Amendment ASA3-SB1

SB1-ASA3, s. 150 Section 150. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-ASA3, s. 151 Section 151. 20.923 (4) (e) 2e. of the statutes is created to read:

SB1-ASA3,50,10 20.923 (4) (e) 2e. Government accountability and integrity board: administrator of the enforcement division.

SB1-ASA3, s. 152 Section 152. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-ASA3,50,13 20.923 (4) (f) 3j. Government accountability and integrity board: executive director.

SB1-ASA3, s. 153 Section 153. 20.930 of the statutes is amended to read:

SB1-ASA3,50,17 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 46.27 (7g) (h), 49.496 (3) (f) and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

SB1-ASA3, s. 154 Section 154. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-ASA3,51,13 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 and integrity 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)."

SB1-ASA3, s. 155 Section 155. 67.05 (3) (b) of the statutes is amended to read:

SB1-ASA3,51,22 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 and integrity board under ss. 5.64 (2) and 7.08 (1) (a).

SB1-ASA3, s. 156 Section 156. 67.05 (6) of the statutes is amended to read:

SB1-ASA3,52,12 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 and integrity board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB1-ASA3, s. 157 Section 157. 71.10 (3) (b) of the statutes is amended to read:

SB1-ASA3,52,22 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 and integrity 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.

SB1-ASA3, s. 158 Section 158. 71.10 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA3,53,22 71.10 (3) (b) The secretary of revenue shall ensure that space for the designations under par. (am) is provided on the face of the individual income tax return in a manner that is convenient to the individual filing the return. The secretary of revenue shall provide next to the place on the return where designation under par. (am) is made a statement that a designation will increase tax liability, that the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that by making a designation the individual is also claiming the credit. The department of revenue shall ensure that an individual may make the designation under par. (am) and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on the face of the individual income tax return. The secretary of revenue shall also provide and highlight a place in the instructions that accompany the return for information submitted to the secretary by the government accountability and integrity board and integrity under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the government accountability and integrity board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year and the amount of designations made during that fiscal year for the general account and for the account of each eligible political party. If any individual designates an amount greater than the amount authorized under par. (am) or attempts to place any condition or restriction upon a designation not authorized under par. (am), that individual is deemed not to have made a designation on his or her tax return.

SB1-ASA3, s. 159 Section 159. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB1-ASA3,53,25 73.0301 (1) (d) 13. A license issued by the ethics government accountability and integrity board under s. 13.63 (1).

SB1-ASA3, s. 160 Section 160. 73.0301 (1) (e) of the statutes is amended to read:

SB1-ASA3,54,8 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 and integrity 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.

SB1-ASA3, s. 161 Section 161. 85.61 (1) of the statutes is amended to read:

SB1-ASA3,54,18 85.61 (1) The secretary of transportation and the executive director of the elections government accountability and integrity board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections government accountability and integrity 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 and integrity board to verify the accuracy of the information provided for the purpose of voter registration.

SB1-ASA3, s. 162 Section 162. 117.20 (2) of the statutes is amended to read:

SB1-ASA3,55,5 117.20 (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 and integrity 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.

SB1-ASA3, s. 163 Section 163. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB1-ASA3,55,11 117.27 (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 and integrity board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

SB1-ASA3, s. 164 Section 164. 121.91 (3) (c) of the statutes is amended to read:

SB1-ASA3,55,23 121.91 (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 and integrity 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.

SB1-ASA3, s. 165 Section 165. 125.05 (1) (b) 10. of the statutes is amended to read:

SB1-ASA3,56,3 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a).

SB1-ASA3, s. 166 Section 166. 165.25 (1) of the statutes is amended to read:

SB1-ASA3,56,17 165.25 (1) Represent state. Except as provided in s. ss. 5.05 (2m) (c) 2. 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).

SB1-ASA3, s. 167 Section 167. 198.08 (10) of the statutes is amended to read:

SB1-ASA3,57,5 198.08 (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 and integrity 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.

