118,250 Section 250. 200.09 (11) (am) 3. of the statutes is amended to read:
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.
118,251 Section 251. 227.03 (6) of the statutes is amended to read:
227.03 (6) Orders of the government accountability board elections commission under s. 5.06 (6) are not subject to this chapter.
118,252 Section 252. 227.52 (6) of the statutes is amended to read:
227.52 (6) Decisions of the chairperson of the government accountability board elections commission or the chairperson's designee.
118,253 Section 253. 230.08 (2) (e) 4h. of the statutes is repealed.
118,254 Section 254. 230.08 (2) (eL) of the statutes is created to read:
230.08 (2) (eL) The administrator and assistant administrator of the elections commission.
118,255 Section 255. 230.08 (2) (et) of the statutes is created to read:
230.08 (2) (et) The administrator and assistant administrator of the ethics commission.
118,256 Section 256. 230.08 (2) (on) of the statutes is repealed.
118,257 Section 257. 230.08 (4) (a) of the statutes is amended to read:
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.
118,258 Section 258. 234.02 (3m) (c) of the statutes is amended to read:
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.
118,259 Section 259. 301.03 (20m) of the statutes is amended to read:
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.
118,260 Section 260. 343.11 (2m) of the statutes is amended to read:
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.
118,261 Section 261. 756.04 (2) (c) 1. of the statutes is amended to read:
756.04 (2) (c) 1. A list of registered voters from the government accountability board elections commission.
118,262 Section 262. 758.19 (9) of the statutes is repealed.
118,263 Section 263. 778.135 of the statutes is amended to read:
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.
118,264 Section 264. 978.05 (1) of the statutes is amended to read:
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 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.
118,265 Section 265. 978.05 (2) of the statutes is amended to read:
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 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.
118,266 Section 266 . Nonstatutory provisions.
(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.
(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.
(3) Positions and employees.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(8) T ransitions; initial terms.
(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.
(ag) Notwithstanding section 15.60 of the statutes and notwithstanding section 15.06 (1) (d) of the statutes and section 15.61 of the statutes, as created by this act, the governor, majority leader of the senate, minority leader of the senate, speaker of the assembly, and minority leader of the assembly may appoint members to serve on the government accountability board in a nonvoting capacity effective February 1, 2016. Individuals appointed to the government accountability board under this paragraph may also be appointed to the elections commission under paragraph (b) and may serve prior to senate confirmation. Individuals appointed under this paragraph may identify and appoint an individual to serve as administrator of the elections commission in the manner provided under section 15.61 (1) (b) 1. of the statutes and the senate may confirm the appointment of that individual as provided under section 15.61 (1) (b) 1. of the statutes, but that individual may not serve as administrator until June 30, 2016.
(ar) Notwithstanding section 15.60 of the statutes and notwithstanding section 15.06 (1) (e) of the statutes and section 15.62 of the statutes, as created by this act, the governor, majority leader of the senate, minority leader of the senate, speaker of the assembly, and minority leader of the assembly may appoint members to serve on the government accountability board in a nonvoting capacity effective February 1, 2016. Individuals appointed to the government accountability board under this paragraph may also be appointed to the ethics commission under paragraph (b) and may serve prior to senate confirmation. Individuals appointed under this paragraph may identify and appoint an individual to serve as administrator of the ethics commission in the manner provided under section 15.62 (1) (b) 1. of the statutes and the senate may confirm the appointment of that individual as provided under section 15.62 (1) (b) 1. of the statutes, but that individual may not serve as administrator until June 30, 2016.
(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.
(bg) The members of the elections commission shall appoint an individual to serve as administrator of the commission pursuant to section 15.61 (1) (b) of the statutes no later than 45 days after the effective date of this paragraph. If the elections commission has not made an appointment as required under this paragraph, the joint committee on legislative organization shall appoint an interim administrator of the elections commission to serve until an administrator has been confirmed by the senate but for a term of no longer than one year. If the administrator position remains vacant at the end of the one-year period, the process for filling the position described in this subsection is repeated until the position is filled.
(br) The members of the ethics commission shall appoint an individual to serve as administrator of the commission pursuant to section 15.62 (1) (b) of the statutes no later than 45 days after the effective date of this paragraph. If the ethics commission has not made an appointment as required under this paragraph, the joint committee on legislative organization shall appoint an interim administrator of the ethics commission to serve until an administrator has been confirmed by the senate but for a term of no longer than one year. If the administrator position remains vacant at the end of the one-year period, the process for filling the position described in this subsection is repeated until the position is filled.
(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.
(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.
(em) The chairperson of the assembly committee on campaigns and elections or the senate committee on elections and local government may request that individuals employed by the government accountability board on the date of publication of this act and the individual who is serving as director and general counsel of the government accountability board on the date of publication of this act to appear before either of both committees for the purpose of providing information to the committees about the progress of transitioning from the government accountability board to the elections commission and the ethics commission.
(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.
(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.
118,267 Section 267. Fiscal changes.
(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.
(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.
(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.
(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.
(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.
(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.
118,268 Section 268. Effective dates. This act takes effect on June 30, 2016, except as follows:
(1) Sections 266 (8 ) (ag), (ar), and (em) and (9m) and 267 (2b), (2c), (2d), (2e), and (2f) of this act take effect on the day after publication.
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