AB398: Bill Text

LRB-2538/1

JTK:jrd:aj

1995 - 1996 LEGISLATURE

1995 Assembly BILL 398

May 24, 1995 - Introduced by Representatives Duff, Owens, Olsen, Goetsch, Hahn, Freese, Albers, Ainsworth, Ladwig, Grothman and F. Lasee, cosponsored by Senators Drzewiecki and Farrow. Referred to Committee on Government Operations.

AB398,1,3 An Act to amend 16.835, 16.836 (1), 18.13 (2), 18.76 (2), 71.91 (5) (i), 801.11 (3) and 893.82 (5) of the statutes; relating to: discontinuance of a room or office for the attorney general in the capitol.

Analysis by the Legislative Reference Bureau

Currently, the attorney general is required to keep a room in the state capitol. Various laws require documents to be served upon the attorney general at his or her office in the capitol. The joint committee on legislative organization may assign office space in the capitol that is not reserved for other uses by law. The department of administration (DOA) assigns office space outside the capitol to state officers and agencies.

This bill deletes the requirement for the attorney general to keep a room in the capitol and deletes all references to the location of the office of the attorney general. Under the bill, if the joint committee on legislative organization does not assign any office space to the attorney general in the capitol, DOA assigns other office space to the attorney general.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB398, s. 1 Section 1. 16.835 of the statutes is amended to read:

AB398,1,7 16.835 Offices in capitol. The office of the governor shall be located in the capitol. The attorney general, lieutenant governor and supreme court shall each keep a room in the capitol.

AB398, s. 2 Section 2. 16.836 (1) of the statutes is amended to read:

AB398,2,10 16.836 (1) Notwithstanding ss. 16.835, 18.13 (2), 18.76 (2), 71.91 (5) (i), 801.11 (3), and 809.80 (1) and 893.82 (5), the department, with the approval of the building commission, may temporarily relocate the governor, attorney general, lieutenant governor, supreme court and the clerks of the supreme court and court of appeals from the state capitol to another suitable building in the city of Madison for the purpose of performing air conditioning work or other renovation work in the state capitol. During the period of such relocation, any service authorized or required to be made at the offices of any of the officers specified in this subsection shall be made at the temporary locations of those offices.

AB398, s. 3 Section 3. 18.13 (2) of the statutes is amended to read:

AB398,2,17 18.13 (2) To recover a debt. If the state fails to pay any public debt in accordance with its terms, an action to compel such payment may be commenced against the state in accordance with s. 801.02. The plaintiff shall serve an authenticated copy of the summons and complaint on the attorney general by leaving the copies at the attorney general's office in the capitol with an assistant or clerk. The place of trial of such an action shall be as provided in s. 801.50.

AB398, s. 4 Section 4. 18.76 (2) of the statutes is amended to read:

AB398,2,24 18.76 (2) To recover an operating note. If the state fails to pay any operating note in accordance with its terms, an action to compel such payment may be commenced against the state in accordance with s. 801.02. The plaintiff shall serve an authenticated copy of the summons and complaint on the attorney general by leaving the copies at the attorney general's office in the capitol with an assistant or clerk. The place of trial of such an action shall be as provided in s. 801.50.

AB398, s. 5 Section 5. 71.91 (5) (i) of the statutes is amended to read:

AB398,3,6 71.91 (5) (i) The state may be made a party defendant in any action to foreclose a mortgage, land contract, or other lien upon any real property affected by such warrant lien, and the summons may be served by delivering a copy to the attorney general or leaving it at the attorney general's office in the capitol with an assistant or clerk. But no judgment for the recovery of money or personal property or costs shall be rendered against the state in any such action.

AB398, s. 6 Section 6. 801.11 (3) of the statutes is amended to read:

AB398,3,10 801.11 (3) State. Upon the state, by delivering a copy of the summons and of the complaint to the attorney general or leaving them at the attorney general's office in the capitol with an assistant or clerk.

AB398, s. 7 Section 7. 893.82 (5) of the statutes is amended to read:

AB398,3,15 893.82 (5) The notice under sub. (3) shall be sworn to by the claimant and shall be served upon the attorney general at his or her office in the capitol by certified mail. Notice shall be considered to be given upon mailing for the purpose of computing the time of giving notice.

AB398,3,16 (End)