SB557: Bill Text

2003 - 2004 LEGISLATURE

2003 Senate BILL 557

April 5, 2004 - Introduced by Law Revision Committee. Referred to Committee on Homeland Security, Veterans and Military Affairs and Government Reform.

SB557,1,5 An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).

Analysis by the Legislative Reference Bureau

This revisor's revision bill is explained in the Notes provided by the revisor of statutes in the body of the bill. In accordance with a change in drafting style, commas before the last item in a series are added throughout the bill. "Which" is replaced by "that" where grammatically correct.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB557, s. 1 Section 1. 16.415 (1) of the statutes, as affected by 2003 Wisconsin Act 33, sections 170, and 9160 (4q) is amended to read:

SB557,2,10 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the director of the office of state employment relations and the administrator of the division of merit recruitment and selection in the office of state employment relations then in effect.

Note: 2003 Wis. Act 33, section 170, deleted "director of the office of state human resources management and the" from s. 16.415 (1) without showing it as stricken. The deletion was unintended. 2003 Wis. Act 33, section 9160 (4q) renamed the office of state human resources management in the department of administration to be the office of state employment relations in the department of administration.

The Act 33, section 170, treatment of s. 16.415 also contained in the last sentence the stricken word "department," which was not preexisting text, and the underscored phrase "office of state human resources management," which was preexisting text. No changes were intended.

SB557, s. 2 Section 2. 16.72 (2) (b) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB557,3,2 16.72 (2) (b) Except as provided in ss. 16.25 (4) (b), 16.751, 560.9813 (4) (b), and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or by its programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

Note: There is no s. 560.9813 (4) (b). 2003 Wis. Act 33 deleted "16.25 (4) (b)" and inserted "560.9813 (4) (b)." The change was unintended.

SB557, s. 3 Section 3. 18.70 of the statutes is amended to read:

SB557,3,10 18.70 Provisions applicable. The following sections apply to this subchapter, except that all references to "public debt",," "debt"," or "revenue obligation" are deemed to refer to "operating notes", ," all references to "evidence of indebtedness" are deemed to refer to "evidence of operating note ",," and all references to "evidences of indebtedness" are deemed to refer to "evidences of operating notes": ss. 18.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9), and (11), 18.17, 18.52 (1), 18.58 (2) (1m), 18.61 (1), 18.62, and 18.63.

Note: 2003 Wis. Act 33 renumbered s. 18.52 (1) to s. 18.52 (1m) and repealed s. 18.58 (2).

SB557, s. 4 Section 4. 20.395 (3) (ck) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB557,3,17 20.395 (3) (ck) West Canal Street reconstruction and extension, service funds. From the general fund, as a continuing appropriation, the amounts in the schedule for the grant under s. 84.03 (3). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 21., 2001 stats., shall be credited to this appropriation account.

Note: Section 20.505 (8) (hm) 21. was repealed by 2001 Wis. Act 16, effective July 1, 2003.

SB557, s. 5 Section 5. 20.425 (1) (i) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB557,4,10 20.425 (1) (i) Fees, collective bargaining training, and publications. The amounts in the schedule for the performance of fact-finding, mediation and arbitration functions, for the provision of copies of transcripts, for the cost of operating training programs under ss. 111.09 (3), 111.71 (5), and 111.94 (3), and for the preparation of publications, transcripts, reports, and other copied material. All moneys received under ss. 111.09 (1) and (2), 111.71 (1) and (2), and 111.94 (1) and (2), all moneys received from arbitrators and arbitration panel members, and individuals who are interested in serving in such positions, and from individuals and organizations who participate in other collective bargaining training programs conducted by the commission, and all moneys received from the sale of publications, transcripts, reports, and other copied material shall be credited to this appropriation account.

Note: Inserts missing commas.

SB557, s. 6 Section 6. 20.435 (1) (gm) of the statutes is amended to read:

SB557,4,21 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 254.88, and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f), and (8) (d), 250.04 (3m), 250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 254.88, and 255.08 (2) (b) and ch. 69 and as reimbursement for medical supplies shall be credited to this appropriation account.

Note: 2003 Wis. Act 33 renumbered s. 254.89 to be s. 97.24 (5).

