2007 - 2008 LEGISLATURE
November 2, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Ethics Reform and Government Operations.
SB301,1,5
1An Act relating to: repealing, consolidating, renumbering, amending, and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting and clarifying references, eliminating defects,
4anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling
5conflicts, 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. "Which" is
replaced by "that" where grammatically correct. This bill is not intended to make any
substantive changes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Note: There is no conflict of substance. As merged by the revisor s. 6.03 (1) (a)
reads:
(a) Any person who is incapable of understanding the objective of the elective
process or who is under guardianship, unless the court has determined that the person
is competent to exercise the right to vote.
Note: There is no conflict of substance. As merged by the revisor, s. 13.172 (1)
reads:
(1) In this section, "agency" means an office, department, agency, institution of
higher education, association, society, or other body in state government created or
authorized to be created by the constitution or any law, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, and any authority created
in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234.
Note: There is no conflict of substance. As merged by the revisor, s. 13.62 (2) reads:
(2) "Agency" means any board, commission, department, office, society, institution
of higher education, council, or committee in the state government, or any authority
created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237,
except that the term does not include a council or committee of the legislature.
Note: There is no conflict of substance. As merged by the revisor, s. 13.95 (intro.)
reads:
13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known
as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly
nonpartisan and shall at all times observe the confidential nature of the research
requests received by it; however, with the prior approval of the requester in each instance,
the bureau may duplicate the results of its research for distribution. Subject to s. 230.35
(4) (a) and (f), the director or the director's designated employees shall at all times, with
or without notice, have access to all state agencies, the University of Wisconsin Hospitals
and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan Authority, and the Fox River Navigational System Authority, and to
any books, records, or other documents maintained by such agencies or authorities and
relating to their expenditures, revenues, operations, and structure.
Note: There is no conflict of substance. As merged by the revisor, s. 15.07 (1) (cm)
reads:
(cm) The term of one member of the ethics board shall expire on each May 1. The
terms of 3 members of the development finance board appointed under s. 15.155 (1) (a)
6. shall expire on May 1 of every even-numbered year and the terms of the other 3
members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every
odd-numbered year. The terms of the 3 members of the land and water conservation
board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the
member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m.
shall expire on May 1 of an even-numbered year. The terms of members of the real estate
board shall expire on July 1. The terms of the appraiser members of the real estate
appraisers board and the terms of the auctioneer and auction company representative
members of the auctioneer board shall expire on May 1 in an even-numbered year. The
terms of the members of the cemetery board shall expire on July 1 in an even-numbered
year. The term of the student member of the Board of Regents of the University of
Wisconsin System who is at least 24 years old shall expire on May 1 of every
even-numbered year.
Note: There is no conflict of substance. As merged by the revisor, s. 16.002 (2)
reads:
(2) "Departments" means constitutional offices, departments, and independent
agencies and includes all societies, associations, and other agencies of state government
for which appropriations are made by law, but not including authorities created in subch.
II of ch. 114 or subch. III of ch. 149 and in chs. 231, 232, 233, 234, 235, and 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.004 (4)
reads:
(4) Freedom of access. The secretary and such employees of the department as
the secretary designates may enter into the offices of state agencies and authorities
created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234,
and 237, and may examine their books and accounts and any other matter that in the
secretary's judgment should be examined and may interrogate the agency's employees
publicly or privately relative thereto.0
Note: There is no conflict of substance. As merged by the revisor, s. 16.004 (5)
reads:
(5) Agencies and employees to cooperate. All state agencies and authorities
created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234,
and 237, and their officers and employees, shall cooperate with the secretary and shall
comply with every request of the secretary relating to his or her functions.
Note: There is no conflict of substance. As merged by the revisor, s. 16.004 (12)
(a) reads:
(a) In this subsection, "state agency" means an association, authority, board,
department, commission, independent agency, institution, office, society, or other body in
state government created or authorized to be created by the constitution or any law,
including the legislature, the office of the governor, and the courts, but excluding the
University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River
Navigational System Authority.
Note: There is no conflict of substance. As merged by the revisor, s. 16.045 (1) (a)
reads:
(a) "Agency" means an office, department, independent agency, institution of
higher education, association, society, or other body in state government created or
authorized to be created by the constitution or any law, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, but not including an
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234,
235, or 237.
SB301, s. 11
3Section
11. 16.22 (2) (k) of the statutes is amended to read:
SB301,4,74
16.22
(2) (k) Coordinate its activities with the activities of the corporation
, the
5federal ACTION agency established under 42 USC 5041 and any state agency that
6administers federal financial assistance under
42 USC 9901 to
9912 or any other
7federal financial assistance program with which coordination would be appropriate.
Note: Section
42 USC 5041 was repealed by P.L.
103-82, which provided that the
functions of the ACTION agency be transferred to the corporation.
SB301,4,1510
16.25
(5) The board shall establish by rule a process by which a volunteer fire
11fighter, first
provider responder, or emergency medical technician may appeal to the
12board any decision made by the department or by an individual or organization
13under contract with the board under sub. (4) that affects a substantial interest of the
14volunteer fire fighter, first responder, or emergency medical technician under the
15program.
Note: Inserts correct terminology.
Note: There is no conflict of substance. As merged by the revisor, s. 16.41 (4) reads:
(4) In this section, "authority" means a body created under subch. II of ch. 114 or
subch. III of ch. 149 or under ch. 231, 233, 234, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.52 (7) reads:
(7) Petty cash account. With the approval of the secretary, each agency that is
authorized to maintain a contingent fund under s. 20.920 may establish a petty cash
account from its contingent fund. The procedure for operation and maintenance of petty
cash accounts and the character of expenditures therefrom shall be prescribed by the
secretary. In this subsection, "agency" means an office, department, independent agency,
institution of higher education, association, society, or other body in state government
created or authorized to be created by the constitution or any law, that is entitled to
expend moneys appropriated by law, including the legislature and the courts, but not
including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231,
233, 234, or 237.
SB301, s. 15
5Section
15. 16.526 (2) of the statutes is amended to read:
SB301,5,146
16.526
(2) The net proceeds of revenue obligations issued under subch. II of ch.
718, as authorized under this section, shall be deposited in a fund in the state treasury,
8or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall
9be applied for ancillary payments and for the provision of reserves, as determined
10by the building commission, and for the payment of part or all of the state's unfunded
11prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under
12s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the
13department, and any remainder shall be paid into a retirement liability obligation
14redemption fund created under
s. 18.562 (3).
Note: Inserts missing "s." The change is in the printed statutes.
Note: There is no conflict of substance. As merged by the revisor, s. 16.528 (1) (a)
reads:
(a) "Agency" means an office, department, independent agency, institution of
higher education, association, society, or other body in state government created or
authorized to be created by the constitution or any law, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, but not including an
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or
237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.53 (2) reads:
(2) Improper invoices. If an agency receives an improperly completed invoice, the
agency shall notify the sender of the invoice within 10 working days after it receives the
invoice of the reason it is improperly completed. In this subsection, "agency" means an
office, department, independent agency, institution of higher education, association,
society, or other body in state government created or authorized to be created by the
constitution or any law, that is entitled to expend moneys appropriated by law, including
the legislature and the courts, but not including an authority created in subch. II of ch.
114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.54 (9) (a)
1. reads:
1. "Agency" means an office, department, independent agency, institution of higher
education, association, society or other body in state government created or authorized
to be created by the constitution or any law, which is entitled to expend moneys
appropriated by law, including the legislature and the courts, but not including an
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or
237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.70 (2) reads:
(2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch.
149 or under ch. 231, 232, 233, 234, 235, or 237.
SB301,7,119
16.75
(1m) The department shall award each order or contract for materials,
10supplies or equipment on the basis of life cycle cost estimates, whenever such action
1is appropriate. Each authority other than the University of Wisconsin Hospitals and
2Clinics Authority
and, the Wisconsin Aerospace Authority
, and the Health Insurance
3Risk-Sharing Plan Authority shall award each order or contract for materials,
4supplies or equipment on the basis of life cycle cost estimates, whenever such action
5is appropriate. The terms, conditions and evaluation criteria to be applied shall be
6incorporated in the solicitation of bids or proposals. The life cycle cost formula may
7include, but is not limited to, the applicable costs of energy efficiency, acquisition and
8conversion, money, transportation, warehousing and distribution, training,
9operation and maintenance
, and disposition or resale. The department shall prepare
10documents containing technical guidance for the development and use of life cycle
11cost estimates, and shall make the documents available to local governmental units.
Note: Corrects punctuation.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (1)
reads:
(1) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center
Sports and Entertainment Corporation shall include in all contracts executed by them
a provision obligating the contractor not to discriminate against any employee or
applicant for employment because of age, race, religion, color, handicap, sex, physical
condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
defined in s. 111.32 (13m), or national origin and, except with respect to sexual
orientation, obligating the contractor to take affirmative action to ensure equal
employment opportunities.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (2)
reads:
(2) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center
Sports and Entertainment Corporation shall include the following provision in every
contract executed by them: "In connection with the performance of work under this
contract, the contractor agrees not to discriminate against any employee or applicant for
employment because of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01 (5), sexual orientation or national origin.
This provision shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. Except with respect to sexual orientation, the contractor further agrees
to take affirmative action to ensure equal employment opportunities. The contractor
agrees to post in conspicuous places, available for employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of the nondiscrimination clause".
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (4)
reads:
(4) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center
Sports and Entertainment Corporation shall take appropriate action to revise the
standard government contract forms under this section.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (5)
reads:
(5) The head of each contracting agency and the boards of directors of the
University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
System Authority, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment
Corporation shall be primarily responsible for obtaining compliance by any contractor
with the nondiscrimination and affirmative action provisions prescribed by this section,
according to procedures recommended by the department. The department shall make
recommendations to the contracting agencies and the boards of directors of the
University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
System Authority, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan Authority, and the Bradley Center Sports and Entertainment
Corporation for improving and making more effective the nondiscrimination and
affirmative action provisions of contracts. The department shall promulgate such rules
as may be necessary for the performance of its functions under this section.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (6)
reads: