Amendment ASA5-SB1

SB1-ASA5,57,8 19.461 Nonapplication to members of certain local committees. Paragraphs (a) to (c) Sections 19.45 (2), (3), and (13) and 19.46 (1) do not apply to the members of a local committee appointed under s. 289.33 (7) (a) to negotiate with the owner or operator of, or applicant for a license to operate, a solid waste disposal or hazardous waste facility under s. 289.33, with respect to any matter contained or proposed to be contained in a written agreement between a municipality and the owner, operator or applicant or in an arbitration award or proposed award that is applicable to those parties.

SB1-ASA5, s. 130 Section 130. 19.59 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 131 Section 131. 19.59 (1m) of the statutes is amended to read:

SB1-ASA5,57,14 19.59 (1m) In addition to the requirements of sub. (1) 19.45 and 19.46 (1), any county, city, village or town may enact an ordinance establishing a code of ethics for public officials and employees of the county or municipality and candidates for county or municipal elective offices.

SB1-ASA5, s. 132 Section 132. 19.59 (3) (a) of the statutes is amended to read:

SB1-ASA5,57,18 19.59 (3) (a) A requirement for local public officials, other employees of the county or municipality other than local public officials and candidates for local public office to identify any of the economic interests specified in s. 19.44.

SB1-ASA5, s. 133 Section 133. 19.59 (3) (e) of the statutes is amended to read:

SB1-ASA5,57,24 19.59 (3) (e) Provisions in addition to those prescribed in ss. 19.45 and 19.46 (1), whenever applicable, prescribing ethical standards of conduct and prohibiting conflicts of interest on the part of local public officials and other employees of the county or municipality or on the part of former local public officials or former employees of the county or municipality.

SB1-ASA5, s. 134 Section 134. 19.59 (5) (a) of the statutes is amended to read:

SB1-ASA5,58,25 19.59 (5) (a) Any individual, either personally or on behalf of an organization or governmental body, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit, an advisory opinion regarding the propriety of any matter to which the person is or may become a party with respect to the application or interpretation of any ordinance enacted under this section. Any appointing officer, with the consent of a prospective appointee, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit an advisory opinion regarding the propriety under an ordinance enacted under this section of any matter to which the prospective appointee is or may become a party. The county or municipal ethics board or the county corporation counsel or attorney shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. It is prima facie evidence of intent to comply with this section or any ordinance enacted under this section when a person refers a matter to a county or municipal ethics board or a county corporation counsel or attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. A county or municipal ethics board may authorize a county corporation counsel or attorney to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. Except as provided in par. (b), neither a county corporation counsel or attorney for a local governmental unit nor a member or agent of a county or municipal ethics board may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

SB1-ASA5, s. 135 Section 135. 19.59 (6) of the statutes is repealed.

SB1-ASA5, s. 136 Section 136. 19.59 (7) of the statutes is amended to read:

SB1-ASA5,59,8 19.59 (7) (a) Any person local public official who violates sub. (1) this subchapter 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) s. 19.45 (13), 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.

SB1-ASA5,59,15 (b) Any person local public official who violates sub. (1) this subchapter 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) s. 19.45 (13) 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.

SB1-ASA5, s. 137 Section 137. 19.59 (8) (a) to (c) of the statutes are amended to read:

SB1-ASA5,59,21 19.59 (8) (a) Subsection (1) Violations of this subchapter by a local public official shall be enforced prosecuted in the name and on behalf of the state by action of the board or, subject to the procedures prescribed in s. 5.05 (2m) (c), by action of the district attorney of for any county wherein a violation may occur, upon the verified complaint of any person.

SB1-ASA5,60,2 (b) In addition and supplementary to the remedy provided in sub. (7) for violation of this subchapter by any local public official, the board or district attorney may commence an action, separately or in conjunction with an action brought to obtain the remedy provided in sub. (7), to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.

SB1-ASA5,60,9 (c) If Unless the district attorney is precluded from commencing an action under s. 5.05 (2m) (c), if the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) any provision of s. 19.45 except s. 19.45 (13) with respect to a local public official 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.

SB1-ASA5, s. 138 Section 138. 19.59 (8) (cm) of the statutes is repealed.

SB1-ASA5, s. 139 Section 139. 19.59 (8) (cn) of the statutes is amended to read:

SB1-ASA5,60,23 19.59 (8) (cn) If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the board or district attorney for the county in which a violation of sub. (1) (br) s. 19.45 (13) is alleged to occur receives a verified complaint alleging a violation of sub. (1) (br) s. 19.45 (13) by a local public official, the board or district attorney shall, within 30 days after receipt of the complaint, either commence an investigation of the allegations contained in the complaint or dismiss the complaint. If the district attorney dismisses the complaint, with or without investigation, the district attorney shall notify the complainant in writing. Upon receiving notification of the dismissal, the complainant may then file the complaint with the attorney general or the district attorney for a county that is adjacent to the county in which the violation is alleged to occur. The attorney general or district attorney may then investigate the allegations contained in the complaint and commence a prosecution.

SB1-ASA5, s. 140 Section 140. 19.59 (8) (d) of the statutes is amended to read:

SB1-ASA5,61,5 19.59 (8) (d) If the district attorney prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the county wherein the violation occurs. If the board or attorney general prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the state.

SB1-ASA5, s. 141 Section 141. 19.85 (1) (fm) of the statutes is created to read:

SB1-ASA5,61,8 19.85 (1) (fm) Deliberating by the government accountability board concerning any investigation under the board's jurisdiction.

SB1-ASA5, s. 142 Section 142. 19.85 (1) (h) of the statutes is amended to read:

SB1-ASA5,61,12 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics executive director of the government accountability board under s. 19.46 (2) s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

SB1-ASA5, s. 143 Section 143. 20.510 (intro.) of the statutes is repealed.

SB1-ASA5, s. 144 Section 144. 20.510 (1) (title) of the statutes is repealed.

SB1-ASA5, s. 145 Section 145. 20.510 (1) (a) of the statutes is repealed.

SB1-ASA5, s. 146 Section 146. 20.510 (1) (bm) of the statutes is repealed.

SB1-ASA5, s. 147 Section 147. 20.510 (1) (c) of the statutes is repealed.

SB1-ASA5, s. 148 Section 148. 20.510 (1) (d) of the statutes is repealed.

SB1-ASA5, s. 149 Section 149. 20.510 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 150 Section 150. 20.510 (1) (h) of the statutes is repealed.

SB1-ASA5, s. 151 Section 151. 20.510 (1) (i) of the statutes is repealed.

SB1-ASA5, s. 152 Section 152. 20.510 (1) (j) of the statutes is repealed.

SB1-ASA5, s. 153 Section 153. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB1-ASA5, s. 154 Section 154. 20.510 (1) (t) of the statutes is repealed.

SB1-ASA5, s. 155 Section 155. 20.510 (1) (x) of the statutes is repealed.

SB1-ASA5, s. 156 Section 156. 20.521 (intro.) of the statutes is repealed.

SB1-ASA5, s. 157 Section 157. 20.521 (1) (title) of the statutes is repealed.

SB1-ASA5, s. 158 Section 158. 20.521 (1) (a) of the statutes is repealed.

SB1-ASA5, s. 159 Section 159. 20.521 (1) (b) of the statutes is repealed.

SB1-ASA5, s. 160 Section 160. 20.521 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 161 Section 161. 20.521 (1) (h) of the statutes is repealed.

SB1-ASA5, s. 162 Section 162. 20.521 (1) (i) of the statutes is repealed.

SB1-ASA5, s. 163 Section 163. 20.923 (4) (intro.) of the statutes is amended to read:

SB1-ASA5,63,8 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations, the administrator of the enforcement division in the government accountability board, and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i). Except for positions specified in par. pars. (c) 3m. and (e) 2e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

SB1-ASA5, s. 164 Section 164. 20.923 (4) (d) 3. of the statutes is repealed.

SB1-ASA5, s. 165 Section 165. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-ASA5, s. 166 Section 166. 20.923 (4) (e) 2e. of the statutes is created to read:

SB1-ASA5,63,13 20.923 (4) (e) 2e. Government accountability board: administrator of the enforcement division.

SB1-ASA5, s. 167 Section 167. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-ASA5,63,15 20.923 (4) (f) 3j. Government accountability board: executive director.

SB1-ASA5, s. 168 Section 168. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-ASA5,64,10 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)."

SB1-ASA5, s. 169 Section 169. 67.05 (3) (b) of the statutes is amended to read:

SB1-ASA5,64,19 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).

SB1-ASA5, s. 170 Section 170. 67.05 (6) of the statutes is amended to read:

SB1-ASA5,65,9 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.

SB1-ASA5, s. 171 Section 171. 71.10 (3) (b) of the statutes is amended to read:

SB1-ASA5,65,19 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.

SB1-ASA5, s. 172 Section 172. 71.10 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA5,66,17 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 board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the government accountability 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-ASA5, s. 173 Section 173. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB1-ASA5,66,20 73.0301 (1) (d) 13. A license issued by the ethics government accountability board under s. 13.63 (1).

SB1-ASA5, s. 174 Section 174. 73.0301 (1) (e) of the statutes is amended to read:

SB1-ASA5,67,3 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.

SB1-ASA5, s. 175 Section 175. 85.61 (1) of the statutes is amended to read:

SB1-ASA5,67,13 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.

SB1-ASA5, s. 176 Section 176. 117.20 (2) of the statutes is amended to read:

SB1-ASA5,67,25 117.20 (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.

SB1-ASA5, s. 177 Section 177. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB1-ASA5,68,6 117.27 (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:

SB1-ASA5, s. 178 Section 178. 121.91 (3) (c) of the statutes is amended to read:

SB1-ASA5,68,18 121.91 (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.

SB1-ASA5, s. 179 Section 179. 125.05 (1) (b) 10. of the statutes is amended to read:

SB1-ASA5,68,22 125.05 (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).

SB1-ASA5, s. 180 Section 180. 165.25 (1) of the statutes is amended to read:

SB1-ASA5,69,11 165.25 (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).

SB1-ASA5, s. 181 Section 181. 165.25 (4) (e) of the statutes is created to read:

SB1-ASA5,69,15 165.25 (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.

SB1-ASA5, s. 182 Section 182. 198.08 (10) of the statutes is amended to read:

SB1-ASA5,70,2 198.08 (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.

SB1-ASA5, s. 183 Section 183. 200.09 (11) (am) 3. of the statutes is amended to read:

SB1-ASA5,70,8 200.09 (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.

SB1-ASA5, s. 184 Section 184. 227.03 (6) of the statutes is amended to read:

SB1-ASA5,70,11 227.03 (6) Orders of the elections government accountability board under s. 5.06 (6) are not subject to this chapter.