AB388: Bill Text Engrossed

AB388-engrossed,143 Section 143. 15.06 (2) (b) of the statutes is created to read:

AB388-engrossed,62,14 15.06 (2) (b) 1. The chairperson of the elections commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting every 2 years. The chairperson shall serve a 2-year term. The first chairperson shall be chosen from the commissioners affiliated with the same major political party. The major political party from which to select the first chairperson shall be determined by lot. The 2nd chairperson shall be chosen from the commissioners affiliated with the other major political party. Each subsequent chairperson shall be chosen from the commissioners affiliated with the 2 major political parties on a rotating basis.

AB388-engrossed,62,22 2. The chairperson of the ethics commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting every 2 years. The chairperson shall serve a 2-year term. The first chairperson shall be chosen from the commissioners affiliated with the same major political party. The major political party from which to select the first chairperson shall be determined by lot. The 2nd chairperson shall be chosen from the commissioners affiliated with the other major political party. Each subsequent chairperson shall be chosen from the commissioners affiliated with the 2 major political parties on a rotating basis.

AB388-engrossed,144 Section 144. 15.06 (3) (a) 5. of the statutes is created to read:

AB388-engrossed,62,24 15.06 (3) (a) 5. Members of the elections commission.

AB388-engrossed,145 Section 145. 15.06 (3) (a) 6. of the statutes is created to read:

AB388-engrossed,63,1 15.06 (3) (a) 6. Members of the ethics commission.

AB388-engrossed,146 Section 146. 15.06 (5) of the statutes is amended to read:

AB388-engrossed,63,8 15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state. The elections commission and the ethics commission shall meet in person at least 4 times each year and shall conduct meetings in accordance with accepted parliamentary procedure.

AB388-engrossed,147 Section 147. 15.06 (6) of the statutes is amended to read:

AB388-engrossed,63,13 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission , elections commission, or ethics commission.

AB388-engrossed,148 Section 148. 15.06 (10) of the statutes is created to read:

AB388-engrossed,63,18 15.06 (10) Compensation. Members of the elections commission and members of the ethics commission shall receive for each day they were actually and necessarily engaged in performing their duties a per diem equal to the amount prescribed under s. 753.075 (3) (a) for reserve judges sitting in circuit court.

AB388-engrossed,149 Section 149. 15.07 (1) (a) 2. of the statutes is repealed.

AB388-engrossed,150 Section 150. 15.07 (1) (cm) of the statutes is amended to read:

AB388-engrossed,64,6 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

AB388-engrossed,151 Section 151. 15.07 (2) (b) of the statutes is repealed.

AB388-engrossed,152 Section 152. 15.07 (4) of the statutes is amended to read:

AB388-engrossed,64,14 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board or the school district boundary appeal board as provided in ss. 5.05 (1e) and s. 117.05 (2) (a).

AB388-engrossed,153 Section 153. 15.07 (5) (m) of the statutes is repealed.

AB388-engrossed,154 Section 154. 15.60 (title) of the statutes is repealed.

AB388-engrossed,155 Section 155. 15.60 (1) of the statutes is renumbered 15.61 (1) (a) (intro.) and amended to read:

AB388-engrossed,64,21 15.61 (1) (a) (intro.) There is created a government accountability board an elections commission consisting of 6 persons. Members shall serve for 6-year terms. the following members who shall serve for 5-year terms:

AB388-engrossed,156 Section 156. 15.60 (2) of the statutes is repealed.

AB388-engrossed,157 Section 157. 15.60 (3) of the statutes is repealed.

AB388-engrossed,158 Section 158. 15.60 (4) of the statutes is renumbered 15.61 (2) and amended to read:

AB388-engrossed,65,3 15.61 (2) No member of the commission may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.

AB388-engrossed,159 Section 159. 15.60 (5) of the statutes is repealed.

AB388-engrossed,160 Section 160. 15.60 (6) of the statutes is renumbered 15.61 (3).

AB388-engrossed,161 Section 161. 15.60 (7) of the statutes is repealed.

AB388-engrossed,162 Section 162. 15.60 (8) of the statutes is renumbered 15.61 (4) and amended to read:

AB388-engrossed,65,11 15.61 (4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit judge or court of appeals judge under s. 753.075.

AB388-engrossed,163 Section 163. 15.603 (title) of the statutes is repealed.

AB388-engrossed,164 Section 164. 15.603 (1) (title) of the statutes is repealed.

AB388-engrossed,165 Section 165. 15.603 (1) of the statutes is renumbered 15.62 (1) (b) and amended to read:

AB388-engrossed,66,2 15.62 (1) (b) There is created in the government accountability board an ethics and accountability division. The ethics and accountability division commission shall be under the direction and supervision of an administrator, who shall be appointed by a majority of the members of the board commission, with the advice and consent of the senate, to serve for a 4-year term expiring on July 1 of the odd-numbered year. Until the senate has confirmed an appointment made under this subsection, the ethics commission shall be under the direction and supervision of an interim administrator selected by a majority of the members of the commission. If a vacancy occurs in the administrator position, the commission shall appoint a new administrator, and submit the appointment for senate confirmation, no later than 45 days after the date of the vacancy.

AB388-engrossed,166 Section 166. 15.603 (2) (title) of the statutes is repealed.

AB388-engrossed,167 Section 167. 15.603 (2) of the statutes is renumbered 15.61 (1) (b) and amended to read:

AB388-engrossed,66,16 15.61 (1) (b) There is created in the government accountability board an elections division. The elections division commission shall be under the direction and supervision of an administrator, who shall be appointed by a majority of the members of the board commission, with the advice and consent of the senate, to serve for a 4-year term expiring on July 1 of the odd-numbered year. Until the senate has confirmed an appointment made under this subsection, the elections commission shall be under the direction and supervision of an interim administrator selected by a majority of the members of the commission. If a vacancy occurs in the administrator position, the commission shall appoint a new administrator, and submit the appointment for senate confirmation, no later than 45 days after the date of the vacancy.

AB388-engrossed,168 Section 168. 15.607 of the statutes is repealed.

AB388-engrossed,169 Section 169. 15.61 (title) of the statutes is created to read:

AB388-engrossed,66,19 15.61 (title) Elections commission; creation.

AB388-engrossed,170 Section 170. 15.61 (1) (a) 1. to 6. of the statutes are created to read:

AB388-engrossed,66,21 15.61 (1) (a) 1. One member appointed by the senate majority leader.

AB388-engrossed,66,22 2. One member appointed by the senate minority leader.

AB388-engrossed,66,23 3. One member appointed by the speaker of the assembly.

AB388-engrossed,66,24 4. One member appointed by the assembly minority leader.

AB388-engrossed,67,6 5. Two members who formerly served as county or municipal clerks and who are nominated by the governor, with the advice and consent of a majority of the members of the senate confirmed. The legislative leadership of the 2 major political parties that received the largest number of votes for president shall prepare a list of not more than 3 individuals such that each major political party has prepared one list. The governor shall choose one nominee from each list.

AB388-engrossed,67,12 6. For each political party, other than the 2 major political parties, qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party and with the advice and consent of a majority of the members of the senate confirmed.

AB388-engrossed,170m Section 170m. 15.61 (1m) of the statutes is created to read:

AB388-engrossed,67,15 15.61 (1m) Members appointed with the advice and consent of the senate may serve prior to senate confirmation.

AB388-engrossed,171 Section 171. 15.61 (5) of the statutes is created to read:

AB388-engrossed,67,20 15.61 (5) (a) 1. Except as provided in subd. 2., if a vacancy occurs for a member appointed under sub. (1) (a) 1. to 4., the individual responsible for making the appointment shall appoint a new member no later than 45 days after the date of the vacancy.

AB388-engrossed,67,24 2. If the political party affiliation of the individual responsible for filling a vacancy under this paragraph is not the same as the political party affiliation of the individual who made the initial appointment, the legislative leader of the political party that made the initial appointment shall fill the vacancy.

AB388-engrossed,68,3 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new member shall be selected, nominated, and submitted to the senate for confirmation no later than 45 days after the date of the vacancy.

AB388-engrossed,172 Section 172. 15.62 of the statutes is created to read:

AB388-engrossed,68,6 15.62 Ethics commission; creation. (1) (a) There is created an ethics commission consisting of the following members who shall serve for 5-year terms:

AB388-engrossed,68,7 1. One member appointed by the senate majority leader.

AB388-engrossed,68,8 2. One member appointed by the senate minority leader.

AB388-engrossed,68,9 3. One member appointed by the speaker of the assembly.

AB388-engrossed,68,10 4. One member appointed by the assembly minority leader.

AB388-engrossed,68,15 5. Two members, nominated by the governor and with the advice and consent of a majority of the members of the senate confirmed. The legislative leadership of the 2 major political parties that received the largest number of votes for president shall prepare a list of not more than 3 individuals such that each major political party has prepared one list. The governor shall choose one nominee from each list.

AB388-engrossed,68,21 6. For each political party, other than the 2 major political parties, qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party and with the advice and consent of a majority of the members of the senate confirmed.

AB388-engrossed,68,23 (1m) Members appointed with the advice and consent of the senate may serve prior to senate confirmation.

AB388-engrossed,69,3 (2) No member of the commission may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.

AB388-engrossed,69,5 (3) No member, while serving on the commission, may become a candidate, as defined in s. 11.01 (1), for state office or local office, as defined in s. 5.02.

AB388-engrossed,69,8 (4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit judge or court of appeals judge under s. 753.075.

AB388-engrossed,69,12 (5) (a) 1. Except as provided in subd. 2., if a vacancy occurs for a member appointed under sub. (1) (a) 1. to 4., the individual responsible for making the appointment shall appoint a new member no later than 45 days after the date of the vacancy.

AB388-engrossed,69,16 2. If the political party affiliation of the individual responsible for filling a vacancy under this paragraph is not the same as the political party affiliation of the individual who made the initial appointment, the legislative leader of the political party that made the initial appointment shall fill the vacancy.

AB388-engrossed,69,19 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new member shall be selected, nominated, and submitted to the senate for confirmation no later than 45 days after the date of the vacancy.

AB388-engrossed,173 Section 173. 16.753 (2) of the statutes is amended to read:

AB388-engrossed,70,2 16.753 (2) Except as otherwise expressly provided, each agency shall provide to the government accountability board ethics commission for posting on the Internet a list identifying each solicitation for bids or competitive sealed proposals and each proposed order or contract of the agency for which bids or competitive sealed proposals will not be solicited that involves a major expenditure, together with all information required under sub. (4).

AB388-engrossed,174 Section 174. 16.79 (2) of the statutes is amended to read:

AB388-engrossed,70,12 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the government accountability board elections commission. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The government accountability board elections commission shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

AB388-engrossed,175 Section 175. 16.96 (3) (b) of the statutes is amended to read:

AB388-engrossed,70,17 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the government accountability board elections commission.

AB388-engrossed,176 Section 176. 16.973 (6) of the statutes is amended to read:

AB388-engrossed,70,23 16.973 (6) With the advice of the government accountability board ethics commission, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

AB388-engrossed,177 Section 177. 17.17 (1) of the statutes is amended to read:

AB388-engrossed,71,4 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the government accountability board elections commission.

AB388-engrossed,178 Section 178. 17.17 (4) of the statutes is amended to read:

AB388-engrossed,71,8 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the government accountability board elections commission.

AB388-engrossed,179 Section 179. 19.42 (3) of the statutes is repealed.

AB388-engrossed,180 Section 180. 19.42 (4p) of the statutes is created to read:

AB388-engrossed,71,11 19.42 (4p) "Commission" means the ethics commission.

AB388-engrossed,181 Section 181. 19.42 (10) (a) of the statutes is created to read:

AB388-engrossed,71,13 19.42 (10) (a) A member or employee of the elections commission.

AB388-engrossed,182 Section 182. 19.43 (4) of the statutes is amended to read:

AB388-engrossed,72,9 19.43 (4) A candidate for state public office shall file with the board commission a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a),; no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus ,; or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the government accountability board elections commission, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the government accountability board elections commission, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.