2005 WISCONSIN ACT 253
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:
253,1
Section
1. 6.47 (5) (a) 1. of the statutes is amended to read:
6.47 (5) (a) 1. The clerk receives notification from a sheriff or chief of police under sub. (8) (10).
Note: There is no notification procedure under s. 6.47 (8). Section 6.47 (10) provides for notice from a sheriff or chief of police to a municipal clerk.
253,2
Section
2. 6.97 (2) of the statutes is amended to read:
6.97 (2) Whenever any individual who votes by absentee ballot is required to provide identification in order to be permitted to vote and does not provide the required identification, the inspectors shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provided provide identification but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.
Note: Corrects spelling.
253,3
Section
3. 6.97 (4) of the statutes is amended to read:
6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvasers canvassers shall promptly reconvene and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with all additional ballots counted by each board of canvassers.
Note: Corrects spelling.
253,4
Section
4. 8.05 (3) (f) of the statutes is amended to read:
8.05 (3) (f) The ballot used for the referendum question shall be arranged under s. 5.60 (7) and shall ask: "Shall all candidates in the town of .... for elective town offices be nominated at a nonpartisan primary"??".
Note: Corrects punctuation. The change has been made in the printed volumes.
253,5
Section
5. Chapter 9 (title) of the statutes is amended to read:
CHAPTER 9
POST ELECTION POST-ELECTION
ACTIONS; DIRECT LEGISLATION
Note: Corrects spelling. The change has been made in the printed volumes.
253,6
Section
6. 13.48 (21) (b) of the statutes is amended to read:
13.48 (21) (b) If the state does not wish to exercise the option, and if the building is sold to any third
3rd party, such agreement shall provide that the state has the right to receive an amount equal to construction grant from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the college to the proceeds upon such sale.
Note: Makes spelling consistent with current style and the majority of statutes.
253,7
Section
7. 15.07 (2) (L) of the statutes is amended to read:
15.07 (2) (L) The governor shall serve as chairperson of the information technology management board and the the secretary of administration or his or her designee shall serve as secretary of that board.
Note: Deletes repeated word.
253,8
Section
8. 15.105 (23) (b) (intro.) of the statutes is amended to read:
15.105 (23) (b) (intro.) No member of the incorporation review board may review a petition referred to the board under s. 66.0203 (8) (b) if any of the following apply applies:
Note: Corrects grammar.
253,9
Section
9. 15.105 (28) of the statutes is amended to read:
15.105 (28) Information technology management board. There is created an information technology management board that is attached to the department of administration under s. 15.03. The board shall consist of the governor, the cochairpersons of the joint committee on information policy and technology or a member of the legislature from the same house as a cochairperson designated by that cochairperson, one member of the minority party in each house of the legislature, appointed in the same manner as members of standing committees are appointed, the secretary of administration, 2 heads of departments or independent agencies appointed to serve at the pleasure of the governor, 2 other members appointed to serve for 4-year terms, and the secretary of administration or his or her designee.
Note: 2003 Wis. Act 33 renumbered s. 15.215 (1) to s. 15.105 (28) and amended it by replacing "chief information officer" with "secretary of administration or his or her designee." The subsection already included the secretary of administration. "(O)r his or her designee" is retained consistent with the treatment of s. 15.07 (2) (L) by
2003 Wis. Act 33, which provides: "The governor shall serve as chairperson of the information technology management board and the secretary of administration or his or her designee shall serve as secretary of that board."
253,10
Section
10. 15.107 (9) of the statutes is repealed.
Note: By its terms, s. 15.107 (9) has no application after June 30, 2002.
253,11
Section
11. 16.007 (7) of the statutes is amended to read:
16.007 (7) Exception. This section shall not be construed as relieving any 3rd party 3rd-party liability or releasing any joint tort-feasor.
Note: Corrects spelling.
253,12
Section
12. 16.115 (3) (c) of the statutes is repealed.
Note: Section 16.115 (3) (intro.) and (c) provide: "The fees established under subs. (1) and (2) shall cover all of the following costs: (c) The actual and necessary expenses of the low-level radioactive waste advisory council created under s. 15.107 (9)." Section s. 15.107 (9) is repealed by this bill as by its terms it has no application after June 30, 2002. Accordingly, there are no actual and necessary expenses of the low-level radioactive waste advisory council after June 30, 2002.
253,13
Section
13. 16.135 of the statutes is repealed.
Note: By its terms, s. 16.135 has no application after June 30, 2002.
253,14
Section
14. 16.63 (4) (b) 4. of the statutes is amended to read:
16.63 (4) (b) 4. A security interest perfected under this paragraph is enforceable against the debtor, any assignee or grantee, and all third 3rd parties, including creditors under any lien obtained by judicial proceedings, subject only to the rights of any third 3rd parties holding security interests in the tobacco settlement revenues previously perfected under this paragraph. Unless the applicable security agreement provides otherwise, a perfected security interest in the tobacco settlement revenues is a continuously perfected security interest in all tobacco settlement revenues existing on the date of the agreement or arising after the date of the agreement. A security interest perfected under this paragraph has priority over any other lien created by operation of law or otherwise, which subsequently attaches to the tobacco settlement revenues.
Note: Makes spelling consistent with current style and the majority of statutes.
253,15
Section
15. 16.63 (4) (c) 3. of the statutes is amended to read:
16.63 (4) (c) 3. The sale, assignment, or transfer is perfected automatically as against third 3rd parties, including any third 3rd parties with liens created by operation of law or otherwise, upon attachment under ch. 409.
Note: Makes spelling consistent with current style and the majority of statutes.
253,16
Section
16. 19.36 (8) (a) 2. of the statutes is amended to read:
19.36 (8) (a) 2. "Law enforcement agency" has the the meaning given in s. 165.83 (1) (b), and includes the department of corrections.
Note: Deletes repeated word.
253,17
Section
17. 20.505 (1) (ge) of the statutes is amended to read:
20.505 (1) (ge) High-voltage transmission line annual impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 (2) (a) for distributions to to towns, villages and cities under s. 16.969 (3) (a).
Note: Deletes repeated word.
21.78 (4) If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun service in the U.S. armed forces, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files an election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body. Within 40 days after the termination of service in the U.S. armed forces, the elected or appointed official or employee, upon filing with the clerk of the governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.
Note: Inserts missing article.
253,19
Section
19. 21.80 (3) (d) (intro.) of the statutes is amended to read:
21.80 (3) (d) Exceptions. (intro.) An employer is not required to reemploy a person under this section if the employer shows that any of the following apply applies:
