Amendment ASA1-AB1189

AB1189-ASA1, s. 141 Section 141. 165.25 (4) (e) of the statutes is created to read:

AB1189-ASA1,56,3 165.25 (4) (e) Provide assistance to the enforcement division of the government accountability board in the investigation and prosecution of violations of chs. 5 to 12, subch. III of ch. 13, and subch. III of ch. 19.

AB1189-ASA1, s. 142 Section 142. 198.08 (10) of the statutes is amended to read:

AB1189-ASA1,56,15 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile, and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the elections government accountability board shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

AB1189-ASA1, s. 143 Section 143. 200.09 (11) (am) 3. of the statutes is amended to read:

AB1189-ASA1,56,21 200.09 (11) (am) 3. If the governing bodies of each city, town, and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The commission shall immediately notify the elections government accountability board under s. 5.05 upon passage of a resolution under this subdivision.

AB1189-ASA1, s. 144 Section 144. 227.03 (6) of the statutes is amended to read:

AB1189-ASA1,56,24 227.03 (6) Orders of the elections government accountability board under s. 5.06 (6) are not subject to this chapter.

AB1189-ASA1, s. 145 Section 145. 227.03 (6m) of the statutes is created to read:

AB1189-ASA1,57,2 227.03 (6m) Cases before the enforcement division of the government accountability board under s. 5.066 are not subject to this chapter.

AB1189-ASA1, s. 146 Section 146. 227.52 (6) of the statutes is amended to read:

AB1189-ASA1,57,5 227.52 (6) Decisions of the chairperson of the elections government accountability board or the chairperson's designee.

AB1189-ASA1, s. 147 Section 147. 230.03 (4) and (6) of the statutes are amended to read:

AB1189-ASA1,57,10 230.03 (4) Except as provided in s. ss. 230.40 (4), 230.405 (1), and 230.80 (1m), "appointing authority" means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes.

AB1189-ASA1,57,13 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, but except for purposes of ss. 230.40 and 230.405, excludes all offices and positions in the organized militia.

AB1189-ASA1, s. 148 Section 148. 230.08 (2) (e) 4h. of the statutes is created to read:

AB1189-ASA1,57,15 230.08 (2) (e) 4h. Government accountability board — 3.

AB1189-ASA1, s. 149 Section 149. 230.08 (2) (om) of the statutes is repealed.

AB1189-ASA1, s. 150 Section 150. 230.08 (2) (on) of the statutes is created to read:

AB1189-ASA1,57,18 230.08 (2) (on) The executive director of the government accountability board.

AB1189-ASA1, s. 151 Section 151. 230.08 (2) (wm) of the statutes is repealed.

AB1189-ASA1, s. 152 Section 152. 230.08 (4) (a) of the statutes is amended to read:

AB1189-ASA1,58,4 230.08 (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, government accountability 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.

AB1189-ASA1, s. 153 Section 153. 230.40 (1), (2), (4) and (5) of the statutes are amended to read:

AB1189-ASA1,58,19 230.40 (1) No person holding a position in the classified civil service may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while on state time or engaged in official duties as an employee. No person may orally solicit or by letter transmit any solicitation to a state office or be in any manner concerned in soliciting any assistance, subscription, or support for any partisan political party or purpose from any person holding any position in the classified civil service while on state time or engaged in official duties as an employee. No person holding any position in the classified civil service may during the hours when on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office, nor engage in any political activity when not on duty to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.

AB1189-ASA1,58,25 (2) If a person who holds an appointive position in the classified civil service declares an intention to run for becomes a candidate for a partisan political office the person shall be placed on a leave of absence for the duration of the election campaign and if elected shall separate from the classified civil service on assuming the duties and responsibilities of such office. In this subsection, "candidate" has the meaning given in s. 230.405 (1) (c).

AB1189-ASA1,59,5 (4) A person who holds an appointive position in the classified civil service may be granted upon concurrence by the person's appointing authority a leave of absence to participate in partisan political campaigning. In this subsection, "appointing authority" means the individual who has the authority to make appointments to a position.

AB1189-ASA1,59,9 (5) Persons on leave from the classified civil service under subs. (2) and (4) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription or support from any person holding any position in the classified civil service.

AB1189-ASA1, s. 154 Section 154. 230.40 (7) of the statutes is created to read:

AB1189-ASA1,59,12 230.40 (7) Any violation of this section by a person who holds an appointive position in the civil service is adequate grounds for discipline, including dismissal.

AB1189-ASA1, s. 155 Section 155. 230.405 of the statutes is created to read:

AB1189-ASA1,59,14 230.405 Campaign activity. (1) In this section:

AB1189-ASA1,59,17 (a) "Appointing authority" means the chief administrative officer of a state agency unless another person is authorized by law to appoint subordinate staff in the state agency.

AB1189-ASA1,59,18 (b) "Campaign activity" means:

AB1189-ASA1,59,21 1. Organizing or assisting in the organization of an event on behalf of a candidate, political party, or political committee, but not including recording the date of an event.

AB1189-ASA1,59,23 2. Soliciting or receiving a contribution on behalf of a candidate, political party, or political committee.

AB1189-ASA1,59,25 3. Designing or distributing an advertisement paid for by a candidate, political party, or political committee.

AB1189-ASA1,60,3 4. Designing or distributing brochures, literature, nomination papers, or other promotional materials, whether in electronic or nonelectronic form, that are paid for by a candidate, political party, or political committee.

AB1189-ASA1,60,5 5. Organizing or directing individuals for the purpose of securing voluntary services on behalf of a candidate, political party, or political committee.

AB1189-ASA1,60,6 6. Preparing a budget for a candidate, political party, or political committee.

AB1189-ASA1,60,9 7. Preparing or participating in the conduct of polling relating to political issues, other than polling conducted by a state legislator to seek input from constituents.

AB1189-ASA1,60,12 8. Creating or maintaining a list or database of individuals who have made a contribution or provided voluntary services to a candidate, political party, or political committee.

AB1189-ASA1,60,14 9. Directing or participating in the recruitment of a candidate for national, state, or local office.

AB1189-ASA1,60,16 10. Organizing or assisting in the organization of individuals to vote for a particular candidate or the candidates of a particular political party.

AB1189-ASA1,60,19 11. Transporting individuals to a polling place on behalf of a candidate, political party, or political committee, or to a rally organized for the purpose of supporting a candidate or political party.

AB1189-ASA1,60,24 (c) "Candidate" means every person for whom it is contemplated or desired that votes be cast at any election held within this state, whether or not the person is elected or nominated, and who either tacitly or expressly consents to be so considered. A person does not cease to be a candidate by virtue of the passing of the date of an election.

AB1189-ASA1,60,25 (d) "Contribution" has the meaning given in s. 11.01 (6) and 2 USC 431 (8).

AB1189-ASA1,61,2 (e) "Disbursement" has the meaning given in s. 11.01 (7) and the meaning given for the term "expenditure" in 2 USC 431 (9).

AB1189-ASA1,61,3 (f) "Legislative campaign committee" has the meaning given in s. 11.01 (12s).

AB1189-ASA1,61,4 (g) "Local office" has the meaning given in s. 5.02 (9).

AB1189-ASA1,61,5 (h) "National office" has the meaning given in s. 5.02 (12).

AB1189-ASA1,61,7 (i) "Personal campaign committee" has the meaning given in s. 11.01 (15) and includes a federal candidate committee, as defined in s. 11.06 (3m) (a).

AB1189-ASA1,61,12 (j) "Political committee" means any person other than an individual and any combination of 2 or more persons, permanent or temporary, that makes or accepts contributions or makes disbursements, whether or not engaged in activities that are exclusively political, and includes a legislative campaign committee, a personal campaign committee, and a political committee, as defined in 2 USC 431 (4).

AB1189-ASA1,61,13 (k) "Political party" has the meaning given in s. 5.02 (13) and 2 USC 431 (13).

AB1189-ASA1,61,14 (L) "State agency" has the meaning given in s. 20.001 (1).

AB1189-ASA1,61,15 (m) "State office" has the meaning given in s. 5.02 (23).

AB1189-ASA1,61,18 (2) No appointing authority of a person holding an appointive position in the civil service may assign or authorize campaign activity to be performed on state time, or with the use of state resources, or on any property owned or leased by the state.

AB1189-ASA1,61,22 (3) No person holding a position in the civil service may use, or make available for use by another, state resources or property owned or leased by the state in connection with campaign activity except to the extent that the resources or property are available to be used by any person under similar circumstances.

AB1189-ASA1,61,24 (4) No person holding an appointive position in the civil service may engage in campaign activity:

AB1189-ASA1,61,25 (a) While the person is engaged in his or her employment.

AB1189-ASA1,62,4 (b) While on any form of paid leave, including compensatory time granted for time worked in excess of normal hours, other than annual leave or paid holiday leave and then only after having received approval from his or her appointing authority to use the leave for that purpose.

AB1189-ASA1,62,13 (c) During the established hours of employment for the person, unless the person has submitted to his or her appointing authority a request to work variant hours or to take unpaid leave and has obtained from the appointing authority a written finding that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the state agency for which the person performs services. For an employee of the legislature under s. 13.20, the appointing authority must find that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the house or houses for which the employee performs services.

AB1189-ASA1,62,18 (5) No decision affecting the continued employment of a person holding an appointive position in the civil service, or affecting the salary, benefits, hours, terms, or other conditions of employment of such a person, may be based in any manner or to any degree on the failure of the person to participate in campaign activity or the failure to make a contribution.

AB1189-ASA1,62,20 (6) Any violation of this section by a person who holds an appointive position in the civil service is adequate grounds for discipline, including dismissal.

AB1189-ASA1, s. 156 Section 156. 234.02 (3m) (c) of the statutes is amended to read:

AB1189-ASA1,62,25 234.02 (3m) (c) The authority shall, with the advice of the ethics government accountability 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.

AB1189-ASA1, s. 157 Section 157. 560.04 (2m) of the statutes is amended to read:

AB1189-ASA1,63,10 560.04 (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, elections government accountability 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.

AB1189-ASA1, s. 158 Section 158. 778.135 of the statutes is amended to read:

AB1189-ASA1,63,21 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections government accountability 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 secretary of administration. 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.

AB1189-ASA1, s. 159 Section 159. 778.136 of the statutes is amended to read:

AB1189-ASA1,64,3 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics government accountability 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 secretary of administration.

AB1189-ASA1, s. 160 Section 160. 971.19 (12) of the statutes is created to read:

AB1189-ASA1,64,7 971.19 (12) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a defendant who is a resident of this state shall be tried in circuit court for the county where the defendant resides.

AB1189-ASA1, s. 161 Section 161 . Nonstatutory provisions.

AB1189-ASA1,64,9 (1) Transfer of elections board.

AB1189-ASA1,64,12 (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 government accountability board.

AB1189-ASA1,64,13 (b) Positions and employees.

AB1189-ASA1,64,15 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the government accountability board.

AB1189-ASA1,64,18 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the government accountability board.

AB1189-ASA1,64,24 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 government accountability 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.

AB1189-ASA1,65,3 (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 government accountability board.

AB1189-ASA1,65,9 (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 government accountability board. The government accountability board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability board to the extent allowed under the contract.

AB1189-ASA1,65,15 (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 government accountability 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 government accountability board.

AB1189-ASA1,65,20 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the government accountability 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 government accountability board.

AB1189-ASA1,65,21 (2) Transfer of ethics board.

AB1189-ASA1,65,24 (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 government accountability board.

AB1189-ASA1,65,25 (b) Positions and employees.

AB1189-ASA1,66,2 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the government accountability board.