SB11: Bill Text

SB11,33,7 230.08 (2) (e) 4c. Ethics and elections accountability and control board — 3.

SB11, s. 95 Section 95. 230.08 (2) (om) of the statutes is amended to read:

SB11,33,10 230.08 (2) (om) The executive director of the ethics and elections and accountability and control board.

SB11, s. 96 Section 96. 230.08 (2) (wm) of the statutes is repealed.

SB11, s. 97 Section 97. 230.08 (4) (a) of the statutes is amended to read:

SB11,33,22 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, ethics and elections accountability and control board, investment board, public defender board and technical college system board and "commission" means the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

SB11, s. 98 Section 98. 234.02 (3m) (c) of the statutes is amended to read:

SB11,34,2 234.02 (3m) (c) The authority shall, with the advice of the ethics and elections accountability and control board, adopt and enforce ethics guidelines applicable to its paid consultants which are similar to subch. III of ch. 19, except that the authority may not require its paid consultants to file financial disclosure statements.

SB11, s. 99 Section 99. 560.04 (2m) of the statutes is amended to read:

SB11,34,12 560.04 (2m) Duties. The department may assign one or more full-time equivalent positions to the functions of coordinating the development and scheduling of training programs for local government officials by the University of Wisconsin-Extension, technical college system, department of revenue, ethics and elections accountability and control board, and other state agencies in order to assure the effective delivery of training programs and to prevent duplication of effort and of coordinating requests for management or personnel consultative services from government units other than the state and directing those requests to the appropriate division of the department of administration.

SB11, s. 100 Section 100. 778.135 of the statutes is amended to read:

SB11,34,23 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the ethics and elections accountability and control board under s. 5.05 (1) (c) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the board and deposited with the state treasurer. Whenever any proposed action by a county board of election commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the parties, the moneys accruing to the county on account of such settlement shall be paid to the board of election commissioners and deposited with the county treasurer in the same manner as provided for forfeitures under s. 778.13.

SB11, s. 101 Section 101. 778.136 of the statutes is amended to read:

SB11,35,6 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics and elections accountability and control board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state public officials and employees under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer.

SB11, s. 102 Section 102. Nonstatutory provisions.

SB11,35,8 (1) Transfer of elections board.

SB11,35,11 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the elections board shall become the assets and liabilities of the ethics and elections accountability and control board.

SB11,35,12 (b) Positions and employees.

SB11,35,15 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the ethics and elections accountability and control board.

SB11,35,18 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the ethics and elections accountability and control board.

SB11,35,24 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the ethics and elections accountability and control board that they enjoyed in the elections board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB11,36,3 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the elections board is transferred to the ethics and elections accountability and control board.

SB11,36,9 (d) Contracts. All contracts entered into by the elections board in effect on the effective date of this paragraph remain in effect and are transferred to the ethics and elections accountability and control board. The ethics and elections accountability and control board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the ethics and elections accountability and control board to the extent allowed under the contract.

SB11,36,16 (e) Rules and orders. All rules promulgated by the elections board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the ethics and elections accountability and control board. All orders issued by the elections board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the ethics and elections accountability and control board.

SB11,36,21 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the ethics and elections accountability and control board, and all materials submitted to or actions taken by the elections board with respect to the pending matter are considered as having been submitted to or taken by the ethics and elections accountability and control board.

SB11,36,22 (2) Transfer of ethics board.

SB11,36,25 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the ethics board shall become the assets and liabilities of the ethics and elections accountability and control board.

SB11,37,1 (b) Positions and employees.

SB11,37,4 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the ethics and elections accountability and control board.

SB11,37,7 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the ethics and elections accountability and control board.

SB11,37,13 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the ethics and elections accountability and control board that they enjoyed in the ethics board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB11,37,16 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the ethics board is transferred to the ethics and elections accountability and control board.

SB11,37,22 (d) Contracts. All contracts entered into by the ethics board remain in effect and are transferred to the ethics and elections accountability and control board. The ethics and elections accountability and control board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the ethics and elections accountability and control board to the extent allowed under the contract.

SB11,38,3 (e) Rules and orders. All rules promulgated by the ethics board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the ethics and elections accountability and control board. All orders issued by the ethics board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the ethics and elections accountability and control board.

SB11,38,8 (f) Pending matters. Any matter pending with the ethics board on the effective date of this paragraph is transferred to the ethics and elections accountability and control board, and all materials submitted to or actions taken by the ethics board with respect to the pending matter are considered as having been submitted to or taken by the ethics and elections accountability and control board.

SB11,38,9 (3) Transition; initial terms.

SB11,38,13 (a) No later than the first day of the 3rd month beginning after the effective date of this paragraph, the supreme court shall appoint 8 persons to membership on the ethics and elections accountability and control board under section 15.61 (1) of the statutes, as affected by this act.

SB11,38,18 (b) Notwithstanding section 15.61, 2001 stats., section 15.62, 2001 stats., and section 15.07 (1) (c) of the statutes, the terms of office of all members of the elections board and all members of the ethics board holding office at the time at which 8 members of the elections and ethics accountability and control board are appointed as provided in paragraph (a) and qualified to take office shall expire at that time.

SB11,38,21 (c) All members of the ethics and elections accountability and control board who are appointed as provided in paragraph (a ) and qualified to take office shall take office immediately upon expiration of the terms of office under paragraph (b).

SB11,38,23 (d) At its first meeting, the ethics and elections accountability and control board shall appoint a 9th member of the board.

SB11,38,25 (e) Notwithstanding section 15.61 (1) of the statutes, as affected by this act, and section 15.07 (1) (c) of the statutes:

SB11,39,3 1. Of the members who are initially appointed by the supreme court, the court shall designate 4 appointees to serve for terms of office expiring on May 1, 2007, and 4 appointees to serve for terms of office expiring on May 1, 2005.

SB11,39,5 2. The member who is initially appointed by the other members shall serve for a term of office expiring on May 1, 2007.

SB11,39,9 (4) Position authorizations. There is authorized for the ethics and elections accountability and control board 2.0 FTE GPR division administrator positions and 3.0 FTE GPR enforcement positions, to be funded from the appropriation under section 20.510 (1) (a) of the statutes, as affected by this act.

SB11, s. 103 Section 103. Appropriation changes.

SB11,39,15 (1) The unencumbered balance in the appropriation account under section 20.521 (1) (g) of the statutes is transferred to the appropriation account under section 20.510 (1) (i) of the statutes, as affected by this act, and the amount in the schedule for section 20.510 (1) (i) of the statutes in fiscal year 2002-03 is increased by the amount transferred.

SB11,39,20 (2) The unencumbered balance in the appropriation account under section 20.521 (1) (i) of the statutes is transferred to the appropriation account under section 20.510 (1) (h) of the statutes, as affected by this act, and the amount in the schedule for section 20.510 (1) (h) of the statutes in fiscal year 2002-03 is increased by the amount transferred.

SB11,39,21 (End)