Amendment AA1-ASA1-SB55

LRBb1868/1

ALL:ALL:ALL

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 29, 2001 - Offered by Representatives Vrakas and Jensen.

SB55-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB55-ASA1-AA1,1,2 1. Page 1, line 3: before that line insert:

SB55-ASA1-AA1,1,3 " Section 1bg. 1.026 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1,10 1.026 (1) (b) It is the policy of the legislature that the Apostle Islands be managed in a manner that will preserve their unique primitive and wilderness character. The department of natural resources fish, wildlife, parks, and forestry is directed before taking any action or making a decision concerning the Apostle Islands to make a finding that such an action or decision will ensure that the citizens of this state will be assured the opportunity for wilderness, inspirational primitive and scenic experiences in the Apostle Islands into perpetuity.

SB55-ASA1-AA1, s. 1bh Section 1bh. 1.026 (3) of the statutes is amended to read:

SB55-ASA1-AA1,2,13 1.026 (3) Lands to be conveyed. Notwithstanding any other law to the contrary, the department of natural resources fish, wildlife, parks, and forestry, with the approval of the governor, is directed to donate and convey, upon request of the United States for purposes of the development of the lakeshore, all state-owned lands within the lakeshore boundary, as hereafter described: The state-owned lands on Basswood, Oak, Michigan and Stockton Islands in township 50 north, range 3 west; township 51 north, range 1 west; township 51 north, range 3 west, township 52 north, range 3 west, all in the town of La Pointe, Ashland County, Wisconsin. Each conveyance shall contain a provision that such lands shall revert to the state when they are no longer used for national lakeshore purposes as defined by section 7 of the Apostle Islands national lakeshore act of 1970 (P.L. 91-424; 84 stat. 880), except that such reversion does not apply to lands upon which capital improvements have been placed by the United States.

SB55-ASA1-AA1, s. 1bj Section 1bj. 1.035 (1) of the statutes is amended to read:

SB55-ASA1-AA1,2,24 1.035 (1) The state of Wisconsin consents that the government of the United States may acquire in this state, in any manner, such areas of land, or of land and water, as the United States deems necessary for the establishment of the "Upper Mississippi River Wildlife and Fish Refuge," in accordance with the act of congress approved June 7, 1924; provided, that the states of Illinois, Iowa and Minnesota grant a like consent, and all rights respectively reserved by said states, in addition to the reservation herein made, are hereby reserved to this state; and provided, further, that any acquisition by the government of the United States of land, or of land and water, shall first be approved by the governor, on the advice of the department of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1bL Section 1bL. 1.055 (1) of the statutes is amended to read:

SB55-ASA1-AA1,3,15 1.055 (1) Consent of this state is given to the acquisition by the United States by purchase, gift, lease or condemnation, with adequate compensation therefor, of such areas of land not exceeding 2,000,000 acres as the United States deems necessary for the establishment of national forests in the state, in accordance with the act of congress approved June 7, 1924, and the board of commissioners of public lands are authorized to sell and convey for a fair consideration to the United States any state lands included within such areas; provided, that this state shall retain concurrent jurisdiction with the United States in and over such areas so far that civil process, in all cases, and such criminal process as may issue under the authority of this state against any persons charged with the commission of any crime within or without said areas, may be executed thereon in like manner as if this consent had not been given. Provided, further, that the boundaries of any areas so selected shall be first approved by the governor, the board of commissioners of public lands, the department of natural resources fish, wildlife, parks, and forestry, and the county board of each county in which any such area is located.

SB55-ASA1-AA1, s. 1bn Section 1bn. 1.056 of the statutes is amended to read:

SB55-ASA1-AA1,3,25 1.056 State conservation areas. Consent of this state is given to the United States to acquire by purchase, gift, lease or condemnation, with adequate compensation therefor, areas of land and water within boundaries approved by the governor and the county board of the county in which the land is located, for the establishment of state forests, state parks or other state conservation areas to be administered by the state under long-term leases, treaties or cooperative agreements, which the department of natural resources fish, wildlife, parks, and forestry is hereby authorized to enter into on behalf of the state with the federal government.".

SB55-ASA1-AA1,4,1 2. Page 2, line 24: after that line insert:

SB55-ASA1-AA1,4,2 " Section 1L. 1.11 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,4,15 1.11 (2) (d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any agency which that has jurisdiction or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, to the department of natural resources environmental management, and to the public. Every proposal other than for legislation shall receive a public hearing before a final decision is made. Holding a public hearing as required by another statute fulfills this section. If no public hearing is otherwise required, the responsible agency shall hold the hearing in the area affected. Notice of the hearing shall be given by publishing a class 1 notice, under ch. 985, at least 15 days prior to the hearing in a newspaper covering the affected area. If the proposal has statewide significance, notice shall be published in the official state newspaper;".

