Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,97,16 (5) "Division" means the division of electronic government.

AB1-SSA1-SA2, s. 23f Section 23f. 16.974 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1-SSA1-SA2, s. 23h Section 23h. 19.36 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,97,25 19.36 (4) Computer programs and data. A computer program, as defined in s. 22.03 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.".

AB1-SSA1-SA2,98,1 37. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,98,2 " Section 21r. 17.025 (4) (c) of the statutes is amended to read:

AB1-SSA1-SA2,98,7 17.025 (4) (c) Secretary of state; state treasurer. When the temporary vacancy exists in the office of secretary of state or in the office of state treasurer, the duties of the office shall be assumed, respectively, by the first emergency interim successor designated under s. 166.08 (4) or, if no such designation has been made for the respective office, then by a deputy an individual appointed by the governor.

AB1-SSA1-SA2, s. 21t Section 21t. 17.025 (4) (d) of the statutes is amended to read:

AB1-SSA1-SA2,98,13 17.025 (4) (d) Attorney general; state superintendent. When the temporary vacancy exists in the office of attorney general or in the office of state superintendent of public instruction, the duties of the office shall be assumed, respectively, by the deputy under s. 15.04 (2) or, if such office is vacant, by a deputy by an individual appointed by the governor.

AB1-SSA1-SA2, s. 23c Section 23c. 19.01 (4) (a) 10. of the statutes is repealed.

AB1-SSA1-SA2, s. 23h Section 23h. 19.42 (10) (L) of the statutes is amended to read:

AB1-SSA1-SA2,98,18 19.42 (10) (L) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.".

AB1-SSA1-SA2,98,19 38. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,98,20 " Section 20r. 16.705 (2m) of the statutes is created to read:

AB1-SSA1-SA2,99,4 16.705 (2m) The department shall review each proposed contract for contractual services that provides for expenditure of more than $150,000 or which the department estimates will result in expenditure of more than $150,000 to determine whether the expenditures to be made under the contract will be efficient and cost-effective. The secretary shall file a report with the cochairpersons of the joint committee on finance no later than March 1 of each odd-numbered year concerning its determinations issued during the biennium ending on the preceding December 31.".

AB1-SSA1-SA2, s. 20t Section 20t. 16.71 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,99,17 16.71 (1) Except as otherwise required under this section and s. 16.78 or as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. No delegation has the effect of exempting any proposed contract for contractual services from review under s. 16.705. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.".

AB1-SSA1-SA2,99,18 39. Page 11, line 15: after that line insert:

AB1-SSA1-SA2,99,19 " Section 24t. 19.42 (13) (k) of the statutes is amended to read:

AB1-SSA1-SA2,99,22 19.42 (13) (k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.".

AB1-SSA1-SA2,99,23 40. Page 11, line 18: after that line insert:

AB1-SSA1-SA2,99,24 " Section 25cb. 19.45 (13) of the statutes is created to read:

AB1-SSA1-SA2,100,10 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB1-SSA1-SA2, s. 25cd Section 25cd. 19.49 (1m) of the statutes is created to read:

AB1-SSA1-SA2,100,16 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-SSA1-SA2, s. 25cf Section 25cf. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB1-SSA1-SA2,100,21 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB1-SSA1-SA2, s. 25ch Section 25ch. 19.49 (5) (b) of the statutes is created to read:

AB1-SSA1-SA2,100,25 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB1-SSA1-SA2, s. 25cj Section 25cj. 19.53 (6) of the statutes is amended to read:

AB1-SSA1-SA2,101,18 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB1-SSA1-SA2, s. 25cL Section 25cL. 19.535 of the statutes is created to read:

AB1-SSA1-SA2,102,4 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB1-SSA1-SA2, s. 25cn Section 25cn. 19.59 (1) (br) of the statutes is created to read:

AB1-SSA1-SA2,102,15 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB1-SSA1-SA2, s. 25cp Section 25cp. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB1-SSA1-SA2,102,22 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB1-SSA1-SA2, s. 25cr Section 25cr. 19.59 (7) (b) of the statutes is created to read:

AB1-SSA1-SA2,103,4 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB1-SSA1-SA2, s. 25ct Section 25ct. 19.59 (8) (c) of the statutes is amended to read:

AB1-SSA1-SA2,103,10 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB1-SSA1-SA2, s. 25cv Section 25cv. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB1-SSA1-SA2,103,16 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-SSA1-SA2,103,25 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.".

