Amendment ASA1-AB1189

AB1189-ASA1, s. 128 Section 128. 20.923 (4) (f) 3j. of the statutes is created to read:

AB1189-ASA1,50,23 20.923 (4) (f) 3j. Government accountability board: executive director.

AB1189-ASA1, s. 129 Section 129. 59.605 (3) (a) 3. of the statutes is amended to read:

AB1189-ASA1,51,19 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

AB1189-ASA1, s. 130 Section 130. 67.05 (3) (b) of the statutes is amended to read:

AB1189-ASA1,52,3 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a).

AB1189-ASA1, s. 131 Section 131. 67.05 (6) of the statutes is amended to read:

AB1189-ASA1,52,18 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

AB1189-ASA1, s. 132 Section 132. 71.10 (3) (b) of the statutes, as affected by 2005 Wisconsin Acts 177 and 178, is amended to read:

AB1189-ASA1,53,4 71.10 (3) (b) The secretary of revenue shall provide a place for those designations on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the elections government accountability board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return.

AB1189-ASA1, s. 133 Section 133. 73.0301 (1) (d) 13. of the statutes is amended to read:

AB1189-ASA1,53,7 73.0301 (1) (d) 13. A license issued by the ethics government accountability board under s. 13.63 (1).

AB1189-ASA1, s. 134 Section 134. 73.0301 (1) (e) of the statutes is amended to read:

AB1189-ASA1,53,15 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics government accountability board; the department of financial institutions; the department of health and family services; the department of natural resources; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

AB1189-ASA1, s. 135 Section 135. 85.61 (1) of the statutes is amended to read:

AB1189-ASA1,53,25 85.61 (1) The secretary of transportation and the executive director of the elections government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections government accountability board under s. 6.36 (1) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the executive director of the elections government accountability board to verify the accuracy of the information provided for the purpose of voter registration.

AB1189-ASA1, s. 136 Section 136. 117.20 (2) of the statutes is amended to read:

AB1189-ASA1,54,12 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (9), (11), (13), and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

AB1189-ASA1, s. 137 Section 137. 117.27 (2) (b) (intro.) of the statutes is amended to read:

AB1189-ASA1,54,18 117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

AB1189-ASA1, s. 138 Section 138. 121.91 (3) (c) of the statutes is amended to read:

AB1189-ASA1,55,5 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

AB1189-ASA1, s. 139 Section 139. 125.05 (1) (b) 10. of the statutes is amended to read:

AB1189-ASA1,55,9 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a).

AB1189-ASA1, s. 140 Section 140. 165.25 (1) of the statutes is amended to read:

AB1189-ASA1,55,23 165.25 (1) Represent state. Except as provided in s. ss. 5.05 (2m) (c) 1. and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party; and, if requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee, or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB1189-ASA1, s. 141 Section 141. 165.25 (4) (e) of the statutes is created to read:

AB1189-ASA1,56,3 165.25 (4) (e) Provide assistance to the enforcement division of the government accountability board in the investigation and prosecution of violations of chs. 5 to 12, subch. III of ch. 13, and subch. III of ch. 19.

AB1189-ASA1, s. 142 Section 142. 198.08 (10) of the statutes is amended to read:

AB1189-ASA1,56,15 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile, and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the elections government accountability board shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

AB1189-ASA1, s. 143 Section 143. 200.09 (11) (am) 3. of the statutes is amended to read:

AB1189-ASA1,56,21 200.09 (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 commission shall immediately notify the elections government accountability board under s. 5.05 upon passage of a resolution under this subdivision.

AB1189-ASA1, s. 144 Section 144. 227.03 (6) of the statutes is amended to read:

AB1189-ASA1,56,24 227.03 (6) Orders of the elections government accountability board under s. 5.06 (6) are not subject to this chapter.

AB1189-ASA1, s. 145 Section 145. 227.03 (6m) of the statutes is created to read:

AB1189-ASA1,57,2 227.03 (6m) Cases before the enforcement division of the government accountability board under s. 5.066 are not subject to this chapter.

AB1189-ASA1, s. 146 Section 146. 227.52 (6) of the statutes is amended to read:

AB1189-ASA1,57,5 227.52 (6) Decisions of the chairperson of the elections government accountability board or the chairperson's designee.

AB1189-ASA1, s. 147 Section 147. 230.03 (4) and (6) of the statutes are amended to read:

AB1189-ASA1,57,10 230.03 (4) Except as provided in s. ss. 230.40 (4), 230.405 (1), and 230.80 (1m), "appointing authority" means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes.

AB1189-ASA1,57,13 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, but except for purposes of ss. 230.40 and 230.405, excludes all offices and positions in the organized militia.

AB1189-ASA1, s. 148 Section 148. 230.08 (2) (e) 4h. of the statutes is created to read:

AB1189-ASA1,57,15 230.08 (2) (e) 4h. Government accountability board — 3.

AB1189-ASA1, s. 149 Section 149. 230.08 (2) (om) of the statutes is repealed.

AB1189-ASA1, s. 150 Section 150. 230.08 (2) (on) of the statutes is created to read:

AB1189-ASA1,57,18 230.08 (2) (on) The executive director of the government accountability board.

AB1189-ASA1, s. 151 Section 151. 230.08 (2) (wm) of the statutes is repealed.

AB1189-ASA1, s. 152 Section 152. 230.08 (4) (a) of the statutes is amended to read:

AB1189-ASA1,58,4 230.08 (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. 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 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.

AB1189-ASA1, s. 153 Section 153. 230.40 (1), (2), (4) and (5) of the statutes are amended to read:

AB1189-ASA1,58,19 230.40 (1) No person holding a position in the classified civil service may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while on state time or engaged in official duties as an employee. No person may orally solicit or by letter transmit any solicitation to a state office or be in any manner concerned in soliciting any assistance, subscription, or support for any partisan political party or purpose from any person holding any position in the classified civil service while on state time or engaged in official duties as an employee. No person holding any position in the classified civil service may during the hours when on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office, nor engage in any political activity when not on duty to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.

AB1189-ASA1,58,25 (2) If a person who holds an appointive position in the classified civil service declares an intention to run for becomes a candidate for a partisan political office the person shall be placed on a leave of absence for the duration of the election campaign and if elected shall separate from the classified civil service on assuming the duties and responsibilities of such office. In this subsection, "candidate" has the meaning given in s. 230.405 (1) (c).

AB1189-ASA1,59,5 (4) A person who holds an appointive position in the classified civil service may be granted upon concurrence by the person's appointing authority a leave of absence to participate in partisan political campaigning. In this subsection, "appointing authority" means the individual who has the authority to make appointments to a position.

AB1189-ASA1,59,9 (5) Persons on leave from the classified civil service under subs. (2) and (4) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription or support from any person holding any position in the classified civil service.

AB1189-ASA1, s. 154 Section 154. 230.40 (7) of the statutes is created to read:

AB1189-ASA1,59,12 230.40 (7) Any violation of this section by a person who holds an appointive position in the civil service is adequate grounds for discipline, including dismissal.

AB1189-ASA1, s. 155 Section 155. 230.405 of the statutes is created to read:

AB1189-ASA1,59,14 230.405 Campaign activity. (1) In this section:

AB1189-ASA1,59,17 (a) "Appointing authority" means the chief administrative officer of a state agency unless another person is authorized by law to appoint subordinate staff in the state agency.

AB1189-ASA1,59,18 (b) "Campaign activity" means:

AB1189-ASA1,59,21 1. Organizing or assisting in the organization of an event on behalf of a candidate, political party, or political committee, but not including recording the date of an event.

AB1189-ASA1,59,23 2. Soliciting or receiving a contribution on behalf of a candidate, political party, or political committee.

AB1189-ASA1,59,25 3. Designing or distributing an advertisement paid for by a candidate, political party, or political committee.

AB1189-ASA1,60,3 4. Designing or distributing brochures, literature, nomination papers, or other promotional materials, whether in electronic or nonelectronic form, that are paid for by a candidate, political party, or political committee.

AB1189-ASA1,60,5 5. Organizing or directing individuals for the purpose of securing voluntary services on behalf of a candidate, political party, or political committee.

AB1189-ASA1,60,6 6. Preparing a budget for a candidate, political party, or political committee.

AB1189-ASA1,60,9 7. Preparing or participating in the conduct of polling relating to political issues, other than polling conducted by a state legislator to seek input from constituents.

AB1189-ASA1,60,12 8. Creating or maintaining a list or database of individuals who have made a contribution or provided voluntary services to a candidate, political party, or political committee.

AB1189-ASA1,60,14 9. Directing or participating in the recruitment of a candidate for national, state, or local office.

AB1189-ASA1,60,16 10. Organizing or assisting in the organization of individuals to vote for a particular candidate or the candidates of a particular political party.

AB1189-ASA1,60,19 11. Transporting individuals to a polling place on behalf of a candidate, political party, or political committee, or to a rally organized for the purpose of supporting a candidate or political party.

AB1189-ASA1,60,24 (c) "Candidate" means every person for whom it is contemplated or desired that votes be cast at any election held within this state, whether or not the person is elected or nominated, and who either tacitly or expressly consents to be so considered. A person does not cease to be a candidate by virtue of the passing of the date of an election.

AB1189-ASA1,60,25 (d) "Contribution" has the meaning given in s. 11.01 (6) and 2 USC 431 (8).

AB1189-ASA1,61,2 (e) "Disbursement" has the meaning given in s. 11.01 (7) and the meaning given for the term "expenditure" in 2 USC 431 (9).

AB1189-ASA1,61,3 (f) "Legislative campaign committee" has the meaning given in s. 11.01 (12s).

AB1189-ASA1,61,4 (g) "Local office" has the meaning given in s. 5.02 (9).

AB1189-ASA1,61,5 (h) "National office" has the meaning given in s. 5.02 (12).

AB1189-ASA1,61,7 (i) "Personal campaign committee" has the meaning given in s. 11.01 (15) and includes a federal candidate committee, as defined in s. 11.06 (3m) (a).

AB1189-ASA1,61,12 (j) "Political committee" means any person other than an individual and any combination of 2 or more persons, permanent or temporary, that makes or accepts contributions or makes disbursements, whether or not engaged in activities that are exclusively political, and includes a legislative campaign committee, a personal campaign committee, and a political committee, as defined in 2 USC 431 (4).

AB1189-ASA1,61,13 (k) "Political party" has the meaning given in s. 5.02 (13) and 2 USC 431 (13).

AB1189-ASA1,61,14 (L) "State agency" has the meaning given in s. 20.001 (1).

AB1189-ASA1,61,15 (m) "State office" has the meaning given in s. 5.02 (23).

AB1189-ASA1,61,18 (2) No appointing authority of a person holding an appointive position in the civil service may assign or authorize campaign activity to be performed on state time, or with the use of state resources, or on any property owned or leased by the state.

AB1189-ASA1,61,22 (3) No person holding a position in the civil service may use, or make available for use by another, state resources or property owned or leased by the state in connection with campaign activity except to the extent that the resources or property are available to be used by any person under similar circumstances.

AB1189-ASA1,61,24 (4) No person holding an appointive position in the civil service may engage in campaign activity:

AB1189-ASA1,61,25 (a) While the person is engaged in his or her employment.

AB1189-ASA1,62,4 (b) While on any form of paid leave, including compensatory time granted for time worked in excess of normal hours, other than annual leave or paid holiday leave and then only after having received approval from his or her appointing authority to use the leave for that purpose.

AB1189-ASA1,62,13 (c) During the established hours of employment for the person, unless the person has submitted to his or her appointing authority a request to work variant hours or to take unpaid leave and has obtained from the appointing authority a written finding that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the state agency for which the person performs services. For an employee of the legislature under s. 13.20, the appointing authority must find that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the house or houses for which the employee performs services.

AB1189-ASA1,62,18 (5) No decision affecting the continued employment of a person holding an appointive position in the civil service, or affecting the salary, benefits, hours, terms, or other conditions of employment of such a person, may be based in any manner or to any degree on the failure of the person to participate in campaign activity or the failure to make a contribution.