SB55-ASA1-AA1,4,16 3. Page 2, line 25: after that line insert:

SB55-ASA1-AA1,4,17 " Section 29n. 6.10 (7m) of the statutes is created to read:

SB55-ASA1-AA1,4,21 6.10 (7m) (a) The residence of a person who is detained, or committed and institutionalized, under s. 51.20, 971.14, or 971.17 or ch. 980 shall be determined by applying the standards under sub. (1) to whichever of the following dates is applicable to the circumstances of the person:

SB55-ASA1-AA1,4,24 1. For a person detained or committed under s. 51.20, the date that the person was detained under s. 51.20 (2) or, if the person was not detained under s. 51.20 (2), the date that the person was committed under s. 51.20 (13).

SB55-ASA1-AA1,5,2 2. For a person committed under s. 971.14 or 971.17, the date of the offense or alleged offense that resulted in the person's commitment.

SB55-ASA1-AA1,5,6 3. For a person detained or committed under ch. 980, the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the state filed a petition under s. 980.02 against the person.

SB55-ASA1-AA1,5,12 (b) That the person's habitation was fixed at the place established under par. (a) before he or she was detained or committed shall be considered prima facie evidence that the person intends to return to that place. The prima facie evidence of intent to return to the place determined under par. (a) may be rebutted by presenting information that indicates that the person is not likely to return to that place if the person's detention or commitment is terminated.".

SB55-ASA1-AA1,5,13 4. Page 2, line 25: after that line insert:

SB55-ASA1-AA1,5,14 " Section 9d. 5.40 (6) of the statutes is amended to read:

SB55-ASA1-AA1,5,17 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

SB55-ASA1-AA1, s. 10d Section 10d. 6.15 (2) (title) of the statutes is amended to read:

SB55-ASA1-AA1,5,19 6.15 (2) (title) Application for ballot Procedure at clerk's office.

SB55-ASA1-AA1, s. 11d Section 11d. 6.15 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,6,6 6.15 (2) (a) (intro.) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot. Except as provided in par. (e), application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in for the ward or election district in which the elector resides. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

SB55-ASA1-AA1, s. 12d Section 12d. 6.15 (2) (bm) of the statutes is created to read:

SB55-ASA1-AA1,6,11 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present a valid operator's license issued to the person under ch. 343 that contains a photograph of the license holder or present a valid identification card issued to the person under s. 343.50.

SB55-ASA1-AA1, s. 13d Section 13d. 6.15 (2) (d) 1g. of the statutes is created to read:

SB55-ASA1-AA1,6,17 6.15 (2) (d) 1g. If the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name on the identification provided by the elector under par. (bm) is the same as the name on the elector's application and shall verify that the photograph contained in the identification reasonably resembles the elector.

SB55-ASA1-AA1, s. 14d Section 14d. 6.15 (2) (e) of the statutes is created to read:

SB55-ASA1-AA1,6,24 6.15 (2) (e) If the elector makes application in writing but does not appear in person, and the clerk receives a properly completed application and cancellation card from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be mailed, the application must be received no later than 5 p.m. on the Friday before the election. In order to be counted, the ballot must be received by the municipal clerk no later than 5 p.m. on the day before the election.

SB55-ASA1-AA1, s. 15d Section 15d. 6.15 (3) (a) (title) of the statutes is repealed.

SB55-ASA1-AA1, s. 16d Section 16d. 6.15 (3) (a) 1., 2. and 3. of the statutes are renumbered 6.15 (2) (d) 1r., 2. and 3., and 6.15 (2) (d) 1r., as renumbered, is amended to read:

SB55-ASA1-AA1,7,13 6.15 (2) (d) 1r. Upon proper completion of the application and cancellation card, and compliance with subd. 1g., the municipal clerk shall inform the elector that he or she may vote for the presidential electors not sooner than 9 days nor later than 5 p.m. on the day before the election at the office of the municipal clerk, or at a specified polling place on election day. When voting at the municipal clerk's office, the applicant shall provide identification and permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot in the clerk's presence in a manner that will not disclose his or her vote. Unless the ballot is utilized with an electronic voting system, the applicant elector shall fold the ballot so as to conceal his or her vote. The applicant elector shall then deposit the ballot and seal it in an envelope furnished by the clerk.

SB55-ASA1-AA1, s. 17d Section 17d. 6.15 (3) (b) (title) of the statutes is repealed.

SB55-ASA1-AA1, s. 18d Section 18d. 6.15 (3) (b) of the statutes is renumbered 6.15 (3) and amended to read:

SB55-ASA1-AA1,8,9 6.15 (3) Voting procedure Procedure at polling place. An eligible elector may appear at the polling place for the ward or election district where he or she resides and make application for a ballot under sub. (2). In such case, the inspector or special registration deputy Except as otherwise provided in this subsection, an elector who casts a ballot under this subsection shall follow the same procedure required for casting a ballot at the municipal clerk's office under sub. (2). The inspectors shall perform the duties of the municipal clerk. The elector shall provide identification. If the elector is qualified, he or she shall be permitted to vote, except that the inspectors shall return the cancellation card under sub. (2) (b) to the municipal clerk and the clerk shall forward the card as provided under sub. (2) (c) if required. Upon proper completion of the application and cancellation card and compliance with sub. (2) (d) 1g., the inspectors shall permit the elector to cast his or her ballot for president and vice president. The elector shall then mark or punch the ballot and, unless the ballot is utilized with an electronic voting system, the elector shall fold the ballot, and shall deposit the ballot into the ballot box or give it to the inspector. The inspector shall deposit it directly into the ballot box. Voting machines or ballots utilized with electronic voting systems may be used by electors voting under this section if they permit voting for president and vice president only.

