SB300: Bill Text

(a) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home, qualified retirement home, and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. The municipal clerk shall post a notice at the home or facility indicating the date and time that absentee voting will take place at that home or facility. The notice shall be posted as soon as practicable after arranging the visit but in no case less than 24 hours before the visit. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or facility.

SB300, s. 10 Section 10. 6.875 (6) (b) of the statutes, as affected by 2005 Wisconsin Act 149, section 24, and 2005 Wisconsin Act 451, section 86, is amended to read:

SB300,8,11 6.875 (6) (b) The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications for an absentee ballot received by the clerk, and a reasonable additional number of ballots. The deputies may exercise the authority granted to the chief inspector under s. 7.41 to regulate the conduct of observers for. For purposes of the application of s. 7.41, the home or facility shall be treated as a polling place. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them.

Note: Corrects punctuation error that results in an incomplete sentence. Drafting records for 2005 Wis. Act 451 show that 2 sentences were intended.

SB300, s. 11 Section 11. The treatment of 7.08 (1) (c) of the statutes by 2005 Wisconsin Act 278 is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 7.08 (1) (c) reads:

(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

SB300, s. 12 Section 12. The treatment of 7.30 (4) (b) (intro.) of the statutes by 2005 Wisconsin Act 149 is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 7.30 (4) (b) (intro.) reads:

(b) The 2 dominant parties, under sub. (2), are each responsible for submitting a list of names from which all appointees to inspector positions, other than appointees to inspector positions authorized under sub. (1) (b), shall be chosen as follows:

SB300, s. 13 Section 13. The treatment of 7.30 (4) (b) 2. of the statutes by 2005 Wisconsin Act 149 is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 7.30 (4) (b) 2. reads:

2. a. In municipalities other than cities and villages located in counties having a population of more than 500,000, the committees organized under s. 8.17 from each of the 2 dominant parties under sub. (2) shall submit a list containing at least as many names as there are needed appointees from that party. The list shall be submitted by the chairperson of each of the 2 committees to the mayor, president, or chairperson of the municipality. If committees are organized in subdivisions of a city, the list shall be submitted through the chairperson of the city committee. If there is no municipal committee, the list shall be submitted by the chairperson of the county or legislative district committee. Except as provided in par. (c), only those persons submitted by the chairperson of each committee under s. 8.17 may act as election officials. The chairperson may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the chairperson and secretary of the submitting committee.

b. In cities or villages located in counties having a population of more than 500,000, other than cities where there is a board of election commissioners, the aldermanic district or village committeeman or committeewoman for the ward or wards where each polling place is located, if there is one, or for inspectors serving under s. 7.52 (1) (b), the committeemen and committeewomen for the municipality acting jointly, shall submit a list containing at least as many names as there are needed appointees for inspector positions from the party represented by the committeeman or committeewoman or by the committeemen and committeewomen acting jointly. For appointments of inspectors in cities and villages where there is no aldermanic district or village committeeman or committeewoman, nominations shall proceed in the same manner as in municipalities located in counties having a population of 500,000 or less. The list shall be submitted to the mayor or president. Except as provided in par. (c), only those persons whose names are submitted as provided in this paragraph may act as election officials. The committeeman or committeewoman may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the aldermanic district or village committeeman or committeewoman or the chairperson of the appropriate committee.

c. Upon submission of each nominee's name, the governing body shall appoint each first choice nominee for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other nominees in its discretion. If any nominee is not appointed, the mayor, president, or chairperson of the municipality shall immediately nominate another person from the appropriate lists submitted and continue until the necessary number of election officials from each party is achieved at that meeting.

SB300, s. 14 Section 14. 7.51 (1) of the statutes, as affected by 2005 Wisconsin Act 451, is amended to read:

SB300,9,7 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s. 7.52, until the canvass of all ballots cast is completed and the return statement for those ballots are is made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

Note: Replaces "are" with "is" for correct sentence agreement.

SB300, s. 15 Section 15. 7.53 (2) (a) 3. of the statutes, as created by 2005 Wisconsin Act 451, is amended to read:

SB300,10,21 7.53 (2) (a) 3. If the clerk is a candidate at an election being canvassed, the clerk may perform his or her duties on the board of canvassers only if the clerk does not have an opponent whose name appears on the ballot, or in the case of a recount, if the office the clerk is seeking is not a subject of the recount. If the clerk is a candidate at the election being canvassed and has an opponent whose name appears on the ballot or if the office the clerk is seeking is a subject of a recount, the mayor, president of or board chairperson of the municipality shall designate another qualified elector of the municipality to serve in lieu of the elector for that election.

Note: Inserts correct word.

SB300, s. 16 Section 16. The treatment of 9.01 (1) (a) of the statutes by 2005 Wisconsin Act 149 is not repealed by 2005 Wisconsin Act 451. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 9.01 (1) (a) reads:

(a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum.

2. Each verified petition under subd. 1. shall state all of the following:

a. That at the election the petitioner was a candidate for the office in question or that the petitioner voted on the referendum question in issue.

b. That the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question or that another specified defect, irregularity, or illegality occurred in the conduct of the election.

3. The petition under subd. 1. shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified.

4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board, or chairperson's designee, after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.

SB300, s. 17 Section 17. The treatment of 13.94 (4) (a) 1. of the statutes by 2005 Wisconsin Act 335 is not repealed by 2005 Wisconsin Act 441. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 13.94 (4) (a) 1. reads:

1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a family care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB300, s. 18 Section 18. 16.964 (12) (k) of the statutes, as created by 2005 Wisconsin Act 25, is amended to read:

SB300,12,9 16.964 (12) (k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section s. 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.

Note: Corrects citation form. The change is shown in the printed volumes.

SB300, s. 19 Section 19. 19.01 (4) (g) of the statutes is amended to read:

SB300,12,14 19.01 (4) (g) Official oaths and bonds of all elected or appointed village officers shall be filed in the office of the village clerk for the village in which the officers officer serves, except that oaths and bonds of village clerks shall be filed in the office of the village treasurer.

Note: Inserts missing word and correct word form.

SB300, s. 20 Section 20. 19.82 (2) of the statutes is amended to read:

SB300,13,4 19.82 (2) "Meeting" means the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter, any gathering of the members of a town board for the purpose specified in s. 60.50 (6), any gathering of the commissioners of a town sanitary district for the purpose specified in s. 60.77 (5) (k), or any gathering of the members of a drainage board created under s. 88.16, 1991 stats., or under s. 88.17, for a purpose specified in s. 88.065 (5) (a).

Note: Inserts serial comma. The change is shown in the printed volumes.

SB300, s. 21 Section 21. The treatment of 20.566 (1) (hp) of the statutes by 2005 Wisconsin Act 323 is not repealed by 2005 Wisconsin Act 460. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 20.566 (1) (hp) reads:

(hp) Administration of endangered resources; professional football district; breast cancer research; fire fighters memorial; veterans trust fund; multiple sclerosis programs; prostate cancer research 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), 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), and (5m) (i), and 71.30 (10) (i) and (11) (i) shall be credited to this appropriation.

SB300, s. 22 Section 22. 20.835 (2) (bm) of the statutes, as created by 2005 Wisconsin Act 405, is renumbered 20.835 (2) (br).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 483 also created a provision numbered s. 20.835 (2) (bm).

SB300, s. 23 Section 23. 30.206 (1) (a) of the statutes is amended to read:

SB300,14,2 30.206 (1) (a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under section s. 227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.

Note: Corrects citation form. The correction has been made in the printed volumes.

SB300, s. 24 Section 24. 31.02 (4r) of the statutes is amended to read:

SB300,14,7 31.02 (4r) The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by the public that affect the placement of fishways or fish ladders in navigable waters that are dammed.

Note: Inserts missing article.

SB300, s. 25 Section 25. 40.23 (3) of the statutes, as affected by 2005 Wisconsin Act 154, is amended to read:

SB300,14,18 40.23 (3) The initial monthly amount of any retirement annuity in the normal form shall not be less than the money purchase annuity which can be provided by applying the sum of the participant's accumulated additional and required contributions, including interest credited to the accumulations, plus an amount from the employer accumulation reserve equal to the participant's accumulated required contributions, less any accumulated contributions to purchase other governmental service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats., to fund the annuity in accordance with the actuarial tables in effect on the annuity effective date.

Note: Places cross-references in correct order according to current style.

SB300, s. 26 Section 26. 40.73 (1) (am) 2. of the statutes, as created by 2005 Wisconsin Act 22, is amended to read:

SB300,14,22 40.73 (1) (am) 2. Accumulated contributions to purchase other governmental service under s. 40.25 (7), 2001 stats., or s. 40.285 (2) (b) or 40.25 (7), 2001 stats.

Note: Places cross-references in correct order according to current style.

SB300, s. 27 Section 27. 43.30 (1b) of the statutes is amended to read:

SB300,15,4 43.30 (1b) In this section, "custodial parent" includes any parent other than a parent who has been denied periods of physical placement with a child under s. 767.24 (4) 767.41 (4).

Note: Corrects cross-reference. Section 767.24 was renumbered to s. 767.41 by 2005 Wis. Act 443.

SB300, s. 28 Section 28. 45.31 (7) of the statutes, as affected by 2005 Wisconsin Act 22, is amended to read:

SB300,15,9 45.31 (7) "Funds" include cash on hand and liquid investments owned by the veteran and his or her spouse, individually or jointly, unless the veteran and spouse are legally separated under s. 767.07 767.35 (1).

Note: Corrects cross-reference. Section 767.07 was renumbered to s. 767.35 (1) by 2005 Wis. Act 443.

SB300, s. 29 Section 29. 45.37 (2) (a) of the statutes, as affected by 2005 Wisconsin Act 22, is amended to read:

SB300,15,18 45.37 (2) (a) Applications for loans under this section for a purpose specified in s. 45.34 (1) (a), (b), or (d) shall be made to an authorized lender and applications for loans under this section for a purpose specified under s. 45.34 (1) (c) may be made to the department or to a county veterans service officer on forms approved by the department and signed by the applicant. If the applicant is married and not legally separated under s. 767.02 767.001 (1) (d) or in the process of obtaining a divorce, the applicant's spouse also shall sign the application.

Note: Corrects cross-reference. Section 767.02 was renumbered s. 767.001 by 2005 Wis. Act 443.

SB300, s. 30 Section 30. 46.03 (7g) of the statutes, as affected by 2005 Wisconsin Act 406, section 2, is amended to read:

SB300,16,15 46.03 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22 or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 48, 51, 55, or 938, or 42 USC 670 to 679b.

Note: Corrects cross-references. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 31 Section 31. 46.215 (1p) of the statutes, as created by 2005 Wisconsin Act 406, is amended to read:

SB300,17,2 46.215 (1p) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 32 Section 32. 46.22 (1) (b) 2. e. of the statutes is amended to read:

SB300,17,7 46.22 (1) (b) 2. e. To make payments in such manner as the department of workforce development may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. s. 49.193, 1997 stats., and s. 49.26 (1).

Note: Corrects citation form.

SB300, s. 33 Section 33. 46.22 (1) (dp) of the statutes, as created by 2005 Wisconsin Act 406, is amended to read:

SB300,17,16 46.22 (1) (dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 34 Section 34. 46.23 (3) (ed) of the statutes, as created by 2005 Wisconsin Act 406, is amended to read:

SB300,18,5 46.23 (3) (ed) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 35 Section 35. 46.29 (3) (j) of the statutes is repealed.

Note: 46.29 (3) (intro.) provides that, "All of the following shall maintain liaison with and periodically report to the council on physical disabilities ...", and 46.29 (3) (j) states "The chairperson of the health policy council." The health policy council was abolished in 1987 Wisconsin Act 399 by the repeal of s. 14.017 (3).

SB300, s. 36 Section 36. 48.27 (5) of the statutes, as affected by 2005 Wisconsin Act 293, is amended to read:

SB300,18,14 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1) , and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person's parental rights have been terminated.

Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by 2005 Wis. Act 443.

SB300, s. 37 Section 37. 48.40 (1r) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,19,5 48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.