SB557, s. 7 Section 7. The treatment of 20.835 (1) (d) of the statutes by 2003 Wisconsin Act 31 is not repealed by 2003 Wisconsin Act 33, section 659. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 20.835 (1) (d) reads:

(d) Shared revenue account. A sum sufficient, less any amount appropriated under par. (t), to meet the requirements of the shared revenue account established under s. 79.01 (2) to provide for the distributions from the shared revenue account to counties, towns, villages and cities under ss. 79.03, 79.04 (1) to (4) and 79.06.

SB557, s. 8 Section 8. 20.835 (1) (d) of the statutes, as affected by 2003 Wisconsin Act 33, section 660, is amended to read:

SB557,5,6 20.835 (1) (d) Shared revenue account. A sum sufficient to meet the requirements of the shared revenue account established under s. 79.01 (2) to provide for the distributions from the shared revenue account to counties, towns, villages and cities under ss. 79.03, 79.04 (1) to (4), and 79.06.

Note: Inserts cross-references inserted by 2003 Wis. Act 31. 2003 Wis. Act 33, section 660, repeals and recreates s. 20.835 (1) (d), effective 7-1-04, without taking into account the amendment of the section by 2003 Wis. Act 31. Inserts serial comma.

SB557, s. 9 Section 9. 20.907 (5) (e) 12r. of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:

SB557,5,10 20.907 (5) (e) 12r. Transfers from the income account of the state investment fund, to pay bank service costs under s. 34.045 (1) (b) (bm).

Note: The relevant portion of s. 34.045 (1) (b) is renumbered to s. 34.045 (1) (bm) by this bill.

SB557, s. 10 Section 10. 20.923 (4) (c) 3m. of the statutes is amended to read:

SB557,5,14 20.923 (4) (c) 3m. Employment relations Administration, department of; office of state employment relations; division of merit recruitment and selection: administrator.

Note: 2003 Wis. Act 33 renamed the department of employment relations to be the office of state human resources management in the department of administration, which at Act 33, section 9160 (4q), was renamed the office of state employment relations in the department of administration.

SB557, s. 11 Section 11. 20.923 (18) (a) of the statutes is amended to read:

SB557,6,6 20.923 (18) (a) The department, as defined in s. 230.03 (9), office of state employment relations shall determine what positions in the classified service are comparable positions to the unclassified positions of 3 sales representatives of prison industries and one sales manager of prison industries who are appointed under s. 303.01 (10). For each such unclassified position, the department, as defined in s. 230.03 (9), office of state employment relations shall determine the minimum salary for each comparable position in the classified service and shall set an amount equal to that minimum salary as the salary for that unclassified position.

Note: Section 230.03 (9), which was repealed by 2003 Wis. Act 33, defined "department" to mean the department of employment relations. Act 33 renamed the department of employment relations to be the office of state state human resources management in the department of administration, which at Act 33, section 9160 (4q), was renamed the office of state employment relations in the department of administration.

SB557, s. 12 Section 12. 25.19 (3) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB557,6,11 25.19 (3) The secretary of administration shall, at the direction of the depository selection board under s. 34.045 (1) (b) (bm), allocate bank service costs to the funds incurring those costs.

Note: The relevant portion of s. 34.045 (1) (b) is renumbered to s. 34.045 (1) (bm) by this bill.

SB557, s. 13 Section 13. 34.045 (1) (b) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB557,6,16 34.045 (1) (b) Establish procedures by which state agencies and departments pay for services through compensating balances or fees, or a combination of both methods.

SB557,6,20 (bm) Direct the secretary of administration to maintain compensating balances, or direct the investment board to pay bank service costs as allocated by the secretary of administration under s. 25.19 (3) directly from the income account of the state investment fund, or by a combination of such methods.

Note: Subdivides paragraph for sentence agreement with s. 34.045 (1) (intro.) and conformity with current style.

SB557, s. 14 Section 14. 36.09 (1) (e) of the statutes is amended to read:

SB557,7,14 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; with the advice of the land information board; and the requisite number of officers, other than the vice presidents, associate vice presidents and assistant vice presidents of the system; faculty; academic staff and other employees and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex shall ever be allowed or exercised in the appointment of the employees of the system.

Note: 1997 Wis. Act 237, section 82eg, inserted a semicolon without showing it as underscored. No change was intended.

SB557, s. 15 Section 15. 36.27 (3) (title) of the statutes, as affected by 2003 Wisconsin Act 42, is amended to read:

SB557,7,17 36.27 (3) (title) Tuition remissions for survivors.

Note: 2003 Wis. Act 42 mistakenly amended s. 36.27 (3) (title). Instead, s. 36.27 (3m) (title) should have been amended. Section 36.27 (3m) relates only to survivors; 36.27 (3) is not so restricted.

SB557, s. 16 Section 16. 36.27 (3m) (title) of the statutes is amended to read:

SB557,7,19 36.27 (3m) (title) Fee remissions for survivors.

Note: See the note to the previous section of this bill.

SB557, s. 17 Section 17. 40.08 (1c) of the statutes is amended to read:

SB557,8,6 40.08 (1c) Withholding of annuity payments. Notwithstanding sub. (1), any monthly annuity paid under s. 40.23, 40.24, 40.25 (1), or (2) or (2m), or 40.63 is subject to s. 767.265. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment pursuant to s. 767.265.

Note: 1997 Wis. Act 69 repealed s. 40.25 (2m).

SB557, s. 18 Section 18. 40.08 (1g) of the statutes is amended to read:

SB557,8,13 40.08 (1g) Withholding of lump sum payments. Notwithstanding sub. (1), any lump sum payment made under s. 40.23, 40.24, 40.25 (1), or (2) or (2m), or 40.63 is subject to s. 49.852. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any lump sum payment pursuant to s. 49.852.

Note: 1997 Wis. Act 69 repealed s. 40.25 (2m).

SB557, s. 19 Section 19. 40.285 (2) (a) 1. b. of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:

SB557,9,3 40.285 (2) (a) 1. b. The number of years that may be purchased may not be greater than the accumulated current creditable service of the participating employee at the date of application, excluding all creditable service purchased under this section or s. 40.02 (17) (b), 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats., s. 40.02 (17) (e), 1987, 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats., s. 40.02 (17) (i), 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats., s. 40.02 (17) (k), 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats., s. 40.25 (6), 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats., s. or s. 40.25 (7), 1991, 1993, 1995, 1997, 1999, and 2001 stats., less the number of years of creditable service previously purchased under this paragraph or s. 40.25 (6), 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, and 2001 stats.

Note: Corrects order error.

SB557, s. 20 Section 20. 46.45 (3) (c) of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:

SB557,9,14 46.45 (3) (c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county by December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).

Note: Inserts missing word omitted from 2003 Wis. Act 33.

SB557, s. 21 Section 21. 51.42 (6) (intro.) of the statutes is amended to read:

SB557,9,22 51.42 (6) Powers and duties of county community programs director in certain counties. (intro.) A county community programs director appointed under sub. (5) (a) 4. shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of community programs, subject to such delegation of authority as is not inconsistent with this section and the rules of the department of health and family services promulgated under this section. In consultation and agreement with the county community programs board, the county community programs director appointed under sub. (5) (d) (a) 4. shall do all of the following:

Note: Inserts correct cross-reference. 1997 Wis. Act 268 renumbered s. 51.42 (5) (d) to s. 51.42 (5) (a) 4.

SB557, s. 22 Section 22. 66.1105 (4) (h) 5. of the statutes, as created by 2003 Wisconsin Act 34, is amended to read:

SB557,10,16 66.1105 (4) (h) 5. With regard to a city that has a population of at least 80,000 that was incorporated in 1850 and that is in a county with a population of less than 175,000 which that is adjacent to one of the Great Lakes, the planning commission may adopt an amendment to a project plan under subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan not more than once during the expenditure period specified in sub. (6) (am) 1. for a district which that is located in a city to which sub. (6) (d) applies, except that in no case may expenditures for project costs that are incurred because of an amendment to a project plan that is authorized under this subdivision be made later than 17 years after the district is created. This subdivision does not apply to a tax incremental district that is created after January 1, 2004.

Note: Replaces "which" with "that" to correct grammar.

SB557, s. 23 Section 23. 66.1105 (6) (a) 5. of the statutes, as created by 2003 Wisconsin Act 34, is renumbered 66.1105 (6) (a) 6.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 46 also created s. 66.1105 (6) (a) 5.

SB557, s. 24 Section 24. 66.1105 (7) (as) of the statutes, as created by 2003 Wisconsin Act 46, is renumbered 66.1105 (7) (at).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 34 also created s. 66.1105 (7) (as).

SB557, s. 25 Section 25. 66.1333 (5r) (h) 2. of the statutes is amended to read: