Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,27,2 7.37 (8) Electronic voting systems. Prior to the opening of the polling place, wherever electronic voting systems employing voting devices are used, the inspectors shall place the voting devices in position for voting and examine them to see that they are in proper working order and that they have the correct ballot labels by comparing them with the sample ballots.

SB55-SSA1-CA1, s. 87s Section 87s. 7.50 (1) (d) and (2) (a), (b) and (d) of the statutes are amended to read:

SB55-SSA1-CA1,27,15 7.50 (1) (d) Whenever an electronic voting system is used at a polling place in a partisan primary, and the same ballot is utilized to cast votes for candidates of more than one recognized political party or candidates of a party and independent candidates, if an elector designates a preference for a party or for independent candidates, only votes cast within that preference category may be counted. If an elector does not designate a preference and makes a mark or punch or affixes a sticker opposite candidates of more than one recognized political party or opposite a candidate in the independent candidates' column and a candidate of a recognized political party, no votes cast by the elector for any candidate for partisan office are valid. Votes for other candidates and votes on ballot questions, if any, shall be counted if otherwise valid.

SB55-SSA1-CA1,28,2 (2) (a) At a general election, if the elector places a mark, symbol or sticker or punches a hole under a party designation at the head of a column in or near the space indicated for that purpose, it is a vote for all the candidates whose names appear in the marked or punched column except as otherwise provided in this paragraph. If a name is stricken, it is not a vote for that candidate. If a name is written in, it is a vote for the write-in candidate. If a sticker is attached it is a vote for the candidate whose name appears on the sticker. If in some other column there is a mark or punch in the square to the right of a specific candidate's name or at the place designated on the ballot for marking or punching a vote for a specific candidate for the same office, it is a vote for that specific candidate and no vote may be counted for the candidate for the same office in the column marked or punched for a straight party vote.

SB55-SSA1-CA1,28,5 (b) A ballot cast without any marks, or stickers or punches may not be counted. A ballot without a mark or punch at the top of a party column may be counted only for persons for whom marks or punches are applicable.

SB55-SSA1-CA1,28,17 (d) If an elector writes a person's name in the proper space for write-in candidates for an office, it is a vote for the person written in for the office indicated, regardless of whether the elector strikes the names appearing in the same column for the same office, or places a mark or punch by the same or any other name for the same office, or omits placing a mark or punch to the right of the name written in. If an elector is permitted to vote for more than one candidate for the same office in an election and casts one or more write-in votes which, when added to the votes cast for candidates whose names appear on the ballot, exceed the number of votes authorized to be cast for the office, the write-in votes shall be counted and the votes for candidates whose names appear on the ballot may not be counted, unless there are more write-in votes than votes authorized to be cast, in which case no votes may be counted for the office.".

SB55-SSA1-CA1,28,18 8. Page 7, line 4: after that line insert:

SB55-SSA1-CA1,28,19 " Section 94w. 13.093 (2) (c) of the statutes is repealed.".

SB55-SSA1-CA1,28,20 9. Page 7, line 4: after that line insert:

SB55-SSA1-CA1,28,21 " Section 94sm. 10.01 (2) (b) of the statutes is amended to read:

SB55-SSA1-CA1,29,6 10.01 (2) (b) Type B—The type B notice shall include the relevant facsimile ballots and the relevant portions of voting instructions to electors under s. 10.02 for each office or referendum and shall specify the date of the election. In counties or municipalities where an electronic voting system employing a ballot label and ballot card in which ballots are distributed to electors is used, the notice shall include the information specified in s. 5.94. The type B notice shall be published once by the county clerks, and for primaries and other elections in municipalities or special purpose districts, once by the clerk of the municipality or special purpose district on the day preceding each primary and other election.

SB55-SSA1-CA1, s. 95m Section 95m. 10.06 (3) (e) of the statutes is amended to read:

SB55-SSA1-CA1,29,13 10.06 (3) (e) When electronic or mechanical voting machines or electronic voting systems employing a ballot card or label in which ballots are distributed to electors are used in a municipality at a municipal election, the municipal clerk shall publish a type B notice on the Monday before the election. The notice shall include all offices and questions to be voted on at the election. The cost of this notice shall be shared under s. 5.68 (2) and (3).

SB55-SSA1-CA1, s. 95ms Section 95ms. 12.13 (1) (f) of the statutes is amended to read:

SB55-SSA1-CA1,29,16 12.13 (1) (f) Shows his or her marked or punched ballot to any person or places a mark upon the ballot so it is identifiable as his or her ballot.

SB55-SSA1-CA1, s. 96m Section 96m. 12.13 (3) (e) and (j) of the statutes are amended to read:

SB55-SSA1-CA1,29,23 12.13 (3) (e) Prepare or cause to be prepared an official ballot with intent to change the result of the election as to any candidate or referendum; prepare an official ballot which is premarked or prepunched or which has an unauthorized sticker affixed prior to delivery to an elector; or deliver to an elector an official ballot bearing a mark or punch opposite the name of a candidate or referendum question that might be counted as a vote for or against a candidate or question.

SB55-SSA1-CA1,30,5 (j) When called upon to assist an elector who cannot read or write, has difficulty in reading, writing or understanding English, or is unable to mark or punch a ballot or depress a lever or button on a voting machine, inform the elector that a ballot contains names or words different than are printed or displayed on the ballot with the intent of inducing the elector to vote contrary to his or her inclination, intentionally fail to cast a vote in accordance with the elector's instructions or reveal the elector's vote to any 3rd person.".

SB55-SSA1-CA1,30,6 10. Page 7, line 4: after that line insert:

SB55-SSA1-CA1,30,7 " Section 97m. 13.0975 of the statutes is created to read:

SB55-SSA1-CA1,30,8 13.0975 Prison impact assessments. (1) In this section:

SB55-SSA1-CA1,30,9 (a) "Bureau" means the legislative fiscal bureau.

SB55-SSA1-CA1,30,10 (b) "Prison" means a state prison described under s. 302.01.

SB55-SSA1-CA1,30,17 (2) The bureau shall prepare a prison impact assessment for any bill or, if requested, for any bill draft that creates a felony or modifies the period of imprisonment for a felony. Except as otherwise provided by the joint rules of the legislature, the bureau shall prepare the assessment within 21 days after the date on which the bureau receives a copy of a bill under sub. (4) or the date on which the bureau receives a request to prepare the assessment from the requester of the bill draft, whichever occurs first. The assessment shall contain all of the following:

SB55-SSA1-CA1,30,19 (a) Projections of the impact on statewide populations of prisoners, probationers, parolees, and persons on extended supervision.

SB55-SSA1-CA1,30,22 (b) An estimate of the fiscal impact of population changes under par. (a) on state expenditures, including expenditures for the construction and operation of state prisons for the current fiscal year and on an annualized basis.

SB55-SSA1-CA1,30,24 (c) A statement of the methodologies and assumptions that the bureau used in preparing the assessment.

SB55-SSA1-CA1,31,2 (3) The legislature shall reproduce and distribute assessments under sub. (2) in the same manner as it reproduces and distributes amendments.

SB55-SSA1-CA1,31,6 (4) A bill draft that requires an assessment by the bureau under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires an assessment under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau.

SB55-SSA1-CA1,31,9 (5) No public hearing before a standing committee may be held and no committee vote may be taken regarding any bill or bill draft described in sub. (2) unless the assessment under sub. (2) has been prepared.

SB55-SSA1-CA1,31,12 (6) The department of corrections shall provide the bureau with information on current and past admissions and on length of time served and any other information needed by the bureau in order to prepare assessments under sub. (2).

SB55-SSA1-CA1,31,15 (7) The circuit courts and the office of justice assistance in the department of administration shall provide the bureau any information needed by the bureau in order to prepare assessments under sub. (2).

SB55-SSA1-CA1,31,17 (8) This section applies to bills introduced or requests for assessments for bill drafts made on or after July 1, 2002.".

SB55-SSA1-CA1,31,18 11. Page 8, line 3: delete "(eq) to (ex) (fq) to (fx)," and substitute "(eq) to (ex)".

SB55-SSA1-CA1,31,19 12. Page 8, line 15: after that line insert:

SB55-SSA1-CA1,31,21 " Section 99m. 13.101 (6) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,32,16 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (fq) to (fx), and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1) 20.375 (2), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.".

SB55-SSA1-CA1,32,17 13. Page 8, line 22: after "(16)" insert "(a)".

SB55-SSA1-CA1,32,18 14. Page 8, line 24: after that line insert:

SB55-SSA1-CA1,32,22 "(b) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the tobacco control fund the lesser of $25,000,000 or 8.5% of the market value of the investments in the permanent endowment fund on June 1 in that year.".

SB55-SSA1-CA1,32,23 15. Page 9, line 19: after that line insert:

SB55-SSA1-CA1,32,24 " Section 102m. 13.123 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,33,11 13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1). Any expenses incurred by a legislator under s. 14.82 shall be reimbursed from the appropriation under s. 20.315 (1) (q).".

SB55-SSA1-CA1,33,12 16. Page 9, line 19: after that line insert:

SB55-SSA1-CA1,33,13 " Section 102p. 13.205 of the statutes is created to read:

SB55-SSA1-CA1,33,19 13.205 Legislative hotline prohibited. (1) Except as provided in sub. (2), the joint committee on legislative organization, the assembly committee on organization, and the senate committee on organization may not maintain a toll-free telephone service for the use of members of the public to contact members of the legislature or for the use of members of the legislature to contact members of the public.

SB55-SSA1-CA1,33,24 (2) An organization committee under sub. (1) may maintain or allow the maintenance of one toll-free telephone service per member of the legislature for the use of members of the public to contact the member of the legislature. The senate committee on organization and the assembly committee on organization shall publish the number of the toll-free telephone service of each member of its house.".

SB55-SSA1-CA1,34,2 17. Page 10, line 3: delete the material beginning with that line and ending with page 11, line 9, and substitute:

SB55-SSA1-CA1,34,6 "(2) Except as provided in sub. (3), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:

SB55-SSA1-CA1,34,14 (a) The amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

SB55-SSA1-CA1,34,20 (b) The amount determined under par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

SB55-SSA1-CA1,34,21 (3) The limitation under sub. (2) does not apply to any of the following:

SB55-SSA1-CA1,34,23 (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).

SB55-SSA1-CA1,35,4 (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).

SB55-SSA1-CA1,35,6 (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).

SB55-SSA1-CA1,35,8 (d) An appropriation contained in a bill that is enacted with approval of at least two-thirds of the members of each house of the legislature.

SB55-SSA1-CA1,35,10 (e) An appropriation for legal expenses and the costs of judgments, orders, and settlements of actions and appeals incurred by the state.

SB55-SSA1-CA1,35,11 (f) An appropriation to make a payment for tax relief under s. 20.835 (2).

SB55-SSA1-CA1,35,13 (g) An appropriation to make a transfer from the general fund to the budget stabilization fund under s. 20.875 (1) (a).".

SB55-SSA1-CA1,35,14 18. Page 11, line 10: delete "tax relief" and substitute "cash building projects".

SB55-SSA1-CA1,35,15 19. Page 11, line 11: delete "20.876 (1) (a)" and substitute "20.867 (6) (a)".

SB55-SSA1-CA1,35,16 20. Page 11, line 12: delete lines 12 to 17 and substitute:

SB55-SSA1-CA1,35,17 "(i) An appropriation to any of the following:

SB55-SSA1-CA1,35,18 1. The higher educational aids board.

SB55-SSA1-CA1,35,19 2. The department of public instruction.

SB55-SSA1-CA1,35,20 3. The board of regents of the University of Wisconsin System.

SB55-SSA1-CA1,35,24 (4) For purposes of sub. (2), the legislative fiscal bureau shall determine the amount appropriated from general purpose revenue for any fiscal biennium to which sub. (2) applies. The legislative fiscal bureau shall make this determination no later than December 1 of each even-numbered year.".

SB55-SSA1-CA1,36,1 21. Page 11, line 17: after that line insert:

SB55-SSA1-CA1,36,2 " Section 103m. 13.45 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,36,8 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under ss. 20.315 (1) (q) and s. 20.765 (1) (a) or (b) for actual and necessary expenses incurred as a member of the committee.".

SB55-SSA1-CA1,36,9 22. Page 13, line 8: after that line insert:

SB55-SSA1-CA1,36,10 " Section 107m. 13.48 (14) (am) of the statutes is amended to read:

SB55-SSA1-CA1,36,15 13.48 (14) (am) Subject to par. (d) and s. 20.9145, the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.

SB55-SSA1-CA1, s. 107mm Section 107mm. 13.48 (14) (am) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,36,22 13.48 (14) (am) Subject to par. (d) and s. 20.9145, the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.

SB55-SSA1-CA1, s. 107n Section 107n. 13.48 (14) (b) of the statutes is amended to read:

SB55-SSA1-CA1,37,9 13.48 (14) (b) Subject to par. (d) and s. 20.9145, the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under s. 66.0703 (6).

SB55-SSA1-CA1, s. 107nm Section 107nm. 13.48 (14) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,37,20 13.48 (14) (b) Subject to par. (d) and s. 20.9145, the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under s. 66.0703 (6).

SB55-SSA1-CA1, s. 107p Section 107p. 13.48 (14) (d) 4. of the statutes is amended to read:

SB55-SSA1-CA1,38,8 13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000 that is not subject to sale under s. 20.9145, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee.

SB55-SSA1-CA1, s. 107pm Section 107pm. 13.48 (14) (d) 4. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,38,22 13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000 that is not subject to sale under s. 20.9145, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee.".

SB55-SSA1-CA1,38,23 23. Page 13, line 9: delete lines 9 to 15.

SB55-SSA1-CA1,38,24 24. Page 16, line 16: after that line insert:

SB55-SSA1-CA1,39,1 " Section 108m. 13.489 (2) of the statutes is amended to read:

SB55-SSA1-CA1,39,14 13.489 (2) Department to report proposed projects. Subject to s. 85.05, the department of transportation shall report to the commission not later than September 15 of each even-numbered year and at such other times as required under s. 84.013 (6) concerning its recommendations for adjustments in the major highway projects program under s. 84.013. If the report under this subsection includes a recommendation to enumerate one or more major highway projects under s. 84.013 (3), the department of transportation shall provide a life cycle cost statement for each proposed project to the governor, the transportation projects commission, the building commission, and the joint committee on finance. The life cycle cost statement shall include an estimate of the costs of constructing, maintaining, resurfacing, minor and major reconditioning, policing, plowing, painting, signing, and reconstructing the major highway project until the first reconstruction of the project is completed.".

SB55-SSA1-CA1,39,15 25. Page 16, line 16: after that line insert:

SB55-SSA1-CA1,39,16 " Section 108m. 13.48 (35) of the statutes is created to read: