SB426: Bill Text

2013 - 2014 LEGISLATURE

2013 Senate BILL 426

December 10, 2013 - Introduced by Law Revision Committee. Referred to Committee on Judiciary and Labor.

SB426,1,2 An Act relating to: affecting various provisions of the statutes to correct errors and reconcile conflicts (Corrections 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:

SB426,1 Section 1. 5.02 (19) of the statutes is amended to read:

SB426,1,5 5.02 (19) "Special election" means any election, other than those described in subs. (5), (18) (12s), (21), and (22), to fill vacancies or to conduct a referendum.

Note: Section 5.02 (18) was renumbered s. 5.02 (12s) by 2011 Wis. Act 75.

SB426,2 Section 2. 5.02 (20r) of the statutes is amended to read:

SB426,1,9 5.02 (20r) "Special referendum" means any referendum held at a special election which is not held concurrently with the elections described in sub. (5), (18) (12s), (21), or (22).

Note: Section 5.02 (18) was renumbered s. 5.02 (12s) by 2011 Wis. Act 75.

SB426,3 Section 3. 5.68 (5) of the statutes is amended to read:

SB426,2,8 5.68 (5) If a charge is made for the use of a polling place, the charge shall be paid by the municipality establishing the polling place under s. 5.25 (2) unless the polling place is used to conduct a special election that is called by a unit of government other than the state or the municipality establishing the polling place and the special election is not held concurrently with an election specified in s. 5.02 (5), (18) (12s), (21), or (22). In such case the charge shall be paid by the unit of government that calls the special election.

Note: Section 5.02 (18) was renumbered s. 5.02 (12s) by 2011 Wis. Act 75.

SB426,4 Section 4. 6.25 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

SB426,2,19 6.25 (1) (a) Any individual who qualifies as a military elector under s. 6.22 (1) (b) and who transmits an application for an official absentee ballot for any election, including a primary election, no later than the latest time specified for the elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate for an office listed on the official ballot or for all of the candidates of any recognized political party for the offices listed on the official ballot at that election if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.221 (3) or 6.87 (6) or 7.515 (3).

Note: Section 6.221 (3) (a) was renumbered s. 7.515 (3) by 2011 Wis. Act 75 and s. 6.221 (3) (b) was repealed.

SB426,5 Section 5. 6.25 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

SB426,3,9 6.25 (1) (b) Any individual who qualifies as an overseas elector under s. 6.24 (1) and who transmits an application for an official absentee ballot for an election for national office, including a primary election, no later than the latest time specified for an elector in s. 6.86 (1) (b) may, in lieu of the official ballot, cast a federal write-in absentee ballot prescribed under 42 USC 1973ff-2 for any candidate or for all candidates of any recognized political party for national office listed on the official ballot at that election, if the federal write-in absentee ballot is received by the appropriate municipal clerk no later than the applicable time prescribed in s. 6.221 (3) or 6.87 (6) or 7.515 (3).

Note: Section 6.221 (3) (a) was renumbered s. 7.515 (3) by 2011 Wis. Act 75 and s. 6.221 (3) (b) was repealed.

SB426,6 Section 6. 6.87 (3) (d) of the statutes, as affected by 2011 Wisconsin Act 75, is amended to read:

SB426,4,8 6.87 (3) (d) A municipal clerk shall, if the clerk is reliably informed by a military elector, as defined in s. 6.34 (1) (a), or an overseas elector, as defined in s. 6.34 (1) (b), of a facsimile transmission number or electronic mail address where the elector can receive an absentee ballot, transmit a facsimile or electronic copy of the elector's ballot to that elector in lieu of mailing under this subsection. An elector may receive an absentee ballot only if the elector is a military elector or an overseas elector under s. 6.34 (1) and has filed a valid application for the ballot as provided in s. 6.86 (1). If the clerk transmits an absentee ballot to a military or overseas elector electronically, the clerk shall also transmit a facsimile or electronic copy of the text of the material that appears on the certificate envelope prescribed in sub. (2), together with instructions prescribed by the board. The instructions shall require the military or overseas elector to make and subscribe to the certification as required under sub. (4) (b) and to enclose the absentee ballot in a separate envelope contained within a larger envelope, that shall include the completed certificate. The elector shall then affix sufficient postage unless the absentee ballot qualifies for mailing free of postage under federal free postage laws and shall mail the absentee ballot to the municipal clerk. Except as authorized in s. 6.97 (2), an absentee ballot received from a military or overseas elector who receives the ballot electronically shall not be counted unless it is cast in the manner prescribed in this paragraph and sub. (4) and in accordance with the instructions provided by the board.

Note: 2011 Wis. Act 75 states that s. 6.87 (3) (d) is amended as affected by 2011 Wis. Act 23, but it did not include the underscored language, which was inserted by 2011 Wis. Act 23.

SB426,7 Section 7. The treatment of 7.10 (3) (a) of the statutes by 2011 Wisconsin Act 45 is not repealed by 2011 Wisconsin Act 75. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 7.10 (3) (a) reads:

(a) The county clerk shall distribute the ballots to the municipal clerks no later than 48 days before each partisan primary and general election and no later than 22 days before each other primary and election, except that the clerk shall distribute the ballots under sub. (2) for the presidential preference primary no later 48 days before the presidential preference primary. Election forms prepared by the board shall be distributed at the same time. If the board transmits an amended certification under s. 7.08 (2) (a) or if the board or a court orders a ballot error to be corrected under s. 5.06 (6) or 5.72 (3) after ballots have been distributed, the county clerk shall distribute corrected ballots to the municipal clerks as soon as possible.

SB426,8 Section 8. The treatment of 10.06 (1) (e) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 45. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 10.06 (1) (e) reads:

(e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held, this notice shall be sent under par. (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

SB426,9 Section 9. The treatment of 16.002 (2) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.002 (2) reads:

(2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279.

SB426,10 Section 10. The treatment of 16.045 (1) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.045 (1) (a) reads:

(a) "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. 231, 232, 233, 234, 237, 238, or 279.

SB426,11 Section 11. The treatment of 16.417 (1) (b) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.417 (1) (b) reads:

(b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

SB426,12 Section 12. The treatment of 16.70 (2) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.70 (2) reads:

(2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 237, or 279.

SB426,13 Section 13. The treatment of 16.865 (8) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.865 (8) reads:

(8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). 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. 231, 232, 233, 234, 237, 238, or 279.

SB426,14 Section 14. The treatment of 20.395 (3) (cr) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 257. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.395 (3) (cr) reads:

(cr) Southeast Wisconsin freeway rehabilitation, state funds. As a continuing appropriation, the amounts in the schedule for rehabilitation of southeast Wisconsin freeways, including reconstruction and interim repair of the Marquette interchange in Milwaukee County. This paragraph does not apply to the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to rehabilitation of southeast Wisconsin freeways. No moneys may be encumbered from this appropriation account after June 30, 2011. Notwithstanding s. 20.001 (3) (c), any unencumbered balance in this appropriation account on July 1, 2011, shall be transferred to the appropriation account under par. (cq) except that the amount specified in 2011 Wisconsin Act 32, section 9148 (7f) (a), shall be transferred to the appropriation account under par. (aq).

SB426,15 Section 15. The treatment of 20.395 (3) (cy) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 257. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.395 (3) (cy) reads:

(cy) Southeast Wisconsin freeway rehabilitation, federal funds. All moneys received from the federal government for rehabilitation of southeast Wisconsin freeways, including reconstruction and interim repair of the Marquette interchange in Milwaukee County, for such purposes. This paragraph does not apply to the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to rehabilitation of southeast Wisconsin freeways. No moneys may be encumbered from this appropriation account after June 30, 2011. Notwithstanding s. 20.001 (3) (c), any unencumbered balance in this appropriation account on July 1, 2011, shall be transferred to the appropriation account under par. (cx) except that the amount specified in 2011 Wisconsin Act 32, section 9148 (7f) (c), shall be transferred to the appropriation account under par. (ax).

SB426,16 Section 16. 20.505 (8) (hm) 5. of the statutes is amended to read:

SB426,7,2 20.505 (8) (hm) 5. The amount transferred to s. 20.255 (2) (km) shall be the amount in the schedule under s. 20.255 (1) (2) (km).

Note: Corrects cross-reference. Section 20.255 (2) (km) is the appropriation that relates to moneys transferred under s. 20.505 (8) (hm) 5. Section 20.255 (1) (km) relates to the state agency library processing center.

SB426,17 Section 17. The treatment of 20.566 (1) (hp) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 76. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.566 (1) (hp) reads as follows. See also Section 114 of this bill.

(hp) Administration of income tax checkoff voluntary payments. The amounts in the schedule for the payment of all administrative costs, including data processing costs, incurred in administering ss. 71.10 (5), (5e), (5f), (5fm), (5g), (5h), (5i), (5j), (5k), (5km), and (5m), and 71.30 (10). All moneys specified for deposit in this appropriation under ss. 71.10 (5) (h) 5., (5e) (h) 4., (5f) (i), (5fm) (i), (5g) (i), (5h) (i), (5i) (i), (5j) (i), (5k) (i), (5km) (i), and (5m) (i) and 71.30 (10) (i) and (11) (i) shall be credited to this appropriation account.

SB426,18 Section 18. 23.293 (20) (title) of the statutes is amended to read:

SB426,7,6 23.293 (20) (title) Injunctive relief ; recovery of costs.

Note: Conforms title to the subject matter of s. 23.293 (20), which contains no provision regarding the recovery of costs.

SB426,19 Section 19. 26.21 (1) of the statutes is amended to read:

SB426,7,13 26.21 (1) In addition to the penalties provided in s. 26.20, the United States, the state, the county or private owners, whose property is injured or destroyed by forest fires, may recover, in a civil action, double the amount of damages suffered, if the fires occurred through willfulness, malice or negligence. In a civil action, a court may award reasonable costs for legal representation to provide private owners recovering damages under this subsection.

Note: Inserts correct word consistent with the previous sentence.

SB426,20 Section 20. 29.171 (4) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 169 and 252, is amended to read:

SB426,8,3 29.171 (4) (b) (intro.) Except as provided in par. (bc), no person may use a crossbow in hunting as authorized by any license or permit issued under this 29.185 (6), chapter unless the crossbow meets all of the following specifications:

Note: The stricken text was inserted by 2011 Wis. Act 169 but was rendered surplusage by the treatment by 2011 Wis. Act 252.

SB426,21 Section 21. 29.182 (4) (g) of the statutes is amended to read:

SB426,8,9 29.182 (4) (g) The organization known as the Rocky Mountain Elk Foundation shall transfer the license awarded or under par. (f) only to a person who is qualified to receive a resident elk hunting license and shall transfer to that person the carcass tag and back tag that was issued by the department to the organization under subs. (6) and (7).

Note: Deletes unnecessary word.

SB426,22 Section 22. 29.185 (7) (b) of the statutes, as created by 2011 Wisconsin Act 169, is amended to read:

SB426,8,16 29.185 (7) (b) A person who harvests a wolf that has an attached or implanted radio telemetry device shall return the device to the department. The department shall inform the person, upon his or her request, of any information that has been collected through the telemetry device or otherwise by the department that relates that to the wolf that was harvested.

Note: Inserts correct word.

SB426,23 Section 23. The treatment of 48.32 (1) (b) 1. c. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.32 (1) (b) 1. c. reads:

c. If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.

SB426,24 Section 24. The treatment of 48.33 (4) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.33 (4) (c) reads:

(c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.

SB426,25 Section 25. The treatment of 48.335 (3g) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.335 (3g) (c) reads:

(c) That, if a permanency plan has previously been prepared for the child, the county department, department, or agency has made reasonable efforts to achieve the permanency goal of the child's permanency plan, including, if appropriate, through an out-of-state placement.