AB388: Bill Text

AB388,60,11 14.38 (10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the government accountability board elections commission records the approval under s. 7.70 (3) (h), notify the legislature that the amendment has been approved.

AB388,138 Section 138. 15.01 (2) of the statutes is amended to read:

AB388,60,22 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the elections commission which shall consist of at least 6 members, the ethics commission which shall consist of at least 6 members, and the parole commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06.

AB388,139 Section 139. 15.04 (1) (d) of the statutes is amended to read:

AB388,61,12 15.04 (1) (d) Biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the performance and operations of the department or independent agency during the preceding biennium, and projecting the goals and objectives of the department or independent agency as developed for the program budget report. The secretary of administration may prescribe the format of the report and may require such other information deemed appropriate. Each department or independent agency shall provide a copy of its biennial report to legislators upon request. Any department or independent agency may issue such additional reports on its findings and recommendations as its operations require. A department or independent agency may, on or before October 15, submit an annual report prepared by it, in place of the biennial report required under this paragraph, if the submission of the annual reports is approved by the secretary of administration or is otherwise required by law.

AB388,140 Section 140. 15.06 (1) (d) of the statutes is created to read:

AB388,61,15 15.06 (1) (d) Members of the elections commission shall be appointed and serve terms as provided under s. 15.61.

AB388,141 Section 141. 15.06 (1) (e) of the statutes is created to read:

AB388,61,18 15.06 (1) (e) Members of the ethics commission shall be appointed and serve terms as provided under s. 15.62.

AB388,142 Section 142. 15.06 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 15.06 (2) (a) and amended to read:

AB388,62,4 15.06 (2) (a) Each Except as provided in par. (b), each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission, other than the public service commission, and except as provided in par. (b), to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that the labor and industry review commission shall elect one of its members to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year.

AB388,143 Section 143. 15.06 (2) (b) of the statutes is created to read:

AB388,62,8 15.06 (2) (b) 1. The chairperson of the elections commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting each year.

AB388,62,11 2. The chairperson of the ethics commission shall be chosen by affirmative vote of at least two-thirds of the commission members at the commission's first meeting each year.

AB388,144 Section 144. 15.06 (3) (a) 5. of the statutes is created to read:

AB388,62,13 15.06 (3) (a) 5. Members of the elections commission.

AB388,145 Section 145. 15.06 (3) (a) 6. of the statutes is created to read:

AB388,62,15 15.06 (3) (a) 6. Members of the ethics commission.

AB388,146 Section 146. 15.06 (5) of the statutes is amended to read:

AB388,62,21 15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state. The elections commission and the ethics commission shall meet in person at least 4 times each year.

AB388,147 Section 147. 15.06 (6) of the statutes is amended to read:

AB388,63,2 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission, elections commission, or ethics commission.

AB388,148 Section 148. 15.06 (10) of the statutes is created to read:

AB388,63,7 15.06 (10) Compensation. Members of the elections commission and members of the ethics commission shall receive for each day they were actually and necessarily engaged in performing their duties a per diem equal to the amount prescribed under s. 753.075 (3) (a) for reserve judges sitting in circuit court.

AB388,149 Section 149. 15.07 (1) (a) 2. of the statutes is repealed.

AB388,150 Section 150. 15.07 (1) (cm) of the statutes is amended to read:

AB388,63,20 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

AB388,151 Section 151. 15.07 (2) (b) of the statutes is repealed.

AB388,152 Section 152. 15.07 (4) of the statutes is amended to read:

AB388,64,3 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board or the school district boundary appeal board as provided in ss. 5.05 (1e) and s. 117.05 (2) (a).

AB388,153 Section 153. 15.07 (5) (m) of the statutes is repealed.

AB388,154 Section 154. 15.60 (title) of the statutes is repealed.

AB388,155 Section 155. 15.60 (1) of the statutes is renumbered 15.61 (1) (a) (intro.) and amended to read:

AB388,64,10 15.61 (1) (a) (intro.) There is created a government accountability board an elections commission consisting of 6 persons. Members shall serve for 6-year terms. the following members who shall serve for 5-year terms:

AB388,156 Section 156. 15.60 (2) of the statutes is repealed.

AB388,157 Section 157. 15.60 (3) of the statutes is repealed.

AB388,158 Section 158. 15.60 (4) of the statutes is renumbered 15.61 (2) and amended to read:

AB388,64,17 15.61 (2) No member of the commission may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.

AB388,159 Section 159. 15.60 (5) of the statutes is repealed.

AB388,160 Section 160. 15.60 (6) of the statutes is renumbered 15.61 (3).

AB388,161 Section 161. 15.60 (7) of the statutes is repealed.

AB388,162 Section 162. 15.60 (8) of the statutes is renumbered 15.61 (4) and amended to read:

AB388,64,25 15.61 (4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit judge or court of appeals judge under s. 753.075.

AB388,163 Section 163. 15.603 (title) of the statutes is repealed.

AB388,164 Section 164. 15.603 (1) (title) of the statutes is repealed.

AB388,165 Section 165. 15.603 (1) of the statutes is renumbered 15.62 (1) (b) and amended to read:

AB388,65,15 15.62 (1) (b) There is created in the government accountability board an ethics and accountability division. The ethics and accountability division commission shall be under the direction and supervision of an administrator, who shall be appointed by a majority of the members of the board commission, with the advice and consent of the senate, to serve for a 4-year term expiring on July 1 of the odd-numbered year. Until the senate has confirmed an appointment made under this subsection, the ethics commission shall be under the direction and supervision of an interim administrator selected by a majority of the members of the commission. If a vacancy occurs in the administrator position, the commission shall appoint a new administrator, and submit the appointment for senate confirmation, no later than 45 days after the date of the vacancy.

AB388,166 Section 166. 15.603 (2) (title) of the statutes is repealed.

AB388,167 Section 167. 15.603 (2) of the statutes is renumbered 15.61 (1) (b) and amended to read:

AB388,66,4 15.61 (1) (b) There is created in the government accountability board an elections division. The elections division commission shall be under the direction and supervision of an administrator, who shall be appointed by a majority of the members of the board commission, with the advice and consent of the senate, to serve for a 4-year term expiring on July 1 of the odd-numbered year. Until the senate has confirmed an appointment made under this subsection, the elections commission shall be under the direction and supervision of an interim administrator selected by a majority of the members of the commission. If a vacancy occurs in the administrator position, the commission shall appoint a new administrator, and submit the appointment for senate confirmation, no later than 45 days after the date of the vacancy.

AB388,168 Section 168. 15.607 of the statutes is repealed.

AB388,169 Section 169. 15.61 (title) of the statutes is created to read:

AB388,66,7 15.61 (title) Elections commission; creation.

AB388,170 Section 170. 15.61 (1) (a) 1. to 6. of the statutes are created to read:

AB388,66,9 15.61 (1) (a) 1. One member appointed by the senate majority leader.

AB388,66,10 2. One member appointed by the senate minority leader.

AB388,66,11 3. One member appointed by the speaker of the assembly.

AB388,66,12 4. One member appointed by the assembly minority leader.

AB388,66,18 5. Two members who formerly served as county or municipal clerks and who are nominated by the governor, with the advice and consent of a majority of the members of the senate confirmed. The legislative leadership of the 2 recognized political parties that received the largest number of votes for president shall prepare a list of not more than 3 individuals such that each recognized political party has prepared one list. The governor shall choose one nominee from each list.

AB388,66,23 6. For each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party and with the advice and consent of a majority of the members of the senate confirmed.

AB388,171 Section 171. 15.61 (5) of the statutes is created to read:

AB388,67,3 15.61 (5) (a) If a vacancy occurs for a member appointed under sub. (1) (a) 1. to 4., the individual responsible for making the appointment shall appoint a new member no later than 45 days after the date of the vacancy.

AB388,67,6 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new member shall be selected, nominated, and submitted to the senate for confirmation no later than 45 days after the date of the vacancy.

AB388,172 Section 172. 15.62 of the statutes is created to read:

AB388,67,9 15.62 Ethics commission; creation. (1) (a) There is created an ethics commission consisting of the following members who shall serve for 5-year terms:

AB388,67,10 1. One member appointed by the senate majority leader.

AB388,67,11 2. One member appointed by the senate minority leader.

AB388,67,12 3. One member appointed by the speaker of the assembly.

AB388,67,13 4. One member appointed by the assembly minority leader.

AB388,67,19 5. Two members, nominated by the governor and with the advice and consent of a majority of the members of the senate confirmed. The legislative leadership of the 2 recognized political parties that received the largest number of votes for president shall prepare a list of not more than 3 individuals such that each recognized political party has prepared one list. The governor shall choose one nominee from each list.

AB388,67,24 6. For each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party and with the advice and consent of a majority of the members of the senate confirmed.

AB388,68,3 (2) No member of the commission may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.

AB388,68,5 (3) No member, while serving on the commission, may become a candidate, as defined in s. 11.01 (1), for state office or local office, as defined in s. 5.02.

AB388,68,8 (4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit judge or court of appeals judge under s. 753.075.

AB388,68,11 (5) (a) If a vacancy occurs for a member appointed under sub. (1) (a) 1. to 4., the individual responsible for making the appointment shall appoint a new member no later than 45 days after the date of the vacancy.

AB388,68,14 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new member shall be selected, nominated, and submitted to the senate for confirmation no later than 45 days after the date of the vacancy.

AB388,173 Section 173. 16.753 (2) of the statutes is amended to read:

AB388,68,21 16.753 (2) Except as otherwise expressly provided, each agency shall provide to the government accountability board ethics commission for posting on the Internet a list identifying each solicitation for bids or competitive sealed proposals and each proposed order or contract of the agency for which bids or competitive sealed proposals will not be solicited that involves a major expenditure, together with all information required under sub. (4).

AB388,174 Section 174. 16.79 (2) of the statutes is amended to read:

AB388,69,6 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the government accountability board elections commission. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The government accountability board elections commission shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

AB388,175 Section 175. 16.96 (3) (b) of the statutes is amended to read:

AB388,69,11 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the government accountability board elections commission.

AB388,176 Section 176. 16.973 (6) of the statutes is amended to read:

AB388,69,17 16.973 (6) With the advice of the government accountability board ethics commission, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

AB388,177 Section 177. 17.17 (1) of the statutes is amended to read:

AB388,69,22 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the government accountability board elections commission.

AB388,178 Section 178. 17.17 (4) of the statutes is amended to read:

AB388,70,3 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the government accountability board elections commission.

AB388,179 Section 179. 19.42 (3) of the statutes is repealed.