(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board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability board to the extent allowed under the contract.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.