SB1-ASA3, s. 168 Section 168. 200.09 (11) (am) 3. of the statutes is amended to read:

SB1-ASA3,57,11 200.09 (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 and integrity board under s. 5.05 upon passage of a resolution under this subdivision.

SB1-ASA3, s. 169 Section 169. 227.03 (6) of the statutes is amended to read:

SB1-ASA3,57,14 227.03 (6) Orders of the elections government accountability and integrity board under s. 5.06 (6) are not subject to this chapter.

SB1-ASA3, s. 170 Section 170. 227.45 (1) of the statutes is amended to read:

SB1-ASA3,57,24 227.45 (1) Except as provided in ss. 19.52 (3) and s. 901.05, an agency or hearing examiner shall not be bound by common law or statutory rules of evidence. The agency or hearing examiner shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. The agency or hearing examiner shall give effect to the rules of privilege recognized by law. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB1-ASA3, s. 171 Section 171. 227.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA3,58,5 227.46 (1) (intro.) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case. In hearings under s. 19.52, a reserve judge shall be appointed. Subject to rules of the agency, examiners presiding at hearings may:

SB1-ASA3, s. 172 Section 172. 227.52 (6) of the statutes is amended to read:

SB1-ASA3,58,8 227.52 (6) Decisions of the chairperson of the elections government accountability and integrity board or the chairperson's designee.

SB1-ASA3, s. 173 Section 173. 230.08 (2) (e) 4h. of the statutes is created to read:

SB1-ASA3,58,10 230.08 (2) (e) 4h. Government accountability and integrity board — 3.

SB1-ASA3, s. 174 Section 174. 230.08 (2) (om) of the statutes is repealed.

SB1-ASA3, s. 175 Section 175. 230.08 (2) (on) of the statutes is created to read:

SB1-ASA3,58,14 230.08 (2) (on) The executive director of the government accountability and integrity board.

SB1-ASA3, s. 176 Section 176. 230.08 (2) (wm) of the statutes is repealed.

SB1-ASA3, s. 177 Section 177. 230.08 (4) (a) of the statutes is amended to read:

SB1-ASA3,59,2 230.08 (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 and integrity 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.

SB1-ASA3, s. 178 Section 178. 234.02 (3m) (c) of the statutes is amended to read:

SB1-ASA3,59,7 234.02 (3m) (c) The authority shall, with the advice of the ethics government accountability and integrity board, 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.

SB1-ASA3, s. 179 Section 179. 560.04 (2m) of the statutes is amended to read:

SB1-ASA3,59,17 560.04 (2m) Duties. The department may assign one or more full-time equivalent positions to the functions of coordinating the development and scheduling of training programs for local government officials by the University of Wisconsin-Extension, technical college system, department of revenue, elections government accountability and integrity board, and other state agencies in order to assure the effective delivery of training programs and to prevent duplication of effort and of coordinating requests for management or personnel consultative services from government units other than the state and directing those requests to the appropriate division of the department of administration.

SB1-ASA3, s. 180 Section 180. 778.135 of the statutes is amended to read:

SB1-ASA3,60,4 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections government accountability and integrity board under s. 5.05 (1) (c) 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 and deposited with the secretary of administration. Whenever any proposed action by a county board of election commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the parties, the moneys accruing to the county on account of such settlement shall be paid to the board of election commissioners and deposited with the county treasurer in the same manner as provided for forfeitures under s. 778.13.

SB1-ASA3, s. 181 Section 181. 778.136 of the statutes is repealed.

SB1-ASA3, s. 182 Section 182. 971.22 (2) and (3) of the statutes are amended to read:

SB1-ASA3,60,9 971.22 (2) The A motion under sub. (1) shall be in writing and supported by affidavit which shall state evidentiary facts showing the nature of the prejudice alleged. The district attorney may file counter affidavits.

SB1-ASA3,60,13 (3) If the court determines, pursuant to a motion filed under sub. (1), that there exists in the county where the action is pending such prejudice that a fair trial cannot be had, it shall order that the trial be held in any county where an impartial trial can be had. Only one change may be granted under this subsection.

SB1-ASA3,60,18 (5) The judge who orders the change in the place of trial shall preside at the trial. Preliminary matters prior to trial may be conducted in either county at the discretion of the court. The judge shall determine where the defendant, if he or she is in custody, shall be held and where the record shall be kept. If the criteria under s. 971.225 (1) (a) to (c) exist, the court may proceed under s. 971.225 (2).

SB1-ASA3, s. 183 Section 183. 971.22 (4) of the statutes is created to read:

SB1-ASA3,61,2 971.22 (4) In addition to any motion that is permitted under sub. (1), any defendant in a criminal action for violation of any provision of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 may file a written motion with the court for a change in the place of the trial. The motion shall be made at arraignment. The court shall grant not more than one such motion from any defendant and shall change the place of the trial to a county that shall be determined by the chief justice of the supreme court on a random basis except that the trial shall not be changed to the county in which the defendant resides.

SB1-ASA3, s. 184 Section 184 . Nonstatutory provisions.

SB1-ASA3,61,4 (1) Transfer of elections board.

SB1-ASA3,61,7 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the elections board shall become the assets and liabilities of the government accountability and integrity board.

SB1-ASA3,61,8 (b) Positions and employees.

SB1-ASA3,61,11 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the government accountability and integrity board.

SB1-ASA3,61,14 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the government accountability and integrity board.

SB1-ASA3,61,20 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the government accountability and integrity board that they enjoyed in the elections 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.

SB1-ASA3,61,23 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the elections board is transferred to the government accountability and integrity board.

SB1-ASA3,62,4 (d) Contracts. All contracts entered into by the elections board in effect on the effective date of this paragraph remain in effect and are transferred to the government accountability and integrity board. The government accountability and integrity board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability and integrity board to the extent allowed under the contract.

SB1-ASA3,62,10 (e) Rules and orders. All rules promulgated by the elections board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the government accountability and integrity board. All orders issued by the elections board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the government accountability and integrity board.

SB1-ASA3,62,15 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the government accountability and integrity board, and all materials submitted to or actions taken by the elections board with respect to the pending matter are considered as having been submitted to or taken by the government accountability and integrity board.

SB1-ASA3,62,16 (2) Transfer of ethics board.

SB1-ASA3,62,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the ethics board shall become the assets and liabilities of the government accountability and integrity board.

SB1-ASA3,62,20 (b) Positions and employees.

SB1-ASA3,62,23 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the government accountability and integrity board.

SB1-ASA3,63,3 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the government accountability and integrity board.

SB1-ASA3,63,9 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the government accountability and integrity board that they enjoyed in the ethics 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.

SB1-ASA3,63,12 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the ethics board is transferred to the government accountability and integrity board.

SB1-ASA3,63,18 (d) Contracts. All contracts entered into by the ethics board remain in effect and are transferred to the government accountability and integrity board. The government accountability and integrity board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability and integrity board to the extent allowed under the contract.

SB1-ASA3,63,24 (e) Rules and orders. All rules promulgated by the ethics board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the government accountability and integrity board. All orders issued by the ethics board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the government accountability and integrity board.

SB1-ASA3,64,5 (f) Pending matters. Any matter pending with the ethics board on the effective date of this paragraph is transferred to the government accountability and integrity board, and all materials submitted to or actions taken by the ethics board with respect to the pending matter are considered as having been submitted to or taken by the government accountability and integrity board.

SB1-ASA3,64,6 (3) Board transitions; initial terms.

SB1-ASA3,64,9 (a) Notwithstanding section 15.61, 2001 stats., section 15.62, 2003 stats., and section 15.07 (1) (c) of the statutes, the terms of office of all members of the elections board and all members of the ethics board holding office shall expire on July 1, 2007.