LRB-0189/3
BJH:cjs:ph
2011 - 2012 LEGISLATURE
November 8, 2011 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary, Utilities, Commerce, and Government Operations.
SB287,1,2 1An Act relating to: affecting various provisions of the statutes to correct errors
2and reconcile conflicts (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:
SB287, s. 1 3Section 1. 2.01 (19) of the statutes is amended to read:
SB287,1,94 2.01 (19) Florence: Commencing at the southwest corner of township 38, of
5range 15 east of the meridian aforesaid; thence east along the township line to the
6southeast corner of township 38, of range 19 east; thence north on the range line to
7the northern boundary of this state, in the Menomonee Menominee River; thence
8northwesterly along said boundary line to the range line between ranges 14 and 15
9east, in the Brule River; thence southerly on said range line to the place of beginning.

Note: Corrects spelling. The Menominee River is located in northeast Wisconsin,
including Florence County. The Menomonee River is located in southeast Wisconsin.
SB287, s. 2 1Section 2. 10.80 (5) (dm) of the statutes is amended to read:
SB287,2,42 10.80 (5) (dm) 9 days before election. 9 days before a presidential election is the
3earliest that new residents may apply to vote for president and vice president at the
4office of the municipal clerk. See s. 6.15 (3) (2) (a).
Note: There is no s. 6.15 (3) (a). Requests for applications to vote in presidential
elections are governed by s. 6.15 (2) (a).
SB287, s. 3 5Section 3. 10.80 (6) (a) 2. of the statutes is amended to read:
SB287,2,86 10.80 (6) (a) 2. 5 p.m. on the day before the general election in presidential
7election years is the latest that new residents may apply to vote for president and vice
8president at the office of the municipal clerk. See s. 6.15 (3) (2) (a).
Note: There is no s. 6.15 (3) (a). Requests for applications to vote in presidential
elections are governed by s. 6.15 (2) (a).
SB287, s. 4 9Section 4. 13.41 (1) (a) (intro.) and (2) (a) (intro.) of the statutes, as affected
10by 2009 Wisconsin Act 363, section 2r, are amended to read:
SB287,2,1411 13.41 (1) (a) (intro.) If there are 9 or more vacancies in the senate at the same
12time, as determined under s. 17.03, the senate leader of each political party, as
13specified in pars. (b) and (c),
shall, for each vacant senate seat that was last held by
14a member of his or her party, do all of the following:
SB287,2,18 15(2) (a) (intro.) If there are 25 or more vacancies in the assembly at the same
16time, as determined under s. 17.03, the assembly leader of each political party, as
17specified in pars. (b) and (c),
shall, for each vacant assembly seat that was last held
18by a member of his or her party, do all of the following:
Note: The underscored text was deleted by 2009 Wis. Act 363 without being shown
as stricken. No change was intended.
SB287, s. 5 19Section 5 . 20.505 (1) (is) of the statutes, as affected by 2009 Wisconsin Acts
2028
and 302, is amended to read:
SB287,3,7
120.505 (1) (is) Information technology and communications services; nonstate
2entities.
From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3),
3and 16.997 (2) (d) and (2g) (a) 3., to provide computer, telecommunications, electronic
4communications, and supercomputer services, but not integrated business
5information system services under s. 16.971 (2) (cf),
to state authorities, units of the
6federal government, local governmental units, tribal schools, and entities in the
7private sector, the amounts in the schedule.
Note: The phrase ", but not integrated business information system services under
s. 16.971 (2) (cf)," was deleted by 2009 Wisconsin Act 302 without being stricken. No
change was intended.
SB287, s. 6 8Section 6. 27.065 (12) (a) of the statutes is amended to read:
SB287,4,109 27.065 (12) (a) If in any action at law for the recovery of damages arising from
10a failure to make a proper assessment of benefits and damages, or failure to observe
11any provisions of law, or because of any act or defect in any proceeding in which
12benefits and damages are assessed, and in any action to set aside any special
13assessment against property for any purpose, or to set aside any special assessment
14certificate, special improvement bond or tax certificate based upon such special
15assessment, the court determines that such assessment is invalid by reason of a
16defective assessment of benefits and damages, or for any cause, it shall stay all
17proceedings in such action until a new assessment thereof is made as provided
18hereinafter; thereupon the proper county authorities shall proceed forthwith to
19make a new assessment of benefits and damages against the property of the plaintiff
20as required by law in the case of the original assessment, and the plaintiff shall have
21the same right to appeal from the new assessment as the plaintiff or the plaintiff's
22grantors would have had from the original assessment. If the validity of the new
23assessment is contested by the plaintiff, the court shall summarily try the matter and

1file an order sustaining or overruling the objection of the plaintiff. If the new
2assessments are held invalid, subsequent assessments may be made in like manner
3and similar proceedings resorted to, to determine the validity of such assessments.
4When the amount to be assessed against the plaintiff's property is finally determined
5by an assessment of benefits and damages, which the court holds to be valid, or when
6an appeal is taken, the court shall make an order, requiring the plaintiff to pay into
7the court for the benefit of the parties entitled thereto, the amount which should be
8justly assessed against the property in question; upon compliance with said order,
9judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply
10with such order the action shall be dismissed with costs.
Note: Inserts comma between identical words for clarity.
SB287, s. 7 11Section 7. 29.228 (2) (b) of the statutes, as created by 2009 Wisconsin Act 364,
12is amended to read:
SB287,4,1613 29.228 (2) (b) A nonresident annual fishing license issued to any nonresident
14who holds a one-day fishing license under sub. (4m) that is valid during the same
15year for which the resident nonresident applies for a resident nonresident annual
16fishing license shall be issued at the reduced fee under s. 29.563 (3r).
Note: Licenses issued under s. 29.228 (4m) are issued to nonresidents.
SB287, s. 8 17Section 8. The treatment of 39.41 (1m) (a) (intro.) of the statutes by 2009
18Wisconsin Act 302
is not repealed by 2009 Wisconsin Act 306. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (a) (intro.) reads:
(a) Subject to par. (d), by February 25 of each school year, the school board of each
school district operating one or more high schools and the governing body of each private
high school and of each tribal high school shall:
SB287, s. 9 19Section 9. The treatment of 39.41 (1m) (b) of the statutes by 2009 Wisconsin
20Act 302
is not repealed by 2009 Wisconsin Act 306. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (b) reads:
(b) Subject to par. (e), by February 25 of each school year, the school board of each
school district operating one or more high schools and the governing body of each private
high school and of each tribal high school may, for each high school with an enrollment
of less than 80 pupils, nominate the senior with the highest grade point average in all
subjects who may be designated as a scholar by the executive secretary under par. (c) 3.
SB287, s. 10 1Section 10. The treatment of 39.41 (1m) (e) of the statutes by 2009 Wisconsin
2Act 302
is not repealed by 2009 Wisconsin Act 306. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (e) reads:
(e) If 2 or more seniors from the same high school of less than 80 pupils have the
same grade point average and, except for the limitation of one nominated senior, are
otherwise eligible for nomination under par. (b), the faculty of the high school shall select
the senior who may be nominated by the school board of the school district operating the
public high school or the governing body of the private or tribal high school for designation
under par. (b) as a scholar by the executive secretary. If that senior is designated as a
scholar by the executive secretary, but does not qualify for a higher education scholarship
under sub. (2) (a) or (3) (a), the faculty of the high school shall select, in order of priority,
one or more of the remaining seniors with the same grade point average for certification
as a scholar or, if there is no remaining senior with the same grade point average, one or
more of the remaining seniors with the next highest grade point average, but not less than
3.800 or the equivalent, for certification as a scholar, and the school board of the school
district operating the high school or the governing body of the private or tribal high school
shall certify to the board one or more of these seniors as eligible for a higher education
scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded
by the board.
SB287, s. 11 3Section 11. The treatments of 40.51 (8) of the statutes by 2009 Wisconsin Acts
414
, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments
5stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 40.51 (8) reads:
(8) Every health care coverage plan offered by the state under sub. (6) shall comply
with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747,
632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (6), 632.885,
632.89, 632.895 (5m) and (8) to (17), and 632.896.
SB287, s. 12 6Section 12. The treatments of 40.51 (8m) of the statutes by 2009 Wisconsin
7Acts 14
, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments
8stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 40.51 (8m) reads:

(8m) Every health care coverage plan offered by the group insurance board under
sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748,
632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.885, 632.89, and 632.895 (11) to
(17).
SB287, s. 13 1Section 13. The treatment of 45.20 (2) (d) 1. (intro.) of the statutes by 2009
2Wisconsin Act 297
is not repealed by 2009 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 45.20 (2) (d) 1. (intro.) reads:
1. Subject to subd. 1m., a veteran's eligibility for reimbursement under this
subsection at any institution of higher education in this state, at a school that is approved
under s. 45.03 (11), at a proprietary school that is approved under s. 38.50, at a public or
private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any
grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident
tuition under s. 39.47 is limited to the following:
SB287, s. 14 3Section 14. 45.34 (2) (b) 2. of the statutes is amended to read:
SB287,6,84 45.34 (2) (b) 2. Unless other acceleration provisions are permitted under s.
545.36 (2), the loan made under this subchapter will be repaid in full upon sale of the
6residence or any of the person's interest in it. A divorce judgment divesting the
7person's interest in the residence or a quit claim quitclaim deed executed under the
8judgment does not constitute a sale.
Note: Makes spelling consistent with the remainder of the statutes.
SB287, s. 15 9Section 15. The treatment of 46.10 (14) (a) of the statutes by 2009 Wisconsin
10Act 28
is not repealed by 2009 Wisconsin Act 218. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 46.10 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2)
or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at
community mental health centers, a county mental health complex under s. 51.08, the
centers for the developmentally disabled, the Mendota Mental Health Institute, and the
Winnebago Mental Health Institute or care and maintenance of persons under 18 years
of age in residential, nonmedical facilities such as group homes, foster homes, subsidized
guardianship homes, residential care centers for children and youth, and juvenile
correctional institutions is determined in accordance with the cost-based fee established
under s. 46.03 (18). The department shall bill the liable person up to any amount of
liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits,
subject to rules that include formulas governing ability to pay promulgated by the
department under s. 46.03 (18). Any liability of the patient not payable by any other
person terminates when the patient reaches age 18, unless the liable person has
prevented payment by any act or omission.
SB287, s. 16
1Section 16. 46.56 (15) (b) 4. of the statutes, as affected by 2009 Wisconsin Acts
228
and 334, is repealed and recreated to read:
SB287,7,63 46.56 (15) (b) 4. Submit a description of the existing services and other
4resources in the county or tribe for children who are involved in 2 or more systems
5of care, an assessment of any gaps in services, and a plan for using the funds received
6under this subsection or funds from other sources to develop or expand the initiative.
Note: 2009 Wis. Act 28 amended s. 46.56 (15) (b) 4. effective the date stated in the
notice provided by the secretary of children and families and published in the Wisconsin
Administrative Register under s. 48.62 (9). 2009 Wis. Act 334 amended s. 46.56 (15) (b)
4., as affected by Act 28, but without a specified delayed effective date, which resulted in
a possible ambiguity in the effective date for the treatment of s. 46.56 (15) (b) 4. by Act
334. The drafting file for Act 334 indicates no intention to delay the treatment of s. 46.56
(15) (b) 4. by that act. This bill section is intended to clarify that the effective date for the
Act 334 treatment of s. 46.56 (15) (b) 4. is the general effective date for Act 334, May 27,
2010, the day after publication of Act 334, and not the effective date for the treatment of
s. 46.56 (15) (b) 4. by Act 28.
SB287, s. 17 7Section 17. The treatment of 48.371 (1) (a) of the statutes by 2009 Wisconsin
8Act 28
is not repealed by 2009 Wisconsin Act 209. Both treatments stand.
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