SB11: Bill Text

SB11, s. 80 Section 80. 67.05 (3) (b) of the statutes is amended to read:

SB11,28,6 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 ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a).

SB11, s. 81 Section 81. 67.05 (6) of the statutes is amended to read:

SB11,28,21 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 ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB11, s. 82 Section 82. 71.10 (3) (b) of the statutes is amended to read:

SB11,29,19 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 ethics and elections accountability and control board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the ethics and elections accountability and control 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.

SB11, s. 83 Section 83. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB11,29,22 73.0301 (1) (d) 13. A license issued by the ethics and elections accountability and control board under s. 13.63 (1).

SB11, s. 84 Section 84. 73.0301 (1) (e) of the statutes is amended to read:

SB11,30,5 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics and elections accountability and control 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.

SB11, s. 85 Section 85. 117.20 (2) of the statutes is amended to read:

SB11,30,17 117.20 (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 (5), (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 ethics and elections accountability and control 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.

SB11, s. 86 Section 86. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB11,30,23 117.27 (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 ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

SB11, s. 87 Section 87. 121.91 (3) (c) of the statutes is amended to read:

SB11,31,11 121.91 (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 ethics and elections accountability and control 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.

SB11, s. 88 Section 88. 125.05 (1) (b) 10. of the statutes is amended to read:

SB11,31,15 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a).

SB11, s. 89 Section 89. 165.25 (1) of the statutes is amended to read:

SB11,32,4 165.25 (1) Represent state. Except as provided in s. ss. 5.05 (2m) (e) 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).

SB11, s. 90 Section 90. 198.08 (10) of the statutes is amended to read:

SB11,32,17 198.08 (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 ethics and elections accountability and control 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.

SB11, s. 91 Section 91. 200.09 (11) (am) 3. of the statutes is amended to read:

SB11,32,23 200.09 (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 ethics and elections accountability and control board under s. 5.05 upon passage of a resolution under this subdivision.

SB11, s. 92 Section 92. 227.03 (6) of the statutes is amended to read:

SB11,33,2 227.03 (6) Orders of the ethics and elections accountability and control board under s. 5.06 (6) are not subject to this chapter.

SB11, s. 93 Section 93. 227.52 (6) of the statutes is amended to read:

SB11,33,5 227.52 (6) Decisions of the chairperson of the ethics and elections accountability and control board or the chairperson's designee.

SB11, s. 94 Section 94. 230.08 (2) (e) 4c. of the statutes is created to read:

SB11,33,7 230.08 (2) (e) 4c. Ethics and elections accountability and control board — 3.

SB11, s. 95 Section 95. 230.08 (2) (om) of the statutes is amended to read:

SB11,33,10 230.08 (2) (om) The executive director of the ethics and elections and accountability and control board.

SB11, s. 96 Section 96. 230.08 (2) (wm) of the statutes is repealed.

SB11, s. 97 Section 97. 230.08 (4) (a) of the statutes is amended to read:

SB11,33,22 230.08 (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, ethics and elections accountability and control 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.

SB11, s. 98 Section 98. 234.02 (3m) (c) of the statutes is amended to read:

SB11,34,2 234.02 (3m) (c) The authority shall, with the advice of the ethics and elections accountability and control 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.

SB11, s. 99 Section 99. 560.04 (2m) of the statutes is amended to read:

SB11,34,12 560.04 (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, ethics and elections accountability and control 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.

SB11, s. 100 Section 100. 778.135 of the statutes is amended to read:

SB11,34,23 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the ethics and elections accountability and control 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 state treasurer. 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.

SB11, s. 101 Section 101. 778.136 of the statutes is amended to read:

SB11,35,6 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics and elections accountability and control 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 public officials and employees under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer.

SB11, s. 102 Section 102. Nonstatutory provisions.

SB11,35,8 (1) Transfer of elections board.

SB11,35,11 (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 ethics and elections accountability and control board.

SB11,35,12 (b) Positions and employees.

SB11,35,15 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the ethics and elections accountability and control board.

SB11,35,18 2. All incumbent employees holding positions in the elections board are transferred on the effective date of this subdivision to the ethics and elections accountability and control board.

SB11,35,24 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 ethics and elections accountability and control 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.

SB11,36,3 (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 ethics and elections accountability and control board.

SB11,36,9 (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 ethics and elections accountability and control board. The ethics and elections accountability and control board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the ethics and elections accountability and control board to the extent allowed under the contract.

SB11,36,16 (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 ethics and elections accountability and control 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 ethics and elections accountability and control board.

SB11,36,21 (f) Pending matters. Any matter pending with the elections board on the effective date of this paragraph is transferred to the ethics and elections accountability and control 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 ethics and elections accountability and control board.

SB11,36,22 (2) Transfer of ethics board.

SB11,36,25 (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 ethics and elections accountability and control board.

SB11,37,1 (b) Positions and employees.

SB11,37,4 1. On the effective date of this subdivision, all full-time equivalent positions in the ethics board are transferred to the ethics and elections accountability and control board.

SB11,37,7 2. All incumbent employees holding positions in the ethics board are transferred on the effective date of this subdivision to the ethics and elections accountability and control board.

SB11,37,13 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 ethics and elections accountability and control 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.

SB11,37,16 (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 ethics and elections accountability and control board.

SB11,37,22 (d) Contracts. All contracts entered into by the ethics board remain in effect and are transferred to the ethics and elections accountability and control board. The ethics and elections accountability and control board shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the ethics and elections accountability and control board to the extent allowed under the contract.

SB11,38,3 (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 ethics and elections accountability and control 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 ethics and elections accountability and control board.

SB11,38,8 (f) Pending matters. Any matter pending with the ethics board on the effective date of this paragraph is transferred to the ethics and elections accountability and control 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 ethics and elections accountability and control board.

SB11,38,9 (3) Transition; initial terms.

SB11,38,13 (a) No later than the first day of the 3rd month beginning after the effective date of this paragraph, the supreme court shall appoint 8 persons to membership on the ethics and elections accountability and control board under section 15.61 (1) of the statutes, as affected by this act.

SB11,38,18 (b) Notwithstanding section 15.61, 2001 stats., section 15.62, 2001 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 at the time at which 8 members of the elections and ethics accountability and control board are appointed as provided in paragraph (a) and qualified to take office shall expire at that time.

SB11,38,21 (c) All members of the ethics and elections accountability and control board who are appointed as provided in paragraph (a ) and qualified to take office shall take office immediately upon expiration of the terms of office under paragraph (b).

SB11,38,23 (d) At its first meeting, the ethics and elections accountability and control board shall appoint a 9th member of the board.

SB11,38,25 (e) Notwithstanding section 15.61 (1) of the statutes, as affected by this act, and section 15.07 (1) (c) of the statutes:

SB11,39,3 1. Of the members who are initially appointed by the supreme court, the court shall designate 4 appointees to serve for terms of office expiring on May 1, 2007, and 4 appointees to serve for terms of office expiring on May 1, 2005.

SB11,39,5 2. The member who is initially appointed by the other members shall serve for a term of office expiring on May 1, 2007.

SB11,39,9 (4) Position authorizations. There is authorized for the ethics and elections accountability and control board 2.0 FTE GPR division administrator positions and 3.0 FTE GPR enforcement positions, to be funded from the appropriation under section 20.510 (1) (a) of the statutes, as affected by this act.

SB11, s. 103 Section 103. Appropriation changes.

SB11,39,15 (1) The unencumbered balance in the appropriation account under section 20.521 (1) (g) of the statutes is transferred to the appropriation account under section 20.510 (1) (i) of the statutes, as affected by this act, and the amount in the schedule for section 20.510 (1) (i) of the statutes in fiscal year 2002-03 is increased by the amount transferred.

SB11,39,20 (2) The unencumbered balance in the appropriation account under section 20.521 (1) (i) of the statutes is transferred to the appropriation account under section 20.510 (1) (h) of the statutes, as affected by this act, and the amount in the schedule for section 20.510 (1) (h) of the statutes in fiscal year 2002-03 is increased by the amount transferred.

SB11,39,21 (End)