LRB-3744/1
BJH:cjs:jf
2009 - 2010 LEGISLATURE
February 11, 2010 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
AB720,1,5
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 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:
AB720,2,188
15.145
(5) Council on offender reentry. (intro.) There is created a council on
9offender reentry which is attached to the department of corrections under s. 15.03,
1which shall have the duties, responsibilities, and powers set forth under s. 301.095.
2The council shall consist of 22 members, and the appointed members shall serve for
32-year terms and may be appointed for a maximum of 2 consecutive terms. The
4chairperson of the council shall be the secretary of corrections or the reentry director,
5as decided by the secretary of corrections. The chairperson may appoint
6subcommittees and
the council shall meet no less frequently than 4 times per year
7at a date and location to be determined by the chairperson. Members of the council
8shall include the secretary of corrections, or his or her designee; the secretary of
9workforce development, or his or her designee; the secretary of health services, or his
10or her designee; the secretary of children and families, or his or her designee; the
11secretary of commerce, or his or her designee; the secretary of transportation, or his
12or her designee; the attorney general, or his or her designee; the chairperson of the
13parole commission, or his or her designee; the state superintendent of
the
14department of public instruction; the reentry director as appointed by the secretary
15of corrections; a current or former judge, as appointed by the director of state courts;
16an individual who has been previously convicted of, and incarcerated for, a crime in
17Wisconsin, as appointed by the secretary of corrections; and the following persons,
18as 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.
AB720,2,2321
16.505
(1) (intro.) Except as provided in subs. (2),
(2e), (2m), (2n), and (2p), no
22position, as defined in s. 230.03 (11), regardless of funding source or type, may be
23created or abolished unless authorized by one of the following:
Note: There is no s. 16.505 (2e).
AB720, s. 3
1Section
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.
AB720, s. 4
2Section
4. 16.52 (1), (2), (3) and (12) of the statutes are amended to read:
AB720,3,73
16.52
(1) Keep separate accounts.
Keep The department shall keep in its office
4separate accounts of the revenues and funds of the state, and of all moneys and funds
5received or held by the state, and also of all encumbrances, expenditures,
6disbursements and investments thereof, showing the particulars of every
7encumbrance, expenditure, disbursement and investment.
AB720,3,19
8(2) Revenue accounts. Place The department shall place revenue estimates
9on the books of accounts and credit actual receipts against them as of the last day of
10each quarter. Except as provided in s. 20.002 (2), any receipts applying to a prior
11fiscal year received between the day after the date for closing of books specified by
12the secretary under sub. (5) (a) and the next succeeding such date specified by the
13secretary shall be credited by the secretary to the fiscal year following the year to
14which the receipts apply. Except in the case of program revenue and continuing
15appropriations, any refund of a disbursement to a general purpose revenue
16appropriation, applicable to any prior fiscal year, received between these dates may
17not be credited to any appropriation but shall be considered as a nonappropriated
18receipt. General purpose revenue (GPR) earned, as defined in s. 20.001 (4) is not
19available for expenditure, whether or not applied to the fiscal year in which received.
AB720,4,2
20(3) Keep appropriation accounts.
Keep The department shall keep separate
21accounts of all appropriations authorizing expenditures from the state treasury,
22which accounts shall show the amounts appropriated, the amounts allotted, the
1amounts encumbered, the amounts expended, the allotments unencumbered and
2the unallotted balance of each appropriation.
AB720,4,7
3(12) Date for interfund transfers. Whenever it is provided by law for a
4transfer of moneys to be made from one fund to another fund and no date is specified
5for the transfer to be made,
the department shall determine a date on which the
6transfer shall be made or provide for partial transfers to be made on different dates,
7and transfer the moneys in accordance with its determination.
Note: See the previous section of this bill.
AB720,4,2010
16.52
(7) Petty cash account. Petty cash account. With the approval of the
11secretary, each agency that is authorized to maintain a contingent fund under s.
1220.920 may establish a petty cash account from its contingent fund. The procedure
13for operation and maintenance of petty cash accounts and the character of
14expenditures therefrom shall be prescribed by the secretary. In this subsection,
15"agency" means an office, department, independent agency, institution of higher
16education, association, society, or other body in state government created or
17authorized to be created by the constitution or any law, that is entitled to expend
18moneys appropriated by law, including the legislature and the courts, but not
19including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
2052, 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.
AB720,5,73
20.370
(2) (bh)
Air management — state permit sources. The amounts in the
4schedule for purposes related to stationary sources of air contaminants for which an
5operation permit is required under s. 285.60 but not under the federal clean air act
6as specified in s. 285.69 (2m)
(b) (bm). All moneys received from fees imposed under
7s. 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.
