AB388: Bill Text

AB388,101,22 (1) Ethics, campaign finance and lobbying regulation. (a) General program operations; general purpose revenue. The amounts in the schedule for general program operations under ch. 11, subch. III of ch. 13, and subch. III of ch. 19.

AB388,101,25 (be) Investigations. The amounts in the schedule for the purpose of financing the costs of investigations authorized by the commission of potential violations of ch. 11, subch. III of ch. 13, or subch. III of ch. 19.

AB388,102,2 (br) Special counsel. The amounts in the schedule for the compensation of special counsel appointed as provided in s. 19.49 (2) (b) 5.

AB388,102,7 (g) General program operations; program revenue. The amounts in the schedule for general program operations under ch. 11, subch. III of ch. 13, and subch. III of ch. 19. All moneys received from fees collected under s. 13.75 and all moneys received from fees imposed under s. 11.055 (1) shall be credited to this appropriation account.

AB388,102,11 (h) Gifts and grants. The amounts in the schedule to carry out the purposes, not inconsistent with the law, for which gifts, grants, and bequests to the commission are made. All moneys received by the commission from gifts, grants, and bequests shall be credited to this appropriation account.

AB388,102,18 (i) Materials and services. The amounts in the schedule for the cost of publishing documents, locating and copying records, postage and shipping, and conducting programs under s. 19.48 (9) and of compiling, disseminating, and making available information prepared by and filed with the commission under s. 19.48 (10). All moneys received by the commission from sales of documents, and from fees collected for copies of records, for postage, shipping, and location fees, and from fees assessed under s. 19.48 (9) and (10) shall be credited to this appropriation account.

AB388,228 Section 228. 20.923 (4) (f) 3j. of the statutes is repealed.

AB388,229 Section 229. 20.930 of the statutes is amended to read:

AB388,102,23 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 19.49 (2) (b) 6., 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.

AB388,230 Section 230. 20.9305 (2) (e) (intro.) of the statutes is amended to read:

AB388,103,3 20.9305 (2) (e) (intro.) The governor shall post on the Internet site maintained by the government accountability board ethics commission under s. 16.753 all of the following:

AB388,231 Section 231. 38.16 (3) (br) 3. of the statutes is amended to read:

AB388,103,12 38.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12. The district board 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 government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under this subsection may be exceeded by a specified amount. The limit otherwise applicable to the district under this subsection is increased by the amount approved by a majority of those voting on the question.

AB388,232 Section 232. 45.44 (1) (b) of the statutes is amended to read:

AB388,103,22 45.44 (1) (b) "Licensing agency" means the department of agriculture, trade and consumer protection; the department of children and families; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services and its examining boards and affiliated credentialing boards; the department of transportation; the department of workforce development; the board of commissioners of public lands; the government accountability board ethics commission; or the office of the commissioner of insurance.

AB388,233 Section 233. 49.165 (4) (a) of the statutes is amended to read:

AB388,104,3 49.165 (4) (a) The department shall certify to the government accountability board elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB388,234 Section 234. 59.605 (3) (a) 3. of the statutes is amended to read:

AB388,104,24 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 government accountability board elections commission 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)."

AB388,235 Section 235. 67.05 (3) (b) of the statutes is amended to read:

AB388,105,8 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 government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a).

AB388,236 Section 236. 67.05 (6) of the statutes is amended to read:

AB388,105,23 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 government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

AB388,237 Section 237. 73.0301 (1) (d) 13. of the statutes is amended to read:

AB388,106,2 73.0301 (1) (d) 13. A license issued by the government accountability board ethics commission under s. 13.63 (1).

AB388,238 Section 238. 73.0301 (1) (e) of the statutes is amended to read:

AB388,106,11 73.0301 (1) (e) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board ethics commission; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of safety and professional services; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

AB388,239 Section 239. 85.61 (1) of the statutes is amended to read:

AB388,106,21 85.61 (1) The secretary of transportation and the administrator of the elections division of the government accountability board commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the government accountability board commission 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 administrator of the elections division of the government accountability board commission to verify the accuracy of the information provided for the purpose of voter registration.

AB388,240 Section 240. 108.227 (1) (e) 13. of the statutes is amended to read:

AB388,106,24 108.227 (1) (e) 13. A license issued by the government accountability board ethics commission under s. 13.63 (1).

AB388,241 Section 241. 108.227 (1) (f) of the statutes is amended to read:

AB388,107,8 108.227 (1) (f) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board ethics commission; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

AB388,242 Section 242. 117.20 (2) of the statutes is amended to read:

AB388,107,20 117.20 (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 government accountability board elections commission 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 commission a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

AB388,243 Section 243. 117.27 (2) (b) (intro.) of the statutes is amended to read:

AB388,108,2 117.27 (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 government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

AB388,244 Section 244. 121.91 (3) (c) of the statutes is amended to read:

AB388,108,14 121.91 (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 government accountability board elections commission 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.

AB388,245 Section 245. 125.05 (1) (b) 10. of the statutes is amended to read:

AB388,108,18 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a).

AB388,246 Section 246. 165.25 (1) of the statutes is amended to read:

AB388,109,2 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (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. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB388,247 Section 247. 165.93 (4) (a) of the statutes is amended to read:

AB388,109,6 165.93 (4) (a) The department shall certify to the government accountability board elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB388,248 Section 248. 198.08 (10) of the statutes is amended to read:

AB388,109,19 198.08 (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 government accountability board elections commission 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.

AB388,249 Section 249. 200.09 (11) (am) 2. of the statutes is amended to read:

AB388,109,25 200.09 (11) (am) 2. No resolution passed under subd. 1. may authorize election of commissioners sooner than 6 months after the date of passage. The metropolitan sewerage district commission shall immediately notify the government accountability board elections commission under s. 5.05 upon passage of a resolution under subd. 1.

AB388,250 Section 250. 200.09 (11) (am) 3. of the statutes is amended to read:

AB388,110,7 200.09 (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 metropolitan sewerage district commission shall immediately notify the government accountability board elections commission under s. 5.05 upon passage of a resolution under this subdivision.

AB388,251 Section 251. 227.03 (6) of the statutes is amended to read:

AB388,110,10 227.03 (6) Orders of the government accountability board elections commission under s. 5.06 (6) are not subject to this chapter.

AB388,252 Section 252. 227.52 (6) of the statutes is amended to read:

AB388,110,13 227.52 (6) Decisions of the chairperson of the government accountability board elections commission or the chairperson's designee.

AB388,253 Section 253. 230.08 (2) (e) 4h. of the statutes is repealed.

AB388,254 Section 254. 230.08 (2) (eL) of the statutes is created to read:

AB388,110,17 230.08 (2) (eL) The administrator and assistant administrator of the elections commission.

AB388,255 Section 255. 230.08 (2) (et) of the statutes is created to read:

AB388,110,20 230.08 (2) (et) The administrator and assistant administrator of the ethics commission.

AB388,256 Section 256. 230.08 (2) (on) of the statutes is repealed.

AB388,257 Section 257. 230.08 (4) (a) of the statutes is amended to read:

AB388,111,8 230.08 (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, and any other managerial position determined by an appointing authority. 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 employment relations commission and 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.

AB388,258 Section 258. 234.02 (3m) (c) of the statutes is amended to read:

AB388,111,14 234.02 (3m) (c) The authority shall, with the advice of the government accountability board ethics commission, 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.

AB388,259 Section 259. 301.03 (20m) of the statutes is amended to read:

AB388,111,20 301.03 (20m) Transmit to the government accountability board elections commission, 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.

AB388,260 Section 260. 343.11 (2m) of the statutes is amended to read:

AB388,111,25 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the government accountability board elections commission 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.

AB388,261 Section 261. 756.04 (2) (c) 1. of the statutes is amended to read:

AB388,112,3 756.04 (2) (c) 1. A list of registered voters from the government accountability board elections commission.

AB388,262 Section 262. 758.19 (9) of the statutes is repealed.

AB388,263 Section 263. 778.135 of the statutes is amended to read:

AB388,112,12 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the government accountability board elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) 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 commission and deposited with the secretary of administration.

AB388,264 Section 264. 978.05 (1) of the statutes is amended to read:

AB388,113,3 978.05 (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 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 in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or s. 19.49 (2) (h) or this chapter or by referral of the government accountability board elections commission under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than a natural person an individual is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB388,265 Section 265. 978.05 (2) of the statutes is amended to read:

AB388,113,22 978.05 (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 elections commission and the ethics commission, 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 s. 19.49 (2) (g) or this chapter or by referral of the government accountability board elections commission under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than a natural person an individual is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB388,266 Section 266 . Nonstatutory provisions.

AB388,114,5 (1) Audit report recommendations. The elections commission and ethics commission, and their employees, shall, to the extent practicable within their respective responsibilities, implement the recommendations contained in the legislative audit bureau's Report 14-14 and Report 15-13 regarding the past performance of the government accountability board. The elections commission and ethics commission shall report their progress implementing those recommendations to the legislature no later than December 31, 2016.

AB388,114,9 (2) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the government accountability board are transferred to the elections commission and the ethics commission. The secretary of administration shall determine which assets and which liabilities are transferred to each commission.

AB388,114,10 (3) Positions and employees.

AB388,114,14 (a) On the effective date of this paragraph, all full-time equivalent positions of the government accountability board are transferred to the elections commission and the commission. The secretary of administration shall determine which full-time equivalent positions are transferred to each commission.

AB388,114,20 (b) All incumbent employees holding positions at the government accountability board on the effective date of this paragraph, except the incumbent employee holding the position of director and general counsel, are transferred on the effective date of this paragraph to the elections commission or the ethics commission. The secretary of administration shall determine which incumbent employees are transferred to each commission.

AB388,115,2 (c) Employees transferred under paragraph (b) have all the rights and the same status under subch. V of chapter 111 of the statutes at the elections commission or the ethics commission that they enjoyed at the government accountability 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.

AB388,115,7 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the government accountability board is transferred to the elections commission and the ethics commission. The secretary of administration shall determine which property is transferred to each commission.

AB388,115,14 (5) Contracts. All contracts entered into by the government accountability board that are in effect on the effective date of this subsection shall remain in effect and are transferred to the elections commission and the ethics commission. The secretary of administration shall determine which contracts are transferred to each commission. The elections commission and the ethics commission shall carry out all contractual obligations under each contract until the contract is modified or rescinded by that commission to the extent allowed under the contract.

AB388,115,21 (6) Rules, orders, and formal opinions. All rules promulgated and all formal opinions and orders issued by the government accountability board that are in effect on the effective date of this subsection are transferred to the elections commission and the ethics commission and shall remain in effect until the commission to which they are transferred amends or repeals a rule or order or changes or withdraws a formal opinion. The secretary of administration shall determine which rules, orders, and formal opinions are transferred to each commission.

AB388,116,3 (7) Pending matters. All matters pending with the government accountability board on the effective date of this subsection are transferred to the elections commission and the ethics commission, and all materials submitted to or actions taken by the government accountability board with respect to any pending matter are considered as having been submitted to or taken by the elections commission or the ethics commission. The secretary of administration shall determine which pending matters are transferred to each commission.