SB539: Bill Text

SB539,2,13 6.97 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provided provide identification but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

Note: Corrects spelling.

SB539, s. 3 Section 3. 6.97 (4) of the statutes is amended to read:

SB539,3,2 6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvasers canvassers shall promptly reconvene and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with all additional ballots counted by each board of canvassers.

Note: Corrects spelling.

SB539, s. 4 Section 4. 8.05 (3) (f) of the statutes is amended to read:

SB539,3,6 8.05 (3) (f) The ballot used for the referendum question shall be arranged under s. 5.60 (7) and shall ask: "Shall all candidates in the town of .... for elective town offices be nominated at a nonpartisan primary"??".

Note: Corrects punctuation. The change has been made in the printed volumes.

SB539, s. 5 Section 5. Chapter 9 (title) of the statutes is amended to read:

SB539,3,8 CHAPTER 9

SB539,3,10 POST ELECTION POST-ELECTION ACTIONS; DIRECT LEGISLATION

Note: Corrects spelling. The change has been made in the printed volumes.

SB539, s. 6 Section 6. 13.48 (21) (b) of the statutes is amended to read:

SB539,3,17 13.48 (21) (b) If the state does not wish to exercise the option, and if the building is sold to any third 3rd party, such agreement shall provide that the state has the right to receive an amount equal to construction grant from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the college to the proceeds upon such sale.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 7 Section 7. 15.07 (2) (L) of the statutes is amended to read:

SB539,3,21 15.07 (2) (L) The governor shall serve as chairperson of the information technology management board and the the secretary of administration or his or her designee shall serve as secretary of that board.

Note: Deletes repeated word.

SB539, s. 8 Section 8. 15.105 (23) (b) (intro.) of the statutes is amended to read:

SB539,4,4 15.105 (23) (b) (intro.) No member of the incorporation review board may review a petition referred to the board under s. 66.0203 (8) (b) if any of the following apply applies:

Note: Corrects grammar.

SB539, s. 9 Section 9. 15.105 (28) of the statutes is amended to read:

SB539,4,15 15.105 (28) Information technology management board. There is created an information technology management board that is attached to the department of administration under s. 15.03. The board shall consist of the governor, the cochairpersons of the joint committee on information policy and technology or a member of the legislature from the same house as a cochairperson designated by that cochairperson, one member of the minority party in each house of the legislature, appointed in the same manner as members of standing committees are appointed, the secretary of administration, 2 heads of departments or independent agencies appointed to serve at the pleasure of the governor, 2 other members appointed to serve for 4-year terms, and the secretary of administration or his or her designee.

Note: 2003 Wis. Act 33 renumbered s. 15.215 (1) to s. 15.105 (28) and amended it by replacing "chief information officer" with "secretary of administration or his or her designee." The subsection already included the secretary of administration. "(O)r his or her designee" is retained consistent with the treatment of s. 15.07 (2) (L) by 2003 Wis. Act 33, which provides: "The governor shall serve as chairperson of the information technology management board and the secretary of administration or his or her designee shall serve as secretary of that board."

SB539, s. 10 Section 10. 15.107 (9) of the statutes is repealed.

Note: By its terms, s. 15.107 (9) has no application after June 30, 2002.

SB539, s. 11 Section 11. 16.007 (7) of the statutes is amended to read:

SB539,4,19 16.007 (7) Exception. This section shall not be construed as relieving any 3rd party 3rd-party liability or releasing any joint tort-feasor.

Note: Corrects spelling.

SB539, s. 12 Section 12. 16.115 (3) (c) of the statutes is repealed.

Note: Section 16.115 (3) (intro.) and (c) provide: "The fees established under subs. (1) and (2) shall cover all of the following costs: (c) The actual and necessary expenses of the low-level radioactive waste advisory council created under s. 15.107 (9)." Section s. 15.107 (9) is repealed by this bill as by its terms it has no application after June 30, 2002. Accordingly, there are no actual and necessary expenses of the low-level radioactive waste advisory council after June 30, 2002.

SB539, s. 13 Section 13. 16.135 of the statutes is repealed.

Note: By its terms, s. 16.135 has no application after June 30, 2002.

SB539, s. 14 Section 14. 16.63 (4) (b) 4. of the statutes is amended to read:

SB539,5,14 16.63 (4) (b) 4. A security interest perfected under this paragraph is enforceable against the debtor, any assignee or grantee, and all third 3rd parties, including creditors under any lien obtained by judicial proceedings, subject only to the rights of any third 3rd parties holding security interests in the tobacco settlement revenues previously perfected under this paragraph. Unless the applicable security agreement provides otherwise, a perfected security interest in the tobacco settlement revenues is a continuously perfected security interest in all tobacco settlement revenues existing on the date of the agreement or arising after the date of the agreement. A security interest perfected under this paragraph has priority over any other lien created by operation of law or otherwise, which subsequently attaches to the tobacco settlement revenues.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 15 Section 15. 16.63 (4) (c) 3. of the statutes is amended to read:

SB539,5,18 16.63 (4) (c) 3. The sale, assignment, or transfer is perfected automatically as against third 3rd parties, including any third 3rd parties with liens created by operation of law or otherwise, upon attachment under ch. 409.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 16 Section 16. 19.36 (8) (a) 2. of the statutes is amended to read:

SB539,6,2 19.36 (8) (a) 2. "Law enforcement agency" has the the meaning given in s. 165.83 (1) (b), and includes the department of corrections.

Note: Deletes repeated word.

SB539, s. 17 Section 17. 20.505 (1) (ge) of the statutes is amended to read:

SB539,6,6 20.505 (1) (ge) High-voltage transmission line annual impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 (2) (a) for distributions to to towns, villages and cities under s. 16.969 (3) (a).

Note: Deletes repeated word.

SB539, s. 18 Section 18. 21.78 (4) of the statutes, as created by 2005 Wisconsin Act 22, is amended to read:

SB539,7,2 21.78 (4) If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun service in the U.S. armed forces, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files an election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body. Within 40 days after the termination of service in the U.S. armed forces, the elected or appointed official or employee, upon filing with the clerk of the governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.

Note: Inserts missing article.

SB539, s. 19 Section 19. 21.80 (3) (d) (intro.) of the statutes is amended to read:

SB539,7,6 21.80 (3) (d) Exceptions. (intro.) An employer is not required to reemploy a person under this section if the employer shows that any of the following apply applies:

Note: Corrects grammar.

SB539, s. 20 Section 20. 23.33 (6m) (a) of the statutes is renumbered 23.33 (6m).

Note: Section 23.33 (6m) has no other paragraphs.

SB539, s. 21 Section 21. 23.51 (2p), (3c), (3g), (3m), (5), (5g), (6), (6m), (9) and (10) of the statutes are repealed.

Note: 2003 Wis. Act 139 changed the term "assessment" or "payment" to "surcharge" throughout the statutes, including in all of the definitions in s. 23.51 except s. 23.51 (2p) where "assessment" was inadvertently left unchanged, in relation to certain costs assessed in court cases under ch. 814. However, in the remainder of ch. 23, Act 139 removed all of the references to the specific surcharges that were defined in s. 23.51 and replaced them with a general reference to "surcharges under ch. 814." As a result those defined terms are never used in ch. 23 and the definitions are now removed.

SB539, s. 22 Section 22. 24.60 (1v) of the statutes is amended to read:

SB539,7,12 24.60 (1v) "Federated public library system" means a federated public library system whose territory lies within 2 or more counties.

Note: Inserts missing quotation marks.

SB539, s. 23 Section 23. 29.229 (2) (intro.) of the statutes is amended to read:

SB539,7,17 29.229 (2) Authorization for issuance. (intro.) The band may issue one or more types of fishing approvals that are equivalent to one or more of the the following types of approvals by authorizing the same types of fishing by the same persons and in the same bodies of water:

Note: Deletes repeated word.

SB539, s. 24 Section 24. 30.207 (1m) of the statutes is amended to read:

SB539,8,5 30.207 (1m) Optional area. In addition to the the Wolf River and Fox River basin area, the secretary may designate another area of the state in which general permits may be issued under this section. If the secretary designates an area under this subsection, the secretary shall do so within 6 months after the effective date of the first permit issued for the Wolf River and Fox River basin area.

Note: Deletes repeated word.

SB539, s. 25 Section 25. 30.285 (1) (intro.) of the statutes is amended to read:

SB539,8,8 30.285 (1) (intro.) On an annual basis, the department shall keep records of all of the following:

Note: Inserts missing colon. The change has been made in the printed volumes.

SB539, s. 26 Section 26. 36.11 (34) of the statutes is repealed.

Note: By its terms, s. 36.11 (34) has no application after June 30, 2003.

SB539, s. 27 Section 27. 38.24 (4) (intro.) of the statutes is amended to read:

SB539,8,15 38.24 (4) Fee exemptions. (intro.) A graduate of an associate degree program or vocational diploma program who is a resident of this state is exempt from the fees under sub. (1m) (b) and (c) for up to 6 credits within the same occupational program for which the degree or diploma was awarded if the graduate applies for the exemption within 6 months of graduation and any of the following apply applies:

Note: Corrects grammar.

SB539, s. 28 Section 28. 41.11 (1) (h) of the statutes is amended to read:

SB539,8,19 41.11 (1) (h) Annually report to the senate natural resources committee and the assembly committee on tourism the activities, receipts and disbursements of the division of tourism department for the previous fiscal year.

Note: 1995 Wis. Act 27 created the department of tourism in ch. 41 and renumbered provisions in ch. 560 relating to the division of tourism to ch. 41. Section 41.11 (1) (h) was renumbered from s. 560.23 (1) (h) but was not amended accordingly. "Department" is defined as the department of tourism in ch. 41.

SB539, s. 29 Section 29. 45.01 (11) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 22, is amended to read:

SB539,9,5 45.01 (11) (b) Middle East crisis. (intro.) A person shall be considered to have served in a Middle East crisis if, because of active duty in the U.S. armed forces or forces incorporated as a part of U.S. armed forces, any of the following apply applies:

Note: Corrects grammar.

SB539, s. 30 Section 30. 45.33 (2) (a) 2. (intro.) of the statutes, as affected by 2005 Wisconsin Act 22, is amended to read:

SB539,9,9 45.33 (2) (a) 2. (intro.) The person has a previous loan outstanding under this subchapter, unless any of the following apply applies:

Note: Corrects grammar.

SB539, s. 31 Section 31. 46.279 (1) (c) of the statutes is amended to read:

SB539,9,12 46.279 (1) (c) "Nursing facility" has the meaning given under 42 USC 1369r 1396r (a).

Note: Corrects cross-reference.

SB539, s. 32 Section 32. 48.357 (1) (a) of the statutes is amended to read:

SB539,9,18 48.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order,, as provided in par. (am) or (c), whichever is applicable.

Note: Deletes unnecessary comma. The change has been made in the printed volumes.

SB539, s. 33 Section 33. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:

SB539,9,21 49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this subsection made under s. 20.435 (4) (b), (gp), (o), (pa), (o), (w), or (wm) shall, except as provided in pars. (bg), (bm), and (br), be determined according to a prospective payment system updated annually by the department. The payment system shall implement standards that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following: