AB388: Bill Text

AB388,108,14 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

AB388,245 Section 245. 125.05 (1) (b) 10. of the statutes is amended to read:

AB388,108,18 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a).

AB388,246 Section 246. 165.25 (1) of the statutes is amended to read:

AB388,109,2 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB388,247 Section 247. 165.93 (4) (a) of the statutes is amended to read:

AB388,109,6 165.93 (4) (a) The department shall certify to the government accountability board elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB388,248 Section 248. 198.08 (10) of the statutes is amended to read:

AB388,109,19 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile, and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the government accountability board elections commission shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

AB388,249 Section 249. 200.09 (11) (am) 2. of the statutes is amended to read:

AB388,109,25 200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The metropolitan sewerage district commission shall immediately notify the government accountability board elections commission under s. 5.05 upon passage of a resolution under subd. 1.

AB388,250 Section 250. 200.09 (11) (am) 3. of the statutes is amended to read:

AB388,110,7 200.09 (11) (am) 3. If the governing bodies of each city, town, and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The metropolitan sewerage district commission shall immediately notify the government accountability board elections commission under s. 5.05 upon passage of a resolution under this subdivision.

AB388,251 Section 251. 227.03 (6) of the statutes is amended to read:

AB388,110,10 227.03 (6) Orders of the government accountability board elections commission under s. 5.06 (6) are not subject to this chapter.

AB388,252 Section 252. 227.52 (6) of the statutes is amended to read:

AB388,110,13 227.52 (6) Decisions of the chairperson of the government accountability board elections commission or the chairperson's designee.

AB388,253 Section 253. 230.08 (2) (e) 4h. of the statutes is repealed.

AB388,254 Section 254. 230.08 (2) (eL) of the statutes is created to read:

AB388,110,17 230.08 (2) (eL) The administrator and assistant administrator of the elections commission.

AB388,255 Section 255. 230.08 (2) (et) of the statutes is created to read:

AB388,110,20 230.08 (2) (et) The administrator and assistant administrator of the ethics commission.

AB388,256 Section 256. 230.08 (2) (on) of the statutes is repealed.

AB388,257 Section 257. 230.08 (4) (a) of the statutes is amended to read:

AB388,111,8 230.08 (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, and any other managerial position determined by an appointing authority. 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 employment relations commission and 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.

AB388,258 Section 258. 234.02 (3m) (c) of the statutes is amended to read:

AB388,111,14 234.02 (3m) (c) The authority shall, with the advice of the government accountability board ethics commission, 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.

AB388,259 Section 259. 301.03 (20m) of the statutes is amended to read:

AB388,111,20 301.03 (20m) Transmit to the government accountability board elections commission, 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.

AB388,260 Section 260. 343.11 (2m) of the statutes is amended to read:

AB388,111,25 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the government accountability board elections commission 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.

AB388,261 Section 261. 756.04 (2) (c) 1. of the statutes is amended to read:

AB388,112,3 756.04 (2) (c) 1. A list of registered voters from the government accountability board elections commission.

AB388,262 Section 262. 758.19 (9) of the statutes is repealed.

AB388,263 Section 263. 778.135 of the statutes is amended to read:

AB388,112,12 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the government accountability board elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) 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 commission and deposited with the secretary of administration.

AB388,264 Section 264. 978.05 (1) of the statutes is amended to read:

AB388,113,3 978.05 (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 s. 19.49 (2) (h) 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.

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

AB388,113,22 978.05 (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.

AB388,266 Section 266 . Nonstatutory provisions.

AB388,114,5 (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.

AB388,114,9 (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.

AB388,114,10 (3) Positions and employees.

AB388,114,14 (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 commission. The secretary of administration shall determine which full-time equivalent positions are transferred to each commission.

AB388,114,20 (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.

AB388,115,2 (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.

AB388,115,7 (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.

AB388,115,14 (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.

AB388,115,21 (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.

AB388,116,3 (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.

AB388,116,4 (8) T ransitions; initial terms.

AB388,116,8 (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.

AB388,116,11 (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.

AB388,116,15 (c) Notwithstanding section 15.07 (1) (c) 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.

AB388,116,19 (d) Notwithstanding section 15.07 (1) (c) 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.

AB388,116,25 (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 ethics commission before the term of office of the appointees begin. The initial appointees may serve prior to senate confirmation.

AB388,117,8 (9) Implementation plan. The secretary of administration shall adopt an implementation plan that incorporates his or her determinations under this Section 266 of this act prior to the first day of the 6th month beginning after the date of publication of this act. The individual who is serving as executive director 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.

AB388,118,12 (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), 19.48 (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.

AB388,267 Section 267. Fiscal changes.

AB388,118,17 (1) The unencumbered 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.

AB388,118,21 (2) The unencumbered balance in the appropriation account under section 20.511 (1) (im) of the statutes, as affected by this act, is transferred to the appropriation account under section 20.521 (1) (g) of the statutes, as created by this act.

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

AB388,118,24 (1) Section 266 (8 ) (e) and (9) of this act takes effect on the day after publication.

AB388,118,25 (End)