Feed for /2001/related/acts/38 PDF
Date of enactment: December 17, 2001
2001 Assembly Bill 512 Date of publication*: January 4, 2002
* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2001 WISCONSIN ACT 38
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).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
38,1 Section 1. The treatment of 6.28 (1) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.28 (1) reads:
(1) Registration locations; deadline. Except as authorized in ss. 6.29 and 6.55 (2), registration in person for any election shall close at 5 p.m. on the 2nd Wednesday preceding the election. Registrations made by mail under s. 6.30 (4) must be delivered to the office of the municipal clerk or postmarked no later than the 2nd Wednesday preceding the election. An application for registration in person or by mail may be accepted for placement on the registration list after the specified deadline, if the municipal clerk determines that the registration list can be revised to incorporate the registration in time for the election. All applications for registration corrections and additions may be made throughout the year at the office of the city board of election commissioners, at the office of the municipal clerk, at the office of any register of deeds or at other locations provided by the board of election commissioners or the common council in cities over 500,000 population or by either or both the municipal clerk, or the common council, village or town board in all other municipalities and may also be made during the school year at any high school by qualified persons under sub. (2) (a). Other registration locations may include but are not limited to fire houses, police stations, public libraries, institutions of higher education, supermarkets, community centers, plants and factories, banks, savings and loan associations and savings banks. Special registration deputies shall be appointed for all locations. An elector who wishes to obtain a confidential listing under s. 6.47 (2) shall register at the office of the municipal clerk of the municipality where the elector resides.
38,2 Section 2. The treatment of 6.45 (1m) of the statutes by 1999 Wisconsin Act 49, section 7, is not repealed by 1999 Wisconsin Act 182, section 85. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.45 (1m) reads:
(1m) The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election. This subsection does not apply to information that is confidential under s. 6.47.
38,3 Section 3. The treatment of 6.79 (1) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.79 (1) reads:
(1) Municipalities without registration. Except as provided in sub. (6) (a), where there is no registration, before being permitted to vote, each person shall state his or her full name and address. The officials shall enter each name and address on a poll list in the same order as the votes are cast. If the residence of the elector does not have a number, the election officials shall, in the appropriate space, enter "none". Alternatively, the municipal clerk may maintain a poll list consisting of the full name and address of electors compiled from previous elections. Whenever an elector appears to vote, the officials shall verify the correctness of the elector's name and address, and shall enter a serial number next to the name of the elector in the order that the votes are cast, beginning with the number one. If the name and address of an elector do not appear on the prepared poll list, the officials shall enter the name, address and serial number of the elector at the bottom of the list. The officials may require any elector to provide identification, including acceptable proof of residence, or to have another elector corroborate his or her information in accordance with the procedure specified in s. 6.55 (2) (b) before permitting the elector to vote. An elector who presents an identification card under sub. (6) (a) is not required to provide separate identification. The officials shall maintain a separate list of those persons voting under ss. 6.15 and 6.24.
38,4 Section 4. The treatment of 6.79 (2) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.79 (2) reads:
(2) Municipalities with registration. Except as provided in sub. (6) (b), where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise entered and shall be given a slip bearing such number.
38,5 Section 5. The treatment of 6.79 (5) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.79 (5) reads:
(5) Poll list format. Poll lists shall be kept on forms or in an electronic format prescribed by the board to be substantially similar to the standard registration list forms used in municipalities where registration is required and shall require, for each person offering to vote, the entry of the person's full name and address, except as otherwise required under sub. (6) (a).
38,6 Section 6. The treatment of 6.87 (2) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.87 (2) reads:
(2) Except as authorized under sub. (3) (d), the municipal clerk shall place the ballot in an unsealed envelope furnished by the clerk. The envelope shall have the name, official title and post-office address of the clerk upon its face. The other side of the envelope shall have a printed certificate in substantially the following form:
[STATE OF ....
