AB847: Bill Text

LRB-3356/1

BJH:jld

2017 - 2018 LEGISLATURE

2017 Assembly BILL 847

January 16, 2018 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB847,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB847,1 Section 1. 5.05 (1e) (title) of the statutes is amended to read:

AB847,1,4 5.05 (1e) (title) Actions by the board commission.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 5, effective 6-30-16.

AB847,2 Section 2. 5.05 (2m) (c) 7. of the statutes is amended to read:

AB847,1,8 5.05 (2m) (c) 7. No individual who is appointed or retained by the board commission to serve as special counsel or as a special investigator is subject to approval under s. 20.930.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 5, effective 6-30-16.

AB847,3 Section 3. 5.05 (5e) of the statutes, as affected by 2015 Wisconsin Acts 117 and 118, is amended to read:

AB847,2,16 5.05 (5e) Annual report. The commission shall submit an annual report under s. 15.04 (1) (d) and shall include in its annual report the names and duties of all individuals employed by the commission and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f), the commission shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. 11.1304 (14) The commission shall identify in its report the statutory duties of the commission administrator, together with a description of the manner in which those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also specify in its report the total number of investigations conducted by the commission since the last annual report and a description of the nature of each investigation. The commission shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

Note: The stricken text was inserted by 2015 Wis. Act 117 but rendered without effect by the treatment by 2015 Wis. Act 118.

AB847,4 Section 4. 6.275 (1) (intro.) of the statutes, as affected by 2013 Wisconsin Act 148, is amended to read:

AB847,3,2 6.275 (1) (intro.) Except as provided in par. (f), no later than 30 days after each primary and election at which a state or national office is filled or a statewide referendum is held, including any special election, the municipal clerk or board of election commissioners shall submit electronically a report to the board commission and the county clerk or board of election commissioners of each county in which the municipality is located specifying:

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 6, effective 6-30-16.

AB847,5 Section 5. 6.36 (1) (b) 1. b. of the statutes is amended to read:

AB847,3,6 6.36 (1) (b) 1. b. No person other than an employee of the board commission, a municipal clerk, or an election official who is authorized by a municipal clerk may make a change in the list.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 6, effective 6-30-16.

AB847,6 Section 6. 6.87 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

AB847,3,16 6.87 (3) (b) No elector may direct that a ballot be sent to the address of a committee registered with the board ethics commission under ch. 11 unless the elector permanently or temporarily resides at that address. Upon receipt of reliable information that an address given by an elector is not eligible to receive ballots under this subsection, the municipal clerk shall refrain from mailing or transmitting ballots to that address. Whenever possible, the municipal clerk shall notify an elector if his or her ballot cannot be mailed or transmitted to the address directed by the elector.

Note: Replaces “board" with “ethics commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Ethics Commission to administer ch. 11, effective 6-30-16.

AB847,7 Section 7. 7.08 (intro.) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB847,4,3 7.08 Elections commission. (intro.) In addition to its duties for ballot arrangement under ch. 5 and date and notice requirements under ch. 10, the board commission shall:

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 7, effective 6-30-16.

AB847,8 Section 8. 7.31 (3) of the statutes is amended to read:

AB847,4,7 7.31 (3) The board commission shall, upon application, issue certificates to qualified individuals who meet the requirements to be certified as chief inspectors. Each certificate shall carry an expiration date.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 7, effective 6-30-16.

AB847,9 Section 9. The treatment of 8.10 (5) of the statutes by 2015 Wisconsin Act 117 is not repealed by 2015 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 6-30-16, s. 8.10 (5) reads:

(5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office or municipal judge shall also file a statement of economic interests with the ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (2) (a), 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 under sub. (2) (a).

AB847,10 Section 10. The treatment of 8.15 (4) (b) of the statutes by 2015 Wisconsin Act 117 is not repealed by 2015 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 6-30-16, s. 8.15 (4) (b) reads:

(b) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (1), 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 under sub. (1).

AB847,11 Section 11. 8.185 (1) of the statutes is amended to read:

AB847,5,9 8.185 (1) The names of candidates for president and vice president may be written in, in the place provided, on the general ballot at the general election for choosing the president and vice president of the United States. Write-in votes shall be listed as scattering unless the person whose name is written in has a list of presidential electors on file with the board commission in accordance with this section or unless the person whose name is written in has received more than 10 percent of the total vote cast in the ward, or in the municipality if not divided into wards.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Elections Commission to administer ch. 8, effective 6-30-16.

AB847,12 Section 12. The treatment of 8.20 (6) of the statutes by 2015 Wisconsin Act 117 is not repealed by 2015 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 6-30-16, s. 8.20 (6) reads:

(6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), 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 under sub. (8) (a).

AB847,13 Section 13. The treatment of 8.50 (3) (a) of the statutes by 2015 Wisconsin Act 117 is not repealed by 2015 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 6-30-16, s. 8.50 (3) (a) reads:

(a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB847,14 Section 14. The treatment of 9.01 (5) (bm) of the statutes by 2015 Wisconsin Act 117 is not repealed by 2015 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 6-30-16, s. 9.01 (5) (bm) reads:

(bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the commission one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.0302 by the county committee of that political party.

AB847,15 Section 15. 11.1113 (1) (title) and (2) (title) of the statutes are created to read:

AB847,6,4 11.1113 (1) (title) Sole proprietorships.

AB847,6,5 (2) (title) Partnerships.

Note: Gives titles to all subsections in s. 11.1113 consistent with current style.

AB847,16 Section 16. 12.01 (intro.) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB847,6,9 12.01 Definitions. (intro.) The definitions given under s. 11.01 11.0101 apply to this chapter, except as follows:

Note: Corrects cross-reference. 2015 Wis. 117 repealed and recreated ch. 11 and numbered the section containing definitions for ch. 11 as s. 11.0101.

AB847,17 Section 17. 13.621 (5) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB847,7,19 13.621 (5) Verified statements. Any principal who or which anticipates making expenditures or incurring obligations in an aggregate amount not exceeding $500 in a calendar year for the purpose of engaging in lobbying activities which are not exempt under this section may so indicate on a verified statement filed with the commission. The statement shall disclose the name, address and telephone number of the principal and a brief description of each cause or interest for which the principal employs a lobbyist. The statement shall also disclose the name and business address of any lobbyist who is employed by such principal to engage in lobbying activities which are not exempt under this section. A statement filed under this subsection expires at midnight on December 31 of each year, or upon revocation by the principal, whichever is earlier. Any principal and any lobbyist acting on behalf of a principal making such a statement is not subject to licensing under s. 13.63, registration under s. 13.64, or the reporting requirements under s. 13.68, if the statement is true. The statement may be revoked at any time by the principal and the principal and any lobbyist employed by the principal are then subject to such requirements as of the date of revocation. The statement shall be revoked no later than 10 days after the date the aggregate expenditures or obligations in the calendar year for the purpose of engaging in such lobbying activities exceed $500. The fee paid under s. 13.75 (3) (1g) (c) for filing a statement under this subsection shall be credited toward payment of the fee under s. 13.75 (2) (1g) (b) if the fee under s. 13.75 (2) (1g) (b) is paid within the same year.

Note: Corrects cross-references to reflect renumbering by 2015 Wis. Act 117.

AB847,18 Section 18. 13.625 (6) of the statutes is amended to read:

AB847,8,2 13.625 (6) Subsections (1) (b) and (c), (1m), (2), and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual.

Note: Corrects cross-reference to reflect renumbering by 2015 Wis. Act 117.

AB847,19 Section 19. 13.63 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB847,8,17 13.63 (1) (a) An applicant for a license to act as a lobbyist may obtain an application from and file the application with the commission. Except as authorized under par. (am), an applicant shall include his or her social security number on the application. The applicant shall, under the penalty for making false statements under s. 13.69 (6m), sign the application. The applicant shall submit with the application the applicable fee under s. 13.75 (1) or (1m) (1g) (a) or (am). Upon approval of the application by the commission, the commission shall issue a license to the applicant. A license issued under this paragraph entitles the licensee to practice lobbying on behalf of each registered principal for whom or which an authorization for that lobbyist, as required under s. 13.65, has been filed and for whom or which the authorization fee under s. 13.75 (4) (1g) (d) has been paid. A license issued under this paragraph shall expire on December 31 of each even-numbered year.

Note: Corrects cross-references to reflect renumbering by 2015 Wis. Act 117.

AB847,20 Section 20. 13.67 (2) of the statutes, as affected by 2015 Wisconsin Act 118, is amended to read:

AB847,8,22 13.67 (2) Any person who is not a principal may, upon payment of the fee prescribed under s. 13.75 (5) (1g) (e), register with the commission an interest in any legislative proposal, proposed administrative rule, budget bill subject or other topic.

Note: Corrects cross-reference to reflect renumbering by 2015 Wis. Act 117.

AB847,21 Section 21. 13.75 (1r) of the statutes, as created by 2015 Wisconsin Act 117, is amended to read:

AB847,9,6 13.75 (1r) The board commission may accept payment under this section by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to recover the actual cost associated with the acceptance of that electronic payment.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Ethics Commission to administer subch. III of ch. 13, effective 6-30-16.