Amendment ASA1-AB1189

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.

AB1189-ASA1,66,5 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the government accountability board.

AB1189-ASA1,66,11 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 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.

AB1189-ASA1,66,14 (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 government accountability board.

AB1189-ASA1,66,19 (d) Contracts. All contracts entered into by the ethics board 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-ASA1,66,25 (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 government accountability 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 government accountability board.

AB1189-ASA1,67,5 (f) Pending matters. Any matter pending with the ethics 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 ethics board with respect to the pending matter are considered as having been submitted to or taken by the government accountability board.

AB1189-ASA1,67,6 (3) Board transitions; initial terms.

AB1189-ASA1,67,9 (a) Notwithstanding section 15.61, 2001 stats., section 15.62, 2003 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 shall expire on June 1, 2007.

AB1189-ASA1,67,12 (b) Each member of the government accountability board who is appointed as provided in paragraph (c) and qualified to take office shall take office on the effective date of this paragraph, or upon qualification to take office, whichever is later.

AB1189-ASA1,67,21 (c) Notwithstanding section 15.60 (1) of the statutes, as created by this act, and section 15.07 (1) (c) of the statutes, of the members of the government accountability who are initially nominated by the governor, and with the advice and consent of the assembly and the senate appointed, 2 members who have prosecutorial experience and one other member who is not a retired judge of a court of record in this state shall be appointed to serve for terms expiring on May 1, 2009, and 2 members who have prosecutorial experience and one member who is a retired judge of a court of record in this state and one other member shall be appointed to serve for terms expiring on May 1, 2011.

AB1189-ASA1,67,25 (d) Notwithstanding section 15.603 (1) of the statutes, as created by this act, the person who is initially appointed to serve as administrator of the enforcement division of the government accountability board shall serve for a term expiring on September 1, 2011.

AB1189-ASA1,68,1 (4) Implementation.

AB1189-ASA1,68,13 (a) Notwithstanding section 5.05 (1m) and (2m) of the statutes, as created by this act, and section 20.922 (1) of the statutes, the director of the legislative council staff shall serve as executive director of the government accountability board, without additional compensation for such service, until such time as the board initially appoints an executive director and the appointee qualifies to take office. The executive director of the legislative council staff is vested with full authority and responsibility to carry out all functions of the executive director of the government accountability board, the enforcement division in the government accountability board, and the administrator of the enforcement division prior to appointment and qualification of the initial executive director, including the retention and termination of all staff not transferred to the board that the board is authorized to employ under this act.

AB1189-ASA1,68,17 (5) Initial nominations. The governmental accountability candidate committee under section 15.60 (2) of the statutes, as created by this act, shall submit its initial nominations of individuals to serve as members of the government accountability board no later than November 1, 2006.

AB1189-ASA1, s. 162 Section 162. Effective dates. This act takes effect on June 1, 2007, except as follows:

AB1189-ASA1,68,24 (1) The treatment of sections 5.052, 5.054, 15.07 (5) (m), 15.60, 15.603, 20.923 (4) (intro.), (e) 2e., and (f) 3j., 230.08 (2) (e) 4h. and (on) and (4) (a) of the statutes, the renumbering and amendment of section 15.03 of the statutes, the creation of section 15.03 (2) of the statutes, and Section 161 (3 ) (b) to (d) and (4 ) of this act take effect on January 1, 2007.

AB1189-ASA1,68,25 (End)