SB110: Bill Text Engrossed

SB110-engrossed, s. 51 Section 51. 12.07 (2) of the statutes is amended to read:

SB110-engrossed,27,3 12.07 (2) No employer may refuse to allow an employee to serve as an election official under s. 7.30 or make any threats or offer any inducements of any kind to the employee for the purpose of preventing the employee from so serving.

SB110-engrossed, s. 52 Section 52. 12.13 (3) (x) of the statutes is amended to read:

SB110-engrossed,27,9 12.13 (3) (x) Refuse to obey a lawful order of an inspector or special voting deputy made for the purpose of enforcing the election laws; engage in disorderly behavior at or near a polling place or at or near a satellite absentee voting station designated under s. 6.873 (1); or interrupt or disturb the voting or canvassing proceedings.

SB110-engrossed, s. 53 Section 53. 17.29 of the statutes is amended to read:

SB110-engrossed,27,17 17.29 Effect of chapter. The provisions of this chapter supersede all contrary provisions in either the general law or in special acts, except ch. 7 ss. 6.26 (2) (b), 6.28 (2) (b), 6.285, 6.873, 6.875, and 7.30 relating to appointed election officers appointed for the election wards or polling places in the state officials and ch. 21 relating to the military staff of the governor and to officers of the Wisconsin national guard; and shall govern all offices whether created by general law or special act, unless otherwise specially provided.

SB110-engrossed, s. 54 Section 54. 19.32 (1c) of the statutes is amended to read:

SB110-engrossed,27,22 19.32 (1c) "Incarcerated person" means a person who is incarcerated in a penal facility or who is placed on probation and given confinement under s. 973.09 (4) (a) as a condition of placement, during the period of confinement for which the person has been sentenced.

SB110-engrossed, s. 55 Section 55. 20.921 (2) (b) of the statutes is amended to read:

SB110-engrossed,28,3 20.921 (2) (b) The head of each state agency or the chief executive officer of the University of Wisconsin Hospitals and Clinics Authority shall deduct from the salary of any employee the amount certified under s. 7.33 (5) (a) which is received by the employee for service as an election official while the employee is on a paid leave of absence under s. 7.33 (3).

SB110-engrossed, s. 56 Section 56. 67.05 (3) (f) of the statutes is amended to read:

SB110-engrossed,28,22 67.05 (3) (f) If a special purpose district calls a referendum to be held in conjunction with a state, county, municipal, or judicial election, the polling places for the state, county, municipal, or judicial election shall be the polling places for the special purpose district referendum and the municipal election hours shall apply. If no state, county, municipal, or judicial election is held on the day of the special purpose district referendum, the governing body of the special purpose district may set the election hours and select the polling places to be used, except as otherwise provided in s. 120.06 (9) (b) in the case of a school district. If a polling place located in the special purpose district that was utilized at the most recent spring or general election is not utilized by the special purpose district, the governing body of the special purpose district shall post a notice on the door of the polling place indicating all polling places open for voting. Election hours set by the governing body of the special purpose district for each polling place shall be the same as those provided by the governing body of the municipality in which the polling place is located, except that if the opening hour is later than 7 a.m., the governing body of the special purpose district may extend the opening hour to not earlier than 7 a.m. The municipal clerk of each municipality in which a polling place is located shall provide the necessary equipment to operate the polling place.

SB110-engrossed, s. 57 Section 57. 111.93 (3) of the statutes is amended to read:

SB110-engrossed,29,7 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB110-engrossed, s. 58 Section 58. 120.06 (9) (a) of the statutes is amended to read:

SB110-engrossed,29,20 120.06 (9) (a) The primary and spring elections for school board members shall be conducted by the election officials for state and municipal elections. In a school board election held in conjunction with a state, county, municipal , or judicial election, the polling places for the state, county, municipal, or judicial election shall be the polling places for the school board election and the municipal election hours shall apply. If no state, county, municipal, or judicial election is held on the day of the school board election, the school board may set the election hours and select the polling places to be used. The election costs shall be charged as provided in ss. 5.68 and 7.03. Election hours set by the school board shall be the same as those provided by the municipal governing body in which the polling place is located, except that if the opening hour is later than 7 a.m., the school board may extend the opening hour to not earlier than 7 a.m.

SB110-engrossed, s. 59 Section 59. 302.117 of the statutes is created to read:

SB110-engrossed,29,25 302.117 Notice regarding ineligibility to vote. When an inmate who is disqualified from voting under s. 6.03 (1) (b) is released to parole or extended supervision, the department shall inform the person that he or she may not vote in any election until his or her civil rights are restored.

SB110-engrossed, s. 60 Section 60. 303.09 (1) of the statutes is amended to read:

SB110-engrossed,30,5 303.09 (1) The county board of any county may establish, relocate and maintain an unlocked facility for use exclusively by persons granted leave privileges under s. 303.08 (1) and persons confined under s. 973.09 (4) (a) or 973.11 (1) (b). The facility need not be located at the county seat.

SB110-engrossed, s. 61 Section 61. 303.09 (2) of the statutes is amended to read:

SB110-engrossed,30,13 303.09 (2) The county boards of 2 or more counties may jointly establish, relocate and maintain a facility described in sub. (1). The operation and expenses of the facility shall be governed by an agreement between those counties. In a jointly established facility, authority under ss. 303.08 (2m), 973.09 (4) (a) and 973.11 (1) (b) may be exercised by a sheriff of any of the counties which jointly establish the facility. The agreement shall specify who has authority to act under ss. 303.08 (2m), 973.09 and 973.11 (1) (b).

SB110-engrossed, s. 62 Section 62. 946.42 (1) (a) of the statutes is amended to read:

SB110-engrossed,31,5 946.42 (1) (a) "Custody" includes without limitation actual custody of an institution, including a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), a secured group home, as defined in s. 938.02 (15p), a secure detention facility, as defined in s. 938.02 (16), a Type 2 child caring institution, as defined in s. 938.02 (19r), or a juvenile portion of a county jail, or of a peace officer or institution guard and constructive custody of prisoners and juveniles subject to an order under s. 48.366, 938.183, 938.34 (4d), (4h) or (4m) or 938.357 (4) or (5) (e) temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068, a temporary leave or furlough granted to a juvenile or otherwise. Under s. 303.08 (6) it means, without limitation, that of the sheriff of the county to which the prisoner was transferred after conviction. It does not include the custody of a probationer, parolee or person on extended supervision by the department of corrections or a probation, extended supervision or parole officer or the custody of a person who has been released to aftercare supervision under ch. 938 unless the person is in actual custody or is subject to a confinement order under s. 973.09 (4) (a).

SB110-engrossed, s. 63 Section 63. 946.425 (1r) (a) of the statutes is amended to read:

SB110-engrossed,31,10 946.425 (1r) (a) Any person who is subject to a confinement order under s. 973.09 (4) (a) as the result of a conviction for a misdemeanor and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class A misdemeanor.

SB110-engrossed, s. 64 Section 64. 946.425 (1r) (b) of the statutes is amended to read:

SB110-engrossed,31,15 946.425 (1r) (b) Any person who is subject to a confinement order under s. 973.09 (4) (a) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D felony.

SB110-engrossed, s. 65 Section 65. 946.425 (2) of the statutes is amended to read:

SB110-engrossed,31,22 946.425 (2) A court shall impose a sentence under this section consecutive to any sentence previously imposed or that may be imposed for any crime or offense for which the person was sentenced under s. 973.03 (5) (b) or 973.15 (8) (a), consecutive to any sentence that may apply to the person under s. 973.10 (2) or consecutive to any confinement order under s. 973.09 (4) (a) previously issued by a court regarding the person.

SB110-engrossed, s. 66 Section 66. 968.255 (7) (d) of the statutes is amended to read:

SB110-engrossed,31,24 968.255 (7) (d) Is confined as a condition of probation under s. 973.09 (4) (a).

SB110-engrossed, s. 67 Section 67. 973.033 of the statutes is renumbered 973.176 (1), and 973.176 (1) (title), as renumbered, is amended to read:

SB110-engrossed,32,3 973.176 (1) (title) Sentencing; restriction on firearm Firearm possession.

SB110-engrossed, s. 68 Section 68. 973.034 of the statutes is renumbered 973.176 (3), and 973.176 (3) (title), as renumbered, is amended to read:

SB110-engrossed,32,7 973.176 (3) (title) Sentencing; restriction on child Child sex offender working with children.

SB110-engrossed, s. 69 Section 69. 973.09 (1) (d) (intro.) of the statutes is amended to read:

SB110-engrossed,32,15 973.09 (1) (d) (intro.) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) (a) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

SB110-engrossed, s. 70 Section 70. 973.09 (4) of the statutes is renumbered 973.09 (4) (a).

SB110-engrossed, s. 71 Section 71. 973.09 (4) (b) of the statutes is created to read:

SB110-engrossed,32,22 973.09 (4) (b) If a person who is disqualified from voting under s. 6.03 (1) (b) is confined under par. (a) and remains on probation after completing the period of confinement, the department shall inform the person upon the completion of the period of confinement that he or she may not vote in any election until his or her civil rights are restored.

SB110-engrossed, s. 72 Section 72. 973.09 (7m) (a) of the statutes is amended to read:

SB110-engrossed,33,10 973.09 (7m) (a) Except as provided in s. 943.017 (3), the court may require as a condition of probation that the probationer perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the probationer and the organization or agency. The court shall ensure that the probationer is provided a written statement of the terms of the community service order and that the community service order is monitored. If the court requires the conditions provided in this subsection and sub. (4) (a), the probationer reduces the period of confinement under sub. (4) (a) at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed.

SB110-engrossed, s. 73 Section 73. 973.11 (1) (b) of the statutes is amended to read:

SB110-engrossed,33,13 973.11 (1) (b) Any requirement that the court may impose under s. 973.09 (1g), (1x), (4) (a), and (7m).

SB110-engrossed, s. 74 Section 74. 973.176 (title) and (2) of the statutes are created to read:

SB110-engrossed,33,18 973.176 (title) Notice of restrictions. (2) Voting. Whenever a court imposes a sentence or places a defendant on probation for a conviction that disqualifies the defendant from voting under s. 6.03 (1) (b), the court shall inform the defendant that he or she may not vote in any election until his or her civil rights are restored.

SB110-engrossed, s. 75 Section 75. 977.05 (6) (g) 2. of the statutes is amended to read:

SB110-engrossed,33,21 977.05 (6) (g) 2. The state or the court seeks to modify the conditions of probation to include a period of confinement under s. 973.09 (4) (a).

SB110-engrossed, s. 76 Section 76. Nonstatutory provisions.

SB110-engrossed,34,4 (1) Universal, centralized voter registration; recommendations. The elections board shall study the costs, benefits, and feasibility of and prepare recommendations with regard to requiring voter registration in every municipality in this state. If the board recommends that registration be required in all municipalities, the board shall study the costs, benefits, and feasibility of and prepare recommendations with regard to creating and maintaining a statewide voter registration list. This study shall address at least each of the following issues:

SB110-engrossed,34,5 (a) How the list should be created and maintained.

SB110-engrossed,34,7 (b) The fiscal impact upon the state and local governments of maintaining the list.

SB110-engrossed,34,8 (c) How accuracy of the list should be ensured.

SB110-engrossed,34,11 (d) Whether, to use the list, an electronic connection would need to be established between each polling place in the state and the board and how such a connection would be established and maintained.

SB110-engrossed,34,12 (e) How registrations on election day would be integrated into the list.

SB110-engrossed,34,14 (f) How procedures for corroboration of the identities of electors would be affected by maintenance of the list.

SB110-engrossed,34,15 (g) How absentee balloting would be affected by the creation of the list.

SB110-engrossed,34,17 (h) The impact of maintenance of the list upon transient populations, such as college students.

SB110-engrossed,34,19 (i) How the list could be accurately purged of the names of convicted felons who are ineligible to vote while ensuring that no eligible electors are disenfranchised.

SB110-engrossed,34,21 (j) How the list should be purged of the names of ineligible or inactive electors while ensuring that no eligible electors are disenfranchised.

SB110-engrossed,34,23 (k) Whether the list should be publicly maintained or a private entity should be retained to maintain the list.

SB110-engrossed,34,25 (l) If a private entity were retained to maintain the list, the standards to which the entity should be held to account.

SB110-engrossed,35,2 (m) Whether and how provisional voting of challenged electors could be facilitated if the list were maintained.

SB110-engrossed,35,8 (2) Universal, centralized voter registration; report. No later than the first day of the 10th month beginning after the effective date of this subsection, the elections board shall submit the results of the studies and all recommendations prepared under subsection (1) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

SB110-engrossed,35,10 (3) Special legislative committee for the study of voting needs of multilingual and physically disabled electors.

SB110-engrossed,36,8 (a) Committee duties and powers. There is created a special legislative committee to be called the committee for the study of voting needs of multilingual and physically disabled electors. The purpose of the committee is to study the need for providing ballots in languages other than English and for hiring bilingual or multilingual inspectors for elections held in this state, and the needs of physically disabled electors for greater accessibility to polling places and voting equipment and greater protection of privacy. The committee shall study whether federal law requires the use of ballots printed in languages other than English or the use of bilingual or multilingual inspectors in this state and, if so, the extent to which the federal law is being followed. The committee shall study whether and the extent to which electors who are members of a particular language minority in this state and who have no ability, or limited abilities, to understand English are unable to vote if ballots printed only in English are used and if inspectors who are literate only in English are used. The committee shall prepare recommendations with regard to maximizing voting in this state by electors who are members of language minorities and who have no ability, or limited abilities, to understand English. The committee shall prepare recommendations for providing greater accessibility to polling places and voting equipment and greater protection of privacy for physically disabled electors. The committee may call upon any state agency or officer, city or city officer, village or village officer, or town or town officer for the facilities and data of the agency, city, village, town, or officer, and those agencies, cities, villages, towns, and officers that are called upon shall cooperate with the committee to the fullest extent possible.

SB110-engrossed,37,3 (b) Committee membership and staff. The committee created under paragraph (a) shall consist of 13 members. The members shall be the senate majority leader or his or her designee; the senate minority leader or his or her designee; the assembly majority leader or his or her designee; the assembly minority leader or his or her designee; the executive director of the state elections board or his or her designee; the attorney general or his or her designee; one municipal clerk or executive director of a board of election commissioners of a city in this state with a population of at least 50,000; one municipal clerk of a city, village, or town in this state with a population of at least 5,000 but less than 50,000; one municipal clerk of a city, village, or town with a population of less than 5,000; one municipal clerk of any other city, village, or town in this state; and three members representing the public. Two of the members who are municipal clerks or executive directors of boards of election commissioners shall hold office in a city, village, or town with a significant number of residents who are members of a language minority and who have no ability, or limited abilities, to understand English. The members who are municipal clerks or executive directors of boards of election commissioners and the members representing the public shall be appointed jointly by the cochairpersons of the committee. The cochairpersons of the committee shall be the senate majority leader or his or her designee and the assembly majority leader or his or her designee. The staff of the joint legislative council shall administer the affairs of the committee.

SB110-engrossed,37,9 (c) Committee report and termination. By the first day of the 10th month beginning after the effective date of this paragraph, the committee shall report its findings and recommendations to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the same manner as in provided under section 13.172 (3) of the statutes. The committee terminates on the date it submits its findings and recommendations.

SB110-engrossed,37,19 (4v) Study of polling place staffing needs. The elections board shall study the need to provide additional inspectors and special registration deputies to serve at polling places for general elections. As a part of its study, the board shall determine where staffing needs are greatest and where staffing problems have occurred in recent years, and shall recommend solutions to these problems. No later than the first day of the 7th month beginning after the effective date of this subsection, the board shall submit the results of its study, together with its recommendations, to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

SB110-engrossed,38,4 (4w) Study concerning use of separate registration locations. The elections board shall study the feasibility of making greater use of separate locations for registration of electors at polling places on election day, as authorized under section 6.55 (2) (c) of the statutes. As a part of its study, the board shall determine the situations in which municipalities should consider using separate registration locations. No later than the first day of the 7th month beginning after the effective date of this subsection, the board shall submit the results of its study, together with its recommendations, to the chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

SB110-engrossed, s. 77 Section 77 . Initial applicability.

SB110-engrossed,38,10 (1) Leaves of absence for service as an election official. The treatment of sections 7.33 (4) and (5) (b) and 111.93 (3) of the statutes first applies to employees who are affected by a collective bargaining agreement containing provisions inconsistent with this treatment on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever first occurs.

SB110-engrossed,38,14 (2) Notification regarding ineligibility to vote during parole or extended supervision. The treatment of section 302.117 of the statutes first applies to persons whom the department of corrections releases to parole or extended supervision on the effective date of this subsection.

SB110-engrossed,38,18 (3) Notification regarding ineligibility to vote during probation. The treatment of section 973.09 (4) (b) of the statutes first applies to persons whom the court orders confined as a condition of probation on the effective date of this subsection.

SB110-engrossed,38,21 (4) Notification at sentencing regarding ineligibility to vote. The treatment of sections 973.033, 973.034, and 973.176 (title) and (2) of the statutes first applies to persons whom the court sentences on the effective date of this subsection.

SB110-engrossed, s. 78 Section 78. Effective dates. This act takes effect on the day after publication, except as follows:

SB110-engrossed,39,3 (1) Notification regarding ineligibility to vote. The treatment of sections 302.117, 973.033, 973.034, and 973.176 (title) and (2) of the statutes, the renumbering of section 973.09 (4) of the statutes, the creation of section 973.09 (4) (b) of the statutes, and Section 77 (2), (3 ), and (4) of this act take effect on the first day of the 3rd month beginning after publication.

SB110-engrossed,39,4 (End)