AB846: Bill Text

LRB-3357/1

BJH:emw

2017 - 2018 LEGISLATURE

2017 Assembly BILL 846

January 16, 2018 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB846,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (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.

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

AB846,1 Section 1 . 7.31 (5) of the statutes, as affected by 2015 Wisconsin Act 118, section 266, is amended to read:

AB846,1,9 7.31 (5) The commission shall conduct regular training programs to ensure that individuals who are certified by the commission under this section are knowledgeable concerning their authority and responsibilities. The commission shall pay all costs required to conduct the training programs from the appropriation under s. 20.511 20.510 (1) (bm).

Note: Inserts correct cross-reference. Section 20.511 (1) (bm) was renumbered to s. 20.510 (1) (bm) by 2015 Wis. Act 118.

AB846,2 Section 2 . The treatment of 7.315 (1) (b) 1. of the statutes by 2015 Wisconsin Act 229 is not repealed by 2015 Wisconsin Act 261. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 7.315 (1) (b) 1. reads:

1. Each inspector other than a chief inspector and each special voting deputy appointed under s. 6.875 shall view or attend at least one training program every 2 years during the period beginning on January 1 of each even-numbered year and ending on December 31 of the following year. Except as provided in subd. 2., no individual may serve as an inspector, other than a chief inspector, or as a special voting deputy under s. 6.875 at any election unless the individual has completed training for that election provided by the municipal clerk pursuant to rules promulgated under par. (a) within 2 years of the date of the election.

AB846,3 Section 3 . The treatment of 7.315 (1) (b) 2. of the statutes by 2015 Wisconsin Act 229 is not repealed by 2015 Wisconsin Act 261. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 7.315 (1) (b) 2. reads:

2. Only when an individual who has received training under subd. 1. is unavailable to perform his or her election duties due to sickness, injury, or other unforeseen occurrence may an individual who has not received training under subd. 1. be appointed to serve as an inspector, other than chief inspector, or a special voting deputy. The appointment of an individual to serve under this subdivision shall be for a specific election and no individual may be appointed under this subdivision more than one time in a 2-year period beginning on January 1 of each even-numbered year and ending on December 31 of the following year.

AB846,4 Section 4 . 11.0102 (3) (j) of the statutes, as created by 2015 Wisconsin Act 117, is amended to read:

AB846,3,2 11.0102 (3) (j) Determine whether each report or statement required to be filed under this chapter has been filed in the form and by the time prescribed by law, and whether it conforms on its face to the requirements of this chapter. The officer shall immediately send to any committee that is delinquent in filing, or that has filed otherwise than in the proper form, a notice that the committee has failed to comply with this chapter. Whenever a candidate committee has appointed an individual other than the candidate as campaign treasurer, the commission officer shall send the notice to both the candidate and the treasurer of the candidate committee.

Note: Inserts the correct term. Section 11.0102 (3) (intro.) requires “each filing officer, other than the commission" to take the actions under sub. (3) (a) to (j) and creates no obligations for the ethics commission. Section 11.0102 (3) (j), as created by 2015 Wis. Act 117, was derived from and is nearly identical to the previously existing s. 11.22 (9), which placed the obligation in the 3rd sentence to send the notice on the filing officer.

AB846,5 Section 5 . 15.61 (3) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB846,3,7 15.61 (3) No member, while serving on the board commission, may become a candidate, as defined in s. 11.0101 (1), for state office or local office, as defined in s. 5.02.

Note: Makes terminology consistent with changes made by 2015 Wis. Act 118. Section 15.61 (3) was renumbered from s. 15.60 (6) by Act 118. Section 15.60 related to the creation and membership of the Government Accountability Board. Section 15.61 relates to the creation and membership of the Elections Commission.

AB846,6 Section 6 . 16.855 (22) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB846,3,18 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project exempted under sub. (12m) or (24), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

NOTE: The creation of s. 16.855 (24) by 2015 Wis. Act 55 was removed from Act 55 by the governor's partial veto.

AB846,7 Section 7. 23.33 (2) (ig) 1. a. of the statutes, as affected by 2015 Wisconsin Act 89, is amended to read:

AB846,4,6 23.33 (2) (ig) 1. a. A procedure under which the department or an agent appointed under par. (i) 3. accepts applications for registration documents and issues temporary operating receipts at the time applicants submit applications accompanied by the required fees.

Note: Inserts missing word. Makes provision identical to ss. 30.52 (1m) (ag) 1. a. and 350.12 (3h) (ag) 1. a., as affected by 2015 Wis. Act 89.

AB846,8 Section 8 . The treatment of 29.024 (7) of the statutes by 2015 Wisconsin Act 89 is not repealed by 2015 Wisconsin Act 222. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 29.024 (7) reads:

(7) Duplicates. If any license, permit, certificate, or card is lost, the person to whom the license, permit, certificate, or card was issued may apply to the department for a duplicate by submitting an affidavit proving loss. The department may accept information in a form other than an affidavit. The department shall make an inquiry and investigation as it considers necessary. If the department is satisfied that the loss has been proven, the department may issue a duplicate license, permit, certificate, or card to the applicant. Tags issued with a license, permit, certificate, or card are parts of the license, permit, certificate, or card and loss of any part is considered to be loss of the entire license, permit, certificate, or card. Upon applying for a duplicate license, permit, certificate, or card, the original is no longer valid and the applicant shall surrender all parts of the original remaining in his or her possession to the department. No person may possess any original license, permit, certificate, or card for which a duplicate has been issued. No duplicate stamp may be issued and, if a stamp is lost, the person to whom it was issued is required to apply for and pay the regular fee in order to receive a new stamp.

AB846,9 Section 9 . 29.361 (3m) of the statutes is amended to read:

AB846,4,12 29.361 (3m) Notwithstanding subs. (1), (2), (2m), (3), and (5), no person may receive for transportation, transport, or attempt to transport the carcass of a cervid in violation of rules promulgated by the department under s. 29.063 (3).

Note: Section 29.361 (2) was repealed by 2015 Wis. Act 89.

AB846,10 Section 10. 30.19 (1m) (dm) of the statutes, as created by 2015 Wisconsin Act 387, is amended to read:

AB846,5,4 30.19 (1m) (dm) The dredging of any part of an artificial water body that does not connect with a navigable waterway. An artificial water body that meets the requirements of this paragraph includes a stormwater management pond that does not discharge into a navigable waterway except as a result of storm events.

Note: Inserts a missing word to adopt a defined term applicable to s. 30.19, consistent with the word usage in the paragraph and the remainder of s. 30.19.

AB846,11 Section 11 . 30.26 (4) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act 170, is amended to read:

AB846,5,12 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an all-terrain vehicle trail, as defined under s. 23.33 (1) (d), by an off-highway motorcycle traveling on an off-highway motorcycle trail designated under sub. s. 23.335 (19) (b), or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed in any of the following locations:

Note: Inserts correct cross-reference.

AB846,12 Section 12 . 33.55 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 226, is amended to read:

AB846,5,20 33.55 (2) (d) The term of a commissioner appointed under sub. (1) (w) or (x) begins on and ends on dates determined by the appointing authority. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy. The appointing authority shall inform the board of commissioners in writing that a new commissioner is appointed no more than 90 days after the appointment.

Note: Removes unnecessary word and makes the language of s. 33.55 (2) (b) and (d), as affected by 2015 Wis. Act 226, consistent.

AB846,13 Section 13. 36.11 (11m) (a) (intro.) and (b) of the statutes, as created by 2015 Wisconsin Act 55, are amended to read:

AB846,6,4 36.11 (11m) (a) (intro.) The board may invest revenues from gifts, grants, and donations by doing any of the following:

AB846,6,7 (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from gifts, grants, and donations in the state investment fund if the board invests these moneys as provided in par. (a).

Note: Inserts “and" made necessary as the result of the governor's partial veto of 2015 Wis. Act 55, section 1162r.

AB846,14 Section 14 . 45.01 (9) of the statutes is amended to read:

AB846,6,12 45.01 (9) “Permanently and totally disabled veteran" means a person who is receiving 100 percent disability compensation from the U.S. department of veterans affairs under 38 USC 301 to 315, 331 to 337, and 350 to 362 1101 to 1115, 1131 to 1137, and 1151 to 1162, due to a permanent and total service-connected disability.

NOTE: The underscored language reflects the renumbering of the U.S. Code provisions by P.L. 102-83.

AB846,15 Section 15 . 48.185 (3) (title) of the statutes is created to read:

AB846,6,14 48.185 (3) (title) Transition-to-independent-living proceedings.

Note: The other subsections in s. 48.185 have titles.

AB846,16 Section 16 . 48.437 (2) of the statutes, as created by 2015 Wisconsin Act 373, is amended to read:

AB846,7,5 48.437 (2) Emergency change in placement. If emergency conditions necessitate an immediate change in the placement of a child who is the subject of a guardianship order under s. 48.427 (3) (3m) (a) 1. to 4., (am), or (b), the agency appointed as the guardian of the child may remove the child to a new placement without the prior notice under sub. (1) (a). Notice of the emergency change in placement shall be sent to all persons specified in sub. (1) (a) 1. and filed with the court within 48 hours after the emergency change in placement. The court may hold a hearing on the matter as provided in sub. (1) (bm). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under s. 48.345 (3).

Note: Inserts the correct cross-reference consistent with s. 48.437 (1) and (2v) (b). There is no s. 48.427 (3) (a), (am), or (b).

AB846,17 Section 17 . The treatment of 48.545 (2) (a) (intro.) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.545 (2) (a) (intro.) reads:

(a) From the appropriations under s. 20.437 (1) (eg), (kb), and (nL), the department, subject to par. (am), shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 750,000 or more, $1,171,800 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 750,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following:

AB846,18 Section 18 . The treatment of 48.57 (3m) (b) 1. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3m) (b) 1. reads:

1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB846,19 Section 19 . The treatment of 48.57 (3n) (b) 1. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3n) (b) 1. reads:

1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB846,20 Section 20. The treatment of 48.57 (3p) (hm) of the statutes by 2015 Wisconsin Act 166 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3p) (hm) reads:

(hm) A county department or, in a county having a population of 750,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person's ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f).

AB846,21 Section 21 . 48.685 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 129, is amended to read:

AB846,8,15 48.685 (1) (b) “Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; an interim caretaker to whom subsidized guardianship payments are made under s. 48.623 (6); a person who is proposed to be named as a successor guardian in a successor subsidized guardianship agreement under s. 48.623 (2); a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; an organization that facilitates delegations of the care and custody of children under s. 48.979; or a temporary employment agency that provides caregivers to another entity.

Note: Inserts correct term. Section 48.623 (2) relates to “subsidized guardianship agreements" and contains no reference to “successor guardianship agreements."

AB846,22 Section 22 . The treatment of 48.685 (4m) (a) (intro.) of the statutes by 2015 Wisconsin Act 129 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (a) (intro.) reads:

(a) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home under s. 48.62, the department in a county having a population of 750,000 or more or a county department may not provide subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm), and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:

AB846,23 Section 23 . The treatment of 48.685 (4m) (ad) of the statutes by 2015 Wisconsin Act 129 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (ad) reads: