2009 WISCONSIN ACT 276
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 (Correction Bill) and the definition of a substantial wall for purposes of prohibiting smoking in enclosed places.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
15.145 (5) Council on offender reentry. (intro.) There is created a council on offender reentry which is attached to the department of corrections under s. 15.03, which shall have the duties, responsibilities, and powers set forth under s. 301.095. The council shall consist of 22 members, and the appointed members shall serve for 2-year terms and may be appointed for a maximum of 2 consecutive terms. The chairperson of the council shall be the secretary of corrections or the reentry director, as decided by the secretary of corrections. The chairperson may appoint subcommittees and the council shall meet no less frequently than 4 times per year at a date and location to be determined by the chairperson. Members of the council shall include the secretary of corrections, or his or her designee; the secretary of workforce development, or his or her designee; the secretary of health services, or his or her designee; the secretary of children and families, or his or her designee; the secretary of commerce, or his or her designee; the secretary of transportation, or his or her designee; the attorney general, or his or her designee; the chairperson of the parole commission, or his or her designee; the state superintendent of the department of public instruction; the reentry director as appointed by the secretary of corrections; a current or former judge, as appointed by the director of state courts; an individual who has been previously convicted of, and incarcerated for, a crime in Wisconsin, as appointed by the secretary of corrections; and the following persons, as appointed by the governor:
Note: Inserts missing text. Drafting records indicate the council is to meet 4 times per year. Corrects the title of the state superintendent of public instruction.
16.505 (1) (intro.) Except as provided in subs. (2), (2e), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:
Note: There is no s. 16.505 (2e).
276,3
Section
3. 16.52 (intro.) (except 16.52 (title)) of the statutes is repealed.
Note: The (intro.) provision is applicable to only 4 of the subsections in s. 16.52. Those subsections are amended by the next section of this bill to include the (intro.) language.
276,4
Section
4. 16.52 (1), (2), (3) and (12) of the statutes are amended to read:
16.52 (1) Keep separate accounts.
Keep The department shall keep in its office separate accounts of the revenues and funds of the state, and of all moneys and funds received or held by the state, and also of all encumbrances, expenditures, disbursements and investments thereof, showing the particulars of every encumbrance, expenditure, disbursement and investment.
(2) Revenue accounts. Place The department shall place revenue estimates on the books of accounts and credit actual receipts against them as of the last day of each quarter. Except as provided in s. 20.002 (2), any receipts applying to a prior fiscal year received between the day after the date for closing of books specified by the secretary under sub. (5) (a) and the next succeeding such date specified by the secretary shall be credited by the secretary to the fiscal year following the year to which the receipts apply. Except in the case of program revenue and continuing appropriations, any refund of a disbursement to a general purpose revenue appropriation, applicable to any prior fiscal year, received between these dates may not be credited to any appropriation but shall be considered as a nonappropriated receipt. General purpose revenue (GPR) earned, as defined in s. 20.001 (4) is not available for expenditure, whether or not applied to the fiscal year in which received.
(3) Keep appropriation accounts.
Keep The department shall keep separate accounts of all appropriations authorizing expenditures from the state treasury, which accounts shall show the amounts appropriated, the amounts allotted, the amounts encumbered, the amounts expended, the allotments unencumbered and the unallotted balance of each appropriation.
(12) Date for interfund transfers. Whenever it is provided by law for a transfer of moneys to be made from one fund to another fund and no date is specified for the transfer to be made, the department shall determine a date on which the transfer shall be made or provide for partial transfers to be made on different dates, and transfer the moneys in accordance with its determination.
Note: See the previous section of this bill.
16.52 (7) Petty cash account. 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. 52, 231, 233, 234, 237, or 279.
Note: Removes repeated title.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.143 (3) (j) reads:
(j)
Safety and building operations. The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.136 (6) (b), 101.177 (4) (a) 4., 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7), except moneys received under s. 101.9208 (2m), and all moneys transferred under
2005 Wisconsin Act 45, section
76 (6), shall be credited to this appropriation.
20.370 (2) (bh) Air management — state permit sources. The amounts in the schedule for purposes related to stationary sources of air contaminants for which an operation permit is required under s. 285.60 but not under the federal clean air act as specified in s. 285.69 (2m) (b) (bm). All moneys received from fees imposed under s. 285.69 (2m) shall be credited to this appropriation account.
Note: 2009 Wis. Act 28 numbered 2 provisions as s. 285.69 (2) (b). The provision related to "purposes related to stationary sources of air contaminants for which an operation permit is required under s. 285.60 but not under the federal clean air act" is renumbered to s. 285.69 (2) (bm) by this bill.
20.395 (5) (cg) Convenience fees, state funds. From the general fund, all moneys received from convenience fees authorized under s. 85.14 (1) (a) for the purpose of paying charges assessed against the department under s. 85.14 (1) (b) and charges associated with the acceptance of payment by credit card, debit card, and or other electronic payment mechanism.
Note: Corrects grammar.
20.435 (8) (i) Gifts and grants. All moneys received for from gifts, grants, bequests, and trust funds that are not appropriated under sub. (1), (2), (4), (5), (6), or (7), to be expended for the purposes for which received.
Note: Makes language consistent with all other s. 20.435 provisions relating to gifts and grants.
276,10
Section
10. 23.09 (20m) (b) of the statutes is amended to read:
23.09 (20m) (b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. Except as provided in s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.
Note: Inserts missing word.
276,11
Section
11. 24.14 (2) of the statutes is amended to read:
24.14 (2) Any person who has purchased from the United States or entered any subject lands prior to the execution of Unites United States patents to this state for the subject lands, may whenever those entries have been canceled by the United States on account of a conflict with the right and title of this state to the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale of the subject lands, upon making satisfactory proof to the board that the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered the subject lands as provided in this subsection, and upon paying to this state for the subject lands the same price at which the purchase or entries were made from the United States. Nothing contained in this chapter impairs the rights acquired by any person who has preempted any subject lands under the laws of this state.
Note: Corrects spelling.
276,12
Section
12. 29.559 (1) (c) of the statutes is amended to read:
29.559 (1) (c) Any person, including the department, who issues a wild turkey hunting tag under s. 29.164 (4) (b) or a sturgeon hook and line tag under s. 29.2285 (3) (b) shall collect, in addition to the statutory fee, and an issuing fee for each tag that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may retain 15 cents for each issuing fee of each tag to compensate for services in issuing the tag.
Note: Inserts correct word.
276,13
Section
13. 29.971 (11m) (b) of the statutes is amended to read:
29.971 (11m) (b) Except as provided under par. (a), for the violation of any provision of this chapter or any relating to bear hunting, to the activities specified in s. 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.
Note: 1997 Wis. Act 248 deleted "department rule promulgated under this chapter" following "or any" rendering "or any" surplusage.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 7 also created a provision numbered s. 30.26 (2) (a) 3.
276,15
Section
15. 30.26 (5) of the statutes, as created by
2009 Wisconsin Act 32, is renumbered 30.26 (5m), and 30.26 (5m) (a) 1., as renumbered, is amended to read:
30.26 (5m) (a) 1. The department may authorize the removal of natural obstructions from the portion of the river specified in sub. (2) (a) 3. 3m. a. if needed for the protection or growth of wild rice.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 7 also created a provision numbered s. 30.26 (5). Changes a cross-reference to reflect the fact that s. 30.26 (2) (a) 3. is renumbered to s. 30.26 (2) (a) 3m. by this bill.
36.60 (8) (g) 4. Strengthening coordination and maintenance of rural services and the delivery system.
Note: Inserts missing article.
36.61 (4) Loan repayment. (intro.) Principal and interest due on loans, exclusive of any penalties, may be repaid by the t board at the following rate:
38.24
(8) (b) Except as provided in par. (bg), the district board shall grant full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s.
38.27 36.27 (3p) and less the amount of any fees paid under
10 USC 2107 (c),
38 USC 3104 (a) (7) (A), or
38 USC 3313, to any student who is a veteran.
Note: Corrects cross-reference. There is no s. 38.27 (3p). Remission of fees by the Board of Regents is provided for under s. 36.27 (3p).
46.2898 (7) Department rule-making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1) (d)
(f), and establishing procedures for implementation of this section.
Note: Corrects cross-reference. There is no s. 46.2898 (1) (d). Section 46.2898 (1) (f) refers to the qualification criteria established in the rules promulgated under this provision.
46.71 (1) (intro.) From the appropriation account under s. 20.435 (5) (km), and the department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:
Note: 2009 Wis. Act 28 inserted "and" without scoring and deleted "the" without showing it as stricken. No change was intended.
276,21
Section
21. 49.153 (2) of the statutes is amended to read:
49.153 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) and that define "reasonable attempts" for the purpose of sub. (1) (b) (am) and "reasonable time" for the purpose of sub. (1) (c).
Note: Corrects cross-reference. Section 49.153 (1) (b) was renumbered to s. 49.153 (1) (am) by
2009 Wis. Act 28.
276,22
Section
22. 49.26 (1) (hr) of the statutes is amended to read:
49.26 (1) (hr) If an individual subject to the school attendance requirement under par. (ge) is enrolled in a public school, communications between the school district and the department, a county department under s. 46.215, 46.22, or 46.23 or a Wisconsin works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a) (b).
