JR7 AB1: Bill Text

AB1, s. 157 Section 157. 20.521 (1) (g) of the statutes is repealed.

AB1, s. 158 Section 158. 20.521 (1) (h) of the statutes is renumbered 20.511 (1) (jm) and amended to read:

AB1,61,19 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.

AB1, s. 159 Section 159. 20.521 (1) (i) of the statutes is repealed.

AB1, s. 160 Section 160. 20.923 (4) (d) 3. of the statutes is repealed.

AB1, s. 161 Section 161. 20.923 (4) (d) 4. of the statutes is repealed.

AB1, s. 162 Section 162. 20.923 (4) (f) 3j. of the statutes is created to read:

AB1,61,24 20.923 (4) (f) 3j. Government accountability board: legal counsel.

AB1, s. 163 Section 163. 20.930 of the statutes is amended to read:

AB1,62,3 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.

AB1, s. 164 Section 164. 46.95 (4) of the statutes is amended to read:

AB1,62,8 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).

AB1, s. 165 Section 165. 59.605 (3) (a) 3. of the statutes is amended to read:

AB1,63,3 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)."

AB1, s. 166 Section 166. 67.05 (3) (b) of the statutes is amended to read:

AB1,63,12 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).

AB1, s. 167 Section 167. 67.05 (6) of the statutes is amended to read:

AB1,64,2 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.

AB1, s. 168 Section 168. 71.10 (3) (b) of the statutes is amended to read:

AB1,64,12 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.

AB1, s. 169 Section 169. 73.0301 (1) (d) 13. of the statutes is amended to read:

AB1,64,15 73.0301 (1) (d) 13. A license issued by the ethics government accountability board under s. 13.63 (1).

AB1, s. 170 Section 170. 73.0301 (1) (e) of the statutes is amended to read:

AB1,64,23 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.

AB1, s. 171 Section 171. 85.61 (1) of the statutes is amended to read:

AB1,65,10 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.

AB1, s. 172 Section 172. 117.20 (2) of the statutes is amended to read:

AB1,65,22 117.20 (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.

AB1, s. 173 Section 173. 117.27 (2) (b) (intro.) of the statutes is amended to read:

AB1,66,3 117.27 (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:

AB1, s. 174 Section 174. 121.91 (3) (c) of the statutes is amended to read:

AB1,66,15 121.91 (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.

AB1, s. 175 Section 175. 125.05 (1) (b) 10. of the statutes is amended to read:

AB1,66,19 125.05 (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).

AB1, s. 176 Section 176. 165.25 (1) of the statutes is amended to read:

AB1,67,8 165.25 (1) Represent state. 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 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).

AB1, s. 177 Section 177. 165.93 (4) of the statutes is amended to read:

AB1,67,13 165.93 (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).

AB1, s. 178 Section 178. 198.08 (10) of the statutes is amended to read:

AB1,67,25 198.08 (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.

AB1, s. 179 Section 179. 200.09 (11) (am) 2. and 3. of the statutes are amended to read:

AB1,68,5 200.09 (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.

AB1,68,10 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.

AB1, s. 180 Section 180. 227.03 (6) of the statutes is amended to read:

AB1,68,13 227.03 (6) Orders of the elections government accountability board under s. 5.06 (6) are not subject to this chapter.

AB1, s. 181 Section 181. 227.45 (1) of the statutes is amended to read:

AB1,68,23 227.45 (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.

AB1, s. 182 Section 182. 227.46 (1) (intro.) of the statutes is amended to read:

AB1,69,5 227.46 (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:

AB1, s. 183 Section 183. 227.52 (6) of the statutes is amended to read:

AB1,69,8 227.52 (6) Decisions of the chairperson of the elections government accountability board or the chairperson's designee.

AB1, s. 184 Section 184. 230.08 (2) (e) 4h. of the statutes is created to read:

AB1,69,10 230.08 (2) (e) 4h. Government accountability board — 2.

AB1, s. 185 Section 185. 230.08 (2) (om) of the statutes is repealed.

AB1, s. 186 Section 186. 230.08 (2) (on) of the statutes is created to read:

AB1,69,13 230.08 (2) (on) The legal counsel to the government accountability board.

AB1, s. 187 Section 187. 230.08 (2) (wm) of the statutes is repealed.

AB1, s. 188 Section 188. 230.08 (4) (a) of the statutes is amended to read:

AB1,69,24 230.08 (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.

AB1, s. 189 Section 189. 234.02 (3m) (c) of the statutes is amended to read:

AB1,70,4 234.02 (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.

AB1, s. 190 Section 190. 301.03 (20m) of the statutes is amended to read:

AB1,70,10 301.03 (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.

AB1, s. 191 Section 191. 343.11 (2m) of the statutes is amended to read:

AB1,70,15 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections government accountability board of the person's name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

AB1, s. 192 Section 192. 560.04 (2m) of the statutes is amended to read:

AB1,70,25 560.04 (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 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.

AB1, s. 193 Section 193. 758.19 (9) of the statutes is created to read:

AB1,71,8 758.19 (9) If a court of appeals judge is appointed to serve as a member of the governmental accountability candidate committee and the judge has good cause for declining to serve, the director of state courts shall accept from the judge a written communication setting forth the reasons why the judge cannot or should not serve and the judge shall then be excused from service. Upon receipt of the communication, the director shall notify the chief justice and the vacancy shall then be filled as provided in ss. 15.60 (2) and 17.20 (1).

AB1, s. 194 Section 194. 778.135 of the statutes is amended to read:

AB1,71,20 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections government accountability 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.

AB1, s. 195 Section 195. 778.136 of the statutes is repealed.

AB1, s. 196 Section 196. 801.50 (5t) of the statutes is created to read:

AB1,72,6 801.50 (5t) Except as otherwise provided in s. 801.52, venue in a civil action to impose a forfeiture upon a resident of this state for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, shall be in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB1, s. 197 Section 197. 801.52 of the statutes is amended to read:

AB1,72,17 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.

AB1, s. 198 Section 198. 971.19 (12) of the statutes is created to read:

AB1,73,2 971.19 (12) In an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under subch. 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. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

AB1, s. 199 Section 199. 978.05 (1) and (2) of the statutes are amended to read:

AB1,73,17 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit and have sole responsibility for prosecution of all criminal actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves election, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or this chapter or by referral of the government accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes of this subsection, a person other than a natural person is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB1,74,8 (2) Forfeitures. Except as otherwise provided by law, prosecute all state forfeiture actions, county traffic actions and actions concerning violations of county ordinances which are in conformity with state criminal laws in the courts within his or her prosecutorial unit and have joint responsibility, together with the government accountability board, for prosecution of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur within his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (h) or this chapter or by referral of the government accountability board under s. 5.05 (2m) (c) 15. or 16. For purposes of this subsection, a person other than a natural person is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB1, s. 200 Section 200 . Nonstatutory provisions.

AB1,74,10 (1) Transfer of elections board.

AB1,74,13 (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.

AB1,74,14 (b) Positions and employees.

AB1,74,16 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board are transferred to the government accountability board.

AB1,74,20 2. All incumbent employees holding positions in the elections board on the effective date of this subdivision, except the incumbent employee holding the position of executive director, are transferred on the effective date of this subdivision to the government accountability board.

AB1,75,2 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 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.

AB1,75,5 (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.