Amendment JR7 SSA2-SB1

SB1-SSA2, s. 147 Section 147. 20.510 (1) (h) of the statutes is repealed.

SB1-SSA2, s. 148 Section 148. 20.510 (1) (i) of the statutes is repealed.

SB1-SSA2, s. 149 Section 149. 20.510 (1) (j) of the statutes is renumbered 20.511 (1) (j).

SB1-SSA2, s. 150 Section 150. 20.510 (1) (q) of the statutes is renumbered 20.511 (1) (q).

SB1-SSA2, s. 151 Section 151. 20.510 (1) (t) of the statutes is renumbered 20.511 (1) (t).

SB1-SSA2, s. 152 Section 152. 20.510 (1) (x) of the statutes is renumbered 20.511 (1) (x).

SB1-SSA2, s. 153 Section 153. 20.511 (intro.) and (1) (title) and (a) of the statutes are created to read.

SB1-SSA2,61,20 20.511 Government accountability board. (intro.) There is appropriated from the general fund, except where otherwise indicated, to the government accountability board for the following programs:

SB1-SSA2,61,21 (1) (title) Administration of election, ethics, and lobbying laws.

SB1-SSA2,61,25 (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the board, including the printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and (4) and 11.21 (3) and (14), and the training of election officials under s. 5.05 (7).

SB1-SSA2, s. 154 Section 154. 20.511 (1) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB1-SSA2, s. 155 Section 155. 20.511 (1) (h) and (i) of the statutes are created to read:

SB1-SSA2,62,12 20.511 (1) (h) Materials and services. The amounts in the schedule for the costs of publishing documents, locating and copying records, and conducting programs under s. 19.48 (9) and administrative meetings and conferences, for compiling, disseminating, and making available information prepared by and filed with the board under s. 19.48 (10), and for supplies, postage, and shipping. All moneys received by the board from collections for sales of publications, copies of records, and supplies, for postage, for shipping and records location fees, from fees assessed under s. 19.48 (9) and (10), and for charges assessed to participants in administrative meetings and conferences shall be credited to this appropriation account.

SB1-SSA2,62,15 (i) General program operations; program revenue. The amounts in the schedule for general program operations of the board. All moneys received from fees imposed under ss. 11.055 (1) and 13.75 shall be credited to this appropriation account.

SB1-SSA2, s. 156 Section 156. 20.521 (intro.) of the statutes is repealed.

SB1-SSA2, s. 157 Section 157. 20.521 (1) (title) of the statutes is repealed.

SB1-SSA2, s. 158 Section 158. 20.521 (1) (a) of the statutes is repealed.

SB1-SSA2, s. 159 Section 159. 20.521 (1) (b) of the statutes is renumbered 20.511 (1) (be) and amended to read:

SB1-SSA2,62,25 20.511 (1) (be) Code of ethics investigations Investigations. Biennially, the amounts in the schedule A sum sufficient for the purpose of financing the costs of investigations authorized by the board of potential violations of the code of ethics for state public officials and employees under chs. 5 to 12, subch. III of ch. 13, and subch. III of ch. 19.

SB1-SSA2, s. 160 Section 160. 20.521 (1) (g) of the statutes is repealed.

SB1-SSA2, s. 161 Section 161. 20.521 (1) (h) of the statutes is renumbered 20.511 (1) (jm) and amended to read:

SB1-SSA2,63,6 20.511 (1) (jm) Gifts and grants. All moneys received by the board from gifts, grants, and bequests and devises to carry out the purposes, not inconsistent with subch. III of ch. 13 or subch. III of ch. 19 the law, for which made or received.

SB1-SSA2, s. 162 Section 162. 20.521 (1) (i) of the statutes is repealed.

SB1-SSA2, s. 163 Section 163. 20.923 (4) (d) 3. of the statutes is repealed.

SB1-SSA2, s. 164 Section 164. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-SSA2, s. 165 Section 165. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-SSA2,63,11 20.923 (4) (f) 3j. Government accountability board: legal counsel.

SB1-SSA2, s. 166 Section 166. 20.930 of the statutes is amended to read:

SB1-SSA2,63,15 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-SSA2, s. 167 Section 167. 46.95 (4) of the statutes is amended to read:

SB1-SSA2,63,20 46.95 (4) List of eligible organizations. The department shall certify to the elections government accountability board, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

SB1-SSA2, s. 168 Section 168. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-SSA2,64,15 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-SSA2, s. 169 Section 169. 67.05 (3) (b) of the statutes is amended to read:

SB1-SSA2,64,24 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-SSA2, s. 170 Section 170. 67.05 (6) of the statutes is amended to read:

SB1-SSA2,65,14 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-SSA2, s. 171 Section 171. 71.10 (3) (b) of the statutes is amended to read:

SB1-SSA2,65,24 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-SSA2, s. 172 Section 172. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB1-SSA2,66,2 73.0301 (1) (d) 13. A license issued by the ethics government accountability board under s. 13.63 (1).

SB1-SSA2, s. 173 Section 173. 73.0301 (1) (e) of the statutes is amended to read:

SB1-SSA2,66,10 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-SSA2, s. 174 Section 174. 85.61 (1) of the statutes is amended to read:

SB1-SSA2,66,21 85.61 (1) The secretary of transportation and the executive director administrator of the elections division 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 administrator of the elections division of the elections government accountability board to verify the accuracy of the information provided for the purpose of voter registration.

SB1-SSA2, s. 175 Section 175. 117.20 (2) of the statutes is amended to read:

SB1-SSA2,67,8 117.20 (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-SSA2, s. 176 Section 176. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB1-SSA2,67,14 117.27 (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-SSA2, s. 177 Section 177. 121.91 (3) (c) of the statutes is amended to read:

SB1-SSA2,68,2 121.91 (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-SSA2, s. 178 Section 178. 125.05 (1) (b) 10. of the statutes is amended to read:

SB1-SSA2,68,6 125.05 (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-SSA2, s. 179 Section 179. 165.25 (1) of the statutes is amended to read:

SB1-SSA2,68,14 165.25 (1) Represent state in appeals and on remand. Except as provided in s. ss. 5.05 (2m) (a) 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. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

SB1-SSA2,68,22 (1m) Represent state in other matters. 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-SSA2, s. 180 Section 180. 165.25 (3r) of the statutes is amended to read:

SB1-SSA2,69,2 165.25 (3r) Avoid conflict of interest. Require that attorneys in different organizational subunits in the department prosecute violations of chs. 562 to 569 or Indian gaming compacts entered into under s. 14.035 and defend any department, agency, official, employee or agent under subs. (1), (1m), (4) (a) and (6).

SB1-SSA2, s. 181 Section 181. 165.25 (8) of the statutes is amended to read:

SB1-SSA2,69,7 165.25 (8) Historical society contracts. In subs. (1), (1m), (6) and (6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employee or agent of such a corporation as a state official, employee or agent.

SB1-SSA2, s. 182 Section 182. 165.25 (8m) of the statutes is amended to read:

SB1-SSA2,69,12 165.25 (8m) Local emergency planning committees. In subs. (1), (1m), (6) and (6m), treat any local emergency planning committee appointed by a county board under s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employee or agent.

SB1-SSA2, s. 183 Section 183. 165.93 (4) of the statutes is amended to read:

SB1-SSA2,69,17 165.93 (4) List of eligible organizations. The department shall certify to the elections government accountability board, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

SB1-SSA2, s. 184 Section 184. 198.08 (10) of the statutes is amended to read:

SB1-SSA2,70,4 198.08 (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-SSA2, s. 185 Section 185. 200.09 (11) (am) 2. and 3. of the statutes are amended to read:

SB1-SSA2,70,9 200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The commission shall immediately notify the elections government accountability board under s. 5.05 upon passage of a resolution under subd. 1.

SB1-SSA2,70,14 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-SSA2, s. 186 Section 186. 227.03 (6) of the statutes is amended to read:

SB1-SSA2,70,17 227.03 (6) Orders of the elections government accountability board under s. 5.06 (6) are not subject to this chapter.

SB1-SSA2, s. 187 Section 187. 227.45 (1) of the statutes is amended to read:

SB1-SSA2,71,2 227.45 (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-SSA2, s. 188 Section 188. 227.46 (1) (intro.) of the statutes is amended to read:

SB1-SSA2,71,8 227.46 (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-SSA2, s. 189 Section 189. 227.52 (6) of the statutes is amended to read:

SB1-SSA2,71,11 227.52 (6) Decisions of the chairperson of the elections government accountability board or the chairperson's designee.

SB1-SSA2, s. 190 Section 190. 230.08 (2) (e) 4h. of the statutes is created to read:

SB1-SSA2,71,13 230.08 (2) (e) 4h. Government accountability board — 2.

SB1-SSA2, s. 191 Section 191. 230.08 (2) (om) of the statutes is repealed.

SB1-SSA2, s. 192 Section 192. 230.08 (2) (on) of the statutes is created to read:

SB1-SSA2,71,16 230.08 (2) (on) The legal counsel to the government accountability board.

SB1-SSA2, s. 193 Section 193. 230.08 (2) (wm) of the statutes is repealed.

SB1-SSA2, s. 194 Section 194. 230.08 (4) (a) of the statutes is amended to read:

SB1-SSA2,72,2 230.08 (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 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-SSA2, s. 195 Section 195. 234.02 (3m) (c) of the statutes is amended to read:

SB1-SSA2,72,7 234.02 (3m) (c) The authority shall, with the advice of the ethics government accountability 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-SSA2, s. 196 Section 196. 301.03 (20m) of the statutes is amended to read:

SB1-SSA2,72,13 301.03 (20m) Transmit to the elections government accountability board, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.