Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,17,13 6.97 (1) Whenever any individual who is required to provide proof of residence under s. 6.34 in order to be permitted to vote appears to vote at a polling place and cannot provide the required proof of residence, the inspectors shall offer the opportunity for the individual to vote under this section. Whenever any individual who is required to provide identification under s. 6.345 appears to vote at a polling place and does not present identification, the inspectors or the municipal clerk shall similarly offer the opportunity for the individual to vote under this section. If the individual wishes to vote, the inspectors shall provide the elector with an envelope marked "Ballot under s. 6.97, stats." on which the serial number of the elector is entered and shall require the individual to execute on the envelope a written affirmation stating that the individual is a qualified elector of the ward or election district where he or she offers to vote and is eligible to vote in the election. The inspectors shall, before giving the elector a ballot, write on the back of the ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". If voting machines are used in the municipality where the individual is voting, the individual's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding number from the poll list or other list maintained under s. 6.79 and the notation "s. 6.97" written on the back of the ballot by the inspectors before the ballot is given to the elector. When receiving the individual's ballot, the inspectors shall provide the individual with written voting information prescribed by the board under s. 7.08 (8). The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or identification under s. 6.345 but did not do so. The inspectors shall notify the individual that he or she may provide proof of residence or identification to the municipal clerk or executive director of the municipal board of election commissioners. The inspectors shall also promptly notify the municipal clerk or executive director of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside the envelope and place the envelope in a separate carrier envelope.

SB40-ASA1-AA1,18,6 (2) Whenever any individual who votes by absentee ballot is required to provide proof of residence in order to be permitted to vote and does not provide the required proof of residence under s. 6.34, the inspectors shall treat the ballot as a provisional ballot under this section. Whenever any individual who is required to provide identification under s. 6.345, other than an individual who is exempted under s. 6.87 (4), votes by absentee ballot and does not enclose a copy of the identification specified in s. 6.86 (1) (ar), the inspectors shall similarly treat the ballot as a provisional ballot under this section. Upon removing the ballot from the envelope, the inspectors shall write on the back of the absentee ballot the serial number of the individual corresponding to the number kept at the election on the poll list or other list maintained under s. 6.79 and the notation "s. 6.97". The inspectors shall indicate on the list the fact that the individual is required to provide proof of residence or a copy of the identification specified in s. 6.86 (1) (ar) but did not do so. The inspectors shall promptly notify the municipal clerk or executive director of the municipal board of election commissioners of the name, address, and serial number of the individual. The inspectors shall then place the ballot inside an envelope on which the name and serial number of the elector is entered and shall place the envelope in a separate carrier envelope.

SB40-ASA1-AA1, s. 1ps Section 1ps. 6.97 (3) of the statutes is renumbered 6.97 (3) (b) and amended to read:

SB40-ASA1-AA1,19,3 6.97 (3) (b) Whenever the municipal clerk or executive director of the municipal board of election commissioners is informed by the inspectors that a ballot has been cast under this section, the clerk or executive director shall promptly provide written notice to the board of canvassers of each municipality, special purpose district, and county that is responsible for canvassing the election of the number of ballots cast under this section in each ward or election district. The municipal clerk or executive director then shall determine whether each individual voting under this section is qualified to vote in the ward or election district where the individual's ballot is cast. If the elector is required to provide a license or identification card or copy thereof under s. 6.79 (2) or 6.87 (4) and fails to do so, the elector bears the burden of correcting the omission by providing the license or identification card or copy thereof at the polling place before the closing hour or at the office of the municipal clerk or board of election commissioners no later than 4 p.m. on the day after the election. The municipal clerk or executive director shall make a record of the procedure used to determine the validity of each ballot cast under this section. If, prior to 4 p.m. on the day after the election, the municipal clerk or executive director determines that the individual is qualified to vote in the ward or election district where the individual's ballot is cast, the municipal clerk or executive director shall notify the board of canvassers for each municipality, special purpose district and county that is responsible for canvassing the election of that fact.

SB40-ASA1-AA1, s. 1pt Section 1pt. 6.97 (3) (a) and (c) of the statutes are created to read:

SB40-ASA1-AA1,19,14 6.97 (3) (a) Whenever an elector who votes by provisional ballot under sub. (1) or (2) because the elector does not provide a license or identification card or copy thereof under s. 6.79 (2) or 6.87 (4) later appears at the polling place where the ballot is cast before the closing hour and provides the license or identification card, the inspectors shall remove the elector's ballot from the separate carrier envelope, shall note on the poll list that the elector's provisional ballot is withdrawn, and shall deposit the elector's ballot in the ballot box. If the inspectors have notified the municipal clerk or executive director of the board of election commissioners that the elector's ballot was cast under this section, the inspectors shall notify the clerk or executive director that the elector's provisional ballot is withdrawn.

SB40-ASA1-AA1,19,19 (c) A ballot cast under this section by an elector for whom a valid license or identification card or copy thereof is required under s. 6.79 (2) or 6.87 (4) shall not be counted unless the municipal clerk or executive director of the board of election commissioners provides timely notification that the elector has provided a valid license or identification card or copy thereof under this section.

SB40-ASA1-AA1, s. 1pu Section 1pu. 6.97 (4) of the statutes is amended to read:

SB40-ASA1-AA1,20,6 6.97 (4) Whenever a board of canvassers receives timely notification from the municipal clerk or executive director of the board of election commissioners under sub. (3) (b) that an individual who has voted under this section is qualified to vote in the ward or election district where the individual's ballot is cast, the board of canvassers shall promptly reconvene and, if the ballot cast by the individual is otherwise valid, shall count the ballot and adjust the statements, certifications and determinations accordingly. If the municipal clerk or executive director transmits returns of the election to the county clerk or board of election commissioners, the municipal clerk or executive director shall transmit to the county clerk or board of election commissioners a copy of the amended returns together with all additional ballots counted by each board of canvassers.

SB40-ASA1-AA1, s. 1pw Section 1pw. 7.08 (1) (c) of the statutes is amended to read:

SB40-ASA1-AA1,20,12 7.08 (1) (c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.345, 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.

SB40-ASA1-AA1, s. 1px Section 1px. 7.08 (8) (title) of the statutes is amended to read:

SB40-ASA1-AA1,20,15 7.08 (8) (title) Electors voting without proof of residence or identification or pursuant to court order.".

SB40-ASA1-AA1,20,16 8. Page 2, line 7: after that line insert:

SB40-ASA1-AA1,20,17 " Section 3b. 7.50 (2) (a) of the statutes is repealed.

SB40-ASA1-AA1, s. 3c Section 3c. 10.02 (3) (b) 1. of the statutes is amended to read:

SB40-ASA1-AA1,21,4 10.02 (3) (b) 1. If an elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (7) or depress the lever or button next to the party designation shown at the top of the ballot. Unless a name has been erased or crossed out, another name written in, a cross made next to the name of a candidate for the same office in another column or a sticker applied, a cross next to a party designation at the top of the column is a vote for all the party's candidates listed in the column. If an elector does not wish to vote for all the candidates nominated by one party, the The elector shall make a cross (7) next to or separately depress the levers or buttons next to each candidate's name for whom he or she intends to vote, or shall insert or write in the name of a candidate.

SB40-ASA1-AA1, s. 3cm Section 3cm. 10.02 (3) (c) of the statutes is amended to read:

SB40-ASA1-AA1,21,10 10.02 (3) (c) In presidential elections, unless the elector wishes to vote for all candidates nominated by any party, the elector shall make a cross (7) next to or depress the button or lever next to the set of candidates for president and vice president for whom he or she intends to vote. A vote for candidates for president and vice president is a vote for the presidential electors of those candidates.".

SB40-ASA1-AA1,21,11 9. Page 2, line 7: after that line insert:

SB40-ASA1-AA1,21,12 "" Section 2m. 7.15 (2) (b) of the statutes is amended to read:

SB40-ASA1-AA1,21,15 7.15 (2) (b) Cities over 500,000 population may prepare their own official and sample ballots, subject to s. 5.66 (1m). Official ballots not utilized as absentee ballots shall be printed so they are ready at least 2 days before the election.

SB40-ASA1-AA1, s. 2n Section 2n. 7.15 (2) (c) of the statutes is amended to read:

SB40-ASA1-AA1,21,21 7.15 (2) (c) With Subject to s. 5.66 (1m) and with the consent of the county clerk, municipalities may prepare their own ballots whenever voting machines or electronic voting systems are used in elections where candidates for both local offices and national, state or county offices appear on the ballot. This paragraph does not apply to cities under par. (b).".

SB40-ASA1-AA1,21,22 10. Page 2, line 7: after that line insert:

SB40-ASA1-AA1,21,23 " Section 3bm. 7.52 (3) (a) of the statutes is amended to read:

SB40-ASA1-AA1,22,24 7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier envelope only, and, in such a manner that a member of the public, if he or she desired, could hear, announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47 (2). When the board of absentee ballot canvassers finds that the certification has been properly executed and the applicant is a qualified elector of the ward or election district, the board of absentee ballot canvassers shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. The board of absentee ballot canvassers shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The board of absentee ballot canvassers shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, or if the elector is required to provide a copy of identification under s. 6.87 (4) and no copy of the identification is enclosed or the name on the document cannot be verified by the canvassers, the board of absentee ballot canvassers shall proceed as provided under s. 6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of each elector who casts an absentee ballot on the back of the elector's ballot. The board of absentee ballot canvassers shall then deposit the ballot into the proper ballot box and enter the absent elector's name or poll list number after his or her name on the poll list.

SB40-ASA1-AA1, s. 3bp Section 3bp. 10.02 (3) (form) (a) of the statutes is amended to read:

SB40-ASA1-AA1,23,16 10.02 (3) (form) (a) Upon entering the polling place and before being permitted to vote, an elector shall state his or her name and address. If an elector is not registered to vote, an elector may register to vote at the polling place serving his or her residence if the elector provides proof of residence or the elector's registration is verified by another elector of the same municipality where the elector resides. If an elector has elected to be subject to an identification requirement under s. 6.345 (1), and any proof of residence provided by the elector does not constitute identification, the elector shall also present a valid Wisconsin operator's license, a valid, current identification card issued to the elector by a U.S. uniformed service, or a valid Wisconsin identification card unless the elector is exempted from this requirement. Where ballots are distributed to electors, the initials of 2 inspectors must appear on the ballot. Upon being permitted to vote, the elector shall retire alone to a voting booth or machine and cast his or her ballot, except that an elector who is a parent or guardian may be accompanied by the elector's minor child or minor ward. An election official may inform the elector of the proper manner for casting a vote, but the official may not in any manner advise or indicate a particular voting choice.".

SB40-ASA1-AA1,23,17 11. Page 2, line 7: after that line insert:

SB40-ASA1-AA1,23,18 " Section 3c. 9.20 (4) of the statutes is amended to read:

SB40-ASA1-AA1,24,5 9.20 (4) The Except as provided in sub. (9), the common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

SB40-ASA1-AA1, s. 3ce Section 3ce. 9.20 (9) of the statutes is created to read:

SB40-ASA1-AA1,24,8 9.20 (9) A common council or village board is not required to act under sub. (4) if any of the following applies:

SB40-ASA1-AA1,24,10 (a) The proposed ordinance or resolution does not substantially relate to any city or village governmental function or responsibility.

SB40-ASA1-AA1,24,12 (b) The proposed ordinance or resolution is primarily ceremonial or aspirational.".

SB40-ASA1-AA1,24,13 12. Page 3, line 5: after that line insert:

SB40-ASA1-AA1,24,14 " Section 3u. 13.093 (2) (b) of the statutes is amended to read:

SB40-ASA1-AA1,25,2 13.093 (2) (b) Executive budget bills introduced under s. 16.47 (1) are exempt from the fiscal estimate requirement under par. (a) but shall, if they contain a provision affecting a public retirement fund or, providing a tax exemption, or imposing a mandate, as defined in s. 13.59 (1) (b), be analyzed as to those provisions by the respective joint survey committee or the joint committee on state mandates. If such a bill imposes a mandate, as defined in s. 13.59 (1) (b), the bill shall be simultaneously referred to the joint committee on state mandates and the joint committee on finance. If such a bill contains a provision providing a tax exemption, the bill shall be simultaneously referred to the joint survey committee on tax exemptions and the joint committee on finance. The report of the joint survey committee on tax exemptions shall be prepared within 60 days of introduction for bills introduced under s. 16.47 (1).".

SB40-ASA1-AA1,25,3 13. Page 3, line 5: after that line insert:

SB40-ASA1-AA1,25,4 " Section 3u. 11.386 of the statutes is created to read:

SB40-ASA1-AA1,25,7 11.386 Use of moneys derived from employment for political purposes. (1) In this section, "employer" includes the state and every local governmental unit, as defined in s. 16.97 (7).

SB40-ASA1-AA1,25,11 (2) No employer or labor organization may increase the salary of an officer or employee, or give an emolument to an officer, employee, or other person, with the intention that the increase in salary, or the emolument, or a part of it, be used to make a contribution or disbursement.

SB40-ASA1-AA1,25,16 (3) No employer or labor organization may discriminate against an officer or employee with respect to any term or condition of employment for failing to make a contribution; failing to support or oppose a candidate, proposition, political party, or committee; or supporting or opposing a candidate, proposition, political party, or committee.

SB40-ASA1-AA1,25,24 (4) No employer or other person who is responsible for the disbursement of moneys in payment of wages or salaries may withhold any portion of an employee's wages or salary for the purpose of making a contribution to a committee or for use as a contribution to a committee except upon the written request of the employee. Any such request shall be made on a form prescribed by the board informing the employee of the prohibition under sub. (3). The request is valid for 12 months from the date on which it is made by the employee unless the employer and employee agree to an earlier termination date.

SB40-ASA1-AA1,26,8 (5) Each person who withholds moneys under sub. (4) shall maintain open for public inspection for a period of no less than 3 years from the date on which a withholding occurs, during normal business hours, documents and books of accounts which shall include a copy of each employee's request for withholding, the amounts and dates on which moneys are withheld under the request, and the amounts and dates on which moneys are transferred to any committee by the person. Each such person shall deliver or transmit copies of such information to the board upon its request.

SB40-ASA1-AA1, s. 3vb Section 3vb. 11.387 of the statutes is created to read:

SB40-ASA1-AA1,26,11 11.387 Use of deductions for payments to labor organizations. (1) In this section:

SB40-ASA1-AA1,26,12 (a) "All-union agreement" has the meaning given under s. 111.02 (1).

SB40-ASA1-AA1,26,14 (b) "Fair-share agreement" has the meaning given under s. 111.70 (1) (f) or 111.81 (9).

SB40-ASA1-AA1,26,19 (2) No labor organization may use moneys derived from an all-union agreement or a fair-share agreement that are paid by an individual who is not a member of the organization for the purpose of making a contribution or disbursement, unless authorized by the individual. Any authorization shall be made in the manner provided under s. 11.386 (4).".

SB40-ASA1-AA1,26,21 14. Page 3, line 7: delete the material beginning with that line and ending with page 4, line 23.

SB40-ASA1-AA1,26,22 15. Page 4, line 23: after that line insert:

SB40-ASA1-AA1,26,24 " Section 6d. 13.121 (4) of the statutes is renumbered 13.121 (4) (a) and amended to read:

SB40-ASA1-AA1,27,9 13.121 (4) (a) For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the director of the office of state employment relations and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923, except as provided in par. (b). This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

SB40-ASA1-AA1, s. 6h Section 6h. 13.121 (4) (b) of the statutes is created to read:

SB40-ASA1-AA1,27,13 13.121 (4) (b) No member of the legislature may receive sick leave as a member of the legislature during any term of office that begins after the effective date of this paragraph .... [revisor inserts date].".

SB40-ASA1-AA1,27,14 16. Page 5, line 6: after that line insert:

SB40-ASA1-AA1,27,15 " Section 7m. 13.48 (10) (a) of the statutes is amended to read:

SB40-ASA1-AA1,28,3 13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $150,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".

SB40-ASA1-AA1,28,4 17. Page 6, line 25: after that line insert:

SB40-ASA1-AA1,28,5 " Section 9nh. 13.48 (32r) of the statutes is repealed.".

SB40-ASA1-AA1,28,6 18. Page 6, line 25: after that line insert:

SB40-ASA1-AA1,28,7 " Section 9og. 13.489 (5) (b) of the statutes is amended to read:

SB40-ASA1-AA1,28,11 13.489 (5) (b) All project information included in any report required under this subsection par. (a) shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this subsection.

SB40-ASA1-AA1, s. 9oh Section 9oh. 13.489 (5) (c) of the statutes is created to read:

SB40-ASA1-AA1,28,16 13.489 (5) (c) With the report submitted under par. (a), by February 1 of each year, the department of transportation shall include a current project schedule for all projects enumerated under s. 84.013 (3) or approved under s. 84.013 (6), showing the annual funding required until completion for each project.".

SB40-ASA1-AA1,28,17 19. Page 7, line 7: after "ss." insert "13.58 (5) (b) 5.,".

SB40-ASA1-AA1,28,19 20. Page 7, line 8: delete the material beginning with "(Lg)" and ending with "(14)" and substitute "(Lg), and 16.973 (10) to (15)".

SB40-ASA1-AA1,28,20 21. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,28,21 " Section 9rg. 13.58 (5) (b) 5. of the statutes is created to read:

SB40-ASA1-AA1,29,2 13.58 (5) (b) 5. Review any executive branch information technology project identified in a report submitted to the committee by the department of administration under s. 16.973 (15) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).".

SB40-ASA1-AA1,29,3 22. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,29,4 " Section 9t. 13.59 of the statutes is created to read:

SB40-ASA1-AA1,29,5 13.59 Joint committee on state mandates. (1) Definitions. In this section:

SB40-ASA1-AA1,29,6 (a) "Local governmental unit" has the meaning given in s. 19.42 (7u).

SB40-ASA1-AA1,29,12 (b) "Mandate," except in sub. (6), means a statutory provision placing a requirement on a local governmental unit and, in sub. (6), has the meaning given in s. 227.112 (1) (b). The term does not include any statutory provision that relates to employment discrimination or the compensation, benefits, leave, collective bargaining rights, or conditions of employment of employees or retirees of a local governmental unit or prevailing wages under s. 66.0903.

SB40-ASA1-AA1,29,18 (2) Creation. There is created a joint committee on state mandates, consisting of 3 majority party and 2 minority party senators and 3 majority party and 2 minority party representatives to the assembly appointed as are the members of standing committees in their respective houses. At least one member of the majority party of each house who is appointed to the joint committee on state mandates must also be a member of the joint committee on finance.

SB40-ASA1-AA1,29,20 (3) Committee procedures. (a) The committee shall meet at the call of its cochairpersons.

SB40-ASA1-AA1,29,22 (b) All actions of the committee require the approval of a majority of all of the members.

SB40-ASA1-AA1,29,23 (4) Powers and duties. (a) The committee shall:

SB40-ASA1-AA1,30,2 1. Provide the legislature with a report under sub. (5) concerning each bill that would impose a mandate.

SB40-ASA1-AA1,30,4 2. On a regular basis, review existing mandates and evaluate their desirability as a matter of public policy, cost-effectiveness, and financial responsibility.

SB40-ASA1-AA1,30,5 (b) The committee may make investigations and hold hearings.

SB40-ASA1-AA1,30,13 (5) Report. (a) Upon the introduction in either house of the legislature of a bill that would impose a mandate, the bill shall at once be referred to the joint committee on state mandates by the presiding officer, unless the presiding officer determines that the mandate has a minimal fiscal effect on local governmental units. The bill may not be considered further by either house or any other committee until the earlier of 30 days after referral or the time at which the joint committee on state mandates submits a written report, to the chief clerk of the house in which the bill is introduced, doing all of the following:

SB40-ASA1-AA1,30,15 1. Describing the fiscal effect on state government and on local governmental units of the mandate contained in the bill.

SB40-ASA1-AA1,30,16 2. Identifying the objective of the mandate contained in the bill.

SB40-ASA1-AA1,30,18 3. Determining whether it is possible to achieve the objective without imposing a mandate.

SB40-ASA1-AA1,30,20 4. Determining whether the mandate contained in the bill is state-imposed or is addressing a requirement imposed by the federal government.