SB55-ASA1-AA1, s. 19f Section 19f. 6.22 (4) of the statutes is amended to read:

SB55-ASA1-AA1,9,2 6.22 (4) Instructions and handling. An individual who qualifies as a military elector may request an absentee ballot for any election, or for all elections until the individual otherwise requests or until the individual no longer qualifies as a military elector. A military elector need not provide the identification required under s. 6.86 (1) (ar) 2. A military elector's application may be received at any time. The municipal clerk shall not send a ballot for an election if the application is received later than 5 p.m. on the Friday preceding that election. The municipal clerk shall send a ballot, as soon as available, to each military elector who requests a ballot. The board shall prescribe the instructions for marking or punching and returning ballots and the municipal clerk shall enclose instructions with each ballot and shall also enclose supplemental instructions for local elections. The envelope, return envelope and instructions may not contain the name of any candidate appearing on the enclosed ballots other than that of the municipal clerk affixed in the fulfillment of his or her duties. Whenever the material is mailed, the material shall be prepared and mailed to make use of the federal free postage laws. The mailing list established under this subsection shall be kept current in the same manner as provided in s. 6.86 (2) (b).

SB55-ASA1-AA1, s. 19j Section 19j. 6.24 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,9,6 6.24 (4) (a) An overseas elector who is properly registered where registration is required may request an absentee ballot in writing under ss. 6.86 to 6.89. An overseas elector need not provide the identification required under s. 6.86 (1) (ar) 2.

SB55-ASA1-AA1, s. 29d Section 29d. 6.29 (1) of the statutes is amended to read:

SB55-ASA1-AA1,9,12 6.29 (1) No names may be added to a registration list for any election after the close of registration, except as authorized under this section or s. 6.28 (1) or 6.55 (2). Any person whose name is not on the registration list but who is otherwise a qualified elector is entitled to vote at the election upon compliance with this section, if the person complies with all other requirements for voting at the polling place.

SB55-ASA1-AA1, s. 51d Section 51d. 6.55 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,9,25 6.55 (2) (b) Upon executing the registration form under par. (a), the person shall be required by a special registration deputy or inspector to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also present acceptable proof of residence under sub. (7). If the person cannot supply such proof, the registration form shall be substantiated and signed by one other elector who resides in the same municipality as the registering elector, corroborating all the material statements therein. The corroborator shall then provide acceptable proof of residence. The signing by the elector executing the registration form and by any elector who corroborates the information in the form under par. (a) shall be in the presence of the special registration deputy or inspector. Upon compliance with this procedure and all other requirements for voting at the polling place, such person shall then be given the right to vote.

SB55-ASA1-AA1, s. 52d Section 52d. 6.55 (2) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,11,2 6.55 (2) (c) 1. As an alternative to registration at the polling place under pars. (a) and (b), the board of election commissioners, or the governing body of any municipality in which registration is required may by resolution require a person who qualifies as an elector and who is not registered and desires to register on the day of an election to do so at another readily accessible location in the same building as the polling place serving the elector's residence or at an alternate polling place assigned under s. 5.25 (5) (b), instead of at the polling place serving the elector's residence. In such case, the municipal clerk shall prominently post a notice of the registration location at the polling place. The municipal clerk, deputy clerk, or special registration deputy at the registration location shall require such person to execute a registration form as prescribed under par. (a) and to present a valid operator's license issued to the person under ch. 343 that contains the photograph of the license holder or a valid identification card issued to the person under s. 343.50. If the identification presented is not acceptable proof of residence under sub. (7), the person shall also provide acceptable proof of residence as provided under sub. (7). If the person cannot supply such proof, the registration form shall be corroborated in the manner provided in par. (b). The signing by the elector executing the registration form and by any corroborating elector as prescribed under par. (a) shall be in the presence of the municipal clerk, deputy clerk, or special registration deputy. Upon proper completion of registration, the municipal clerk, deputy clerk, or special registration deputy shall serially number the registration and give one copy to the elector for presentation at the polling place serving the elector's residence or an alternate polling place assigned under s. 5.25 (5) (b).

SB55-ASA1-AA1, s. 53d Section 53d. 6.55 (2) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA1,11,11 6.55 (2) (c) 2. Upon compliance with the procedures under subd. 1., the municipal clerk or deputy clerk shall issue a certificate addressed to the inspectors of the proper polling place directing that the elector be permitted to cast his or her vote. If the elector's registration is corroborated, the clerk shall enter the name and address of the corroborator on the face of the certificate if the elector complies with all requirements for voting at the polling place. The certificate shall be numbered serially and prepared in duplicate. The municipal clerk shall preserve one copy in his or her office.