SB287: Bill Text

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2011 - 2012 LEGISLATURE

2011 Senate BILL 287

November 8, 2011 - Introduced by Law Revision Committee. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB287,1,2 An Act relating to: affecting various provisions of the statutes to correct errors and reconcile conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill was prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. Specific changes are explained in the Notes in the body of the bill.

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

SB287, s. 1 Section 1. 2.01 (19) of the statutes is amended to read:

SB287,1,9 2.01 (19) Florence: Commencing at the southwest corner of township 38, of range 15 east of the meridian aforesaid; thence east along the township line to the southeast corner of township 38, of range 19 east; thence north on the range line to the northern boundary of this state, in the Menomonee Menominee River; thence northwesterly along said boundary line to the range line between ranges 14 and 15 east, in the Brule River; thence southerly on said range line to the place of beginning.

Note: Corrects spelling. The Menominee River is located in northeast Wisconsin, including Florence County. The Menomonee River is located in southeast Wisconsin.

SB287, s. 2 Section 2. 10.80 (5) (dm) of the statutes is amended to read:

SB287,2,4 10.80 (5) (dm) 9 days before election. 9 days before a presidential election is the earliest that new residents may apply to vote for president and vice president at the office of the municipal clerk. See s. 6.15 (3) (2) (a).

Note: There is no s. 6.15 (3) (a). Requests for applications to vote in presidential elections are governed by s. 6.15 (2) (a).

SB287, s. 3 Section 3. 10.80 (6) (a) 2. of the statutes is amended to read:

SB287,2,8 10.80 (6) (a) 2. 5 p.m. on the day before the general election in presidential election years is the latest that new residents may apply to vote for president and vice president at the office of the municipal clerk. See s. 6.15 (3) (2) (a).

Note: There is no s. 6.15 (3) (a). Requests for applications to vote in presidential elections are governed by s. 6.15 (2) (a).

SB287, s. 4 Section 4. 13.41 (1) (a) (intro.) and (2) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 363, section 2r, are amended to read:

SB287,2,14 13.41 (1) (a) (intro.) If there are 9 or more vacancies in the senate at the same time, as determined under s. 17.03, the senate leader of each political party, as specified in pars. (b) and (c), shall, for each vacant senate seat that was last held by a member of his or her party, do all of the following:

SB287,2,18 (2) (a) (intro.) If there are 25 or more vacancies in the assembly at the same time, as determined under s. 17.03, the assembly leader of each political party, as specified in pars. (b) and (c), shall, for each vacant assembly seat that was last held by a member of his or her party, do all of the following:

Note: The underscored text was deleted by 2009 Wis. Act 363 without being shown as stricken. No change was intended.

SB287, s. 5 Section 5 . 20.505 (1) (is) of the statutes, as affected by 2009 Wisconsin Acts 28 and 302, is amended to read:

SB287,3,7 20.505 (1) (is) Information technology and communications services; nonstate entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3), and 16.997 (2) (d) and (2g) (a) 3., to provide computer, telecommunications, electronic communications, and supercomputer services, but not integrated business information system services under s. 16.971 (2) (cf), to state authorities, units of the federal government, local governmental units, tribal schools, and entities in the private sector, the amounts in the schedule.

Note: The phrase ", but not integrated business information system services under s. 16.971 (2) (cf)," was deleted by 2009 Wisconsin Act 302 without being stricken. No change was intended.

SB287, s. 6 Section 6. 27.065 (12) (a) of the statutes is amended to read:

SB287,4,10 27.065 (12) (a) If in any action at law for the recovery of damages arising from a failure to make a proper assessment of benefits and damages, or failure to observe any provisions of law, or because of any act or defect in any proceeding in which benefits and damages are assessed, and in any action to set aside any special assessment against property for any purpose, or to set aside any special assessment certificate, special improvement bond or tax certificate based upon such special assessment, the court determines that such assessment is invalid by reason of a defective assessment of benefits and damages, or for any cause, it shall stay all proceedings in such action until a new assessment thereof is made as provided hereinafter; thereupon the proper county authorities shall proceed forthwith to make a new assessment of benefits and damages against the property of the plaintiff as required by law in the case of the original assessment, and the plaintiff shall have the same right to appeal from the new assessment as the plaintiff or the plaintiff's grantors would have had from the original assessment. If the validity of the new assessment is contested by the plaintiff, the court shall summarily try the matter and file an order sustaining or overruling the objection of the plaintiff. If the new assessments are held invalid, subsequent assessments may be made in like manner and similar proceedings resorted to, to determine the validity of such assessments. When the amount to be assessed against the plaintiff's property is finally determined by an assessment of benefits and damages, which the court holds to be valid, or when an appeal is taken, the court shall make an order, requiring the plaintiff to pay into the court for the benefit of the parties entitled thereto, the amount which should be justly assessed against the property in question; upon compliance with said order, judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply with such order the action shall be dismissed with costs.

Note: Inserts comma between identical words for clarity.

SB287, s. 7 Section 7. 29.228 (2) (b) of the statutes, as created by 2009 Wisconsin Act 364, is amended to read:

SB287,4,16 29.228 (2) (b) A nonresident annual fishing license issued to any nonresident who holds a one-day fishing license under sub. (4m) that is valid during the same year for which the resident nonresident applies for a resident nonresident annual fishing license shall be issued at the reduced fee under s. 29.563 (3r).

Note: Licenses issued under s. 29.228 (4m) are issued to nonresidents.

