SB1-ASA5, s. 174
21Section
174. 73.0301 (1) (e) of the statutes is amended to read:
SB1-ASA5,67,322
73.0301
(1) (e) "Licensing department" means the department of
23administration; the board of commissioners of public lands; the department of
24commerce; the
ethics government accountability board; the department of financial
25institutions; the department of health and family services; the department of natural
1resources; the department of public instruction; the department of regulation and
2licensing; the department of workforce development; the office of the commissioner
3of insurance; or the department of transportation.
SB1-ASA5,67,135
85.61
(1) The secretary of transportation and the executive director of the
6elections government accountability board shall enter into an agreement to match
7personally identifiable information on the official registration list maintained by the
8elections government accountability board under s. 6.36 (1) with personally
9identifiable information in the operating record file database under ch. 343 and
10vehicle registration records under ch. 341 to the extent required to enable the
11secretary of transportation and the executive director of the
elections government
12accountability board to verify the accuracy of the information provided for the
13purpose of voter registration.
SB1-ASA5,67,2515
117.20
(2) The clerk of each affected school district shall publish notice, as
16required under s. 8.55, in the territory of that school district. The procedures for
17school board elections under s. 120.06 (9), (11), (13)
, and (14) apply to a referendum
18held under this section. The school board and school district clerk of each affected
19school district shall each perform, for that school district, the functions assigned to
20the school board and the school district clerk, respectively, under those subsections.
21The form of the ballot shall correspond to the form prescribed by the
elections 22government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each
23affected school district shall file with the secretary of the board a certified statement
24prepared by the school district board of canvassers of the results of the referendum
25in that school district.
SB1-ASA5, s. 177
1Section
177. 117.27 (2) (b) (intro.) of the statutes is amended to read:
SB1-ASA5,68,62
117.27
(2) (b) (intro.) The school district clerk shall include in the notice of the
3spring election a statement that the election ballot will include a question on the
4change requested by the petition. The form of the ballot shall correspond to the form
5prescribed by the
elections government accountability board under ss. 5.64 (2) and
67.08 (1) (a) and the question on the ballot shall be:
SB1-ASA5, s. 178
7Section
178. 121.91 (3) (c) of the statutes is amended to read:
SB1-ASA5,68,188
121.91
(3) (c) The referendum shall be held in accordance with chs. 5 to 12. The
9school district clerk shall provide the election officials with all necessary election
10supplies. The form of the ballot shall correspond substantially with the standard
11form for referendum ballots prescribed by the
elections government accountability 12board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether
13the limit under sub. (2m) may be exceeded by a specified amount. If the resolution
14provides that any of the excess revenue will be used for a nonrecurring purpose, the
15ballot in the election shall so state and shall specify the amount that will be used for
16a nonrecurring purpose. The limit otherwise applicable to the school district under
17sub. (2m) is increased by the amount approved by a majority of those voting on the
18question.
SB1-ASA5, s. 179
19Section
179. 125.05 (1) (b) 10. of the statutes is amended to read:
SB1-ASA5,68,2220
125.05
(1) (b) 10. Each question submitted to the electors shall conform to the
21form prescribed by the
elections government accountability board under ss. 5.64 (2)
22and 7.08 (1) (a).
SB1-ASA5,69,1124
165.25
(1) Represent state. Except as provided in
s. ss. 5.05 (2m) (c) 1. and 25978.05 (5), appear for the state and prosecute or defend all actions and proceedings,
1civil or criminal, in the court of appeals and the supreme court, in which the state
2is interested or a party, and attend to and prosecute or defend all civil cases sent or
3remanded to any circuit court in which the state is a party; and, if requested by the
4governor or either house of the legislature, appear for and represent the state, any
5state department, agency, official, employee
, or agent, whether required to appear
6as a party or witness in any civil or criminal matter, and prosecute or defend in any
7court or before any officer, any cause or matter, civil or criminal, in which the state
8or the people of this state may be interested. The public service commission may
9request under s. 196.497 (7) that the attorney general intervene in federal
10proceedings. All expenses of the proceedings shall be paid from the appropriation
11under s. 20.455 (1) (d).
