SB146: Bill Text

SB146,1,5 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 correction bill is explained in the Notes provided by the revisor of statutes in the body of the bill.

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

SB146, s. 1 Section 1. 6.875 (1) (b) of the statutes is amended to read:

SB146,1,8 6.875 (1) (b) "Relative" means a spouse or individual related within the 1st, 2nd or 3rd degree of kinship under s. 852.03 (2), 1995 stats 990.001 (16).

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the creation of s. 990.001 (16) by this bill.

SB146, s. 2 Section 2. 8.20 (2) (c) of the statutes is amended to read:

SB146,2,9 8.20 (2) (c) In the case of candidates for the offices of president and vice president, the nomination papers shall contain both candidates' names; the office for which each is nominated; the residence and post-office address of each; and the party or principles they represent, if any, in 5 words of or less. In the case of candidates for the offices of governor and lieutenant governor, the nomination papers shall contain both candidates' names; the office for which each is nominated; the residence and post-office address of each; and the party or principles they represent, if any, in 5 words or less.

Note: Inserts correct word.

SB146, s. 3 Section 3. 11.26 (1) (d) of the statutes is renumbered 11.26 (1) (d) (intro.) and amended to read:

SB146,2,13 11.26 (1) (d) (intro.) Candidates for local offices, an amount equal to the greater of the following:

SB146,2,14 1) $250; or. Two hundred fifty dollars.

SB146,2,17 2) one. One cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $3,000.

Note: Conforms numbering to current style.

SB146, s. 4 Section 4. 13.63 (1) of the statutes, as affected by 1997 Wisconsin Acts 191 and 237, is amended to read:

SB146,3,5 13.63 (1) Licenses. (a) An application for a license to act as a lobbyist may be obtained from and filed with the board. An applicant shall include his or her social security number on the application. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year.

SB146,3,21 (b) The board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No other application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.

SB146,4,2 (c) Denial of a license on the basis of a certification by the department of revenue may be reviewed under s. 73.0301. Except with respect to a license that is denied or suspended pursuant to a memorandum of understanding entered into under s. 49.857, denial or suspension of a license Denial of any other license may be reviewed under ch. 227.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). The underscored language is inserted to give effect to the treatment of this provision by 1997 Wis. Act 237. The stricken language reconciles the treatments by 1997 Wis. Acts 191 and 237.

SB146, s. 5 Section 5. 15.407 (4) (a) 1. of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1993.

SB146, s. 6 Section 6. 15.407 (4) (a) 2. of the statutes is renumbered 15.407 (4) (a) and amended to read:

SB146,4,7 15.407 (4) (a) Three speech-language pathologists registered under subch. II of ch. 459. This subdivision applies after June 30, 1993.

Note: Deletes obsolete transition language.

SB146, s. 7 Section 7. 15.407 (4) (b) 1. of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1993.

SB146, s. 8 Section 8. 15.407 (4) (b) 2. of the statutes is renumbered 15.407 (4) (b) and amended to read:

SB146,4,12 15.407 (4) (b) Two audiologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

Note: Deletes obsolete transition language.

SB146, s. 9 Section 9. 16.72 (8) of the statutes, as created by 1997 Wisconsin Act 212, is renumbered 16.72 (9).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 27 also created a s. 16.72 (8).

SB146, s. 10 Section 10. 16.971 (2) (m) of the statutes is amended to read:

SB146,5,4 16.971 (2) (m) Assist in coordination and integration of the plans of executive branch agencies relating to information technology approved under par. (L) and, using these plans and the statewide long-range telecommunications plan under s. 16.99 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The division shall, no later than September 15 of each even-numbered year, submit the statewide strategic plan to the cochairpersons of the joint committee on information technology policy and the governor.

Note: Inserts correct committee name. There is no joint committee on information technology.

SB146, s. 11 Section 11. 19.01 (1) (intro.) of the statutes is amended to read:

SB146,5,9 19.01 (1) Form of oath. (intro.) Every official oath required by article IV, section 28, of the constitution or by any statute shall be in writing, subscribed, and sworn to, and, except as provided otherwise by s. 757.02 and SCR 40.13 40.15, shall be in substantially the following form:

Note: The attorney's oath is at SCR 40.15. SCR 40.13 has no relation to oaths.

SB146, s. 12 Section 12. 19.55 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,5,16 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of workforce development for purposes of administration of s. 49.22 or to the department of revenue for purposes of administration of s. 73.0301.

Note: The underscored language was deleted by 1997 Wis. Act 237 without being shown as stricken. No change was intended.

SB146, s. 13 Section 13. The treatment of 19.85 (1) (d) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 283. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 14 Section 14 . 20.143 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 237, section 24, is amended to read:

SB146,6,13 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements and assistance. Biennially, the amounts in the schedule for grants under s. 560.615; for grants and loans under ss. 560.62, 560.63 and 560.66; for grants under s. 560.145; for loans under s. 560.147; for grants under s. 560.16; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the loan loans under 1997 Wisconsin Act 27, section 9110 (7f), and 1997 Wisconsin Act 310, section 2 (2d); and for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), and 1997 Wisconsin Act 27, section 9110 (6g). Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98, 1998-99 and 1999-2000 for providing the assistance under s. 560.06. Notwithstanding s. 560.62 (4), of the amounts in the schedule, $125,000 shall be allocated in each of 4 consecutive fiscal years, beginning with fiscal year 1998-99, for grants and loans under s. 560.62 (1) (a).

Note: 1997 Wis. Act 237, s. 24, repeals and recreates this provision effective 6-30-99 without taking the treatment by 1997 Wis. Act 310, s. 1, into account. Language deleted by the Act 237 repeal and recreation is reinserted to give effect to Act 310, s. 1.

