SB558: Bill Text

April 5, 2004 - Introduced by Law Revision Committee. Referred to Committee on Homeland Security, Veterans and Military Affairs and Government Reform.

SB558,1,5 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. In accordance with a change in drafting style, commas before the last item in a series are added throughout this bill.

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

SB558, s. 1 Section 1. 1.10 (1m) of the statutes is amended to read:

SB558,2,11 1.10 (1m) The Wisconsin state ballad is "Oh Wisconsin, Land of My Dreams," music written by Shari A. Sarazin and lyrics written by Emma Erma Barrett, the words to which are as follows: "Oh Wisconsin, land of beauty, with your hillsides and your plains, with your jackpine and your birch tree, and your oak of mighty frame. Land of rivers, lakes and valleys, land of warmth and winter snows, land of birds and beasts and humanity, oh Wisconsin, I love you so. Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. In the summer, golden grain fields; in the winter, drift of white snow; in the springtime, robins singing; in the autumn, flaming colors show. Oh I wonder who could wander, or who could want to drift for long, away from all your beauty, all your sunshine, all your sweet song? Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. And when it's time, let my spirit run free in Wisconsin., land of my dreams."

Note: Corrects error in transcribing 2001 Wis. Act 16.

SB558, s. 2 Section 2. 6.18 (form) of the statutes is amended to read:

SB558,2,16 6.18 (form) This form shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB558,2,17 APPLICATION FOR PRESIDENTIAL

SB558,2,18 ELECTOR'S ABSENT ABSENTEE BALLOT.

SB558,2,19 (To be voted at the Presidential Election

SB558,2,20 on November ...., .... (year)

SB558,3,5 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB558,3,6 Signed ....

SB558,3,7 Address ....(Present address)

SB558,3,8 ....(City) ....(State)

SB558,3,9 Subscribed and sworn to before me this .... day of .... .... (year)

SB558,3,10 ....(Notary Public, or other officer authorized to administer oaths.)

SB558,3,11 ....(County)

SB558,3,12 My Commission expires

SB558,3,13 MAIL BALLOT TO:

SB558,3,14 NAME ....

SB558,3,15 ADDRESS ....

SB558,3,16 CITY .... STATE .... ZIP CODE ....

SB558,3,21 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months or both.

SB558,3,22 ....(Municipal Clerk)

SB558,3,23 ....(Municipality)

Note: Inserts correct word form.

SB558, s. 3 Section 3. 9.01 (1) (b) 12. of the statutes is amended to read:

SB558,4,3 9.01 (1) (b) 12. Except as authorized in s. 6.47 (8), the board of canvassers shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the reconveys recanvass.

Note: Corrects transcription error that appeared in the 1999-2000 statutes. The correct word is published in the 2001-02 statutes.

SB558, s. 4 Section 4. 11.05 (1) (b) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB558,4,9 11.05 (1) (b) Every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 5 Section 5. 11.20 (2s) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB558,4,13 11.20 (2s) A registrant which that is required to file reports under s. 11.12 (6) (am) shall file the reports by the date required under s. 11.12 (6) (am).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 6 Section 6. 11.20 (2t) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB558,4,17 11.20 (2t) A registrant which that is required to file reports under s. 11.12 (6) (c) shall file the reports by the date required under s. 11.12 (6) (c).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 7 Section 7. 11.50 (2s) (b) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB558,5,4 11.50 (2s) (b) Within each political party account, 45% of the moneys designated for crediting to the account under s. 71.10 (3) (a) (am) shall be retained by the board for use in making grants to eligible candidates of that party under sub. (4), and 55% of the moneys received shall be disbursed by the board to the eligible political party for use by the party in making contributions to eligible candidates of that party authorized under par. (f).

Note: Inserts correct cross-reference. 2001 Wis. Act 109 renumbered s. 71.10 (3) (a) to s. 71.10 (3) (am).

SB558, s. 8 Section 8. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB558,5,23 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or a local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.

Note: The underscored "a" was deleted by 2001 Wis. Act 109 without being stricken. The deletion was not intended.

SB558, s. 9 Section 9. 13.525 (6) of the statutes is amended to read:

SB558,6,6 13.525 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

Note: There is no s. 13.525 (5m).

SB558, s. 10 Section 10. 15.31 (3) of the statutes, as created by 2003 Wisconsin Act 25, is amended to read:

SB558,6,11 15.31 (3) Be fully qualified to receive federal recognition at the minimum rank of brigadier general and has have successfully completed a war college course or the military equivalent acceptable to the appropriate service.

Note: Corrects grammar.

SB558, s. 11 Section 11. 16.385 (3) (e) 7. of the statutes is amended to read:

SB558,6,16 16.385 (3) (e) 7. By October 1 of each year and after consulting with the department of administration, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.39.

