Amendment ASA5-SB1

SB1-ASA5,72,10 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections government accountability 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-ASA5, s. 195 Section 195. 778.136 of the statutes is amended to read:

SB1-ASA5,72,17 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics government accountability board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state and local public officials and employees under s. 19.545, the moneys shall accrue to the state and be deposited with the secretary of administration.

SB1-ASA5, s. 196 Section 196. 971.19 (12) of the statutes is created to read:

SB1-ASA5,72,21 971.19 (12) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a defendant who is a resident of this state shall be tried in circuit court for the county where the defendant resides.

SB1-ASA5, s. 197 Section 197 . Nonstatutory provisions.

SB1-ASA5,72,23 (1) Transfer of elections board.

SB1-ASA5,73,3 (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 board.

SB1-ASA5,73,4 (b) Positions and employees.

SB1-ASA5,73,6 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the government accountability board.

SB1-ASA5,73,9 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the government accountability board.

SB1-ASA5,73,15 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 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-ASA5,73,18 (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 board.

SB1-ASA5,73,24 (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 board. The government accountability board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability board to the extent allowed under the contract.

SB1-ASA5,74,6 (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 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 board.

SB1-ASA5,74,11 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the government accountability 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 board.

SB1-ASA5,74,12 (2) Transfer of ethics board.

SB1-ASA5,74,15 (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 board.

SB1-ASA5,74,16 (b) Positions and employees.

SB1-ASA5,74,18 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the government accountability board.

SB1-ASA5,74,21 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the government accountability board.

SB1-ASA5,75,2 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 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-ASA5,75,5 (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 board.

SB1-ASA5,75,10 (d) Contracts. All contracts entered into by the ethics board remain in effect and are transferred to the government accountability board. The government accountability board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the government accountability board to the extent allowed under the contract.

SB1-ASA5,75,16 (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 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 board.

SB1-ASA5,75,21 (f) Pending matters. Any matter pending with the ethics board on the effective date of this paragraph is transferred to the government accountability 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 board.

SB1-ASA5,75,22 (3) Board transitions; initial terms.

SB1-ASA5,75,25 (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 June 1, 2007.

SB1-ASA5,76,3 (b) Each member of the government accountability board who is appointed as provided in paragraph (c) and qualified to take office shall take office on the effective date of this paragraph, or upon qualification to take office, whichever is later.

SB1-ASA5,76,12 (c) Notwithstanding section 15.60 (1) of the statutes, as created by this act, and section 15.07 (1) (c) of the statutes, of the members of the government accountability who are initially nominated by the governor, and with the advice and consent of the assembly and the senate appointed, 2 members who have prosecutorial experience and one other member who is not a retired judge of a court of record in this state shall be appointed to serve for terms expiring on May 1, 2009, and 2 members who have prosecutorial experience and one member who is a retired judge of a court of record in this state and one other member shall be appointed to serve for terms expiring on May 1, 2011.

SB1-ASA5,76,16 (d) Notwithstanding section 15.603 (1) of the statutes, as created by this act, the person who is initially appointed to serve as administrator of the enforcement division of the government accountability board shall serve for a term expiring on September 1, 2011.

SB1-ASA5,76,17 (4) Implementation.

SB1-ASA5,77,4 (a) Notwithstanding section 5.05 (1m) and (2m) of the statutes, as created by this act, and section 20.922 (1) of the statutes, the director of the legislative council staff shall serve as executive director of the government accountability board, without additional compensation for such service, until such time as the board initially appoints an executive director and the appointee qualifies to take office. The executive director of the legislative council staff is vested with full authority and responsibility to carry out all functions of the executive director of the government accountability board, the enforcement division in the government accountability board, and the administrator of the enforcement division prior to appointment and qualification of the initial executive director, including the retention and termination of all staff not transferred to the board that the board is authorized to employ under this act.

SB1-ASA5,77,8 (5) Initial nominations. The governmental accountability candidate committee under section 15.60 (2) of the statutes, as created by this act, shall submit its initial nominations of individuals to serve as members of the government accountability board no later than November 1, 2006.

SB1-ASA5,77,13 (6) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that the repeal and recreation of section 71.10 (3) (b) of the statutes by this act, or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b), is unconstitutional, the repeal and recreation of section 71.10 (3) (b) of the statutes by this act is void.

SB1-ASA5, s. 198 Section 198. Effective dates. This act takes effect on June 1, 2007, except as follows:

SB1-ASA5,77,20 (1) The treatment of sections 5.052, 5.054, 15.07 (5) (m), 15.60, 15.603, 20.923 (4) (intro.), (e) 2e., and (f) 3j., 230.08 (2) (e) 4h. and (on) and (4) (a) of the statutes, the renumbering and amendment of section 15.03 of the statutes, the creation of section 15.03 (2) of the statutes, and Section 197 (3 ) (b) to (d) and (4 ) to (6) of this act take effect on January 1, 2007.

SB1-ASA5,77,21 (End)