County of ....]
or
[(name of foreign country and city or other jurisdictional unit)]
I, ...., certify subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, that I am a resident of the [.... ward of the] (town) (village) of ...., or of the .... aldermanic district in the city of ...., residing at .... in said city, the county of ...., state of Wisconsin, and am entitled to vote in the (ward) (election district) at the election to be held on ....; that I am not voting at any other location in this election; that I am unable or unwilling to appear at the polling place in the (ward) (election district) on election day or have changed my residence within the state from one ward or election district to another within 10 days before the election. An elector who provides an identification serial number issued under s. 6.47 (3) need not provide a street address. I certify that I exhibited the enclosed ballot unmarked to the witness, that I then in (his) (her) presence and in the presence of no other person marked the ballot and enclosed and sealed the same in this envelope in such a manner that no one but myself and any person rendering assistance under s. 6.87 (5), Wis. Stats., if I requested assistance, could know how I voted.
Signed ....
Identification serial number, if any: ....
The witness shall execute the following:
I, the undersigned witness, subject to the penalties of s. 12.60 (1) (b), Wis. Stats., for false statements, certify that the above statements are true and the voting procedure was executed as there stated. I am not a candidate for any office on the enclosed ballot (except in the case of an incumbent municipal clerk). I did not solicit or advise the elector to vote for or against any candidate or measure.
....(Name)
....(Address)
38,7 Section 7. The treatment of 6.88 (3) (a) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 6.88 (3) (a) reads:
(a) Any time between the opening and closing of the polls on election day, the inspectors shall open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll or registration list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. The inspectors shall deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll or registration list the same as if the elector had been present and voted in person.
38,8 Section 8. The treatment of 7.08 (1) (c) of the statutes by 1999 Wisconsin Act 49 is not repealed by 1999 Wisconsin Act 182. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 7.08 (1) (c) reads:
(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (b), 6.47 (1) (a) 2. and (3), 6.55 (2) and (3), 6.79 (5) and 6.86 (2) and (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.
38,9 Section 9. 13.101 (13) (intro.) of the statutes is renumbered 13.101 (13) (a).
Note: Corrects transcription error. This provision was created as s. 13.101 (13) (a), by 1995 Wis. Act 27, but the (a) was inadvertently dropped.
38,10 Section 10. 14.64 (2) (a) of the statutes is amended to read:
14.64 (2) (a) Except as provided in s. 16.25 16.255, establish and administer a college savings program that allows an individual, trust, legal guardian, or entity described under 26 USC 529 (e) (1) (C) to establish a college savings account to cover tuition, fees, and the costs of room and board, books, supplies, and equipment required for the enrollment or attendance of a beneficiary at an eligible educational institution, as defined under 26 USC 529.
Note: Section 16.25, as created by 1999 Wis. Act 44, is renumbered to s. 16.255 by this bill.
38,11 Section 11. 15.107 (6) of the statutes is repealed.
Note: By its terms, this provision has no application after December 30, 2000.
38,12 Section 12. 16.25 of the statutes, as created by 1999 Wisconsin Act 44, is renumbered 16.255.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 105 also created a provision numbered s. 16.25.
38,13 Section 13. 16.70 (14) of the statutes, as affected by 1999 Wisconsin Acts 65 and 167, is amended to read:
16.70 (14) "State" does not include a district created under subch. II, III or, IV, or V of ch. 229.
Note: Reconciles the treatment of this provision by Acts 65 and 167.
38,14 Section 14. 16.75 (8) (a) 2. (intro.) and c. of the statutes are consolidated, renumbered 16.75 (8) (a) 2. and amended to read:
16.75 (8) (a) 2. Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a fiscal year, is not less than the following: c. By 1995-96, 40% of all purchased paper.
Note: With the next section of this bill, obsolete transition provisions are removed.
38,15 Section 15. 16.75 (8) (a) 2. a. and b. of the statutes are repealed.
Note: See the note to the previous section of this bill.
38,16 Section 16. 20.115 (1) (c) of the statutes is amended to read:
20.115 (1) (c) Automobile repair regulation. The amounts in the schedule for the enforcement of ch. Ag ATCP 132, Wis. adm. code Adm. Code.
Note: Inserts correct citation.
38,17 Section 17. 20.292 (1) (gt) of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
38,18 Section 18. 23.09 (2dm) (b) of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
38,19 Section 19. 23.09 (2p) (c) 1. of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
38,20 Section 20. 23.092 (5) (b) 1. of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
38,21 Section 21. 23.094 (4) (b) 1. of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 2000.
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