Note: 1995 Wis. Act 27 renumbered s. 49.80 to s. 16.385, transferring the administration of the low-income energy assistance program from the Department of Health and Family Services to the Department of Administration, rendering the requirement to consult with the Department of Administration, deleted above, without effect.

SB558, s. 12 Section 12. 16.84 (2) of the statutes is amended to read:

SB558,7,16 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled, or occupied by the other state agency. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employees, or other persons. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.24 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

Note: Section 16.84 (2) was amended by 1995 Wis. Act 174 to add the cross-reference to s. 59.24. 1995 Wis. Act 201 renumbered s. 59.24 to s. 59.28 without taking Act 174 into account.

SB558, s. 13 Section 13. 20.285 (1) (c) of the statutes is amended to read:

SB558,8,2 20.285 (1) (c) Energy costs. The amounts in the schedule to pay for utilities and for fuel, heat, and air conditioning, and to pay costs incurred under ss. 16.858 and 16.895, including all operating costs recommended by the department of administration that result from the installation of pollution abatement equipment in state-owned or operated heating, cooling, or power plants, by or on behalf of the board of regents, and including the cost of purchasing electricity, steam, and chilled water generated by the cogeneration facility constructed pursuant to an agreement under 2001 Wisconsin Act 109, section 9156 (2z) (b) (g).

Note: Corrects cross-reference. 2001 Wisconsin Act 109, section 9156 (2z) (g) was numbered 9156 (2z) (b) in the original draft.

SB558, s. 14 Section 14. 20.370 (1) (mu) of the statutes, as affected by 2001 Wisconsin Act 56 and 2001 Wisconsin Act 109, section 36d, is amended to read:

SB558,8,10 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28, 29, and 169, to provide funding under 2001 Wisconsin Act 16 109, section 9137 (1w), and for transfers to the appropriation account under s. 20.285 (1) (kf).

Note: Corrects an error in transcribing 2001 Wis. Act 109.

SB558, s. 15 Section 15 . The treatment of 20.370 (1) (mu) of the statutes by 2001 Wisconsin Act 56 is not repealed by 2001 Wisconsin Act 109, section 36db. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor effective July 1, 2003, s. 20.370 (1) (mu) reads:

(mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28, 29, and 169 and for transfers to the appropriation account under s. 20.285 (1) (kf).

SB558, s. 16 Section 16. 25.61 of the statutes is amended to read:

SB558,8,19 25.61 VendorNet fund. There is created a separate nonlapsible trust fund designated as the VendorNet fund consisting of all revenues accruing to the state from fees assessed under ss. s. 16.701 and 16.702 (1) and from gifts, grants, and bequests made for the purposes of ss. s. 16.701 and 16.702 (1) and moneys transferred to the fund from other funds.

Note: There is no s. 16.702 (1).

SB558, s. 17 Section 17. 26.145 (2m) of the statutes is amended to read:

SB558,9,8 26.145 (2m) Effect of other financial assistance. The department may consider any cost which that has been or will be paid or reimbursed from moneys received under another federal or state financial assistance program as an ineligible cost for the purposes of calculating the amount of a grant under sub. (1), except that the department shall consider any cost that has been or will be paid or reimbursed from moneys received under s. 101.573 (3) as an eligible cost for the purposes of calculating the amount of a grant under sub. (1).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 18 Section 18. 29.182 (4m) of the statutes is amended to read:

SB558,9,14 29.182 (4m) Limitation of one license. A person may be issued, or transferred under par. sub. (4) (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under par. sub. (4) (g), of the license to the person is subject to s. 29.024 (2g).

Note: Inserts correct cross-reference. There is no s. 29.182 (4m) (g).

SB558, s. 19 Section 19. The treatment of 29.347 (2) of the statutes by 2001 Wisconsin Act 56 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 29.347 (2) reads:

(2) Deer or elk carcass tags. Except as provided under sub. (5) and s. 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Any person who kills an elk shall immediately attach to the ear or antler of the elk a current validated elk carcass tag. Except as provided under sub. (2m) or s. 29.89 (6), no person may possess, control, store, or transport a deer carcass unless it is tagged as required under this subsection. Except as provided under sub. (2m), no person may possess, control, store, or transport an elk carcass unless it is tagged as required under this subsection. A person who kills a deer or elk shall register the deer or elk in the manner required by the department. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer or elk before registration renders the deer or elk untagged.

SB558, s. 20 Section 20. 30.12 (3) (a) 6. of the statutes is amended to read:

SB558,10,7 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no permit may be granted for a permanent boat shelter which that is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of or if there is a boathouse over navigable waters adjacent to the owner's property.

Note: Corrects an error in transcribing 1987 Wis. Act 374. Replaces "which" with "that" to correct grammar.

SB558, s. 21 Section 21. 45.43 (1) (a) of the statutes is amended to read:

SB558,10,14 45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who meets at least one of the conditions listed in s. 45.35 (5) 45.001 (4) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) 45.001 (4) (a) 2. a. to c.