AB126: Bill Text

AB126,94,20 117.27 (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 board division under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

AB126, s. 218 Section 218. 121.91 (3) (c) of the statutes is amended to read:

AB126,95,6 121.91 (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 board division 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.

AB126, s. 219 Section 219. 125.05 (1) (b) 10. of the statutes is amended to read:

AB126,95,9 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the elections board division under ss. 5.64 (2) and 7.08 (1) (a).

AB126, s. 220 Section 220. 165.93 (4) of the statutes is amended to read:

AB126,95,13 165.93 (4) List of eligible organizations. The department shall certify to the elections board division, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB126, s. 221 Section 221. 198.08 (10) of the statutes is amended to read:

AB126,95,25 198.08 (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 board division 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.

AB126, s. 222 Section 222. 200.09 (11) (am) 2. of the statutes is amended to read:

AB126,96,5 200.09 (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 board division under s. 5.05 upon passage of a resolution under subd. 1.

AB126, s. 223 Section 223. 200.09 (11) (am) 3. of the statutes is amended to read:

AB126,96,11 200.09 (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 board division under s. 5.05 upon passage of a resolution under this subdivision.

AB126, s. 224 Section 224. 227.03 (6) of the statutes is amended to read:

AB126,96,14 227.03 (6) Orders of the elections board division under s. 5.06 (6) are not subject to this chapter.

AB126, s. 225 Section 225. 227.52 (6) of the statutes is amended to read:

AB126,96,18 227.52 (6) Decisions of the chairperson of the elections board or the administrator of the elections division or the chairperson's or the administrator's designee.

AB126, s. 226 Section 226. 230.08 (2) (e) 8d. of the statutes is created to read:

AB126,96,20 230.08 (2) (e) 8d. Office of the secretary of state — 1.

AB126, s. 227 Section 227. 301.03 (20m) of the statutes is amended to read:

AB126,97,2 301.03 (20m) Transmit to the elections board division, 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.

AB126, s. 228 Section 228. 343.11 (2m) of the statutes is amended to read:

AB126,97,7 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections board division 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.

AB126, s. 229 Section 229. 560.04 (2m) of the statutes is amended to read:

AB126,97,17 560.04 (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 board division, 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.

AB126, s. 230 Section 230 . Nonstatutory provisions.

AB126,97,19 (1) Transfer of certain elections board functions.

AB126,97,22 (a) Definitions. In this subsection, "elections division" means the elections division attached to the office of the secretary of state under section 14.37 of the statutes, as created by this act.

AB126,98,2 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the elections board, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, shall become the assets and liabilities of the elections division.

AB126,98,3 (c) Positions and employees.

AB126,98,7 1. On the effective date of this subdivision, all full-time equivalent positions in the elections board, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, are transferred to the elections division.

AB126,98,13 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, other than those relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the elections division.

AB126,98,19 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 in the elections division 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.

AB126,98,24 (d) Tangible personal property; records. On the effective date of this paragraph, all tangible personal property, including records, of the elections board, other than tangible personal property relating to the administration and enforcement of chapter 11 of the statutes, as determined by the secretary of administration, is transferred to the elections division.

AB126,99,6 (e) Contracts. All contracts entered into by the elections board in effect on the effective date of this paragraph that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, remain in effect and are transferred to the elections division. The elections division shall carry out any contractual obligations under any such contract until the contract is modified or rescinded by the elections division to the extent allowed under the contract.

AB126,99,17 (f) Rules, orders, and opinions. All rules promulgated by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the elections division. All orders issued by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the elections division. All opinions issued by the elections board that relate to the administration and enforcement of chapters 5 to 10 and 12 of the statutes, and that are in effect on the effective date of this paragraph remain in effect until withdrawn or modified by the elections division.

AB126,99,23 (g) Pending matters. Any matter pending with the elections board on the effective date of this paragraph that relates to the administration and enforcement of chapters 5 to 10 or 12 of the statutes is transferred to the elections division, 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 elections division.

AB126,99,24 (2) Reconciliation.

AB126,100,11 (a) If 2007 Wisconsin Act .... (January 2007 Special Session Assembly Bill 1) or 2007 Wisconsin Act .... (January 2007 Special Session Senate Bill 1), relating to creation of a Government Accountability Board, enforcement of elections, ethics, and lobbying regulation laws, venue for prosecution of certain offenses, granting rule-making authority, making appropriations, and providing penalties, is enacted into law, notwithstanding any provision of that act to the contrary, that act is superceded by this act to the extent required, and only to the extent required, to effect the transfer of state elections administration functions to the elections division of the office of the secretary of state, as created by this act. The elections division may exercise all of the powers and shall carry out all of the duties of the government accountability board under that act with respect to state elections administration.

AB126,100,18 (b) No later than the 61st day beginning after the date of publication of this act or the date of publication of the act resulting from enactment of January 2007 Special Session Assembly Bill 1 or January 2007 Special Session Senate Bill 1, whichever is later, the elections division of the office of secretary of state, as created by this act, shall submit to the appropriate standing committees of the legislature, in the same manner as provided in section 13.172 (3) of the statutes, a proposal to amend the statutes to make all changes that may be required to give full effect to paragraph (a).

AB126, s. 231 Section 231. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB126,100,21 (1) Section 230 (2 ) of this act takes effect on the day after publication.

AB126,100,22 (End)