Amendment AA1-ASA1-AB100

AB100-ASA1-AA1, s. 1y Section 1y. 9.01 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA1,8,17 9.01 (5) (a) The board of canvassers or the chairperson of the board shall keep complete minutes of all its proceedings before the board of canvassers or chairperson. The minutes shall include a record of objections and offers of evidence. If the board of canvassers or chairperson receives exhibits from any party, it the board of canvassers or chairperson shall number and preserve the exhibits. The board of canvassers or chairperson shall make specific findings of fact with respect to any irregularity raised in the petition or discovered during the recount. Any member of the board of canvassers or the chairperson may administer oaths, certify official acts and issue subpoenas for purposes of this section. Witness fees shall be paid by the county. In the case of proceedings before the chairperson of the board of state canvassers, witness fees shall be paid by the elections board.

AB100-ASA1-AA1, s. 1z Section 1z. 9.01 (5) (c) of the statutes is amended to read:

AB100-ASA1-AA1,9,7 9.01 (5) (c) If the recount is made by a municipal or county board of canvassers and the result is required to be reported to a county board of canvassers or to the chairperson of the board of state canvassers, the board of canvassers making the initial recount shall immediately certify the results to the county board of canvassers or to the chairperson of the board of state canvassers. If a county board of canvassers receives such results, it shall then convene not later than 9 a.m. on the next business day following receipt to examine the returns and determine the results. If the chairperson of the board of state canvassers receives such results, it the chairperson shall convene publicly examine the returns and determine the results not later than 9 a.m. on the 3rd business day following receipt to examine the returns and determine the results, but if that day is earlier than the latest meeting day permitted for that election under s. 7.70 (3) (a), the chairperson of the board of state canvassers may convene may examine the returns and determine the results not later than the day specified in s. 7.70 (3) (a).

AB100-ASA1-AA1, s. 1za Section 1za. 9.01 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA1,9,23 9.01 (6) (a) Within 5 business days after completion of the recount determination by the board of canvassers in all counties concerned, or within 5 business days after completion of the recount determination by the chairperson of the board of state canvassers whenever a determination is made by that body the chairperson, any candidate, or any elector when for a referendum, aggrieved by the recount may appeal to circuit court. The appeal shall commence by serving a written notice of appeal on the other candidates and persons who filed a written notice of appearance before each board of canvassers whose decision is appealed, or in the case of a statewide recount, before the chairperson of the board of state canvassers. The appellant shall also serve notice on the elections board if the chairperson of the board of state canvassers is responsible for determining the election. The appellant shall serve the notice by certified mail or in person. The appellant shall file the notice with the clerk of circuit court together with an undertaking and surety in the amount approved by the court, conditioned upon the payment of all costs taxed against the appellant.

AB100-ASA1-AA1, s. 1zc Section 1zc. 9.01 (8) of the statutes is amended to read:

AB100-ASA1-AA1,10,23 9.01 (8) Scope of review. Unless the court finds a ground for setting aside or modifying the determination of the board of canvassers or chairperson of the board, it shall affirm the determination. The court shall separately treat disputed issues of procedure, interpretations of law and findings of fact. The court may not receive evidence not offered to the board of canvassers or chairperson except for evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount, and except that the court may receive evidence not offered at an earlier time because a party was not represented by counsel in all or part of a recount proceeding. A party who fails to object or fails to offer evidence of a defect or irregularity during the recount waives the right to object or offer evidence before the court except in the case of evidence that was unavailable to a party exercising due diligence at the time of the recount or newly discovered evidence that could not with due diligence have been obtained during the recount or evidence received by the court due to unavailability of counsel during the recount. The court shall set aside or modify the determination if it finds that the board of canvassers or chairperson has erroneously interpreted a provision of law and a correct interpretation compels a particular action. If the determination depends on any fact found by the board of canvassers or chairperson, the court may not substitute its judgment for that of the board of canvassers or chairperson as to the weight of the evidence on any disputed finding of fact. The court shall set aside the determination if it finds that the determination depends on any finding of fact that is not supported by substantial evidence.".

AB100-ASA1-AA1,10,24 2. Page 3, line 1: before that line insert:

AB100-ASA1-AA1,11,1 " Section 1ami. 5.085 of the statutes is repealed.

AB100-ASA1-AA1, s. 1m Section 1m. 7.08 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA1,11,4 7.08 (3) (a) Be compiled by the board, with the advice of the elections advisory council.".

AB100-ASA1-AA1,11,5 3. Page 3, line 1: before that line insert:

AB100-ASA1-AA1,11,6 " Section 1an. 7.03 (1) (bm) of the statutes is amended to read:

AB100-ASA1-AA1,11,11 7.03 (1) (bm) Whenever a special election is called by a county or by a school district, a technical college district, a sewerage district, a sanitary district or a public inland lake protection and rehabilitation district for a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the county or district shall pay the compensation of all election officials, as determined under sub. (2).

AB100-ASA1-AA1, s. 1mm Section 1mm. 7.15 (2) (d) of the statutes is amended to read:

AB100-ASA1-AA1,11,22 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB100-ASA1-AA1, s. 1vc Section 1vc. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB100-ASA1-AA1,12,6 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election authorized under s. 8.065 held in the town or at a special election called for the purpose. When a petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting, the question shall be submitted to a vote.

AB100-ASA1-AA1,12,11 (e) Petitions requesting a vote on the question at a regular town election shall be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB100-ASA1-AA1, s. 1ve Section 1ve. 8.06 of the statutes is amended to read:

AB100-ASA1-AA1,12,16 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

AB100-ASA1-AA1, s. 1vf Section 1vf. 8.065 of the statutes is created to read:

AB100-ASA1-AA1,12,19 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB100-ASA1-AA1,13,2 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held concurrently with the spring primary, spring election, September primary or general election. Unless otherwise required by law or unless authorized under sub. (3), no referendum submitted by the same local governmental unit relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period.

AB100-ASA1-AA1,13,13 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 4 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22), the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.

AB100-ASA1-AA1, s. 1zL Section 1zL. 9.20 (4) of the statutes is amended to read:

AB100-ASA1-AA1,14,2 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.".

AB100-ASA1-AA1,14,3 4. Page 3, line 1: delete "Section 1" and substitute "Section 1zm".

AB100-ASA1-AA1,14,4 5. Page 7, line 20: delete lines 20 and 21.

AB100-ASA1-AA1,14,5 6. Page 9, line 12: after that line insert:

AB100-ASA1-AA1,14,6 " Section 8k. 13.123 (3) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA1,14,9 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections board of state canvassers if such determination has been issued.".

AB100-ASA1-AA1,14,10 7. Page 9, line 12: after that line insert:

AB100-ASA1-AA1,14,11 " Section 8m. 13.40 of the statutes is created to read:

AB100-ASA1-AA1,14,13 13.40 Limitation on state appropriations from general purpose revenue. (1) In this section:

AB100-ASA1-AA1,14,15 (a) "Fiscal biennium" means a 2-year period beginning on July 1 of an odd-numbered year.

AB100-ASA1-AA1,14,17 (b) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).

AB100-ASA1-AA1,14,18 (c) "Local governmental unit" has the meaning given in s. 16.97 (7).

AB100-ASA1-AA1,14,21 (d) "Program revenue" has the meaning given for "program revenues" in s. 20.001 (2) (b) and "program revenues-service" in s. 20.001 (2) (c), but excludes federal revenues as defined in s. 20.001 (2) (e).

AB100-ASA1-AA1,15,2 (e) "Segregated revenue" has the meaning given for "segregated fund revenues" in s. 20.001 (2) (d), "segregated fund revenues — service" in s. 20.001 (2) (da) and "segregated fund revenues — local" in s. 20.001 (2) (dm), but excludes federal revenues as defined in s. 20.001 (2) (e).

AB100-ASA1-AA1,15,6 (2) Except as provided in subs. (3) to (5), the amount appropriated from general purpose revenue for each fiscal biennium excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), as determined under sub. (6), may not exceed the sum of:

AB100-ASA1-AA1,15,12 (a) The amount appropriated from general purpose revenue, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), for the 2nd fiscal year of the prior fiscal biennium as reported under s. 16.46 (2), multiplied by the sum of 1.0 and the average annual percentage change in this state's per capita personal income, expressed as a decimal, as reported for the most recent 4 calendar years prior to the fiscal biennium by the federal department of commerce.