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AB1-SSA1-SA2,107,4 57. Page 13, line 10: after that line insert:

AB1-SSA1-SA2,107,5 " Section 27hc. 20.115 (2) (j) of the statutes is amended to read:

AB1-SSA1-SA2,108,3 20.115 (2) (j) Dog licenses, rabies control , and related services. The amounts in the schedule to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign, and to carry out humane activities under s. 93.07 (11) and ch. 173. All moneys received under ss. 95.21 (9) (c), 173.27, and 174.09 (1) and (3) shall be credited to this appropriation.

AB1-SSA1-SA2, s. 27hd Section 27hd. 20.115 (2) (j) of the statutes, as affected by 2001 Wisconsin Acts 16 and .... (this act), is repealed and recreated to read:

AB1-SSA1-SA2,108,11 20.115 (2) (j) Dog licenses, rabies control, and related services. All moneys received under ss. 95.21 (9) (c), 173.27, 173.40, and 174.09 (1) and (3), to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign, and to carry out activities under s. 93.07 (11) and ch. 173.".

AB1-SSA1-SA2,108,12 58. Page 13, line 10: after that line insert:

AB1-SSA1-SA2,108,14 " Section 27c. 20.115 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1-SSA1-SA2, s. 27e Section 27e. 20.115 (1) (k) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.".

AB1-SSA1-SA2,108,17 59. Page 13, line 10: after that line insert:

AB1-SSA1-SA2,108,18 " Section 27m. 20.115 (1) (hm) of the statutes is amended to read:

AB1-SSA1-SA2,108,24 20.115 (1) (hm) Ozone-depleting refrigerants and products regulation. The amounts in the schedule for administration of the mobile air conditioner servicing and refrigerant recycling programs and for responsibilities under ss. s. 100.45 and 100.50 relating to sales and labeling of products containing or made with ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a) 3. and (5m) shall be credited to this appropriation.".

AB1-SSA1-SA2,109,1 60. Page 13, line 11: after that line insert:

AB1-SSA1-SA2,109,2 " Section 28j. 20.115 (7) (b) of the statutes is renumbered 20.370 (7) (bb).

AB1-SSA1-SA2, s. 28jg Section 28jg. 20.115 (7) (c) of the statutes is renumbered 20.370 (6) (ac).

AB1-SSA1-SA2, s. 28km Section 28km. 20.115 (7) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 20.370 (6) (dd).

AB1-SSA1-SA2, s. 28ks Section 28ks. 20.115 (7) (f) of the statutes is renumbered 20.370 (7) (df).

AB1-SSA1-SA2, s. 28ku Section 28ku. 20.115 (7) (g) of the statutes is amended to read:

AB1-SSA1-SA2,109,10 20.115 (7) (g) Agricultural impact statements. All moneys received by the department under s. 32.035 from the preparation of agricultural impact statements, except moneys appropriated under s. 20.370 (4) (cg), for general program operations.

AB1-SSA1-SA2, s. 28L Section 28L. 20.115 (7) (qd) of the statutes is repealed.".

AB1-SSA1-SA2,109,12 61. Page 13, line 11: after that line insert:

AB1-SSA1-SA2,109,13 " Section 28n. 20.143 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,109,16 20.143 (1) (a) General program operations. The amounts in the schedule for general program operations under subchs. I and III to VIII of ch. 560, excluding general program operations of the division of international and export services.".

AB1-SSA1-SA2,109,17 62. Page 13, line 11: after that line insert:

AB1-SSA1-SA2,109,18 " Section 28m. 20.115 (8) (jm) of the statutes is repealed.".

AB1-SSA1-SA2,109,19 63. Page 13, line 11: after that line insert:

AB1-SSA1-SA2,109,20 " Section 28fw. 20.143 (1) (bp) of the statutes is created to read:

AB1-SSA1-SA2,109,23 20.143 (1) (bp) Forward Wisconsin, Inc.; study for brand image. The amounts in the schedule to contract for the study and proposal for a national brand image specified in 2001 Wisconsin Act ... (this act), section 9110 (1c).

AB1-SSA1-SA2, s. 28fx Section 28fx. 20.143 (1) (bp) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.".