Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,67,4 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or punch or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

SB55-ASA1-AA1,67,15 (2) (a) At a general election, if the elector places a mark, symbol or sticker or punches a hole under a party designation at the head of a column in or near the space indicated for that purpose, it is a vote for all the candidates whose names appear in the marked or punched column except as otherwise provided in this paragraph. If a name is stricken, it is not a vote for that candidate. If a name is written in, it is a vote for the write-in candidate. If a sticker is attached it is a vote for the candidate whose name appears on the sticker. If in some other column there is a mark or punch in the square to the right of a specific candidate's name or at the place designated on the ballot for marking or punching a vote for a specific candidate for the same office, it is a vote for that specific candidate and no vote may be counted for the candidate for the same office in the column marked or punched for a straight party vote.

SB55-ASA1-AA1,67,18 (b) A ballot cast without any marks, or stickers or punches may not be counted. A ballot without a mark or punch at the top of a party column may be counted only for persons for whom marks or punches are applicable.

SB55-ASA1-AA1,68,5 (d) If an elector writes a person's name in the proper space for write-in candidates for an office, it is a vote for the person written in for the office indicated, regardless of whether the elector strikes the names appearing in the same column for the same office, or places a mark or punch by the same or any other name for the same office, or omits placing a mark or punch to the right of the name written in. If an elector is permitted to vote for more than one candidate for the same office in an election and casts one or more write-in votes which, when added to the votes cast for candidates whose names appear on the ballot, exceed the number of votes authorized to be cast for the office, the write-in votes shall be counted and the votes for candidates whose names appear on the ballot may not be counted, unless there are more write-in votes than votes authorized to be cast, in which case no votes may be counted for the office.".

SB55-ASA1-AA1,68,6 15. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,68,7 " Section 97n. 13.097 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,68,9 13.097 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 97p Section 97p. 13.097 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,68,16 13.097 (2) (b) If the legislation conveys a lake bed area, the department shall describe the conveyance contained in the legislation. If the legislation amends a prior conveyance of a lake bed area, the department's report shall describe the prior conveyance and how it is amended by this legislation. The report shall include any written comments under sub. (3) and the department's findings under sub. (4) and its conclusions under sub. (6).

SB55-ASA1-AA1, s. 97q Section 97q. 13.097 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,68,23 13.097 (2) (c) Legislation that requires a report by the department under this section shall have that requirement noted on its jacket when the jacket is prepared. When legislation that requires a report under this section receives a jacket to be introduced or offered, the legislative reference bureau shall submit a copy of the legislation to the department and to the department of fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 97r Section 97r. 13.097 (3) of the statutes is created to read:

SB55-ASA1-AA1,69,4 13.097 (3) Comments of the department of fish, wildlife, parks, and forestry. The department of fish, wildlife, parks, and forestry may submit to the department of environmental management written comments on legislation specified under sub. (2) within 10 days after the legislation is introduced or offered.".

SB55-ASA1-AA1,69,5 16. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,69,6 " Section 95f. 11.385 of the statutes is created to read:

SB55-ASA1-AA1,69,9 11.385 Use of moneys derived from employment for political purposes. (1) In this section, "employer" includes the state and every local governmental unit, as defined in s. 16.97 (7).

SB55-ASA1-AA1,69,13 (2) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person, with the intention that the increase in salary, or the emolument, or a part of it, be used to make a contribution or disbursement.

SB55-ASA1-AA1,69,18 (3) No employer or labor organization may discriminate against an officer or employee with respect to any term or condition of employment for failing to make a contribution; failing to support or oppose a candidate, proposition, political party, or committee; or supporting or opposing a candidate, proposition, political party, or committee.

SB55-ASA1-AA1,70,2 (4) No employer or other person who is responsible for the disbursement of moneys in payment of wages or salaries may withhold any portion of an employee's wages or salary for the purpose of making a contribution to a committee or for use as a contribution to a committee except upon the written request of the employee. Any such request shall be made on a form prescribed by the board informing the employee of the prohibition under sub. (3). The request is valid for 12 months from the date on which it is made by the employee unless an earlier termination is provided or authorized under the agreement.

SB55-ASA1-AA1,70,10 (5) Each person who withholds moneys under sub. (4) shall maintain open for public inspection for a period of no less than 3 years from the date on which a withholding occurs, during normal business hours, documents and books of accounts which shall include a copy of each employee's request for withholding, the amounts and dates on which moneys are withheld under the request, and the amounts and dates on which moneys are transferred to any committee by the person. Each such person shall deliver or transmit copies of such information to the board upon its request.

SB55-ASA1-AA1, s. 95m Section 95m. 11.386 of the statutes is created to read:

SB55-ASA1-AA1,70,13 11.386 Use of deductions for payments to labor organizations. (1) In this section:

SB55-ASA1-AA1,70,14 (a) "All-union agreement" has the meaning given under s. 111.02 (1).

SB55-ASA1-AA1,70,16 (b) "Fair-share agreement" has the meaning given under s. 111.70 (1) (f) or 111.81 (9).

SB55-ASA1-AA1,70,21 (2) No labor organization may use moneys derived from an all-union agreement or a fair-share agreement that are paid by an individual who is not a member of the organization for the purpose of making a contribution or disbursement, unless authorized by the individual. Any contribution shall be authorized under s. 11.385 (4).".

SB55-ASA1-AA1,70,22 17. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,70,23 " Section 95d. 10.02 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,71,9 10.02 (3) (a) Upon entering the polling place and before being permitted to vote, an elector shall give state his or her name and address before being permitted to vote and shall present identification as required by law. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.".

SB55-ASA1-AA1,71,10 18. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,71,11 " Section 95f. 11.06 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,71,18 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB55-ASA1-AA1, s. 95m Section 95m. 11.06 (3) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,71,24 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall report on a form prescribed by the board the applicable information concerning that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB55-ASA1-AA1, s. 95r Section 95r. 11.12 (4) of the statutes is amended to read:

SB55-ASA1-AA1,72,5 11.12 (4) Each registrant shall report contributions, disbursements, and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).".

SB55-ASA1-AA1,72,6 19. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,72,7 " Section 94w. 9.20 (4) of the statutes is amended to read:

SB55-ASA1-AA1,72,19 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.".

SB55-ASA1-AA1,72,20 20. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,72,22 " Section 95r. 11.50 (3) (a) 1. of the statutes is renumbered 11.50 (3) (a) 2m. and amended to read:

SB55-ASA1-AA1,73,3 11.50 (3) (a) 2m. If After making any transfer required under subd. 1m., if an election for state superintendent is scheduled in the following year, the state treasurer shall transfer an amount equal to 8% of the fund shall be placed in to a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB55-ASA1-AA1, s. 95s Section 95s. 11.50 (3) (a) 2. of the statutes is renumbered 11.50 (3) (a) 1m. and amended to read:

SB55-ASA1-AA1,73,13 11.50 (3) (a) 1m. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) for candidates for the office of justice to a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer. Any unencumbered balance in the supreme court account after an election for the office of justice is held shall revert to the unallocated corpus of the fund.

SB55-ASA1-AA1, s. 95t Section 95t. 11.50 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,74,2 11.50 (3) (b) If a vacancy occurs in the office of justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) for candidates for the office of justice to the supreme court account. If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall, after making any transfer that is required to be made to the supreme court account, transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 to the superintendency account for the office in which the vacancy occurs, such. The moneys to shall be drawn transferred from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

SB55-ASA1-AA1, s. 95u Section 95u. 11.50 (3) (c) of the statutes is created to read:

SB55-ASA1-AA1,74,6 11.50 (3) (c) If there are insufficient moneys in the fund to make any transfer that is required to be made under par. (a) or (b), the state treasurer shall transfer the balance in the fund to the account to which the transfer is required to be made.".

SB55-ASA1-AA1,74,7 21. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,74,8 " Section 94sm. 10.01 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,74,17 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.

SB55-ASA1-AA1, s. 95m Section 95m. 10.06 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,74,24 10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).

SB55-ASA1-AA1, s. 95ms Section 95ms. 12.13 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,75,3 12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.

SB55-ASA1-AA1, s. 96m Section 96m. 12.13 (3) (e) and (j) of the statutes are amended to read:

SB55-ASA1-AA1,75,10 12.13 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.

SB55-ASA1-AA1,75,17 (j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.".

SB55-ASA1-AA1,75,18 22. Page 7, line 4: after that line insert:

SB55-ASA1-AA1,75,19 " Section 95p. 11.50 (2) (b) 5. of the statutes is amended to read:

SB55-ASA1-AA1,76,19 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 50% of whom reside in a county having territory within the legislative district in which the candidate seeks office, which contributions have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.".

SB55-ASA1-AA1,76,20 23. Page 8, line 3: delete "(eq) to (ex) (fq) to (fx)," and substitute "(eq) to (ex)".

SB55-ASA1-AA1,76,21 24. Page 8, line 15: after that line insert:

SB55-ASA1-AA1,76,23 " Section 99m. 13.101 (6) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,77,19 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (fq) to (fx) and (gq) to (gx), (3), (4) (aq) to (ax) (ay), and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.".

SB55-ASA1-AA1,77,20 25. Page 8, line 24: after that line insert:

SB55-ASA1-AA1,77,21 " Section 101m. 13.107 of the statutes is created to read:

SB55-ASA1-AA1,78,2 13.107 Review of certain proposed legal services contracts. (1) Upon the filing of a proposed legal services contract under s. 14.11 (2) (bh) or 20.930 (5), the chief clerk of the house to whom it is referred shall refer the proposed contract to the presiding officer of that house.

SB55-ASA1-AA1,78,4 (2) The presiding officer shall promptly refer any proposed contract under sub. (1) to the appropriate standing committee of the house.

SB55-ASA1-AA1,78,8 (3) Within 30 days after referral under sub. (2), a committee to which a proposed legal services contract is referred may hold a public hearing concerning the proposed contract and issue a report to the governor recommending changes to the proposed contract.".

SB55-ASA1-AA1,78,9 26. Page 9, line 19: after that line insert:

SB55-ASA1-AA1,78,10 " Section 102p. 13.205 of the statutes is created to read:

SB55-ASA1-AA1,78,16 13.205 Legislative hotline prohibited. (1) Except as provided in sub. (2), the joint committee on legislative organization, the assembly committee on organization, and the senate committee on organization may not maintain a toll-free telephone service for the use of members of the public to contact members of the legislature or for the use of members of the legislature to contact members of the public.

SB55-ASA1-AA1,78,21 (2) An organization committee under sub. (1) may maintain or allow the maintenance of one toll-free telephone service per member of the legislature for the use of members of the public to contact the member of the legislature. The senate committee on organization and the assembly committee on organization shall publish the number of the toll-free telephone service of each member of its house.".

SB55-ASA1-AA1,78,22 27. Page 9, line 19: after that line insert:

SB55-ASA1-AA1,78,23 " Section 102d. 13.123 (2) of the statutes is repealed.

SB55-ASA1-AA1, s. 102f Section 102f. 13.123 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,79,2 13.123 (3) (c) Paragraph (b) may not be construed to affect eligibility for any allowance authorized under sub. (1) or (2).".

SB55-ASA1-AA1,79,3 28. Page 9, line 19: after that line insert:

SB55-ASA1-AA1,79,4 " Section 102m. 13.123 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,79,15 13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1). Any expenses incurred by a legislator under s. 14.82 shall be reimbursed from the appropriation under s. 20.315 (1) (q).".

SB55-ASA1-AA1,79,16 29. Page 11, line 17: after that line insert:

SB55-ASA1-AA1,79,17 " Section 103m. 13.45 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,79,23 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 (1) (q) and s. 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.".

SB55-ASA1-AA1,79,24 30. Page 12, line 11: after that line insert:

SB55-ASA1-AA1,80,1 " Section 104v. 13.48 (10) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,80,4 13.48 (10) (b) 1. Contracts by the department of natural resources environmental management for construction work related to hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.".

SB55-ASA1-AA1,80,5 31. Page 12, line 11: after that line insert:

SB55-ASA1-AA1,80,6 " Section 104r. 13.48 (10) (a) of the statutes is amended to read:

SB55-ASA1-AA1,80,18 13.48 (10) (a) No state board, agency, officer, department, commission, or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".