AB573: Bill Text

2009 Assembly BILL 573

November 10, 2009 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB573,1,5 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, reconciling conflicts, and repelling unintended repeals (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body of the bill. In accordance with current drafting style, commas before the last item in a series are added throughout this bill. "Which" is replaced by "that" where grammatically correct. This bill is not intended to make any substantive changes.

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

AB573, s. 1 Section 1. 5.05 (1) (c) of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

AB573,3,2 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any violation of subch. III of ch. 13 for which the offender is subject to a revocation. The board may compromise and settle any civil action or potential action brought or authorized to be brought by it which, in the opinion of the board, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the board shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling civil actions or proposed civil actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081, 19.535, and 19.59 (8), forfeiture and license revocation actions brought by the board shall be brought in the circuit court for the county where the defendant resides, or if the defendant is a nonresident of this state, in circuit court for the county wherein the violation is alleged to occur. For purposes of this paragraph, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. Whenever the board enters into a settlement agreement with an individual who is accused of a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a possible civil violation of one of those provisions, the board shall reduce the agreement to writing, together with a statement of the board's findings and reasons for entering into the agreement and shall retain the agreement and statement in its office for inspection.

Note: Section 19.535 was repealed by 2007 Wis. Act 1.

AB573, s. 2 Section 2. The treatment of 6.47 (1) (b) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 278. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 6.47 (1) (b) reads:

(b) "Offense relating to domestic abuse, sexual assault, or stalking" means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.32, 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.

AB573, s. 3 Section 3. 6.47 (8) (d) of the statutes is repealed.

Note: Section 6.47 (8) (d) provides that the municipal clerk shall provide access to names and addresses on voter lists to clerks of circuit court for the purpose of creating master jury lists under s. 756.04 (5) (a). Supreme Court Order 08-01 repealed s. 756.04 (5) (a) rendering s. 6.47 (8) (d) without effect.

AB573, s. 4 Section 4. 6.97 (title) of the statutes is amended to read:

AB573,3,8 6.97 (title) Voting procedure for individuals not providing required identification proof of residence .

Note: Conforms title to text of section. 2005 Wis. Act 451 amended s. 6.97, stats., to substitute "proof of residence" for "identification."

AB573, s. 5 Section 5. 7.37 (13) of the statutes is amended to read:

AB573,3,16 7.37 (13) Closing of polls. For each polling place, the municipal clerk shall designate an official of the municipality who shall position himself or herself at the end of the line of individuals waiting to vote, if any, at the time that the polls officially close. The official may be an inspector or special registration deputy appointed under s. 6.55 (6) who serves at that polling place, an employee of the municipal clerk or a police officer,. Only individuals in line ahead of the official shall be permitted to vote under s. 6.78 (4).

Note: Corrects punctuation. The corrected text is printed in the 2007-08 Statutes.

AB573, s. 6 Section 6. 10.62 (intro.) of the statutes is amended to read:

AB573,4,4 10.62 Elections Government accountability board; spring primary and election. (intro.) The following subsections set forth, in chronological order, dates relating to the spring primary and election or occurrences during the spring period that affect the elections government accountability board:

Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability board" throughout the statutes.

AB573, s. 7 Section 7. 10.68 (2) (b) of the statutes is amended to read:

AB573,4,10 10.68 (2) (b) Friday after 1st Tuesday in January. 4:30 p.m., on the Friday after the 1st Tuesday in January, or the following Monday if Tuesday is a holiday, is the deadline for candidates for state office or municipal judge to file statements of economic interests with the ethics government accountability board unless the deadline for filing is extended. See s. 19.43 (4).

Note: 2007 Wis. Act 1 replaced "ethics board" with "government accountability board" throughout the statutes.

AB573, s. 8 Section 8. 10.72 (intro.) of the statutes is amended to read:

AB573,4,16 10.72 Elections Government accountability board; September primary and general election. (intro.) The following subsections set forth, in chronological order, dates relating to the September primary and general election or occurrences during the fall period that affect the elections government accountability board:

Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability board" throughout the statutes.

AB573, s. 9 Section 9. 10.72 (8) (a) 2. of the statutes is amended to read:

AB573,4,19 10.72 (8) (a) 2. Following the canvass, the elections government accountability board issues certificates of election. See s. 7.70 (5) (a).

Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability board" throughout the statutes.

AB573, s. 10 Section 10. 10.78 (2) (c) of the statutes is amended to read:

AB573,5,4 10.78 (2) (c) Friday after 2nd Tuesday in July. 4:30 p.m., on the Friday after the 2nd Tuesday in July, is the deadline for candidates for state office to file statements of economic interests with the ethics government accountability board unless the deadline for filing is extended. See s. 19.43 (4).

Note: 2007 Wis. Act 1 replaced "ethics board" with "government accountability board" throughout the statutes.

AB573, s. 11 Section 11. 10.82 (1) (title) of the statutes is amended to read:

AB573,5,6 10.82 (1) (title) Elections Government accountability board.

Note: 2007 Wis. Act 1 replaced "elections board" with "government accountability board" throughout the statutes.

AB573, s. 12 Section 12. 15.197 (12) (i) of the statutes is amended to read:

AB573,5,9 15.197 (12) (i) A representative of the council on board for people with developmental disabilities.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 13 Section 13. 15.197 (24) (title) of the statutes is renumbered 15.207 (24) (title).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. The remainder of s. 15.197 (24) was renumbered to s. 15.207 (24) by 2007 Wis. Act 20.