SB287, s. 8 Section 8. The treatment of 39.41 (1m) (a) (intro.) of the statutes by 2009 Wisconsin Act 302 is not repealed by 2009 Wisconsin Act 306. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (a) (intro.) reads:

(a) Subject to par. (d), by February 25 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school shall:

SB287, s. 9 Section 9. The treatment of 39.41 (1m) (b) of the statutes by 2009 Wisconsin Act 302 is not repealed by 2009 Wisconsin Act 306. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (b) reads:

(b) Subject to par. (e), by February 25 of each school year, the school board of each school district operating one or more high schools and the governing body of each private high school and of each tribal high school may, for each high school with an enrollment of less than 80 pupils, nominate the senior with the highest grade point average in all subjects who may be designated as a scholar by the executive secretary under par. (c) 3.

SB287, s. 10 Section 10. The treatment of 39.41 (1m) (e) of the statutes by 2009 Wisconsin Act 302 is not repealed by 2009 Wisconsin Act 306. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 39.41 (1m) (e) reads:

(e) If 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private or tribal high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary, but does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select, in order of priority, one or more of the remaining seniors with the same grade point average for certification as a scholar or, if there is no remaining senior with the same grade point average, one or more of the remaining seniors with the next highest grade point average, but not less than 3.800 or the equivalent, for certification as a scholar, and the school board of the school district operating the high school or the governing body of the private or tribal high school shall certify to the board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board.

SB287, s. 11 Section 11. The treatments of 40.51 (8) of the statutes by 2009 Wisconsin Acts 14, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.51 (8) reads:

(8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

SB287, s. 12 Section 12. The treatments of 40.51 (8m) of the statutes by 2009 Wisconsin Acts 14, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.51 (8m) reads:

(8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.885, 632.89, and 632.895 (11) to (17).

SB287, s. 13 Section 13. The treatment of 45.20 (2) (d) 1. (intro.) of the statutes by 2009 Wisconsin Act 297 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 45.20 (2) (d) 1. (intro.) reads:

1. Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

SB287, s. 14 Section 14. 45.34 (2) (b) 2. of the statutes is amended to read:

SB287,6,8 45.34 (2) (b) 2. Unless other acceleration provisions are permitted under s. 45.36 (2), the loan made under this subchapter will be repaid in full upon sale of the residence or any of the person's interest in it. A divorce judgment divesting the person's interest in the residence or a quit claim quitclaim deed executed under the judgment does not constitute a sale.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 15 Section 15. The treatment of 46.10 (14) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 218. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 46.10 (14) (a) reads:

(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

SB287, s. 16 Section 16. 46.56 (15) (b) 4. of the statutes, as affected by 2009 Wisconsin Acts 28 and 334, is repealed and recreated to read:

SB287,7,6 46.56 (15) (b) 4. Submit a description of the existing services and other resources in the county or tribe for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this subsection or funds from other sources to develop or expand the initiative.

Note: 2009 Wis. Act 28 amended s. 46.56 (15) (b) 4. effective the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9). 2009 Wis. Act 334 amended s. 46.56 (15) (b) 4., as affected by Act 28, but without a specified delayed effective date, which resulted in a possible ambiguity in the effective date for the treatment of s. 46.56 (15) (b) 4. by Act 334. The drafting file for Act 334 indicates no intention to delay the treatment of s. 46.56 (15) (b) 4. by that act. This bill section is intended to clarify that the effective date for the Act 334 treatment of s. 46.56 (15) (b) 4. is the general effective date for Act 334, May 27, 2010, the day after publication of Act 334, and not the effective date for the treatment of s. 46.56 (15) (b) 4. by Act 28.

SB287, s. 17 Section 17. The treatment of 48.371 (1) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.371 (1) (a) reads:

(a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the HIV test results are provided, the agency shall notify the foster parent, relative, or operator of the group home or residential care center for children and youth of the confidentiality requirements under s. 252.15 (6).

SB287, s. 18 Section 18. The treatment of 48.78 (2) (a) of the statutes by 2009 Wisconsin Act 185 is not repealed by 2009 Wisconsin Act 338. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.78 (2) (a) reads:

(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (b) or (c) 1., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

SB287, s. 19 Section 19. The treatment of 49.345 (14) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 218. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 49.345 (14) (a) reads:

(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.

SB287, s. 20 Section 20. The treatment of 49.785 (1m) (b) of the statutes by 2009 Wisconsin Act 15 is not repealed by 2009 Wisconsin Act 393. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 49.785 (1m) (b) reads:

(b) If the total funeral and burial expenses for the recipient exceed $4,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under sub. (1) (b).

SB287, s. 21 Section 21. 51.06 (8) (b) 6. of the statutes is amended to read:

SB287,8,9 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit under ss. 46.2805 to 46.2895, or under any other home-based or community-based program for which the department has received a waiver under 42 USC 2396n 1396n (c).

Note: Inserts correct cross-reference. There is no 42 USC 2396n. Waivers are allowed under 42 USC 1396n.

SB287, s. 22 Section 22. The treatments of 66.0137 (4) of the statutes by 2009 Wisconsin Acts 14, 28, 146, 180 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0137 (4) reads:

(4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

SB287, s. 23 Section 23. The treatment of 66.1106 (7) (a) of the statutes by 2009 Wisconsin Act 66 is not repealed by 2009 Wisconsin Act 312. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1106 (7) (a) reads:

(a) Subject to pars. (am), (b), (c), (d), and (e), the department shall annually authorize the positive environmental remediation tax increment with respect to a parcel or contiguous parcels of property during the period of certification to the political subdivision that incurred the costs to remediate environmental pollution on the property, except that an authorization granted under this paragraph does not apply after the department receives the notice described under sub. (10) (b).