SB1-ASA5, s. 181
12Section
181. 165.25 (4) (e) of the statutes is created to read:
SB1-ASA5,69,1513
165.25
(4) (e) Provide assistance to the enforcement division of the government
14accountability board in the investigation and prosecution of violations of chs. 5 to 12,
15subch. III of ch. 13, and subch. III of ch. 19.
SB1-ASA5,70,217
198.08
(10) Election statistics. The clerk of the district shall seasonably
18obtain, compile
, and file in his or her office, for the information of the public, a
19statement showing the total number of votes cast for the office of governor in the last
20preceding general election in each subdistrict of the district. The clerk of every
21municipality and the
elections government accountability board shall furnish such
22information so far as obtainable from their records, duly certified, to the clerk of the
23district upon request therefor by the clerk of the district. If the total number of votes
24cast in any subdistrict for the office of governor in the last preceding election cannot,
25because of an intervening change of boundaries of election wards or for any reason,
1be ascertained from any official record the clerk of the district shall fairly estimate
2such number for the purposes of such statement to be filed in his or her office.
SB1-ASA5, s. 183
3Section
183. 200.09 (11) (am) 3. of the statutes is amended to read:
SB1-ASA5,70,84
200.09
(11) (am) 3. If the governing bodies of each city, town
, and village
5comprising the district pass a resolution to discontinue election of commissioners,
6each commissioner may hold office until a successor is appointed and qualified. The
7commission shall immediately notify the
elections
government accountability board
8under s. 5.05 upon passage of a resolution under this subdivision.
SB1-ASA5,70,1110
227.03
(6) Orders of the
elections
government accountability board under s.
115.06 (6) are not subject to this chapter.
SB1-ASA5,70,1413
227.03
(6m) Cases before the enforcement division of the government
14accountability board under s. 5.066 are not subject to this chapter.
SB1-ASA5,70,1716
227.52
(6) Decisions of the chairperson of the
elections government
17accountability board or the chairperson's designee.
SB1-ASA5, s. 187
18Section
187. 230.08 (2) (e) 4h. of the statutes is created to read:
SB1-ASA5,70,1919
230.08
(2) (e) 4h. Government accountability board — 3.
SB1-ASA5, s. 189
21Section
189. 230.08 (2) (on) of the statutes is created to read:
SB1-ASA5,70,2222
230.08
(2) (on) The executive director of the government accountability board.
SB1-ASA5, s. 191
24Section
191. 230.08 (4) (a) of the statutes is amended to read:
SB1-ASA5,71,9
1230.08
(4) (a) The number of administrator positions specified in sub. (2) (e)
2includes all administrator positions specifically authorized by law to be employed
3outside the classified service in each department, board or commission and the
4historical society. In this paragraph, "department" has the meaning given under s.
515.01 (5), "board" means the educational communications board,
government
6accountability board, investment board, public defender board and technical college
7system board and "commission" means the public service commission.
8Notwithstanding sub. (2) (z), no division administrator position exceeding the
9number authorized in sub. (2) (e) may be created in the unclassified service.
SB1-ASA5, s. 192
10Section
192. 234.02 (3m) (c) of the statutes is amended to read:
SB1-ASA5,71,1411
234.02
(3m) (c) The authority shall, with the advice of the
ethics government
12accountability board, adopt and enforce ethics guidelines applicable to its paid
13consultants which are similar to subch. III of ch. 19, except that the authority may
14not require its paid consultants to file financial disclosure statements.
SB1-ASA5,71,2416
560.04
(2m) Duties. The department may assign one or more full-time
17equivalent positions to the functions of coordinating the development and scheduling
18of training programs for local government officials by the University of
19Wisconsin-Extension, technical college system, department of revenue,
elections 20government accountability board, and other state agencies in order to assure the
21effective delivery of training programs and to prevent duplication of effort and of
22coordinating requests for management or personnel consultative services from
23government units other than the state and directing those requests to the
24appropriate division of the department of administration.
SB1-ASA5,72,10
1778.135 Campaign finance forfeitures; how recovered. Notwithstanding
2s. 778.13, whenever any action or proposed action by the
elections government
3accountability board under s. 5.05 (1) (c) is settled as a result of agreement between
4the parties without approval of the court, the moneys accruing to the state on account
5of such settlement shall be paid to the board and deposited with the secretary of
6administration. Whenever any proposed action by a county board of election
7commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the
8parties, the moneys accruing to the county on account of such settlement shall be
9paid to the board of election commissioners and deposited with the county treasurer
10in the same manner as provided for forfeitures under s. 778.13.
SB1-ASA5,72,17
12778.136 Ethics and lobbying forfeitures; how recovered. 13Notwithstanding s. 778.13, whenever any moneys are received by the
ethics 14government accountability board or attorney general in settlement of a civil action
15or other civil matter for violation of the lobbying law or code of ethics for state
and
16local public officials and employees under s. 19.545, the moneys shall accrue to the
17state and be deposited with the secretary of administration.
SB1-ASA5,72,2119
971.19
(12) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or
20subch. III of ch. 19, a defendant who is a resident of this state shall be tried in circuit
21court for the county where the defendant resides.
SB1-ASA5,72,2323
(1)
Transfer of elections board.
SB1-ASA5,73,3
1(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
2liabilities of the elections board shall become the assets and liabilities of the
3government accountability board.
SB1-ASA5,73,44
(b)
Positions and employees.
SB1-ASA5,73,6
51. On the effective date of this subdivision, all full-time equivalent positions
6in the elections board are transferred to the government accountability board.
SB1-ASA5,73,9
72. All incumbent employees holding positions in the elections board are
8transferred on the effective date of this subdivision to the government accountability
9board.
SB1-ASA5,73,15
103. Employees transferred under subdivision 2. have all the rights and the same
11status under subchapter V of chapter 111 and chapter 230 of the statutes in the
12government accountability board that they enjoyed in the elections board
13immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes,
14no employee so transferred who has attained permanent status in class is required
15to serve a probationary period.
SB1-ASA5,73,1816
(c)
Tangible personal property. On the effective date of this paragraph, all
17tangible personal property, including records, of the elections board is transferred to
18the government accountability board.
SB1-ASA5,73,2419
(d)
Contracts. All contracts entered into by the elections board in effect on the
20effective date of this paragraph remain in effect and are transferred to the
21government accountability board. The government accountability board shall carry
22out any contractual obligations under such a contract until the contract is modified
23or rescinded by the government accountability board to the extent allowed under the
24contract.
SB1-ASA5,74,6
1(e)
Rules and orders. All rules promulgated by the elections board that are in
2effect on the effective date of this paragraph remain in effect until their specified
3expiration dates or until amended or repealed by the government accountability
4board. All orders issued by the elections board that are in effect on the effective date
5of this paragraph remain in effect until their specified expiration dates or until
6modified or rescinded by the government accountability board.
SB1-ASA5,74,117
(f)
Pending matters. Any matter pending with the elections board on the
8effective date of this paragraph is transferred to the government accountability
9board, and all materials submitted to or actions taken by the elections board with
10respect to the pending matter are considered as having been submitted to or taken
11by the government accountability board.
SB1-ASA5,74,1212
(2)
Transfer of ethics board.
SB1-ASA5,74,1513
(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
14liabilities of the ethics board shall become the assets and liabilities of the government
15accountability board.
SB1-ASA5,74,1616
(b)
Positions and employees.
SB1-ASA5,74,18
171. On the effective date of this subdivision, all full-time equivalent positions
18in the ethics board are transferred to the government accountability board.
SB1-ASA5,74,21
192. All incumbent employees holding positions in the ethics board are
20transferred on the effective date of this subdivision to the government accountability
21board.
SB1-ASA5,75,2
223. Employees transferred under subdivision 2. have all the rights and the same
23status under subchapter V of chapter 111 and chapter 230 of the statutes in the
24government accountability board that they enjoyed in the ethics board immediately
25before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee
1so transferred who has attained permanent status in class is required to serve a
2probationary period.
SB1-ASA5,75,53
(c)
Tangible personal property. On the effective date of this paragraph, all
4tangible personal property, including records, of the ethics board is transferred to the
5government accountability board.
SB1-ASA5,75,106
(d)
Contracts. All contracts entered into by the ethics board remain in effect
7and are transferred to the government accountability board. The government
8accountability board shall carry out any contractual obligations under such a
9contract until the contract is modified or rescinded by the government accountability
10board to the extent allowed under the contract.
SB1-ASA5,75,1611
(e)
Rules and orders. All rules promulgated by the ethics board that are in effect
12on the effective date of this paragraph remain in effect until their specified expiration
13dates or until amended or repealed by the government accountability board. All
14orders issued by the ethics board that are in effect on the effective date of this
15paragraph remain in effect until their specified expiration dates or until modified or
16rescinded by the government accountability board.
SB1-ASA5,75,2117
(f)
Pending matters. Any matter pending with the ethics board on the effective
18date of this paragraph is transferred to the government accountability board, and all
19materials submitted to or actions taken by the ethics board with respect to the
20pending matter are considered as having been submitted to or taken by the
21government accountability board.
SB1-ASA5,75,2222
(3)
Board transitions; initial terms.
SB1-ASA5,75,2523
(a) Notwithstanding section 15.61, 2001 stats., section 15.62, 2003 stats., and
24section 15.07 (1) (c) of the statutes, the terms of office of all members of the elections
25board and all members of the ethics board holding office shall expire on June 1, 2007.
SB1-ASA5,76,3
1(b) Each member of the government accountability board who is appointed as
2provided in paragraph (c) and qualified to take office shall take office on the effective
3date of this paragraph, or upon qualification to take office, whichever is later.
SB1-ASA5,76,124
(c) Notwithstanding section 15.60 (1) of the statutes, as created by this act, and
5section 15.07 (1) (c) of the statutes, of the members of the government accountability
6who are initially nominated by the governor, and with the advice and consent of the
7assembly and the senate appointed, 2 members who have prosecutorial experience
8and one other member who is not a retired judge of a court of record in this state shall
9be appointed to serve for terms expiring on May 1, 2009, and 2 members who have
10prosecutorial experience and one member who is a retired judge of a court of record
11in this state and one other member shall be appointed to serve for terms expiring on
12May 1, 2011.
SB1-ASA5,76,1613
(d) Notwithstanding section 15.603 (1) of the statutes, as created by this act,
14the person who is initially appointed to serve as administrator of the enforcement
15division of the government accountability board shall serve for a term expiring on
16September 1, 2011.
SB1-ASA5,76,1717
(4)
Implementation.
SB1-ASA5,77,418
(a) Notwithstanding section 5.05 (1m) and (2m) of the statutes, as created by
19this act, and section 20.922 (1) of the statutes, the director of the legislative council
20staff shall serve as executive director of the government accountability board,
21without additional compensation for such service, until such time as the board
22initially appoints an executive director and the appointee qualifies to take office. The
23executive director of the legislative council staff is vested with full authority and
24responsibility to carry out all functions of the executive director of the government
25accountability board, the enforcement division in the government accountability
1board, and the administrator of the enforcement division prior to appointment and
2qualification of the initial executive director, including the retention and
3termination of all staff not transferred to the board that the board is authorized to
4employ under this act.
SB1-ASA5,77,85
(5)
Initial nominations. The governmental accountability candidate
6committee under section 15.60 (2) of the statutes, as created by this act, shall submit
7its initial nominations of individuals to serve as members of the government
8accountability board no later than November 1, 2006.
SB1-ASA5,77,139
(6)
Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if
10a court finds that the repeal and recreation of section 71.10 (3) (b) of the statutes by
11this act, or any part of the laws specified in
2001 Wisconsin Act 109, section
9115 (2y)
12(b), is unconstitutional, the repeal and recreation of section 71.10 (3) (b) of the
13statutes by this act is void.
SB1-ASA5, s. 198
14Section
198.
Effective dates. This act takes effect on June 1, 2007, except
15as follows:
SB1-ASA5,77,2016
(1) The treatment of sections 5.052, 5.054, 15.07 (5) (m), 15.60, 15.603, 20.923
17(4) (intro.), (e) 2e., and (f) 3j., 230.08 (2) (e) 4h. and (on) and (4) (a) of the statutes, the
18renumbering and amendment of section 15.03 of the statutes, the creation of section
1915.03 (2) of the statutes, and
Section 197 (3
) (b) to (d) and (4
) to (6) of this act take
20effect on January 1, 2007.