SB887,27
15Section 27
. 6.88 (1) of the statutes is amended to read:
SB887,31,616
6.88
(1) When an absentee ballot arrives at the office of the municipal clerk,
17or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
18unopened, in a carrier envelope which shall be securely sealed and endorsed with the
19name and official title of the clerk, and the words “This envelope contains the ballot
20of an absent elector and must be opened in the same room where votes are being cast
21at the polls during polling hours on election day or, in municipalities where absentee
22ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
23absentee ballot canvassers under s. 7.52, stats."
. If the elector is a military elector,
24as defined in s. 6.34 (1)
(a), or an overseas elector,
as defined in s. 6.34 (1) (b) 25regardless of whether the elector qualifies as a resident of this state under s. 6.10,
1and the ballot was received by the elector by facsimile transmission or electronic mail
2and is accompanied by a separate certificate, the clerk shall enclose the ballot in a
3certificate envelope and securely append the completed certificate to the outside of
4the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
5the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
6required in sub. (2).
SB887,28
7Section 28
. 6.97 (1) of the statutes is amended to read:
SB887,32,138
6.97
(1) Whenever any individual who is required to provide proof of residence
9under s. 6.34 in order to be permitted to vote appears to vote at a polling place and
10cannot provide the required proof of residence, the inspectors shall offer the
11opportunity for the individual to vote under this section. Whenever any individual,
12other than a military elector, as defined in s. 6.34 (1)
(a), or, an overseas elector,
as
13defined in s. 6.34 (1) (b), or an elector who has a confidential listing under s. 6.47 (2),
14appears to vote at a polling place and does not present proof of identification under
15s. 6.79 (2), whenever required, the inspectors or the municipal clerk shall similarly
16offer the opportunity for the individual to vote under this section. If the individual
17wishes to vote, the inspectors shall provide the elector with an envelope marked
18“Ballot under s. 6.97, stats." on which the serial number of the elector is entered and
19shall require the individual to execute on the envelope a written affirmation stating
20that the individual is a qualified elector of the ward or election district where he or
21she offers to vote and is eligible to vote in the election. The inspectors shall, before
22giving the elector a ballot, write on the back of the ballot the serial number of the
23individual corresponding to the number kept at the election on the poll list or other
24list maintained under s. 6.79 and the notation “s. 6.97". If voting machines are used
25in the municipality where the individual is voting, the individual's vote may be
1received only upon an absentee ballot furnished by the municipal clerk which shall
2have the corresponding number from the poll list or other list maintained under s.
36.79 and the notation “s. 6.97" written on the back of the ballot by the inspectors
4before the ballot is given to the elector. When receiving the individual's ballot, the
5inspectors shall provide the individual with written voting information prescribed
6by the commission under s. 7.08 (8). The inspectors shall indicate on the list the fact
7that the individual is required to provide proof of residence or proof of identification
8under s. 6.79 (2) but did not do so. The inspectors shall notify the individual that he
9or she may provide proof of residence or proof of identification to the municipal clerk
10or executive director of the municipal board of election commissioners. The
11inspectors shall also promptly notify the municipal clerk or executive director of the
12name, address, and serial number of the individual. The inspectors shall then place
13the ballot inside the envelope and place the envelope in a separate carrier envelope.
SB887,29
14Section
29. 7.08 (2) (d) of the statutes is amended to read:
SB887,32,1915
7.08
(2) (d) As soon as possible after
the last Tuesday in January December 15 16of each year
preceding the year in which there is a presidential election, the
17commission shall transmit to each county clerk a certified list of candidates for
18president who have qualified to have their names appear on the presidential
19preference primary ballot.
SB887,30
20Section 30
. 7.15 (1) (cm) of the statutes is amended to read:
SB887,33,1021
7.15
(1) (cm) Prepare official absentee ballots for delivery to electors requesting
22them, and except as provided in this paragraph, send an official absentee ballot to
23each elector who has requested a ballot by mail, and to each military elector, as
24defined in s. 6.34 (1)
(a), and overseas elector
, as defined in s. 6.34 (1) (b), who has
25requested a ballot by mail, electronic mail, or facsimile transmission
, no later than
1the 47th day before each partisan primary and general election and no later than the
221st day before each other primary and election if the request is made before that
3day; otherwise, the municipal clerk shall send or transmit an official absentee ballot
4within one business day of the time the elector's request for such a ballot is received.
5The clerk shall send or transmit an absentee ballot for the presidential preference
6primary to each elector who has requested that ballot no later than the 47th day
7before the presidential preference primary if the request is made before that day, or,
8if the request is not made before that day, within one business day of the time the
9request is received. For purposes of this paragraph, “business day" means any day
10from Monday to Friday, not including a legal holiday under s. 995.20.
SB887,31
11Section 31
. 7.15 (1) (j) of the statutes is amended to read:
SB887,33,1512
7.15
(1) (j) Send an absentee ballot automatically to each elector and send or
13transmit an absentee ballot to each military elector, as defined in s. 6.34 (1)
(a), and
14each overseas elector
, as defined in s. 6.34 (1) (b), making an authorized request
15therefor in accordance with s. 6.22 (4), 6.24 (4)
(c), or 6.86 (2) or (2m).
SB887,32
16Section
32. 8.12 (1) of the statutes is amended to read:
SB887,33,2517
8.12
(1) Selection of names for ballot. (a) No later than 5 p.m. on
the 2nd
18Tuesday in December November 15 of the year before each year in which electors for
19president and vice president are to be elected, the state chairperson of each
20recognized political party listed on the official ballot at the last gubernatorial election
21whose candidate for governor received at least 10 percent of the total votes cast for
22that office may certify to the commission that the party will participate in the
23presidential preference primary. For each party filing such a certification, the voters
24of this state shall at the spring election be given an opportunity to express their
25preference for the person to be the presidential candidate of that party.
SB887,34,19
1(b)
On the first Tuesday in January
No later than December 1 of each year
, or
2the next day if Tuesday is a holiday, preceding the year in which electors for president
3and vice president are to be elected, there shall be convened in the capitol a
4committee consisting of, for each party filing a certification under this subsection,
5the state chairperson of that state party organization or the chairperson's designee,
6one national committeeman and one national committeewoman designated by the
7state chairperson; the speaker and the minority leader of the assembly or their
8designees, and the president and the minority leader of the senate or their designees.
9All designations shall be made in writing to the commission. This committee shall
10organize by selecting an additional member who shall be the chairperson and shall
11determine, and certify to the commission, no later than on the Friday following the
12date on which the committee convenes under this paragraph, the names of all
13candidates of the political parties represented on the committee for the office of
14president of the United States. The committee shall place the names of all
15candidates whose candidacy is generally advocated or recognized in the national
16news media throughout the United States on the ballot, and may, in addition, place
17the names of other candidates on the ballot. The committee shall have sole discretion
18to determine that a candidacy is generally advocated or recognized in the national
19news media throughout the United States.
SB887,35,720
(c) No later than 5 p.m. on
the last Tuesday in January December 15 of each
21year preceding a presidential election year, any person seeking the nomination by
22the national convention of a political party filing a certification under this subsection
23for the office of president of the United States, or any committee organized in this
24state on behalf of and with the consent of such person, may submit to the commission
25a petition to have the person's name appear on the presidential preference ballot.
1The petition may be circulated no sooner than
the first Tuesday in January of such
2year, or the next day if Tuesday is a holiday, December 1 of the year preceding the
3presidential election year and shall be signed by a number of qualified electors equal
4in each congressional district to not less than 1,000 signatures nor more than 1,500
5signatures. The form of the petition shall conform to the requirements of s. 8.40. All
6signers on each separate petition paper shall reside in the same congressional
7district.
SB887,35,168
(d) The commission shall forthwith contact each person whose name has been
9placed in nomination under par. (b) and notify him or her that his or her name will
10appear on the Wisconsin presidential preference
primary ballot unless he or she files,
11no later than 5 p.m. on
the last Tuesday in January of such year December 15 of the
12year preceding a presidential election year, with the commission, a disclaimer
13stating without qualification that he or she is not and does not intend to become a
14candidate for the office of president of the United States at the forthcoming
15presidential election. The disclaimer may be filed with the commission by certified
16mail, telegram, or in person.
SB887,33
17Section
33. 8.12 (3) of the statutes is amended to read:
SB887,35,2118
8.12
(3) Reporting of results. No later than
May 15 March 31 following the
19presidential preference primary, the commission shall notify each state party
20organization chairperson under sub. (1) (b) of the results of the presidential
21preference primary within the state and within each congressional district.
SB887,34
22Section 34
. 10.02 (3) (b) 3. of the statutes is amended to read:
SB887,36,323
10.02
(3) (b) 3. When casting a presidential preference
primary vote, the elector
24shall select the party ballot of his or her choice and make a cross (X) next to or depress
25the button or lever next to the candidate's name for whom he or she intends to vote
1or shall, in the alternative, make a cross (X) next to or depress the button or lever next
2to the words “Uninstructed delegation", or shall write in the name of his or her choice
3for a candidate.
SB887,35
4Section
35. 10.06 (2) (d) of the statutes is amended to read:
SB887,36,85
10.06
(2) (d) On the Monday preceding the spring primary, when held, the
6county clerk shall publish a type B notice.
In a year in which the presidential
7preference primary is held, the county clerk shall also publish notice of the
8presidential preference primary.
SB887,36
9Section
36. 10.06 (2) (g) of the statutes is amended to read:
SB887,36,1510
10.06
(2) (g) On the Monday preceding the spring election, the county clerk
11shall publish a type B notice containing the same information prescribed in par. (a).
12In a year in which the presidential preference primary is held, the county clerk shall
13also publish notice of the presidential preference primary. In addition, the county
14clerk shall publish a type C notice on the Monday preceding the spring election for
15all state and county referenda to be voted upon by electors of the county.
SB887,37
16Section
37. 11.0101 (32) of the statutes is amended to read:
SB887,36,2117
11.0101
(32) “Spring election" means the election held on the first Tuesday in
18April to elect judicial, educational, and municipal officers,
and nonpartisan county
19officers and sewerage commissioners
, and to express preferences for the person to be
20the presidential candidate for each political party in a year in which electors for
21president and vice president are to be elected.
SB887,38
22Section
38. 13.103 of the statutes is created to read:
SB887,36,24
2313.103 Joint committee on finance; state operations expenditures
24report. (1) In this section:
SB887,37,3
1(a) “State agency” means any office, department, or independent agency in the
2executive branch of state government, other than the Board of Regents of the
3University of Wisconsin System.
SB887,37,54
(b) “State operations” means all purposes except aids to individuals and
5organizations and local assistance.
SB887,37,11
6(2) Quarterly, beginning in April 2019, each state agency shall submit a report
7to the joint committee on finance listing all state agency expenditures for state
8operations in the preceding calendar quarter. The report shall specifically detail all
9expenditures for administrative supplies and services that are made at the
10discretion of or to be used by heads of state agencies, secretaries, deputy secretaries,
11assistant deputy secretaries, and executive assistants.
SB887,39
12Section
39. 13.124 of the statutes is created to read:
SB887,37,19
1313.124 Legal representation. (1) (a) The speaker of the assembly, in his or
14her sole discretion, may authorize a representative to the assembly or assembly
15employee who requires legal representation to obtain legal counsel other than from
16the department of justice, with the cost of representation paid from the appropriation
17under s. 20.765 (1) (a), if the acts or allegations underlying the action are arguably
18within the scope of the representative's or employee's duties. The speaker shall
19approve all financial costs and terms of representation.
SB887,37,2520
(b) The speaker of the assembly, in his or her sole discretion, may obtain legal
21counsel other than from the department of justice, with the cost of representation
22paid from the appropriation under s. 20.765 (1) (a), in any action in which the
23assembly is a party or in which the interests of the assembly are affected, as
24determined by the speaker. The speaker shall approve all financial costs and terms
25of representation.
SB887,38,7
1(2) (a) The senate majority leader, in his or her sole discretion, may authorize
2a senator or senate employee who requires legal representation to obtain legal
3counsel other than from the department of justice, with the cost of representation
4paid from the appropriation under s. 20.765 (1) (b), if the acts or allegations
5underlying the action are arguably within the scope of the senator's or employee's
6duties. The senate majority leader shall approve all financial costs and terms of
7representation.
SB887,38,138
(b) The senate majority leader, in his or her sole discretion, may obtain legal
9counsel other than from the department of justice, with the cost of representation
10paid from the appropriation under s. 20.765 (1) (b), in any action in which the senate
11is a party or in which the interests of the senate are affected, as determined by the
12senate majority leader. The senate majority leader shall approve all financial costs
13and terms of representation.
SB887,38,21
14(3) (a) The cochairpersons of the joint committee on legislative organization,
15in their sole discretion, may authorize an employee of a legislative service agency, as
16defined in s. 13.90 (1m) (a), who requires legal representation to obtain legal counsel
17other than from the department of justice, with the cost of representation paid from
18the appropriation under s. 20.765 (1) (a) or (b), as determined by the cochairpersons,
19if the acts or allegations underlying the action are arguably within the scope of the
20employee's duties. The cochairpersons shall approve all financial costs and terms of
21representation.
SB887,39,322
(b) The cochairpersons of the joint committee on legislative organization, in
23their sole discretion, may obtain legal counsel other than from the department of
24justice, with the cost of representation paid from the appropriation under s. 20.765
25(1) (a) or (b), as determined by the cochairpersons, in any action in which the
1legislature is a party or in which the interests of the legislature are affected, as
2determined by the cochairpersons. The cochairpersons shall approve all financial
3costs and terms of representation.
SB887,40
4Section
40. 13.127 of the statutes is created to read:
SB887,39,10
513.127 Advice and consent of the senate. Any individual nominated by the
6governor or another state officer or agency, and with the advice and consent of the
7senate appointed, to any office or position may not hold the office or position, be
8nominated again for the office or position, or perform any duties of the office or
9position during the legislative session biennium if the individual's confirmation for
10the office or position is rejected by the senate.
SB887,41
11Section
41. 13.365 of the statutes is created to read:
SB887,39,15
1213.365 Intervention. Pursuant to s. 803.09 (2m), when a party to an action
13challenges in state or federal court the constitutionality of a statute, facially or as
14applied, or challenges a statute as violating or preempted by federal law, as part of
15a claim or affirmative defense:
SB887,39,20
16(1) The committee on assembly organization may intervene at any time in the
17action on behalf of the assembly. The committee on assembly organization may
18obtain legal counsel other than from the department of justice, with the cost of
19representation paid from the appropriation under s. 20.765 (1) (a), to represent the
20assembly in any action in which the assembly intervenes.
SB887,39,25
21(2) The committee on senate organization may intervene at any time in the
22action on behalf of the senate. The committee on senate organization may obtain
23legal counsel other than from the department of justice, with the cost of
24representation paid from the appropriation under s. 20.765 (1) (b), to represent the
25senate in any action in which the senate intervenes.
SB887,40,6
1(3) The joint committee on legislative organization may intervene at any time
2in the action on behalf of the state. The joint committee on legislative organization
3may obtain legal counsel other than from the department of justice, with the cost of
4representation paid from the appropriation under s. 20.765 (1) (a) or (b), as
5determined by the cochairpersons, to represent the state in any action in which the
6joint committee on legislative organization intervenes.
SB887,42
7Section 42
. 13.48 (24m) of the statutes is created to read:
SB887,40,118
13.48
(24m) Repayment of principal on short-term commercial paper. (a)
9Definition. In this subsection, “commercial paper program" means a program
10authorized by the building commission for the issuance of short-term, general
11obligation debt in lieu of long-term, general obligation debt.
SB887,40,1712
(b)
Amortization schedule required. For each commercial paper program, the
13building commission shall establish an amortization schedule for the repayment of
14principal on debt issued under the program so that a portion of the principal amount
15of each debt is retired annually over the life of the improvement or asset to which the
16debt is related. The commission shall provide each amortization schedule
17established under this paragraph to the joint committee on finance.
SB887,40,1918
(c)
Schedule modification. An amortization schedule established under par. (b)
19may not be modified except as follows:
SB887,40,2320
1. Before the building commission modifies the amortization schedule, the
21commission shall notify the joint committee on finance in writing of the commission's
22intention to modify the amortization schedule. The notice shall describe each
23modification and the reasons for making the modification.
SB887,41,624
2. If, within 14 working days after the date of the building commission's notice
25under subd. 1., the cochairpersons of the joint committee on finance do not notify the
1commission that the committee has scheduled a meeting to review the commission's
2proposal, the commission may make each modification as proposed in the notice. If,
3within 14 working days after the date of the commission's notice under subd. 1., the
4cochairpersons of the committee notify the commission that the committee has
5scheduled a meeting to review the commission's proposal, the commission may make
6each proposed modification only upon approval of the committee.
SB887,43
7Section 43
. 13.56 (2) of the statutes is amended to read:
SB887,41,168
13.56
(2) Participation in certain proceedings. The cochairpersons of the joint
9committee for review of administrative rules or their designated agents shall accept
10service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that
11the legislature should be represented in the proceeding, it shall request the joint
12committee on legislative organization to
designate the legislature's representative
13for intervene in the proceeding
as provided under s. 806.04 (11). The costs of
14participation in the proceeding shall be paid equally from the appropriations under
15s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice
16shall be paid from the appropriation under s. 20.455 (1) (d).
SB887,44
17Section 44
. 13.90 (2) of the statutes is amended to read:
SB887,42,1118
13.90
(2) The cochairpersons of the joint committee on legislative organization
19or their designated agent shall accept service made under
s. ss. 806.04 (11)
and
20893.825 (2). If the committee, the senate organization committee
, or the assembly
21organization committee
, determines that the legislature should
be represented 22intervene in the proceeding
, that committee shall designate the legislature's
23representative for the proceeding. as provided under s. 803.09 (2m), the assembly
24shall represent the assembly, the senate shall represent the senate, and the joint
25committee on legislative organization shall represent the state. In an action
1involving the constitutionality of a statute, or challenging a statute as violating or
2preempted by federal law, if the joint committee on legislative organization
3determines at any time that the interests of the state will be best represented by
4special counsel appointed by the legislature, it shall appoint special counsel to
5represent state defendants and act instead of the attorney general and the attorney
6general may not participate in the action. Special counsel appointed under this
7subsection shall have the powers of the attorney general with respect to the litigation
8to which special counsel has been appointed. The costs of participation in the
9proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and
10(b), except that such costs incurred by the department of justice shall be paid from
11the appropriation under s. 20.455 (1) (d).
SB887,45
12Section 45
. 13.90 (3) of the statutes is renumbered 13.90 (3) (c) and amended
13to read:
SB887,42,2014
13.90
(3) (c) The joint committee on legislative organization shall assign office
15space for legislative offices and the offices of the legislative service agencies
as
16defined in sub. (1m). The joint committee may assign any space in the capitol not
17reserved for other uses under s. 16.835. Except as provided in ss. 13.09 (6) and 13.45
18(4) (c), the joint committee may locate any legislative office or the office of any
19legislative service agency outside the capitol at another suitable building in the city
20of Madison.
SB887,46
21Section 46
. 13.90 (3) (a) and (b) of the statutes are created to read:
SB887,42,2322
13.90
(3) (a) In this subsection, “legislative service agency” has the meaning
23given in sub. (1m).
SB887,43,3
1(b) The cochairpersons of the joint committee on legislative organization shall
2lease or acquire office space for legislative offices or legislative service agencies under
3par. (c).
SB887,47
4Section
47. 13.91 (1) (c) of the statutes is amended to read:
SB887,43,75
13.91
(1) (c) Perform the functions prescribed in
s. 227.15 for the review and
6resolution of problems ch. 227 relating to administrative rules
and guidance
7documents.
