1997 WISCONSIN ACT 35
An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, deleting, replacing or otherwise modifying language which discriminates on the basis of sex, reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
35,1
Section 1
. 5.02 (24) of the statutes, as affected by 1995 Wisconsin Act 219, is amended to read:
5.02 (24) “State superintendent" means the state superintendent of public instruction.
Note: 1995 Wis. Act 27, section 9145 (1), unintentionally changed the reference to the “state superintendent of public instruction" in this provision to “secretary of education". 1995 Wis. Act 219 was intended to return this provision to its pre-Act 27 status but only “state superintendent" was reinserted.
35,2
Section 2
. The amendment of 5.58 (2) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 219. Both amendments stand.
Note: There is no conflict of substance.
35,3
Section 3
. 6.24 (4) (b) of the statutes, as created by 1995 Wisconsin Act 313, is renumbered 6.24 (4) (c).
Note: 1995 Wis. Act 313 divided s. 6.24 (4) (a) into pars. (a) and (c) and created a new par. (b). Section 6.24 (4) already contained a par. (b).
35,4
Section 4
. 6.24 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 313, is renumbered 6.24 (4) (d).
Note: See the note to the previous section of this bill.
35,5
Section 5
. 8.40 (1) of the statutes is amended to read:
8.40 (1) In addition to any other requirements provided by law, each separate sheet of each petition for an election, including a referendum, shall have on the face at the top in boldface print the words word “PETITION". Each signer of such a petition shall affix his or her signature to the petition, accompanied by his or her municipality of residence for voting purposes, the street and number, if any, on which the signer resides, and the date of signing.
Note: Inserts correct word.
35,6
Section 6
. 13.06 of the statutes is amended to read:
13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this or her state, may be fined not less than $500 nor more than $1,000 or imprisoned not less than one year nor more than 2 years or both.
Note: Corrects error in transcribing 1991 Wis. Act 316.
35,7
Section 7
. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (d) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
Note: 1995 Wis. Act 27 repealed s. 20.435 (1) (c) effective 8-1-96.
35,8
Section 8
. 13.26 (1) (d) of the statutes is amended to read:
13.26 (1) (d) Giving or offering a bribe to a member, or attempting by menace or other corrupt means or device to control or influence a member in giving a member's vote or to prevent the member from voting.
Note: Corrects error in transcribing 1991 Wis. Act 316.
35,8m
Section 8m. 13.48 (13) (a) of the statutes is amended to read:
13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department or, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
Note: Corrects error in transcribing 1995 Wis. Act 216.
35,8p
Section 8p. 13.48 (18) of the statutes, as affected by 1997 Wisconsin Act 5, section 2, is amended to read:
13.48 (18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces or possible future construction if such acquisition is to be solely used to meet the space needs of the state law library, the legislative reference bureau library and legislative and judicial branch agencies and support staffs
Note: 1997 Wis. Act 5, section 1, added the language stricken above. 1997 Wis. Act 5, section 2, amended s. 13.48 (18) as affected by Act 5, section 1, by deleting the material added by Act 5, section 1, but did not include all of the text added by Act 5, section 1. This provision carries out the intent of Act 5, section 2, to return s. 13.48 (13) to its pre-Act 5 status.
35,9
Section 9
. 13.485 (1) of the statutes, as affected by 1995 Wisconsin Act 201, is amended to read:
13.485 (1) The parking facility that is enumerated for construction in the 1985-87 authorized state building program and that is located in Milwaukee county on Lake Michigan may be the subject of an agreement under sub. (4) and s. 59.79 (7) and may be funded from the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.
Note: 1995 Wis. Act 201 inserted “(7)" without showing it underscored. The change was intended.
35,10
Section 10
. 15.107 (7) (b) and (c) of the statutes are amended to read:
15.107 (7) (b) A representative of the unit in the department of health and social family services that deals with health statistics.
(c) A representative of the unit in the department of health and social family services that deals with the medical assistance program.
Note: 1995 Wis. Act 27, section 9126 (19), changed all occurrences of health and social services to health and family services effective 7-1-96. These 2 occurrences were missed in the editing process.
35,11
Section 11
. 16.11 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 115, is amended to read:
16.11 (3) (b) Each commission member is entitled to one vote. Except as otherwise specifically provided in this compact, an action of the commission is binding if a majority of the total membership cast casts its vote in the affirmative. A party state may direct its member or alternate member of the commission how to vote or not to vote on matters before the commission.
Note: Inserts correct word form.
35,12
Section 12
. 16.11 (3) (i) 7. of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:
16.11 (3) (i) 7. Establish and implement procedures to investigate any complaint jointed joined in by 2 or more party states regarding another party state's performance of its obligations under this compact.
Note: Corrects spelling.
35,13
Section 13
. 16.11 (3) (j) 3. d. of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:
16.11 (3) (j) 3. d. Provide moneys to be added to an inadequately funding funded long-term care fund as provided in sub. (6) (o).
Note: Inserts correct word form.
35,14
Section 14
. 16.11 (6) (L) 1. of the statutes, as affected by 1995 Wisconsin Act 115, is amended to read:
16.11 (6) (L) 1. No compact facility shall begin operating until the commission designates the host state of the next compact facility.
Note: Inserts missing word.
35,15
Section 15
. 16.11 (8) (j) of the statutes, as created by 1995 Wisconsin Act 115, is amended to read:
16.11 (8) (j) Unless explicitly abrogated by the state legislation dissolving this compact, or if dissolution results from withdrawal of congressional consent, the limitations on the investment and use of long-term care funds in sub. (6) (o) and (q) 4., the contractual obligations in sub. (5) (f), the indemnification obligations and contributions contribution rights in subs. (6) (o), (s) and (t) and (7) (g) and the operation rights and indemnification and hold-harmless obligations in sub. (6) (q) shall remain in force notwithstanding dissolution of this compact.
Note: Inserts correct word form.
35,16
Section 16
. 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
16.51 (7) (title) Audit claims for expenses in connection with prisoners and children
juveniles in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children
juveniles in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or children juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's
juvenile's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.
Note: Replaces “child" or “children" with “juvenile" or “juveniles", respectively, for consistency of references with language of ch. 938.
35,17
Section 17
. 16.846 (3) of the statutes, as created by 1995 Wisconsin Act 174, is amended to read:
16.846 (3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with s. 59.20 (5) and (8)
59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.