AB100-ASA1-AA1,15,18 (b) The amount determined under par. (a) multiplied by the sum of 1.0 and the average annual percentage change in this state's per capita personal income, expressed as a decimal, as reported for the most recent 3 calendar years prior to the fiscal biennium by the federal department of commerce and as estimated by the department of administration for the calendar year following those years no later than December 5 of each even-numbered year, except as provided in sub. (8).

AB100-ASA1-AA1,15,25 (c) Any amount by which the amount appropriated from sum certain appropriations made from general purpose revenue, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), for the preceding fiscal biennium, exceeded actual expenditures from sum certain appropriations made from general purpose revenue for the preceding fiscal biennium, excluding any amount expended under an appropriation specified in sub. (3) (a) to (d), as determined by the legislative fiscal bureau.

AB100-ASA1-AA1,16,1 (3) The limitation under sub. (2) does not apply to any of the following:

AB100-ASA1-AA1,16,3 (a) An appropriation for principal repayment and interest payments on public debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).

AB100-ASA1-AA1,16,6 (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 18.61 (5), 85.25 (5), 229.50 (7), 229.74 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6) and 281.59 (13m).

AB100-ASA1-AA1,16,8 (c) An appropriation to make a payment to the United States that the building commission determines to be payable under s. 13.488 (1) (m).

AB100-ASA1-AA1,16,10 (d) An appropriation for a period prior to the 1999-2000 fiscal year providing for state aids to any local governmental unit.

AB100-ASA1-AA1,16,12 (e) An appropriation that is enacted with the approval of at least three-fifths of the members of each house of the legislature.

AB100-ASA1-AA1,16,17 (4) Whenever in any fiscal biennium the federal government assumes fiscal responsibility for a state program that was previously funded from general purpose revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount allocated to that program for the most recently completed fiscal biennium in which the state assumed fiscal responsibility for the program.

AB100-ASA1-AA1,16,23 (4m) Whenever in any fiscal biennium the legislature reduces the cost of administering a program administered in whole or in part from general purpose revenue by substituting funding from program revenue or segregated revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount of the reduced state cost, from general purpose revenue, of administering that program for the most recently completed fiscal biennium.

AB100-ASA1-AA1,17,8 (5) Whenever in any fiscal biennium the legislature terminates or reduces the state general purpose revenue funding for a program administered by local governmental units that is partially funded by the state from general purpose revenue, the limitation under sub. (2) for the next fiscal biennium shall be reduced by the amount allocated by the state to that program from general purpose revenue or by the amount of the reduced state cost, from general purpose revenue, of administering that program for the most recently completed fiscal biennium. If the requirement that the local unit of government administer the program is terminated or reduced by the same amount that state general purpose funding is reduced, then no adjustment shall be made to the limitation under sub. (2).

AB100-ASA1-AA1,17,18 (6) For purposes of sub. (2), the computation of the amount appropriated from general purpose revenue for any fiscal biennium to which sub. (2) applies shall be made by adding the applicable sum certain appropriations enacted by the legislature from general purpose revenue and an estimate of amounts that will be expended under applicable appropriations, other than sum certain appropriations, that are made from general purpose revenue for that fiscal biennium, including any amounts estimated to be expended for payment of compensation increases for state employes and for litigation expenses incurred in actions against the state or state officers, employes or agents, as determined by the legislative fiscal bureau no later than December 5 of each even-numbered year, except as provided in sub. (8).

AB100-ASA1-AA1,17,21 (7) For purposes of calculating the amount appropriated from a biennial appropriation under sub. (2) (a), the amount shown in the schedule under s. 20.005 (3) for the 2nd year of any fiscal biennium is determinative.

AB100-ASA1-AA1,18,9 (8) No later than December 5 of each even-numbered year, the department of administration and legislative fiscal bureau shall report to the cochairpersons of the joint committee on finance the estimates and determinations required to be made under subs. (2) and (6) for the succeeding fiscal biennium. If the cochairpersons of the committee do not notify the secretary of administration and the director of the legislative fiscal bureau that the committee has scheduled a meeting for the purpose of reviewing the estimates and determinations by December 15 following their submittal, the estimates and determinations shall be effective. If, by December 15 following the submittal of the estimates and determinations, the cochairpersons of the committee notify the secretary and director that the committee has scheduled a meeting for the purpose of reviewing the estimates and determinations, the estimates and determinations are not effective unless approved or approved with modifications by the committee.".

AB100-ASA1-AA1,18,10 8. Page 10, line 23: after that line insert:

AB100-ASA1-AA1,18,11 " Section 9hm. 13.48 (10) (a) of the statutes is amended to read:

AB100-ASA1-AA1,18,23 13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".

AB100-ASA1-AA1,18,24 9. Page 15, line 8: after that line insert:

AB100-ASA1-AA1,19,1 " Section 10rm. 13.58 (5) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA1,19,5 13.58 (5) (b) 1. Direct the council on information technology or the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under par. (a).".

AB100-ASA1-AA1,19,7 10. Page 15, line 25: delete the material beginning with that line and ending with page 16, line 9.

AB100-ASA1-AA1,19,8 11. Page 17, line 9: after that line insert:

AB100-ASA1-AA1,19,10 " Section 14n. 13.92 (1) (b) 1. of the statutes is renumbered 13.92 (1) (b) 1. (intro.) and amended to read:

AB100-ASA1-AA1,19,13 13.92 (1) (b) 1. (intro.) Prepare in the proper form all legislation to be introduced in the legislature. Only the following persons may use the drafting services of the bureau for this purpose:

AB100-ASA1-AA1, s. 14np Section 14np. 13.92 (1) (b) 1. a. to d. of the statutes are created to read:

AB100-ASA1-AA1,19,16 13.92 (1) (b) 1. a. Any member or member-elect of the legislature and, on behalf of each committee thereof, the chairperson.

AB100-ASA1-AA1,19,17 b. Any agency, as defined in s. 16.70 (1), created under ch. 13, 14, 15 or 758.

AB100-ASA1-AA1,19,19 c. The chief clerk of either house of the legislature for requests pertaining to the operation of the legislature.

AB100-ASA1-AA1,19,20 d. A party caucus of either house of the legislature.".

AB100-ASA1-AA1,19,21 12. Page 18, line 10: after that line insert:

AB100-ASA1-AA1,19,22 " Section 18g. 13.94 (11) of the statutes is created to read:

AB100-ASA1-AA1,20,2 13.94 (11) Open enrollment. By July 1, 2002, the legislative audit bureau shall conduct a performance evaluation audit of the full-time open enrollment program under s. 118.51. The audit shall evaluate the effects of the program on the quality of elementary and secondary education in this state, including all of the following:

AB100-ASA1-AA1,20,4 (a) The extent to which the program has resulted in the creation of new or innovative programs by school districts.

AB100-ASA1-AA1,20,6 (b) The satisfaction of participating and nonparticipating pupils and parents with the program.

AB100-ASA1-AA1,20,7 (c) The fiscal effect of the program on school districts.

AB100-ASA1-AA1,20,8 (d) The socioeconomic effect of the program on school districts.

AB100-ASA1-AA1,20,9 (e) Other issues affecting the quality of education.".

AB100-ASA1-AA1,20,10 13. Page 19, line 8: after that line insert:

AB100-ASA1-AA1,20,11 " Section 19m. 14.015 (2) (c) of the statutes is created to read:

AB100-ASA1-AA1,20,12 14.015 (2) (c) This subsection does not apply after June 30, 1999.".

AB100-ASA1-AA1,20,13 14. Page 19, line 25: after that line insert:

AB100-ASA1-AA1,20,14 " Section 21m. 14.017 (3) of the statutes is created to read:

AB100-ASA1-AA1,20,16 14.017 (3) Standards development council. (a) There is created in the office of the governor a standards development council consisting of all of the following:

AB100-ASA1-AA1,20,17 1. The lieutenant governor, who shall serve as chairperson of the council.

AB100-ASA1-AA1,20,19 2. A representative of the department of public instruction appointed by the state superintendent of public instruction.

AB100-ASA1-AA1,20,22 3. The chairpersons of the committees in the assembly and senate whose subject matter is elementary and secondary education or members of those committees designated by the chairpersons.