AB720,5,1410
20.395
(5) (cg)
Convenience fees, state funds. From the general fund, all moneys
11received from convenience fees authorized under s. 85.14 (1) (a) for the purpose of
12paying charges assessed against the department under s. 85.14 (1) (b) and charges
13associated with the acceptance of payment by credit card, debit card,
and or other
14electronic payment mechanism.
Note: Corrects grammar.
AB720,6,3
120.435
(8) (i)
Gifts and grants. All moneys received
for from gifts, grants,
2bequests, and trust funds that are not appropriated under sub. (1), (2), (4), (5), (6),
3or (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
4Section
10. 23.09 (20m) (b) of the statutes is amended to read:
AB720,6,95
23.09
(20m) (b) The department shall establish a program to award grants
6from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit
7conservation organizations to acquire development rights in land for nature-based
8outdoor recreation. Except as provided
in s. 23.096 (2m), the grants shall be limited
9to no more than 50% of the acquisition costs of the development rights.
Note: Inserts missing word.
AB720, s. 11
10Section
11. 24.14 (2) of the statutes is amended to read:
AB720,6,2211
24.14
(2) Any person who has purchased from the United States or entered any
12subject lands prior to the execution of
Unites United States patents to this state for
13the subject lands, may whenever those entries have been canceled by the United
14States on account of a conflict with the right and title of this state to the subject lands,
15purchase the subject lands from this state, prior to the date fixed for the public sale
16of the subject lands, upon making satisfactory proof to the board that the person is
17the identical person, or the heir, legal representative, or assign of the person, who
18purchased or entered the subject lands as provided in this subsection, and upon
19paying to this state for the subject lands the same price at which the purchase or
20entries were made from the United States. Nothing contained in this chapter
21impairs the rights acquired by any person who has preempted any subject lands
22under the laws of this state.
Note: Corrects spelling.
AB720, s. 12
1Section
12. 29.559 (1) (c) of the statutes is amended to read:
AB720,7,72
29.559
(1) (c) Any person, including the department, who issues a wild turkey
3hunting 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
5that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may
6retain 15 cents for each issuing fee of each tag to compensate for services in issuing
7the tag.
Note: Inserts correct word.
AB720, s. 13
8Section
13. 29.971 (11m) (b) of the statutes is amended to read:
AB720,7,129
29.971
(11m) (b) Except as provided under par. (a), for the violation of any
10provision of this chapter
or any relating to bear hunting, to the activities specified
11in s. 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration
12of 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.
AB720, s. 15
15Section
15. 30.26 (5) of the statutes, as created by
2009 Wisconsin Act 32, is
16renumbered 30.26 (5m), and 30.26 (5m) (a) 1., as renumbered, is amended to read:
AB720,7,1917
30.26
(5m) (a) 1. The department may authorize the removal of natural
18obstructions from the portion of the river specified in sub. (2) (a)
3. 3m. a. if needed
19for 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.
AB720,8,43
36.60
(8) (g) 4. Strengthening coordination and maintenance of rural services
4and
the delivery system.
Note: Inserts missing article.
AB720,8,87
36.61
(4) Loan repayment. (intro.) Principal and interest due on loans,
8exclusive of any penalties, may be repaid by the
t board at the following rate:
AB720,8,1711
38.24
(8) (b) Except as provided in par. (bg), the district board shall grant full
12remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters,
13whichever is longer, less the number of credits or semesters for which the person
14received remission of fees from any other district board under this subsection and
15from the Board of Regents under s.
38.27 36.27 (3p) and less the amount of any fees
16paid under
10 USC 2107 (c),
38 USC 3104 (a) (7) (A), or
38 USC 3313, to any student
17who 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).
AB720,9,220
46.2898
(7) Department rule-making. The department may promulgate rules
21defining terms, specifying which services constitute home care, establishing the
1qualification criteria that apply under sub. (1)
(d) (f), and establishing procedures for
2implementation 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.
AB720,9,115
46.71
(1) (intro.) From the appropriation account under s. 20.435 (5) (km),
and 6the department shall, for the development of new drug abuse prevention, treatment
7and education programs that are culturally specific with respect to American
8Indians or to supplement like existing programs, allocate a total of not more than
9$500,000 in each fiscal year to all the elected governing bodies of federally recognized
10American Indian tribes or bands that submit to the department plans, approved by
11the 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.
AB720, s. 21
12Section
21. 49.153 (2) of the statutes is amended to read: