LRB-3392/1
BJH:cjs:jf
2009 - 2010 LEGISLATURE
November 10, 2009 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
AB568,1,3
1An Act relating to: revising various provisions of the statutes for the purpose
2of correcting errors, supplying omissions, and eliminating defects (Correction
3Bill).
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., corrects and clarifies ambiguous
effective dates for provisions contained in
2009 Wisconsin Act 28. 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:
AB568,2,186
20.410
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
7and (hr), the amounts in the schedule for juvenile correctional services specified in
8s. 301.26 (4) (c) and (d). All moneys received from the sale of surplus property,
1including vehicles, from juvenile correctional institutions operated by the
2department, all moneys received as payments in restitution of property damaged at
3juvenile correctional institutions operated by the department, all moneys received
4from miscellaneous services provided at a juvenile correctional institution operated
5by the department, all moneys transferred from the appropriation accounts under
6pars. (ho) and (hr) as provided in
2009 Wisconsin Act 28, section
9211 (1), all moneys
7transferred under s. 301.26 (4) (cm), and, except as provided in par. (hr), all moneys
8received in payment for juvenile correctional services specified in s. 301.26 (4) (d),
9(dt), and (g) shall be credited to this appropriation account. If moneys generated by
10the daily rate under s. 301.26 (4) (d) exceed actual fiscal year institutional costs by
112% or more, all moneys in excess of that 2% shall be remitted to the counties during
12the subsequent calendar year or transferred to the appropriation account under par.
13(kx) during the subsequent fiscal year. Each county and the department shall receive
14a proportionate share of the remittance and transfer depending on the total number
15of days of placement at juvenile correctional institutions including the Mendota
16Juvenile Treatment Center. Counties shall use the funds for purposes specified in
17s. 301.26. The department shall deposit in the general fund the amounts transferred
18under this paragraph to the appropriation account under par. (kx).
Note: 2009 Wis. Act 28, section
9411 (1), contained an incorrect cross-reference
that resulted in a possible ambiguity in the effective dates for the treatments of s. 20.410
(3) (hm) by Act 28.
Sections 1 and 2 of this bill, together with the delayed effective date
specified in
Section 12 (3) of this bill, clarify the effective dates for the treatments of
section 20.410 (3) (hm) in Act 28 as follows:
Section 1. The treatment of s. 20.410 (3) (hm) by section 313 of Act 28 is in effect
until July 1, 2010.
Section 2. The treatment of s. 20.410 (3) (hm) by section 314 of Act 28 takes effect
on July 1, 2010.
Sections 1 and 2 of this bill reflect the statute text from sections 313 and 314 of
Act 28, respectively.
AB568, s. 2
1Section
2. 20.410 (3) (hm) of the statutes, as affected by 2009 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB568,3,223
20.410
(3) (hm)
Juvenile correctional services. Except as provided in pars. (ho)
4and (hr), the amounts in the schedule for juvenile correctional services specified in
5s. 301.26 (4) (c) and (d). All moneys received from the sale of surplus property,
6including vehicles, from juvenile correctional institutions operated by the
7department, all moneys received as payments in restitution of property damaged at
8juvenile correctional institutions operated by the department, all moneys received
9from miscellaneous services provided at a juvenile correctional institution operated
10by the department, all moneys transferred under s. 301.26 (4) (cm), and, except as
11provided in par. (hr), all moneys received in payment for juvenile correctional
12services specified in s. 301.26 (4) (d), (dt), and (g) shall be credited to this
13appropriation account. If moneys generated by the daily rate under s. 301.26 (4) (d)
14exceed actual fiscal year institutional costs by 2% or more, all moneys in excess of
15that 2% shall be remitted to the counties during the subsequent calendar year or
16transferred to the appropriation account under par. (kx) during the subsequent fiscal
17year. Each county and the department shall receive a proportionate share of the
18remittance and transfer depending on the total number of days of placement at
19juvenile correctional institutions including the Mendota Juvenile Treatment Center.
20Counties shall use the funds for purposes specified in s. 301.26. The department
21shall deposit in the general fund the amounts transferred under this paragraph to
22the appropriation account under par. (kx).
Note: See the Note for Section 1 of this bill.
AB568,4,19
120.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
2providing foster care, treatment foster care, group home care, and institutional child
3care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52.
4All moneys transferred under s. 301.26 (4) (cm) and all moneys received in payment
5for providing foster care, treatment foster care, group home care, and institutional
6child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and
7938.52 as specified in s. 301.26 (4) (e) and (ed) shall be credited to this appropriation
8account. If moneys generated by the daily rate exceed actual fiscal year foster care,
9treatment foster care, group home care, and institutional child care costs, that excess
10shall be transferred to the appropriation account under par. (hm) as provided in
2009
11Wisconsin Act 28, section
9211 (1), except that, if those moneys generated exceed
12those costs by 2% or more, all moneys in excess of 2% shall be remitted to the counties
13during the subsequent calendar year or transferred to the appropriation account
14under par. (kx) during the subsequent fiscal year. Each county and the department
15shall receive a proportionate share of the remittance and transfer depending on the
16total number of days of placement in foster care, treatment foster care, group home
17care, or institutional child care. Counties shall use the funds for purposes specified
18in s. 301.26. The department shall deposit in the general fund the amounts
19transferred under this paragraph to the appropriation account under par. (kx).
Note: 2009 Wis. Act 28, section
9411 (1), contained an incorrect cross-reference
that resulted in a possible ambiguity in the effective dates for the treatments of s. 20.410
(3) (ho) by Act 28.
Sections 3, 4, and 5 of this bill, together with the delayed effective dates
specified in
Section 12 (1) and (2) of this bill, clarify the effective dates for the treatments
of section 20.410 (3) (ho) in Act 28 as follows:
Section 3. The treatment of s. 20.410 (3) (ho) by section 315 of Act 28 is in effect
until the treatment of s. 20.410 (3) (ho) by section 316 or 317 take effect.
Section 4. The treatment of s. 20.410 (3) (ho) by section 316 of Act 28 takes effect
on the effective date specified in the Wisconsin Administrative Register as
provided in section 9408 (6) of Act 28.
Section 5. The treatment of s. 20.410 (3) (ho) by section 317 of Act 28 takes effect
on July 1, 2010, or on the effective date specified in the Wisconsin Administrative
Register as provided in section 9408 (6) of Act 28, whichever is later.
Sections 3, 4, and 5 of this bill reflect the statute text shown in sections 315, 316,
and 317 of Act 28, respectively.
AB568, s. 4
1Section
4. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), section 3, is repealed and recreated to read:
AB568,5,203
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
4providing foster care, group home care, and institutional child care to delinquent
5juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys
6transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing
7foster care, group home care, and institutional child care to delinquent juveniles
8under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4)
9(e) and (ed) shall be credited to this appropriation account. If moneys generated by
10the daily rate exceed actual fiscal year foster care, group home care, and institutional
11child care costs, that excess shall be transferred to the appropriation account under
12par. (hm) as provided in
2009 Wisconsin Act 28, section
9211 (1), except that if those
13moneys generated exceed those costs by 2% or more, all moneys in excess of 2% shall
14be remitted to the counties during the subsequent calendar year or transferred to the
15appropriation account under par. (kx) during the subsequent fiscal year. Each
16county and the department shall receive a proportionate share of the remittance and
17transfer depending on the total number of days of placement in foster care, group
18home care, or institutional child care. Counties shall use the funds for purposes
19specified in s. 301.26. The department shall deposit in the general fund the amounts
20transferred under this paragraph to the appropriation account under par. (kx).
Note: See the Note for Section 3 of this bill.
AB568, s. 5
1Section
5. 20.410 (3) (ho) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), section 4, is repealed and recreated to read:
AB568,6,183
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
4providing foster care, group home care, and institutional child care to delinquent
5juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52. All moneys
6transferred under s. 301.26 (4) (cm) and all moneys received in payment for providing
7foster care, group home care, and institutional child care to delinquent juveniles
8under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 as specified in s. 301.26 (4)
9(e) and (ed) shall be credited to this appropriation account. If moneys generated by
10the daily rate exceed actual fiscal year foster care, group home care, and institutional
11child care costs by 2% or more, all moneys in excess of 2% shall be remitted to the
12counties during the subsequent calendar year or transferred to the appropriation
13account under par. (kx) during the subsequent fiscal year. Each county and the
14department shall receive a proportionate share of the remittance and transfer
15depending on the total number of days of placement in foster care, group home care,
16or institutional child care. Counties shall use the funds for purposes specified in s.
17301.26. The department shall deposit in the general fund the amounts transferred
18under this paragraph to the appropriation account under par. (kx).
Note: See the Note for Section 3 of this bill.
AB568,6,2221
39.435
(8) The board shall award grants under this section to University of
22Wisconsin System students from the appropriations under s. 20.235 (1) (fe) and (ke).
Note: 2009 Wis. Act 28 contains two treatments of s. 39.435 (8). Section 761 of Act
28 amended s. 39.435 (8) effective July 1, 2010. Section 762 of Act 28 amended s. 39.435
(8), as affected by section 761, but without a specified delayed effective date, which
resulted in a possible ambiguity in the effective dates for the treatments of s. 39.435 (8)
by Act 28.
Sections 6 and 7 of this bill, together with the delayed effective date specified
in
Section 12 (3) of this bill, clarify the effective dates for the two treatments of s. 39.435
(8) as follows:
Section 6. The treatment of s. 39.435 (8) by section 761 of Act 28 is in effect until
July 1, 2010.
Section 7. The treatment of s. 39.435 (8) by section 762 takes effect July 1, 2010.
Sections 6 and 7 of this bill reflect the statute text shown in sections 761 and 762
of Act 28, respectively.
AB568, s. 7
1Section
7. 39.435 (8) of the statutes, as affected by 2009 Wisconsin Act .... (this
2act), is repealed and recreated to read:
AB568,7,43
39.435
(8) The board shall award grants under this section to University of
4Wisconsin System students from the appropriation under s. 20.235 (1) (fe).
Note: See the Note for Section 6 of this bill.
AB568,7,97
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
8right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12,
9109.03, 109.07, 109.075 or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB568,7,1310
(b) The individual testifies or assists in any action or proceeding held under or
11to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50,
12104.12, 109.03, 109.07, 109.075 or 146.997 or ss. 101.58 to 101.599 or 103.64 to
13103.82.
Note: Section 111.322 (2m) (a) and (b) were amended effective April 1, 2010, by
2009 Wis. Act 3 and, as affected by Act 3, by
2009 Wis. Act 28. Act 28 did not provide a
delayed effective date for the Act 28 treatment, which resulted in a possible ambiguity
in the effective date for the Act 28 treatment.
Sections 8 and 9 of this bill, together with
the delayed effective date specified in
Section 12 (4) of this bill, clarify the effective date
for the Act 28 treatment as follows:
Section 8. Section 111.322 (2m) (a) and (b), as they were in effect before any
treatment by
2009 Wis. Acts 3 or 28, remain in effect until the treatment by
Section 9
of this bill — which reflects the treatments by
2009 Wis. Acts 3 and
28 — takes effect.
Section 9. The treatments of s. 111.322 (2m) (a) and (b) by Acts 3 and 28 take effect
on April 1, 2010.
Section 8. of this bill reflects the text of s. 111.322 (2m) (a) and (b) before enactment
of Acts 3 and 28, and Section 9 of this bill reflects the text as affected by Acts 3 and 28.
AB568, s. 9
1Section
9. 111.322 (2m) (a) and (b) of the statutes, as affected by 2009
2Wisconsin Act .... (this act), are repealed and recreated to read:
AB568,8,63
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
4right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
5104.12, 106.04, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64
6to 103.82.
