AB388: Bill Text Engrossed

AB388-engrossed,265 Section 265. 978.05 (2) of the statutes is amended to read:

AB388-engrossed,115,22 978.05 (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 elections commission and the ethics commission, 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 s. 19.49 (2) (g) or this chapter or by referral of the government accountability board elections commission under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than a natural person an individual is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB388-engrossed,266 Section 266 . Nonstatutory provisions.

AB388-engrossed,116,5 (1) Audit report recommendations. The elections commission and ethics commission, and their employees, shall, to the extent practicable within their respective responsibilities, implement the recommendations contained in the legislative audit bureau's Report 14-14 and Report 15-13 regarding the past performance of the government accountability board. The elections commission and ethics commission shall report their progress implementing those recommendations to the legislature no later than December 31, 2016.

AB388-engrossed,116,9 (2) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the government accountability board are transferred to the elections commission and the ethics commission. The secretary of administration shall determine which assets and which liabilities are transferred to each commission.

AB388-engrossed,116,10 (3) Positions and employees.

AB388-engrossed,116,14 (a) On the effective date of this paragraph, all full-time equivalent positions of the government accountability board are transferred to the elections commission and the ethics commission. The secretary of administration shall determine which full-time equivalent positions are transferred to each commission.

AB388-engrossed,116,20 (b) All incumbent employees holding positions at the government accountability board on the effective date of this paragraph, except the incumbent employee holding the position of director and general counsel, are transferred on the effective date of this paragraph to the elections commission or the ethics commission. The secretary of administration shall determine which incumbent employees are transferred to each commission.

AB388-engrossed,117,2 (c) Employees transferred under paragraph (b) have all the rights and the same status under subch. V of chapter 111 of the statutes at the elections commission or the ethics commission that they enjoyed at the government accountability 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.

AB388-engrossed,117,7 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the government accountability board is transferred to the elections commission and the ethics commission. The secretary of administration shall determine which property is transferred to each commission.

AB388-engrossed,117,14 (5) Contracts. All contracts entered into by the government accountability board that are in effect on the effective date of this subsection shall remain in effect and are transferred to the elections commission and the ethics commission. The secretary of administration shall determine which contracts are transferred to each commission. The elections commission and the ethics commission shall carry out all contractual obligations under each contract until the contract is modified or rescinded by that commission to the extent allowed under the contract.

AB388-engrossed,117,21 (6) Rules, orders, and formal opinions. All rules promulgated and all formal opinions and orders issued by the government accountability board that are in effect on the effective date of this subsection are transferred to the elections commission and the ethics commission and shall remain in effect until the commission to which they are transferred amends or repeals a rule or order or changes or withdraws a formal opinion. The secretary of administration shall determine which rules, orders, and formal opinions are transferred to each commission.

AB388-engrossed,118,3 (7) Pending matters. All matters pending with the government accountability board on the effective date of this subsection are transferred to the elections commission and the ethics commission, and all materials submitted to or actions taken by the government accountability board with respect to any pending matter are considered as having been submitted to or taken by the elections commission or the ethics commission. The secretary of administration shall determine which pending matters are transferred to each commission.

AB388-engrossed,118,4 (8) T ransitions; initial terms.

AB388-engrossed,118,8 (a) Notwithstanding section 15.60, 2013 stats., and section 15.07 (1) (cm), 2013 stats., the terms of office of all members of the government accountability board holding office on the effective date of this paragraph shall expire on the effective date of this paragraph.

AB388-engrossed,118,11 (b) On the effective date of this paragraph, all members of the elections commission and the ethics commission who are appointed and qualify for office shall take office.

AB388-engrossed,118,15 (c) Notwithstanding section 15.06 (1) (d) of the statutes and section 15.61 of the statutes, as created by this act, one half of the members of the elections commission who are appointed as initial members of the commission shall serve for terms expiring on May 1, 2019.

AB388-engrossed,118,19 (d) Notwithstanding section 15.06 (1) (e) of the statutes and section 15.62 of the statutes, as created by this act, one half of the members of the ethics commission who are appointed as initial members of the commission shall serve for terms expiring on May 1, 2019.

AB388-engrossed,118,25 (e) The governor, majority leader of the senate, minority leader of the senate, speaker of the assembly, and minority leader of the assembly, may make appointments and nominations to serve on the elections commission and the ethics commission and the senate may act upon nominations to serve on the elections commission and the ethics commission before the term of office of the appointees begin. The initial appointees may serve prior to senate confirmation.

AB388-engrossed,119,10 (9m) Implementation plan. The secretary of administration shall submit an implementation plan by June 1, 2016, to the joint committee on finance for approval under section 13.10 of the statutes. In the plan the secretary shall propose expenditure authority for the elections commission and the ethics commission by appropriation and shall specify funding sources of all positions for each commission. The individual who is serving as director and general counsel of the government accountability board on the date of publication of this act shall work in concert with the secretary of administration and members appointed to the elections commission and the ethics commission to ensure a smooth transition and shall participate in formulating the implementation plan.

AB388-engrossed,120,14 (10) Terminology change. In the following, as affected by the acts of 2015, substitute "commission" for "board," sections 5.05 (2m) (c) 9., 10., 11., 15., 16., 17., and 18., (d) 2., (e), and (f) (intro.), 1., and 2., (4), (5f), (5s) (a), (c), (e) (intro.), 1., and 2., (f) 1., (7), (12), (13) (a), (b), (c), and (d) (intro.), (14), and (15), 5.06 (1), (2), (4), (5), (6), (7), (8), and (9), 5.061 (1), (2), (3), and (4), 5.25 (4), 5.35 (6) (a) 2m., 4a., 4b., and 5. and (b), 5.40 (5m), 5.51 (6) and (8), 5.58 (1b) (bm) and (cm), 5.60 (3) (ag), (5) (ar), (6) (a), and (8) (am), 5.62 (1) (a) and (b) 1., (2) (a), (3), and (4) (ar), 5.64 (1) (ag), (b), and (es) and (2) (am) and (c), 5.655 (3), 5.72 (1), (2), and (3), 5.83, 5.87 (2), 5.905 (2), (3), and (4), 5.91 (intro.), 5.95, 6.06, 6.22 (4) (d) and (6), 6.24 (3), (4) (d), (5), and (6), 6.276 (2) and (3), 6.29 (2) (am), 6.30 (4), 6.33 (1) and (5) (b), 6.36 (1) (a), (bn), (d), (e), and (f) and (6), 6.47 (1) (ag), (am) 2., and (dm), (2), and (3), 6.50 (1) (intro.), (2), and (2r) (intro.), (b), and (h), 6.55 (2) (a) 1. (intro.) and (cs) and (3) (b), 6.56 (3m), (4), and (7), 6.57, 6.79 (1m), 6.86 (2) (a), (2m) (a), and (3) (a) 1., 6.869, 6.87 (3) (d), 6.875 (5), 6.92 (1), 6.925, 7.08 (1) (b), (c), and (d), (2) (a) and (d), (3) (intro.) and (a), and (6), 7.10 (1) (a), (2), (3) (a), (4), (7), (8), (9), and (10), 7.15 (1) (e), (1m), (8), (9), (10), and (13), 7.30 (2) (c), (4) (e), and (6) (b), 7.31 (1), (2), (4), and (5), 7.315 (1) (a), (2), and (3), 7.38 (5), 7.70 (1) (a) and (b), (3) (a), (c), (d), (e), (g), and (h), and (5) (b), 8.07, 8.12 (1) (a), (b), (c), and (d), (2), and (3), 8.15 (8) (a), 8.16 (2) (b) and (7), 8.17 (12), 8.18 (2), 8.185 (2) and (3), 8.19 (1) and (3), 8.40 (3), 8.50 (1) (b) and (d), 9.01 (1) (ar) 2., 10.01 (1) and (2) (intro.), 10.02 (1), (2) (c), and (3) (intro.), 10.06 (1) (a), (c), (e), (f), (h), and (i) and (2) (a), (b), (e), (h), and (k), 11.02 (1), (2), (4), and (5), 11.05 (3) (e) and (3m), 11.055 (1), 11.06 (1) (intro.), (3) (b) (intro.), (3m) (c), (3r) (c), and (9), 11.08, 11.12 (5), 11.16 (3) and (5), 11.20 (1), 11.21 (1), (2), (12), (13), and (16), 11.22 (intro.), (1), and (4), 11.23 (6), 11.30 (3) (b), 11.38 (1) (a) 2., 11.60 (5), 11.66, 12.13 (5) (b) (intro.) and 3., 13.62 (4m), 13.621 (5), 13.63 (1) (am) and (b), 13.64 (1) (intro.), (2), (2m), and (3), 13.65, 13.67 (1) and (2), 13.68 (1) (intro.) and (c) (intro.), (4), and (6), 13.69 (1) and (2), 13.695 (1) (intro.) and (2), 13.74 (1) and (2), 13.75 (intro.), 19.41 (2), 19.43 (1), (2), (3), (7), and (8), 19.44 (1) (intro.), 19.45 (6) and (11) (a), 19.47, 19.48 (4) (a), (b), and (c), (5), (6), and (10), 19.55 (2) (intro.), 19.56 (2) (b) 4., 19.57, 19.575, 19.579 (1), and 19.59 (6) of the statutes.

AB388-engrossed,267 Section 267. Fiscal changes.

AB388-engrossed,120,19 (1) The unencumbered revenue balance in the appropriation account under section 20.511 (1) (i), 2013 stats., immediately before the effective date of this subsection, is transferred to the appropriation account under section 20.521 (1) (g) of the statutes, as created by this act.

AB388-engrossed,120,24 (2b) In the schedule under section 20.005 (3) of the statutes for the appropriations to the government accountability board under section 20.511 of the statutes, as affected by the acts of 2015, the dollar amounts are zero for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriations are made.

AB388-engrossed,121,5 (2c) 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 2015, the dollar amount is increased by $2,920,500 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB388-engrossed,121,10 (2d) 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) (g) of the statutes, as affected by the acts of 2015, the dollar amount is increased by $559,500 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB388-engrossed,121,15 (2e) 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) (m) of the statutes, as affected by the acts of 2015, the dollar amount is increased by $3,015,100 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB388-engrossed,121,20 (2f) 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) (u) of the statutes, as affected by the acts of 2015, the dollar amount is increased by $100 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

AB388-engrossed,268 Section 268. Effective dates. This act takes effect on June 30, 2016, except as follows:

AB388-engrossed,121,24 (1) Sections 266 (8 ) (e) and (9m) and 267 (2b), (2c), (2d), (2e), and (2f) of this act takes effect on the day after publication.

AB388-engrossed,121,25 (End)