2009 - 2010 LEGISLATURE
February 11, 2010 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
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 was prepared by the Legislative Reference Bureau under s.
13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. Specific changes are explained in
the Notes in the body of the bill.
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 9
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. 2
The council shall consist of 22 members, and the appointed members shall serve for 3
2-year terms and may be appointed for a maximum of 2 consecutive terms. The 4
chairperson of the council shall be the secretary of corrections or the reentry director, 5
as decided by the secretary of corrections. The chairperson may appoint 6
subcommittees and the council
shall meet no less frequently than 4 times per year 7
at a date and location to be determined by the chairperson. Members of the council 8
shall include the secretary of corrections, or his or her designee; the secretary of 9
workforce development, or his or her designee; the secretary of health services, or his 10
or her designee; the secretary of children and families, or his or her designee; the 11
secretary of commerce, or his or her designee; the secretary of transportation, or his 12
or her designee; the attorney general, or his or her designee; the chairperson of the 13
parole commission, or his or her designee; the state superintendent of the
public instruction; the reentry director as appointed by the secretary 15
of corrections; a current or former judge, as appointed by the director of state courts; 16
an individual who has been previously convicted of, and incarcerated for, a crime in 17
Wisconsin, as appointed by the secretary of corrections; and the following persons, 18
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.
(intro.) Except as provided in subs. (2),
(2m), (2n), and (2p), no 22
position, as defined in s. 230.03 (11), regardless of funding source or type, may be 23
created or abolished unless authorized by one of the following:
Note: There is no s. 16.505 (2e).
AB720, s. 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.)
AB720, s. 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 4
separate accounts of the revenues and funds of the state, and of all moneys and funds 5
received or held by the state, and also of all encumbrances, expenditures, 6
disbursements and investments thereof, showing the particulars of every 7
encumbrance, expenditure, disbursement and investment.
8(2) Revenue accounts. Place The department shall place
revenue estimates 9
on the books of accounts and credit actual receipts against them as of the last day of 10
each quarter. Except as provided in s. 20.002 (2), any receipts applying to a prior 11
fiscal year received between the day after the date for closing of books specified by 12
the secretary under sub. (5) (a) and the next succeeding such date specified by the 13
secretary shall be credited by the secretary to the fiscal year following the year to 14
which the receipts apply. Except in the case of program revenue and continuing 15
appropriations, any refund of a disbursement to a general purpose revenue 16
appropriation, applicable to any prior fiscal year, received between these dates may 17
not be credited to any appropriation but shall be considered as a nonappropriated 18
receipt. General purpose revenue (GPR) earned, as defined in s. 20.001 (4) is not 19
available for expenditure, whether or not applied to the fiscal year in which received.
20(3) Keep appropriation accounts.
Keep The department shall keep
accounts of all appropriations authorizing expenditures from the state treasury, 22
which accounts shall show the amounts appropriated, the amounts allotted, the
amounts encumbered, the amounts expended, the allotments unencumbered and 2
the unallotted balance of each appropriation.
3(12) Date for interfund transfers.
Whenever it is provided by law for a 4
transfer of moneys to be made from one fund to another fund and no date is specified 5
for the transfer to be made, the department shall
determine a date on which the 6
transfer shall be made or provide for partial transfers to be made on different dates, 7
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 11
secretary, each agency that is authorized to maintain a contingent fund under s. 12
20.920 may establish a petty cash account from its contingent fund. The procedure 13
for operation and maintenance of petty cash accounts and the character of 14
expenditures therefrom shall be prescribed by the secretary. In this subsection, 15
"agency" means an office, department, independent agency, institution of higher 16
education, association, society, or other body in state government created or 17
authorized to be created by the constitution or any law, that is entitled to expend 18
moneys appropriated by law, including the legislature and the courts, but not 19
including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 20
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.
(bh) Air management — state permit sources.
The amounts in the 4
schedule for purposes related to stationary sources of air contaminants for which an 5
operation permit is required under s. 285.60 but not under the federal clean air act 6
as specified in s. 285.69 (2m) (b) (bm)
. All moneys received from fees imposed under 7
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.
(cg) Convenience fees, state funds.
From the general fund, all moneys 11
received from convenience fees authorized under s. 85.14 (1) (a) for the purpose of 12
paying charges assessed against the department under s. 85.14 (1) (b) and charges 13
associated with the acceptance of payment by credit card, debit card,
electronic payment mechanism.
Note: Corrects grammar.
(i) Gifts and grants.
All moneys received for from
gifts, grants, 2
bequests, and trust funds that are not appropriated under sub. (1), (2), (4), (5), (6), 3
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.
AB720, s. 10
23.09 (20m) (b) of the statutes is amended to read:
(b) The department shall establish a program to award grants 6
from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit 7
conservation organizations to acquire development rights in land for nature-based 8
outdoor recreation. Except as provided in
s. 23.096 (2m), the grants shall be limited 9
to no more than 50% of the acquisition costs of the development rights.
Note: Inserts missing word.
AB720, s. 11
24.14 (2) of the statutes is amended to read:
Any person who has purchased from the United States or entered any 12
subject lands prior to the execution of Unites United
States patents to this state for 13
the subject lands, may whenever those entries have been canceled by the United 14
States on account of a conflict with the right and title of this state to the subject lands, 15
purchase the subject lands from this state, prior to the date fixed for the public sale 16
of the subject lands, upon making satisfactory proof to the board that the person is 17
the identical person, or the heir, legal representative, or assign of the person, who 18
purchased or entered the subject lands as provided in this subsection, and upon 19
paying to this state for the subject lands the same price at which the purchase or 20
entries were made from the United States. Nothing contained in this chapter 21
impairs the rights acquired by any person who has preempted any subject lands 22
under the laws of this state.
Note: Corrects spelling.
AB720, s. 12
29.559 (1) (c) of the statutes is amended to read:
(c) Any person, including the department, who issues a wild turkey 3
hunting tag under s. 29.164 (4) (b) or a sturgeon hook and line tag under s. 29.2285 4
(3) (b) shall collect, in addition to the statutory fee, and an
issuing fee for each tag 5
that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may 6
retain 15 cents for each issuing fee of each tag to compensate for services in issuing 7
Note: Inserts correct word.
AB720, s. 13
29.971 (11m) (b) of the statutes is amended to read:
(b) Except as provided under par. (a), for the violation of any 10
provision of this chapter or any
relating to bear hunting, to the activities specified 11
in s. 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration 12
of a bear, by a forfeiture of not more than $1,000.