SB887,48
8Section
48. 15.07 (1) (b) 24. of the statutes is created to read:
SB887,43,109
15.07
(1) (b) 24. The 6 members of the group insurance board appointed under
10s. 15.165 (2) (j).
SB887,49
11Section 49
. 15.165 (2) of the statutes is renumbered 15.165 (2) (intro) and
12amended to read:
SB887,43,1513
15.165
(2) Group insurance board. (intro.) There is created in the department
14of employee trust funds a group insurance board. The board shall consist of the
15following members:
SB887,43,16
16(a) The governor
, the or his or her designee.
SB887,43,17
17(b) The attorney general
, the
or his or her designee.
SB887,43,19
18(c) The secretary of administration
, the director of the office of state
19employment relations, and the or his or her designee.
SB887,43,20
20(e) The commissioner of insurance or
their designees, and 6 his or her designee.
SB887,44,2
21(j) Six persons appointed for 2-year terms, of whom one shall be an insured
22participant in the Wisconsin Retirement System who is not a teacher, one shall be
23an insured participant in the Wisconsin Retirement System who is a teacher, one
24shall be an insured participant in the Wisconsin Retirement System who is a retired
25employee, one shall be an insured employee of a local unit of government, and one
1shall be the chief executive or a member of the governing body of a local unit of
2government that is a participating employer in the Wisconsin Retirement System.
SB887,50
3Section 50
. 15.165 (2) (d) and (f) to (i) of the statutes are created to read:
SB887,44,54
15.165
(2) (d) The administrator of the division of personnel management in
5the department of administration or his or her designee.
SB887,44,66
(f) One individual appointed by the speaker of the assembly.
SB887,44,77
(g) One individual appointed by the minority leader of the assembly.
SB887,44,88
(h) One individual appointed by the majority leader of the senate.
SB887,44,99
(i) One individual appointed by the minority leader of the senate.
SB887,51
10Section 51
. 16.42 (5) of the statutes is created to read:
SB887,44,1211
16.42
(5) (a) In this subsection, “fee” means any amount of money other than
12a tax that an agency charges a person other than a governmental entity.
SB887,44,1513
(b) Each agency required to submit a budget request under sub. (1) shall
14include with its request a report that lists each fee the agency is required or
15otherwise authorized to charge and that includes all of the following:
SB887,44,1716
1. The amount of each fee, or, if a fee does not have a fixed amount, the method
17of calculating the fee.
SB887,44,1818
2. An identification of the agency's statutory authority to charge each fee.
SB887,44,1919
3. A statement whether or not the agency currently charges the fee.
SB887,44,2120
4. A description of whether and how each fee has increased or decreased since
21the agency was first authorized to charge the fee.
SB887,44,2222
5. Any recommendation the agency has concerning each fee.
SB887,52
23Section
52. 16.84 (2m) of the statutes is created to read:
SB887,45,824
16.84
(2m) Send notice to the joint committee on legislative organization of any
25proposed changes to security at the capitol, including the posting of a firearm
1restriction under s. 943.13 (1m) (c) 2. or 4. If, within 14 working days after the date
2of the notice, the cochairpersons of the joint committee on legislative organization do
3not notify the department that the committee has scheduled a meeting to review the
4department's proposal, the department may implement the changes as proposed in
5the notice. If, within 14 working days after the date of the department's notice, the
6cochairpersons of the committee notify the department that the committee has
7scheduled a meeting to review the department's proposal, the department may
8implement the proposed changes only upon approval of the committee.
SB887,53
9Section 53
. 16.84 (5) (d) of the statutes is repealed.
SB887,54
10Section
54. 16.973 (15) of the statutes is created to read:
SB887,45,1511
16.973
(15) By October 1 of each year, submit to the joint committee on finance
12and the legislature under s. 13.172 (2) a report on the administration of the
13information technology and communication services self-funded portal. The report
14shall include the following information regarding the portal for the immediately
15preceding fiscal year: