Amendment ASA3-SB1

SB1-ASA3,57,14 227.03 (6) Orders of the elections government accountability and integrity board under s. 5.06 (6) are not subject to this chapter.

SB1-ASA3, s. 170 Section 170. 227.45 (1) of the statutes is amended to read:

SB1-ASA3,57,24 227.45 (1) Except as provided in ss. 19.52 (3) and s. 901.05, an agency or hearing examiner shall not be bound by common law or statutory rules of evidence. The agency or hearing examiner shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. The agency or hearing examiner shall give effect to the rules of privilege recognized by law. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB1-ASA3, s. 171 Section 171. 227.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA3,58,5 227.46 (1) (intro.) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case. In hearings under s. 19.52, a reserve judge shall be appointed. Subject to rules of the agency, examiners presiding at hearings may:

SB1-ASA3, s. 172 Section 172. 227.52 (6) of the statutes is amended to read:

SB1-ASA3,58,8 227.52 (6) Decisions of the chairperson of the elections government accountability and integrity board or the chairperson's designee.

SB1-ASA3, s. 173 Section 173. 230.08 (2) (e) 4h. of the statutes is created to read:

SB1-ASA3,58,10 230.08 (2) (e) 4h. Government accountability and integrity board — 3.

SB1-ASA3, s. 174 Section 174. 230.08 (2) (om) of the statutes is repealed.

SB1-ASA3, s. 175 Section 175. 230.08 (2) (on) of the statutes is created to read:

SB1-ASA3,58,14 230.08 (2) (on) The executive director of the government accountability and integrity board.

SB1-ASA3, s. 176 Section 176. 230.08 (2) (wm) of the statutes is repealed.

SB1-ASA3, s. 177 Section 177. 230.08 (4) (a) of the statutes is amended to read:

SB1-ASA3,59,2 230.08 (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 and integrity 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.

SB1-ASA3, s. 178 Section 178. 234.02 (3m) (c) of the statutes is amended to read:

SB1-ASA3,59,7 234.02 (3m) (c) The authority shall, with the advice of the ethics government accountability and integrity 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.

SB1-ASA3, s. 179 Section 179. 560.04 (2m) of the statutes is amended to read:

SB1-ASA3,59,17 560.04 (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 and integrity 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.

SB1-ASA3, s. 180 Section 180. 778.135 of the statutes is amended to read:

SB1-ASA3,60,4 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections government accountability and integrity 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.

SB1-ASA3, s. 181 Section 181. 778.136 of the statutes is repealed.

SB1-ASA3, s. 182 Section 182. 971.22 (2) and (3) of the statutes are amended to read:

SB1-ASA3,60,9 971.22 (2) The A motion under sub. (1) shall be in writing and supported by affidavit which shall state evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

SB1-ASA3,60,13 (3) If the court determines, pursuant to a motion filed under sub. (1), that there exists in the county where the action is pending such prejudice that a fair trial cannot be had, it shall order that the trial be held in any county where an impartial trial can be had. Only one change may be granted under this subsection.

SB1-ASA3,60,18 (5) The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2).

SB1-ASA3, s. 183 Section 183. 971.22 (4) of the statutes is created to read:

SB1-ASA3,61,2 971.22 (4) In addition to any motion that is permitted under sub. (1), any defendant in a criminal action for violation of any provision of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 may file a written motion with the court for a change in the place of the trial. The motion shall be made at arraignment. The court shall grant not more than one such motion from any defendant and shall change the place of the trial to a county that shall be determined by the chief justice of the supreme court on a random basis except that the trial shall not be changed to the county in which the defendant resides.

SB1-ASA3, s. 184 Section 184 . Nonstatutory provisions.

SB1-ASA3,61,4 (1) Transfer of elections board.

SB1-ASA3,61,7 (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 and integrity board.

SB1-ASA3,61,8 (b) Positions and employees.

SB1-ASA3,61,11 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the government accountability and integrity board.

SB1-ASA3,61,14 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the government accountability and integrity board.

SB1-ASA3,61,20 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 and integrity 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.

SB1-ASA3,61,23 (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 and integrity board.

SB1-ASA3,62,4 (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 and integrity board. The government accountability and integrity board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability and integrity board to the extent allowed under the contract.

SB1-ASA3,62,10 (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 and integrity 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 and integrity board.

SB1-ASA3,62,15 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the government accountability and integrity 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 and integrity board.

SB1-ASA3,62,16 (2) Transfer of ethics board.

SB1-ASA3,62,19 (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 and integrity board.

SB1-ASA3,62,20 (b) Positions and employees.

SB1-ASA3,62,23 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the government accountability and integrity board.

SB1-ASA3,63,3 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the government accountability and integrity board.

SB1-ASA3,63,9 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 and integrity 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.

SB1-ASA3,63,12 (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 and integrity board.

SB1-ASA3,63,18 (d) Contracts. All contracts entered into by the ethics board remain in effect and are transferred to the government accountability and integrity board. The government accountability and integrity board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability and integrity board to the extent allowed under the contract.

SB1-ASA3,63,24 (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 and integrity 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 and integrity board.

SB1-ASA3,64,5 (f) Pending matters. Any matter pending with the ethics board on the effective date of this paragraph is transferred to the government accountability and integrity 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 and integrity board.

SB1-ASA3,64,6 (3) Board transitions; initial terms.

SB1-ASA3,64,9 (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 July 1, 2007.

SB1-ASA3,64,13 (b) Each member of the government accountability and integrity 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.

SB1-ASA3,64,25 (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 and integrity board who are initially nominated by the governor, and with the advice and consent of the assembly and the senate appointed, one member who is a former nonpartisan elective official of a local governmental unit and one member who has prosecutorial experience shall be appointed to serve for terms expiring on May 1, 2009; one member who is a former nonpartisan elective official of a local governmental unit and one member who has prosecutorial experience shall be appointed to serve for terms expiring on May 1, 2010; 2 members who prosecutorial experience shall be appointed to serve for terms expiring on May 1, 2011; and one member who is retired judge of a court of record in this state shall be appointed to serve for a term expiring on May 1, 2012.

SB1-ASA3,65,4 (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 in the government accountability and integrity board shall serve for a term expiring on September 1, 2011.

SB1-ASA3,65,5 (4) Implementation.

SB1-ASA3,65,17 (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 and integrity 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 and integrity board, the divisions in the government accountability and integrity board, and the administrators of the divisions 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.

SB1-ASA3,65,20 (5) General nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that any provision of this act is unconstitutional, the entire act is void.

SB1-ASA3,65,25 (6) Nonseverability; 2001 Wisconsin Act 109. Notwithstanding section 990.001 (11) of the statutes, if a court finds that the repeal and recreation of section 71.10 (3) (b) of the statutes by this act, or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b), is unconstitutional, the repeal and recreation of section 71.10 (3) (b) of the statutes by this act is void.

SB1-ASA3, s. 185 Section 185. Effective dates. This act takes effect on July 1, 2007, except as follows:

SB1-ASA3,66,6 (1) The treatment of sections 5.052, 5.054, 15.07 (1) (a) 2. and (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 and Section 184 (3) (b ) to (d) and (4) of this act take effect on January 1, 2007.

SB1-ASA3,66,7 (End)