AB562: Bill Text

LRB-0595/2

BJH:cjs:ph

2013 - 2014 LEGISLATURE

2013 Assembly BILL 562

December 12, 2013 - Introduced by Law Revision Committee. Referred to Committee on Judiciary.

AB562,1,2 An Act relating to: affecting various provisions of the statutes to make corrections 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:

AB562,1 Section 1. 5.05 (10) of the statutes is amended to read:

AB562,2,6 5.05 (10) State election administration plan. With the assistance of the election administration council and approval of the joint committee on finance as provided in this subsection, the board shall adopt and modify as necessary a state plan that meets the requirements of P.L. 107-252 to enable participation by this state in federal financial assistance programs authorized under that law. The board shall adopt the plan and any modifications only after publishing a class I 1 notice under ch. 985 or posting on the Internet a statement describing the proposed plan or modification and receiving public comment thereon. After approval of the proposed plan or any modification of the plan by the board, the board shall submit the proposed plan or modification to the joint committee on finance for the approval of the committee. The board may adopt the proposed plan or modification only if the committee approves the proposed plan or modification.

Note: Conforms text to ch. 985.

AB562,2 Section 2. 6.45 (1) of the statutes is amended to read:

AB562,2,15 6.45 (1) After the deadline for revision of the registration list, the municipal clerk shall make copies of the list for election use. The registration list and any supplemental lists which are prepared at polling places or other registration locations under s. 6.55, shall be open to public inspection. Under the regulations prescribed by the municipal clerk, any person may copy the registration list at the office of the clerk. A registration list maintained at a polling place may be examined by any person who is observing the proceedings under s. 7.41 when such use does not interfere with the conduct of the election.

Note: 1999 Wis. Act 49 divided the then existing sub. (1) into subs. (1) and (1m), leaving only the first sentence above in sub. (1). As the result of an error in transcribing 1999 Wis. Act 49, the stricken text incorrectly repeats the language of sub. (1m) and is removed.

AB562,3 Section 3. 11.06 (1) (jm) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,3,4 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, and disbursements made without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

Note: Removes comma and adds "and" for correct grammar.

AB562,4 Section 4. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB562,3,22 13.94 (4) (a) 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, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term 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; 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.

Note: Deletes unnecessary word.

AB562,5 Section 5. 15.145 (5) (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,4,21 15.145 (5) Council on offender reentry. (intro.) There is created a council on offender reentry which is attached to the department of corrections under s. 15.03, which shall have the duties, responsibilities, and powers set forth under s. 301.095. The council shall consist of 22 21 members, and the appointed members shall serve for 2-year terms and may be appointed for a maximum of 2 consecutive terms. The chairperson of the council shall be the secretary of corrections or the reentry director, as decided by the secretary of corrections. The chairperson may appoint subcommittees and the council shall meet no less frequently than 4 times per year at a date and location to be determined by the chairperson. Members of the council shall include the secretary of corrections, or his or her designee; the secretary of workforce development, or his or her designee; the secretary of health services, or his or her designee; the secretary of children and families, or his or her designee; the secretary of transportation, or his or her designee; the attorney general, or his or her designee; the chairperson of the parole commission, or his or her designee; the state superintendent of public instruction; the reentry director as appointed by the secretary of corrections; a current or former judge, as appointed by the director of state courts; an individual who has been previously convicted of, and incarcerated for, a crime in Wisconsin, as appointed by the secretary of corrections; and the following persons, as appointed by the governor:

Note: 2011 Wis. Act 32 eliminated one of the members of the council without changing the number of members.

AB562,6 Section 6. 16.301 (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, section 3450m, is amended to read:

AB562,5,1 16.301 Definitions. (intro.) In this subchapter ss. 16.301 to 16.315:

Note: Corrects cross-reference. Sections 16.301 to 16.315 were renumbered from ss. 560.9801 to 560.9815, which made up an entire subchapter. Sections 16.301 to 16.315 were renumbered to be a part of subchapter I of Chapter 16 and the definitions in s. 16.301 do not apply to the entire subchapter.

AB562,7 Section 7. 16.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB562,5,9 16.50 (3) (b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c), (2), or (2j), by the investment board under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

Note: Inserts missing commas.

AB562,8 Section 8. The treatment of 16.505 (1) (intro.) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.505 (1) (intro.) reads:

(1) Except as provided in subs. (2), (2g), (2j), (2m), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB562,9 Section 9. 16.70 (11m) of the statutes is repealed.

Note: Section 16.70 (11m) defines "recyclable material" in s. 16.70, but the term does not appear in s. 16.70.

AB562,10 Section 10. 16.75 (8) (a) 1. and 2. of the statutes are renumbered 16.75 (8) (am) and (bm).

Note: Section 16.75 (8) does not have multiple paragraphs as currently numbered.

AB562,11 Section 11. 16.75 (10e) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB562,6,18 16.75 (10e) (b) If s. 16.855 (10s) (a) provides an applicable standard for the type of agency energy consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

Note: Inserts correct word as indicated by drafting records for 2011 Wis. Act 32.

AB562,12 Section 12. 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act 32, section 267, is amended to read:

AB562,7,11 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system, and except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state.

Note: Text inserted by 2011 Wis. Act 32, section 266, was removed by Act 32, section 267, without being shown as stricken. Drafting records show that no change was intended. Also makes a cross-reference more specific. "Construction work" is defined in s. 16.87 (1) (a).

AB562,13 Section 13. 16.854 (2) (intro.) of the statutes is amended to read:

AB562,8,15 16.854 (2) (intro.) Subject to the requirements of s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employees hired because of the contract will be minority group members and at least 5% of the employees hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:

Note: Makes cross-reference more specific. "Construction work" is defined in s. 16.87 (1) (a).

AB562,14 Section 14. 20.505 (1) (gr) of the statutes, as affected by 2011 Wisconsin Act 32, section 406, is amended to read:

AB562,9,2 20.505 (1) (gr) Disabled veteran-owned, woman-owned, and minority business certification fees. All moneys received from fees collected under s. 16.283 (3) (c) for the costs of certifying disabled veteran-owned businesses under s. 16.283; all moneys received from fees collected under s. 16.285 (1) (bm), for the costs of certifying woman-owned businesses under s. 6.285 16.285; and all moneys received from fees collected under s. 16.287 (2) (dm) for the costs of certifying minority businesses under s. 16.287.

Note: Corrects cross-reference. 2011 Wis. Act 32 renumbered s. 560.035 to s. 16.285, but the cross-reference in this provision was changed from s. 560.035 (1) to s. 6.285. There is no s. 6.285.