LRB-0590/2
BJH:cjs:jf
2009 - 2010 LEGISLATURE
November 10, 2009 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
AB573,1,5
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 (Correction Bill).
Analysis by the Legislative Reference Bureau
This correction bill, prepared by the Legislative Reference Bureau under s.
13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body
of the bill. In accordance with current 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:
AB573,3,2
15.05
(1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
2to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any violation
3of subch. III of ch. 13 for which the offender is subject to a revocation. The board may
4compromise and settle any civil action or potential action brought or authorized to
5be brought by it which, in the opinion of the board, constitutes a minor violation, a
6violation caused by excusable neglect, or which for other good cause shown, should
7not in the public interest be prosecuted under such chapter. Notwithstanding s.
8778.06, a civil action or proposed civil action authorized under this paragraph may
9be settled for such sum as may be agreed between the parties. Any settlement made
10by the board shall be in such amount as to deprive the alleged violator of any benefit
11of his or her wrongdoing and may contain a penal component to serve as a deterrent
12to future violations. In settling civil actions or proposed civil actions, the board shall
13treat comparable situations in a comparable manner and shall assure that any
14settlement bears a reasonable relationship to the severity of the offense or alleged
15offense. Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081,
1619.535, and 19.59 (8), forfeiture and license revocation actions brought by the board
17shall be brought in the circuit court for the county where the defendant resides, or
18if the defendant is a nonresident of this state, in circuit court for the county wherein
19the violation is alleged to occur. For purposes of this paragraph, a person other than
20a natural person resides within a county if the person's principal place of operation
21is located within that county. Whenever the board enters into a settlement
22agreement with an individual who is accused of a civil violation of chs. 5 to 12, subch.
23III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a possible
24civil violation of one of those provisions, the board shall reduce the agreement to
25writing, together with a statement of the board's findings and reasons for entering
1into the agreement and shall retain the agreement and statement in its office for
2inspection.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 6.47 (1) (b) reads:
(b) "Offense relating to domestic abuse, sexual assault, or stalking" means an
offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013,
948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.
AB573, s. 3
5Section
3. 6.47 (8) (d) of the statutes is repealed.
Note: Section 6.47 (8) (d) provides that the municipal clerk shall provide access
to names and addresses on voter lists to clerks of circuit court for the purpose of creating
master jury lists under s. 756.04 (5) (a). Supreme Court Order 08-01 repealed s. 756.04
(5) (a) rendering s. 6.47 (8) (d) without effect.
AB573, s. 4
6Section
4. 6.97 (title) of the statutes is amended to read:
AB573,3,8
76.97 (title)
Voting procedure for individuals not providing required
8identification proof of residence
.
Note: Conforms title to text of section.
2005 Wis. Act 451 amended s. 6.97, stats.,
to substitute "proof of residence" for "identification."
AB573, s. 5
9Section
5. 7.37 (13) of the statutes is amended to read:
AB573,3,1610
7.37
(13) Closing of polls. For each polling place, the municipal clerk shall
11designate an official of the municipality who shall position himself or herself at the
12end of the line of individuals waiting to vote, if any
, at the time that the polls officially
13close. The official may be an inspector or special registration deputy appointed under
14s. 6.55 (6) who serves at that polling place, an employee of the municipal clerk or a
15police officer
,. Only individuals in line ahead of the official shall be permitted to vote
16under s. 6.78 (4).
Note: Corrects punctuation. The corrected text is printed in the 2007-08 Statutes.
AB573, s. 6
17Section
6. 10.62 (intro.) of the statutes is amended to read:
AB573,4,4
110.62 Elections Government accountability board; spring primary and
2election. (intro.) The following subsections set forth, in chronological order, dates
3relating to the spring primary and election or occurrences during the spring period
4that affect the
elections government accountability board:
Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability
board" throughout the statutes.
AB573, s. 7
5Section
7. 10.68 (2) (b) of the statutes is amended to read:
AB573,4,106
10.68
(2) (b)
Friday after 1st Tuesday in January. 4:30 p.m., on the Friday after
7the 1st Tuesday in January, or the following Monday if Tuesday is a holiday, is the
8deadline for candidates for state office or municipal judge to file statements of
9economic interests with the
ethics government accountability board unless the
10deadline for filing is extended. See s. 19.43 (4).
Note: 2007 Wis. Act 1 replaced "ethics board" with "government accountability
board" throughout the statutes.
AB573, s. 8
11Section
8. 10.72 (intro.) of the statutes is amended to read:
AB573,4,16
1210.72 Elections Government accountability board; September
13primary and general election. (intro.) The following subsections set forth, in
14chronological order, dates relating to the September primary and general election or
15occurrences during the fall period that affect the
elections government
16accountability board:
Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability
board" throughout the statutes.
AB573, s. 9
17Section
9. 10.72 (8) (a) 2. of the statutes is amended to read:
AB573,4,1918
10.72
(8) (a) 2. Following the canvass, the
elections government accountability 19board issues certificates of election. See s. 7.70 (5) (a).
Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability
board" throughout the statutes.
AB573, s. 10
20Section
10. 10.78 (2) (c) of the statutes is amended to read:
AB573,5,4
110.78
(2) (c)
Friday after 2nd Tuesday in July. 4:30 p.m., on the Friday after
2the 2nd Tuesday in July, is the deadline for candidates for state office to file
3statements of economic interests with the
ethics
government accountability board
4unless the deadline for filing is extended. See s. 19.43 (4).
Note: 2007 Wis. Act 1 replaced "ethics board" with "government accountability
board" throughout the statutes.
AB573, s. 11
5Section
11. 10.82 (1) (title) of the statutes is amended to read:
AB573,5,66
10.82
(1) (title)
Elections
Government accountability board.
Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability
board" throughout the statutes.
AB573, s. 12
7Section
12. 15.197 (12) (i) of the statutes is amended to read:
AB573,5,98
15.197
(12) (i) A representative of the
council on board for people with 9developmental disabilities.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
AB573, s. 13
10Section
13. 15.197 (24) (title) of the statutes is renumbered 15.207 (24) (title).
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2. The remainder of s. 15.197 (24) was renumbered to s. 15.207 (24) by
2007 Wis.
Act 20.
AB573,5,1413
16.527
(4) (h) 2. (intro.) Subd. 1. shall not apply if either of the
follow following 14occurs:
Note: Corrects spelling.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 16.75 (1m) reads:
(1m) The department shall award each order or contract for materials, supplies
or equipment on the basis of life cycle cost estimates, whenever such action is appropriate.
Each authority other than the University of Wisconsin Hospitals and Clinics Authority,
the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the
Health Insurance Risk-Sharing Plan Authority shall award each order or contract for
materials, supplies or equipment on the basis of life cycle cost estimates, whenever such
action is appropriate. The terms, conditions and evaluation criteria to be applied shall
be incorporated in the solicitation of bids or proposals. The life cycle cost formula may
include, but is not limited to, the applicable costs of energy efficiency, acquisition and
conversion, money, transportation, warehousing and distribution, training, operation
and maintenance and disposition or resale. The department shall prepare documents
containing technical guidance for the development and use of life cycle cost estimates, and
shall make the documents available to local governmental units.
AB573,6,43
16.848
(2) (gc) Subsection (1) does not apply to property that is subject to sale
4by the department of military affairs under s.
21.19 (3) or 21.42 (3) 321.03 (2) (b).
Note: Corrects cross-reference. Section 21.19 (3) (a) was renumbered s. 321.03 (2)
(b) by
2007 Wis. Act 200. The remainder of s. 21.19 (3) and s. 21.42 (3) were repealed by
2007 Wis. Act 200.
AB573,6,87
16.9645
(1) (b) "Dispatch center" has the meaning given for "public safety
8answering point" in s.
146.70 256.35 (1) (gm).
Note: Corrects cross-reference. Section 146.70 (1) (gm) was renumbered s. 256.35
(1) (gm) by
2007 Wis. Act 130.
AB573,6,1211
16.9645
(1) (d) "Public safety agency" has the meaning given in s.
146.70 256.35 12(1)
(gm) (g).
Note: Corrects cross-reference and transcription error. Section 146.70 (1) (g) was
renumbered s. 256.35 (1) (g) by
2007 Wis. Act 130. As the result of an error in transcribing
2007 Wis. Act 79, "s. 146.70 (1) (g)," as shown in Act 79, was printed as "s. 146.70 (1) (gm)"
in the 2007-08 Statutes.
AB573, s. 19
13Section
19. 18.06 (7) (title) of the statutes is created to read:
AB573,6,1414
18.06
(7) (title)
Special procedures.
Note: Reinserts title inadvertently deleted from the statutes by
2005 Wis. Act 22.
The title is printed in the 2007-08 Statutes.
AB573,7,43
18.06
(8) (ar) 2. (intro.)
Subd.
Subdivision 1. shall not apply if either of the
4follow following occurs:
Note: Corrects spelling and citation form.
AB573,7,87
18.55
(6) (e) 2. (intro.) Subdivision 1. shall not apply if either of the
follow 8following occurs:
Note: Corrects spelling.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 20.155 (3) (q) reads:
(q) General program operations and grants. From the wireless 911 fund, all
moneys received under s. 256.35 (3m) (f) 1. to administer and make grants under s. 256.35
(3m) (d) and supplemental grants under s. 256.35 (3m) (e). No moneys may be
encumbered or expended from this appropriation after April 1, 2009.