AB573, s. 14 Section 14. 16.527 (4) (h) 2. (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,5,14 16.527 (4) (h) 2. (intro.) Subd. 1. shall not apply if either of the follow following occurs:

Note: Corrects spelling.

AB573, s. 15 Section 15. The treatment of 16.75 (1m) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.75 (1m) reads:

(1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

AB573, s. 16 Section 16. 16.848 (2) (gc) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,6,4 16.848 (2) (gc) Subsection (1) does not apply to property that is subject to sale by the department of military affairs under s. 21.19 (3) or 21.42 (3) 321.03 (2) (b).

Note: Corrects cross-reference. Section 21.19 (3) (a) was renumbered s. 321.03 (2) (b) by 2007 Wis. Act 200. The remainder of s. 21.19 (3) and s. 21.42 (3) were repealed by 2007 Wis. Act 200.

AB573, s. 17 Section 17. 16.9645 (1) (b) of the statutes, as created by 2007 Wisconsin Act 79, is amended to read:

AB573,6,8 16.9645 (1) (b) "Dispatch center" has the meaning given for "public safety answering point" in s. 146.70 256.35 (1) (gm).

Note: Corrects cross-reference. Section 146.70 (1) (gm) was renumbered s. 256.35 (1) (gm) by 2007 Wis. Act 130.

AB573, s. 18 Section 18. 16.9645 (1) (d) of the statutes, as created by 2007 Wisconsin Act 79, is amended to read:

AB573,6,12 16.9645 (1) (d) "Public safety agency" has the meaning given in s. 146.70 256.35 (1) (gm) (g).

Note: Corrects cross-reference and transcription error. Section 146.70 (1) (g) was renumbered s. 256.35 (1) (g) by 2007 Wis. Act 130. As the result of an error in transcribing 2007 Wis. Act 79, "s. 146.70 (1) (g)," as shown in Act 79, was printed as "s. 146.70 (1) (gm)" in the 2007-08 Statutes.

AB573, s. 19 Section 19. 18.06 (7) (title) of the statutes is created to read:

AB573,6,14 18.06 (7) (title) Special procedures.

Note: Reinserts title inadvertently deleted from the statutes by 2005 Wis. Act 22. The title is printed in the 2007-08 Statutes.

AB573, s. 20 Section 20. 18.06 (8) (ar) 2. (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,7,4 18.06 (8) (ar) 2. (intro.) Subd. Subdivision 1. shall not apply if either of the follow following occurs:

Note: Corrects spelling and citation form.

AB573, s. 21 Section 21. 18.55 (6) (e) 2. (intro.) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,7,8 18.55 (6) (e) 2. (intro.) Subdivision 1. shall not apply if either of the follow following occurs:

Note: Corrects spelling.

AB573, s. 22 Section 22. The treatment of 20.155 (3) (q) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.155 (3) (q) reads:

(q) General program operations and grants. From the wireless 911 fund, all moneys received under s. 256.35 (3m) (f) 1. to administer and make grants under s. 256.35 (3m) (d) and supplemental grants under s. 256.35 (3m) (e). No moneys may be encumbered or expended from this appropriation after April 1, 2009.

AB573, s. 23 Section 23. The treatment of 20.435 (5) (ke) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.435 (1) (ke), as renumbered from s. 20.435 (5) (ke) by 2008 Wisconsin Act 28, reads:

(ke) American Indian health projects. The amounts in the schedule for grants for American Indian health projects under s. 250.20 (5). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18b. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB573, s. 24 Section 24. 20.435 (7) (o) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,8,12 20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b); all federal temporary assistance for needy families moneys received under 42 USC 601 to 619 that are authorized to be used to purchase or provide social services under 42 USC 1397 to 1397e; all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2); and all federal moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the dispersal disbursal of federal funds.

Note: 2007 Wis. Act 20 replaced "disbursal" with "dispersal" without strikes and underscores. The change was unintended.

AB573, s. 25 Section 25. 20.437 (1) (o) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,9,3 20.437 (1) (o) Federal aid; children and family aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b); all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal temporary assistance for needy families moneys received under 42 USC 601 to 619 that are authorized to be used to purchase or provide social services under 42 USC 1397 to 1397e; all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 48.568; for distribution under s. 48.563. Disbursements from this appropriation may be made directly to counties for services to children and families under s. 49.32 (2) (b) or 49.325 or directly to counties in accordance with federal requirements for the dispersal disbursal of federal funds.

Note: Corrects spelling.

AB573, s. 26 Section 26. 20.445 (1) (cr) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,9,10 20.445 (1) (cr) State supplement to employment opportunity demonstration projects. The amounts in the schedule for the purpose of providing state funds to supplement, on a one-to-one matching basis, federal employment opportunity demonstration project funds received under 42 USC 1315 or from other federal or private foundation sources, to be allocated under s. 49.32 (11) 103.005 (21).

Note: Corrects cross-reference. Section 49.32 (11) was renumbered s. 103.005 (21) by 2007 Wis. Act 20.

AB573, s. 27 Section 27. 20.566 (2) (b) of the statutes, as created by 2007 Wisconsin Act 20, is renumbered 20.566 (2) (bm).