SB146, s. 15 Section 15 . 20.143 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 310, section 1c, is amended to read:

SB146,7,4 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements and assistance. Biennially, the amounts in the schedule for grants under s. 560.615; for grants and loans under ss. 560.62, 560.63 and 560.66; for grants under s. 560.145; for loans under s. 560.147; for grants under s. 560.16; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the loan under 1997 Wisconsin Act 27, section 9110 (7f); and for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), and 1997 Wisconsin Act 27, section 9110 (6g). Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98, 1998-99 and 1999-2000 for providing the assistance under s. 560.06. Notwithstanding s. 560.62 (4), of the amounts in the schedule, $125,000 shall be allocated in each of 4 consecutive fiscal years, beginning with fiscal year 1998-99, for grants and loans under s. 560.62 (1) (a).

Note: 1997 Wis. Act 310, s. 1c, repeals and recreates this provision effective 7-1-99 without taking the treatment by 1997 Wis. Act 237, s. 24, into account. Language deleted by the Act 310 repeal and recreation is reinserted to give effect to Act 237, s. 24.

SB146, s. 16 Section 16. The treatment of 20.143 (1) (c) of the statutes by 1997 Wisconsin Act 237, section 23, is not repealed by 1997 Wisconsin Act 310, section 1. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 17 Section 17. The treatment of 20.143 (1) (ie) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 310. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 18 Section 18. The treatment of 20.155 (1) (g) of the statutes by 1997 Wisconsin Act 140 is not repealed by 1997 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 19 Section 19. 20.285 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB146,7,20 20.285 (2) (a) 1. Any moneys in program revenue appropriations to the board of regents for operation may be temporarily transferred to or from any other program revenue appropriation, but any moneys so transferred shall be repaid to the appropriation from which taken before the close of the fiscal year in which the transfer was made. This subdivision does not apply to moneys transferred from the appropriation account under par. sub. (1) (h) to the appropriation account under par. sub. (1) (kp).

Note: Inserts the correct cross-references. There is no s. 20.285 (2) (kp). Section 20.285 (1) (h) and (kp) specifically provides for transfers between the accounts under those paragraphs.

SB146, s. 20 Section 20. 20.370 (9) (hs) of the statutes, as created by 1997 Wisconsin Act 237, is amended to read:

SB146,8,6 20.370 (9) (hs) Approval fees from Lac du Flambeau band. All moneys received from the Lac du Flambeau band of the Lake Superior Chippewa under s. 29.138 29.229 (5r), to be paid to the band to be used for fishery management within the reservation, as defined in s. 29.138 29.229 (1) (b).

Note: Inserts the correct cross-references. 1997 Wis. Act 248 renumbered s. 29.138 to be s. 29.229.

SB146, s. 21 Section 21. 20.370 (9) (mt) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB146,8,11 20.370 (9) (mt) Aids administration — environmental improvement programs; state funds. From the environmental improvement fund, the amounts in the schedule for the administration of ss. 281.58, 280.60 281.60, 281.61 and 281.62.

Note: Inserts the correct cross-reference. There is no s. 280.60. Section 281.60 relates to the state land recycling loan program.

SB146, s. 22 Section 22. 20.434 (1) (b) of the statutes is amended to read:

SB146,8,14 20.434 (1) (b) Grants to organizations. The amounts in the schedule for grants to organizations under ss. s. 46.93 (2) and 46.935 (5).

Note: Section 46.935 was repealed by 1997 Wis. Act 27.

SB146, s. 23 Section 23. 20.435 (5) (jz) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB146,8,19 20.435 (5) (jz) Badger care premiums. All moneys received from payments under s. 49.665 (5) to be used for the badger care health care program for low-income families under s.49.466 49.665.

Note: Inserts the correct cross-reference consistent with other cross-references to "badger care" in s. 20.435 (5). There is no s. 49.466.

SB146, s. 24 Section 24. 20.435 (5) (kz) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB146,9,6 20.435 (5) (kz) Interagency and intra-agency local assistance. All moneys received from other state agencies and all moneys received by the department from the department not directed to be deposited under par. sub. (1) (km) or (6) (k) for local assistance.

Note: The stricken word was rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

SB146, s. 25 Section 25. The treatment of 20.445 (3) (dz) of the statutes by 1997 Wisconsin Act 27, section 627b, is not repealed by 1997 Wisconsin Act 236. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 26 Section 26. 20.445 (3) (r) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

SB146,9,22 20.445 (3) (r) Support receipt and disbursement program; payments. From the support collections trust fund, all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.265 and 767.29 for child or family support, maintenance, spousal support, health care expenses or birth expenses, and all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if assigned under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

Note: Gives effect to the treatment of this provision by 1997 Wis. Act 105. 1997 Wis. Act 191 repealed and recreated this provision without taking the treatment by Act 105 into account.

SB146, s. 27 Section 27. 20.510 (1) (i) of the statutes, as created by 1997 Wisconsin Act 230, is renumbered 20.510 (1) (j).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 27 also created a provision numbered s. 20.510 (1) (i).

SB146, s. 28 Section 28. The treatment of 20.921 (2) (a) of the statutes by 1997 Wisconsin Act 191 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 29 Section 29. 23.09 (2) (d) 7. of the statutes is amended to read:

SB146,10,7 23.09 (2) (d) 7. For state recreation areas as defined in s. 23.09 (1) designated under s. 23.091.

Note: Inserts correct cross-reference. Section 23.091 relates to state recreation areas. Section s. 23.09 (1) does not.

SB146, s. 30 Section 30. 25.40 (1) (a) 13. of the statutes, as created by 1997 Wisconsin Act 255, is renumbered 25.40 (1) (a) 13m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 27 also created a provision numbered s. 25.40 (1) (a) 13.