2007 Wisconsin Act 1

1,190 Section 190. 230.08 (2) (e) 4h. of the statutes is created to read:

230.08 (2) (e) 4h. Government accountability board — 2.

1,191 Section 191. 230.08 (2) (om) of the statutes is repealed.

1,192 Section 192. 230.08 (2) (on) of the statutes is created to read:

230.08 (2) (on) The legal counsel to the government accountability board.

1,193 Section 193. 230.08 (2) (wm) of the statutes is repealed.

1,194 Section 194. 230.08 (4) (a) of the statutes is amended to read:

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.

1,195 Section 195. 234.02 (3m) (c) of the statutes is amended to read:

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.

1,196 Section 196. 301.03 (20m) of the statutes is amended to read:

301.03 (20m) Transmit to the elections government accountability board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

1,197 Section 197. 343.11 (2m) of the statutes is amended to read:

343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections government accountability board of the person's name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

1,198 Section 198. 560.04 (2m) of the statutes is amended to read:

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.

1,199 Section 199. 758.19 (9) of the statutes is created to read:

758.19 (9) If a court of appeals judge is appointed to serve as a member of the governmental accountability candidate committee and the judge has good cause for declining to serve, the director of state courts shall accept from the judge a written communication setting forth the reasons why the judge cannot or should not serve and the judge shall then be excused from service. Upon receipt of the communication, the director shall notify the chief justice and the vacancy shall then be filled as provided in ss. 15.60 (2) and 17.20 (1).

1,200 Section 200. 778.135 of the statutes is amended to read:

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 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.

1,201 Section 201. 778.136 of the statutes is repealed.

1,202 Section 202. 801.50 (5t) of the statutes is created to read:

801.50 (5t) Except as otherwise provided in ss. 801.52 and 971.223 (1) and (2), venue in a civil action to impose a forfeiture upon a resident of this state for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county. This subsection does not affect which prosecutor has responsibility under s. 978.05 (2) to prosecute civil actions arising from violations under s. 971.223 (1).

1,203 Section 203. 801.52 of the statutes is amended to read:

801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.

1,204 Section 204. 801.64 of the statutes is created to read:

801.64 Legislative findings; 2007 Wisconsin Act .... (this act). The legislature finds that providing under 2007 Wisconsin Act .... (this act) for the place of trial in the county where the offender resides is consistent with the legislature's authority under article I, section 7, of the constitution and with previous acts by the legislature providing for the place of trial in counties other than where the elements of the offense may have occurred. The legislature further finds that allowing defendants charged with violating offenses covered by 2007 Wisconsin Act .... (this act) to request a trial in the county where the offense occurred is consistent with the protections in article I, section 7, of the constitution. The legislature finds that violations of offenses covered by 2007 Wisconsin Act .... (this act) are violations of the public trust that should be adjudicated in the county where the offender resides so the individuals who the defendant interacts with daily, serves, or represents as a public official or candidate and whose trust was violated by the offense will judge the defendant's guilt or innocence. The legislature further finds that to so provide is consistent with equal protection of the laws under article I, section 1, of the constitution. The legislature finds the venue provision in 2007 Wisconsin Act .... (this act) represents an appropriate balance between the rights of the defendant and the need to prevent and prosecute civil and criminal offenses covered by 2007 Wisconsin Act .... (this act).

1,205 Section 205. 971.19 (12) of the statutes is created to read:

971.19 (12) Except as provided in s. 971.223, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under subch. 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. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

1,206 Section 206. 971.223 of the statutes is created to read:

971.223 Change of Place of Trial for Certain Violations. (1) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a defendant who is a resident of this state may move to change the place of trial to the county where the offense was committed. The motion shall be in writing.

(2) The court shall grant a motion under this section if the court determines that the county where the offense was committed is different than the county where the defendant resides. If there is more than one county where the offense was committed, the court shall determine which of the counties where the offense was committed will be the place of trial. The judge who orders the change in the place of trial shall preside at the trial and the jury shall be chosen from the county where the trial will be held. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge shall determine where the record shall be kept and, if the defendant is in custody, where the defendant shall be held.

(3) This section does not affect which prosecutor has responsibility under s. 978.05 (1) to prosecute criminal actions arising from violations under sub. (1).

(4) This section does not affect the application of s. 971.22. In actions under sub. (1), the court may enter an order under s. 971.225 only if the order is agreed to by the defendant.

1,207 Section 207. 971.225 (1) (intro.) of the statutes is amended to read:

971.225 (1) (intro.) In lieu of changing the place of trial under s. 971.22 (3) or 971.223, the court may require the selection of a jury under sub. (2) if:

1,208 Section 208. 978.05 (1) and (2) of the statutes are amended to read:

978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit and have sole responsibility for prosecution of all criminal actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or this chapter or by referral of the government accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes of this subsection, a person other than a natural person is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

(2) Forfeitures. Except as otherwise provided by law, prosecute all state forfeiture actions, county traffic actions and actions concerning violations of county ordinances which are in conformity with state criminal laws in the courts within his or her prosecutorial unit and have joint responsibility, together with the government accountability board, for prosecution of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur within his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (h) or this chapter or by referral of the government accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes of this subsection, a person other than a natural person is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

1,209 Section 209 . Nonstatutory provisions.

(1) Initiation date. In this section, "initiation date" means the first day of the 7th month beginning after publication of this act, or the 31st day beginning after the date on which the government accountability board has given final approval to the hiring of individuals to initially fill the positions of legal counsel to the board, administrator of the ethics and accountability division of the board, and administrator of the elections division of the board, whichever is later.

(2) Transfer of elections board.

(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.

(b) Positions and employees.

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

2. All incumbent employees holding positions in the elections board on the effective date of this subdivision, except the incumbent employee holding the position of executive director, are transferred on the effective date of this subdivision to the government accountability board.

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.

(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.

(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.

(e) Rules and orders. Within one year after the initiation date, the board shall hold one or more public hearings on the question of reaffirmation of each rule that has been promulgated and each order that has been issued by the elections board and that is in effect on that date. Except as authorized in this paragraph, every rule promulgated by the elections board that is in effect on the effective date of this paragraph remains in effect until its specified expiration date or until the end of the 365-day period beginning on the initiation date, whichever is earlier, unless that board repeals or amends the rule, effective on an earlier date, or unless that board specifically votes to reaffirm the rule. Except as authorized in this paragraph, every order issued by the elections board that is in effect on the effective date of this paragraph remains in effect until its specified expiration date or until the end of the 365-day period beginning on the initiation date, whichever is earlier, unless that board modifies or rescinds the order, effective on an earlier date, or unless that board specifically votes to reaffirm the order. Any action by the board to amend or repeal a rule shall be in accordance with subchapter II of chapter 227 of the statutes. The board may extend the expiration date of any rule or order under this paragraph for not more than 3 months in order to afford time for additional review, but no such extension or renewal of an extension may extend the expiration date of any rule or order by more than 6 months in all.

(f) Formal opinions. Within one year after the initiation date, the board shall hold one or more public hearings on the question of reaffirmation of each formal opinion that has been issued by the elections board and that has not been withdrawn or modified. Except as authorized in this paragraph, every formal opinion issued by the elections board that has not been withdrawn or modified on the initiation date remains in effect until the end of the 365-day period beginning on the initiation date unless that board withdraws or modifies the opinion on an earlier date, or unless that board specifically votes to reaffirm the opinion on an earlier date. The board may extend the period of effectiveness of any formal opinion under this paragraph for not more than 3 months in order to afford time for additional review, but no such extension or renewal of an extension may extend the period of effectiveness of any opinion by more than 6 months in all.

(g) Review of internal operating procedures. During the 365-day period beginning on the initiation date, the board shall review all internal operating procedures of the elections board in effect on the initiation date that affect the manner in which the board interrelates with persons who are not employees of the board. The review shall specifically address the degree to which employees are authorized to perform their functions without direct supervision of or approval of the board. During the pendency of the review, no employee of the government accountability board may make any change in an internal operating procedure described in this paragraph unless that board first holds a public hearing concerning the proposed change and that board specifically approves the change.

(h) 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.

(3) Transfer of ethics board.

(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.

(b) Positions and employees.

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

2. All incumbent employees holding positions in the ethics board on the effective date of this subdivision, except the incumbent employee holding the position of executive director, are transferred on the effective date of this subdivision to the government accountability board.

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.

(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.

(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.

(e) Rules and orders. Within one year after the initiation date, the board shall hold one or more public hearings on the question of reaffirmation of each rule that has been promulgated and each order that has been issued by the ethics board and that is in effect on that date. Except as authorized in this paragraph, every rule promulgated by the ethics board that is in effect on the effective date of this paragraph remains in effect until its specified expiration date or until the end of the 365-day period beginning on the initiation date, whichever is earlier, unless that board amends or repeals the rule, effective on an earlier date, or unless that board specifically votes to reaffirm the rule. Except as authorized in this paragraph, every order issued by the ethics board that is in effect on the effective date of this paragraph remains in effect until its specified expiration date or until the end of the 365-day period beginning on the initiation date, whichever is earlier, unless that board modifies or rescinds the order, effective on an earlier date, or unless that board specifically votes to reaffirm the order. Any action by the board to amend or repeal a rule shall be in accordance with subchapter II of chapter 227 of the statutes. The board may extend the expiration date of any rule or order under this paragraph for not more than 3 months in order to afford time for additional review, but no such extension or renewal of an extension may extend the expiration date of any rule or order by more than 6 months in all.

(f) Formal opinions. Within one year after the initiation date, the board shall hold one or more public hearings on the question of reaffirmation of each formal opinion that has been issued by the ethics board and that has not been withdrawn or modified. If the formal opinion is confidential, the board shall hold the hearing on the question of reaffirmation of the summary of the opinion that has been published. Except as authorized in this paragraph, every formal opinion issued by the ethics board or by the executive director of the ethics board acting in its stead that has not been withdrawn or modified on the initiation date remains in effect until the end of the 365-day period beginning on the initiation date unless that board withdraws or modifies the opinion on an earlier date, or unless that board specifically votes to reaffirm the opinion on an earlier date. The board may extend the period of effectiveness of any formal opinion under this paragraph for not more than 3 months in order to afford time for additional review, but no such extension or renewal of an extension may extend the period of effectiveness of an opinion by more than 6 months in all.

(g) Review of guidelines. Within one year after the initiation date, the board shall hold one or more public hearings for the purpose of reviewing the question of reaffirmation of each current guideline that has been issued by the ethics board. The review shall address the extent to which the guidelines are consistent with relevant law. Except as authorized in this paragraph, the government accountability board shall withdraw each guideline identified in this paragraph at the end of the 365-day period beginning on the initiation date, unless the board chooses to withdraw or revise the guideline at an earlier date or unless the board specifically votes to reaffirm the current text of the guideline as issued prior to the end of that period. The board may extend the circulation period of any guideline identified in this paragraph for not more than 3 months in order to afford time for additional review, but no such extension or renewal of an extension may extend the circulation period of a guideline by more than 6 months in all.

(h) Review of internal operating procedures. During the 365-day period beginning on the initiation date, the board shall review all internal operating procedures of the ethics board in effect on the initiation date that affect the manner in which the board interrelates with persons who are not employees of the board. The review shall specifically address the degree to which employees are authorized to perform their functions without direct supervision of or approval of the board. During the pendency of the review, no employee of the government accountability board may make any change in an internal operating procedure described in this paragraph unless that board first holds a public hearing concerning the proposed change and that board specifically approves the change.

(i) 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.

(4) Confirmation of persons nominated to initially fill positions on the board. Notwithstanding section 15.07 (1) (a) 2. of the statutes, as affected by this act, the governor shall submit the names of the nominees to initially fill 3 of the positions as members of the government accountability board to the assembly and shall submit the names of the nominees to initially fill 3 of the positions as members of the government accountability board to the senate, and the nominees to initially fill those positions are subject to confirmation solely by a majority of the members present and voting on a nomination in the house to which their names are submitted. Notwithstanding section 5.052 (4) of the statutes, as created by this act, if a nominee of the governor to initially fill a position as a member of the government accountability board dies or withdraws, or if such a nomination is withdrawn by the governor or rejected by the house to which submitted under this subsection, the government accountability candidate committee shall submit an additional nominee to the governor for appointment to the board, subject to confirmation by the same house in accordance with this subsection.

(5) Board transitions; initial terms.

(a) Notwithstanding section 15.61, 2005 stats., section 15.62, 2005 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 the initiation date.

(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. Notwithstanding section 15.07 (4) of the statutes, as affected by this act, the board does not have a quorum for transaction of business at its initial meeting until 6 members have initially been appointed and qualify to serve.

(c) The government accountability candidate committee shall submit to the governor the names of at least 8 qualified individuals to fill the initial positions as members of the government accountability board. In making nominations to initially fill positions as members of the government accountability board, the government accountability candidate committee shall draw lots at a meeting of the committee to assign a numerical sequence to each nomination, beginning with the number one. Notwithstanding section 15.60 (1) of the statutes, as created by this act, from the nominations submitted, the governor shall nominate the nominee who is assigned the lowest number to serve for a term expiring on May 1, 2014; the nominee having the next highest number to serve for a term expiring on May 1, 2013; the nominee having the next highest number to serve for a term expiring on May 1, 2012; the nominee having the next highest number to serve for a term expiring on May 1, 2011; the nominee having the next highest number to serve for a term expiring on May 1, 2010; and the nominee having the next highest number to serve for a term expiring on May 1, 2009.

(d) Notwithstanding section 15.60 (2) of the statutes, as created by this act, the initial members of the governmental accountability candidate committee shall serve for terms expiring on March 1, 2009.

(6) Implementation.

(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 provide such administrative support to the government accountability board as the board may require, without additional compensation for such service, until such time as the board initially appoints a legal counsel to the board and the appointee takes office. The director of the legislative council staff is vested with full authority and responsibility to carry out all administrative functions of the legal counsel to the government accountability board, the divisions in the government accountability board, and the administrators of the divisions prior to appointment and qualification of the initial legal counsel, including the retention and termination of all staff not transferred to the board that the board is authorized to employ under this act.

(b) Notwithstanding section 15.07 (2) (b) of the statutes, as created by this act, the member of the government accountability board who is first nominated shall choose the initial chairperson of the board at the first meeting of the board in accordance with section 15.07 (2) (b) of the statutes, as created by this act.

(c) Prior to the initiation date, the government accountability board may expend moneys from the appropriation under section 20.511 (1) (a) of the statutes, as created by this act, for the purpose of meeting, employing staff, and preparing to assume its full authority and responsibilities on that date.

(7) Joint Committee on Finance. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes for the 2005-07 fiscal biennium, $155,400 is reserved to supplement the appropriation of the government accountability board under section 20.511 (1) (a) of the statutes, as created by this act, in fiscal year 2006-07 for the purposes described in Section 210 (5) of this act.

1,210 Section 210 . Fiscal changes.

(1) The unencumbered balance in the appropriation account under section 20.510 (1) (h) of the statutes is transferred to the appropriation account under section 20.511 (1) (h) of the statutes, as created by this act.

(2) The unencumbered balance in the appropriation account under section 20.510 (1) (i) of the statutes is transferred to the appropriation account under section 20.511 (1) (i) of the statutes, as created by this act.

(3) The unencumbered balance in the appropriation account under section 20.521 (1) (g) of the statutes is transferred to the appropriation account under section 20.511 (1) (i) of the statutes, as created by this act.

(4) The unencumbered balance in the appropriation account under section 20.521 (1) (i) of the statutes is transferred to the appropriation account under section 20.511 (1) (h) of the statutes, as created by this act.

(5) In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 2005 and 2007, the dollar amount is increased by $155,400 for fiscal year 2006-07 to provide funding for the government accountability board to hold meetings, employ staff, and prepare to assume its full authority and responsibilities under this act.

1,211 Section 211. Effective dates. This act takes effect on the initiation date specified in section 209 (1), except as follows:

(1) The treatment of sections 5.052, 5.054, 15.07 (1) (a) 2., (2) (b), and (5) (m), 15.60, 15.603, 20.511 (intro.) and (1) (title) and (a), 20.923 (4) (f) 3j., and 230.08 (2) (e) 4h. and (on) and (4) (a) of the statutes, Sections 209 (5 ) to (7) and 210 (5 ) of this act take effect on the day after publication.

(2) The repeal and recreation of section 20.005 (3) (schedule) 20.511 of the statutes takes effect on July 1, 2007.

(3) The repeal of section 20.511 (1) (c) of the statutes takes effect on July 1, 2007.