SB70: Bill Text

SB70,205,3 2. Prior to the canvass under subd. 1., the municipal clerk or municipal board of election commissioners shall notify the elections commission in writing and shall consult with the elections commission concerning administration of this section.

SB70,205,6 (b) Ballots may be canvassed early under this section only between 7 a.m. and 8 p.m. on the day before the election and may not be tallied until after the polls close on election day.

SB70,205,9 (c) Any member of the public has the same right of access to a place where absentee ballots are being canvassed early under this section that the individual would have under s. 7.41 to observe the proceedings at a polling place.

SB70,205,13 (d) When not in use, automatic tabulating equipment used for purposes of this section and the areas where the programmed media, memory devices, and ballots are housed shall be secured with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.

SB70,205,17 (e) No person may act in any manner that would give him or her the ability to know or to provide information on the accumulating or final results from the ballots canvassed early under this section before the close of the polls on election day. A person who violates this paragraph is guilty of a Class I felony.

SB70,205,19 (2) Notice requirements. Absentee ballots may not begin being canvassed early under this section for any election unless all of the following apply:

SB70,205,23 (a) At least 70 days before the election the municipal clerk or executive director of the municipal board of election commissioners notifies in writing the county clerk or executive director of the county board of election commissioners that early canvassing of absentee ballots will take place in the election.

SB70,205,25 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which, and each location where, the early canvassing of absentee ballots will be conducted.

SB70,40 Section 40. 8.50 (intro.) of the statutes is amended to read:

SB70,206,16 8.50 Special elections. (intro.) Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor, and district attorney, judicial and legislative state offices, county, city, village, and town offices, and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No Except as provided in sub. (4m), no special election may be held after February 1 preceding the spring election unless it is held on the same day as the spring election, nor after August 1 preceding the general election unless it is held on the same day as the general election, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the partisan primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.

SB70,41 Section 41 . 8.50 (2) (a) and (b) of the statutes are amended to read:

SB70,207,2 8.50 (2) (a) The Except as provided in sub. (4m), the date for the special election shall be not less than 62 nor more than 77 days from the date of the order except when the special election is held to fill a vacancy in a national office or the special election is held on the day of the general election or spring election. If a special election is held concurrently with the spring election, the special election may be ordered not earlier than 92 days prior to the spring primary and not later than 49 days prior to that primary. If a special election is held concurrently with the general election or a special election is held to fill a national office, the special election may be ordered not earlier than 122 days prior to the partisan primary or special primary, respectively, and not later than 92 days prior to that primary.

SB70,207,10 (b) If Except as provided in sub. (4m), if a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

SB70,42 Section 42 . 8.50 (3) (a) of the statutes is amended to read:

SB70,208,2 8.50 (3) (a) Nomination Except as provided in sub. (4m), nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

SB70,43 Section 43 . 8.50 (4) (b) of the statutes is repealed.

SB70,44 Section 44 . 8.50 (4m) of the statutes is created to read:

SB70,208,7 8.50 (4m) Special elections for national office. (a) Except as provided in par. (b), a vacancy in the office of U.S. senator or representative in congress shall be filled as soon as practicable in the following manner:

SB70,208,12 1. At a special election to be held on the 3rd Tuesday in May following the first day of the vacancy. The special primary shall be held concurrently with the spring primary on the 3rd Tuesday in February. The first day for circulating nomination papers shall be November 1 and the papers shall be filed no later 5 p.m. on the first Tuesday in December preceding the primary.

SB70,208,16 2. At a special election to be held on the 2nd Tuesday in August following the first day of the vacancy. The special primary shall be held on the 3rd Tuesday in May in that year. The first day for circulating nomination papers shall be February 1 and the papers shall be filed no later than 5 p.m. on the first Tuesday in March.

SB70,208,20 3. At a special election to be held on the Tuesday after the first Monday in November following the first day of the vacancy. The special primary shall be held on the 2nd Tuesday in August in that year. Nomination papers shall be circulated and filed as provided under s. 8.15.

SB70,208,23 (b) A special election shall not be held under par. (a) 3. in any year in which the general election is held for that office, but, instead, the vacancy shall be filled at the partisan primary and general election.

SB70,208,24 (c) A vacancy filled under par. (a) shall be for the residue of the unexpired term.

SB70,45 Section 45. 13.09 (7) of the statutes is created to read:

SB70,209,4 13.09 (7) If a member of the committee objects to a proposed action or item during a period of passive review required by law for the purpose of reviewing the proposed action or item, the name of each objecting member, as well as the reason for each objection, shall be recorded and made publicly available.

SB70,46 Section 46 . 13.121 (4) of the statutes is amended to read:

SB70,209,14 13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the administrator of the division of personnel management in the department of administration and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

SB70,47 Section 47 . 13.124 of the statutes is repealed.

SB70,48 Section 48 . 13.127 of the statutes is repealed.

SB70,49 Section 49 . 13.365 of the statutes is repealed.

SB70,50 Section 50 . 13.48 (26m) of the statutes is created to read:

SB70,209,24 13.48 (26m) Lead service line replacement. The legislature finds and determines that the prevalence of lead service lines in connections to public water systems poses a public health hazard and that processes for reducing lead entering drinking water from such pipes requires additional treatment of wastewater. It is therefore in the public interest, and it is the public policy of this state, to assist private users of public water systems in replacing lead service lines.

SB70,51 Section 51. 13.48 (30) (a) (intro.) and 2. of the statutes are consolidated, renumbered 13.48 (30) (a) and amended to read:

SB70,210,4 13.48 (30) (a) In this section: 2. “Unserved, “unserved area” has the meaning given in s. 196.504 (1) (c).

SB70,52 Section 52. 13.48 (30) (a) 1. of the statutes is repealed.

SB70,53 Section 53. 13.48 (30) (b) of the statutes is amended to read:

SB70,210,17 13.48 (30) (b) The legislature finds and determines that the provision of broadband Internet access is essential to the welfare of the citizens of this state and to economic development in this state, and therefore the provision of broadband Internet access is a government function and a statewide responsibility of statewide dimension. The legislature further determines that sufficient private capital has been and continues to be unavailable to fulfill the need for the development of broadband Internet access in underserved and unserved areas in this state. It is therefore in the public interest, and it is the public policy of this state, to assist the public service commission in making broadband expansion grants under s. 196.504 (2) (a) for the purpose of constructing broadband infrastructure in underserved and unserved areas of this state.

SB70,54 Section 54. 13.525 (5) (a) of the statutes is amended to read:

SB70,211,2 13.525 (5) (a) If any Any bill that is introduced in either house of the legislature that proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request shall be referred to the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

SB70,55 Section 55. 13.525 (5) (b) (intro.) of the statutes is amended to read:

SB70,211,8 13.525 (5) (b) (intro.) If the joint review committee receives a request under par. (a) for a report on is referred a bill that proposes to create a new crime or revise a penalty for an existing crime, under par. (a), neither house may further consider the bill until the committee shall prepare prepares a report concerning all of the following:

SB70,56 Section 56. 13.525 (5) (d) of the statutes is repealed.

SB70,57 Section 57 . 13.56 (2) of the statutes is amended to read:

SB70,211,19 13.56 (2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to intervene in designate the legislature's representative for the proceeding as provided under s. 806.04 (11). The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

SB70,58 Section 58. 13.90 (1) (intro.) of the statutes is amended to read:

SB70,211,24 13.90 (1) (intro.) The joint committee on legislative organization shall be the policy-making board for the legislative reference bureau, the legislative fiscal bureau, the legislative audit bureau, the legislative human resources office, and the legislative technology services bureau. The committee shall:

SB70,59 Section 59. 13.90 (1m) (a) of the statutes is amended to read:

SB70,212,4 13.90 (1m) (a) In this subsection, “legislative service agency" means the legislative council staff, the legislative audit bureau, the legislative fiscal bureau, the legislative reference bureau, the legislative human resources office, and the legislative technology services bureau.

SB70,60 Section 60 . 13.90 (2) of the statutes is amended to read:

SB70,212,16 13.90 (2) The cochairpersons of the joint committee on legislative organization or their designated agent shall accept service made under ss. s. 806.04 (11) and 893.825 (2). If the committee, the senate organization committee, or the assembly organization committee determines that the legislature should intervene be represented in the proceeding as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the legislature , that committee shall designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b), except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

SB70,61 Section 61 . 13.97 of the statutes is created to read:

SB70,212,20 13.97 Legislative human resources office. There is created a service agency known as the “Legislative Human Resources Office,” headed by a director. The legislative human resources office shall be strictly nonpartisan.

SB70,212,21 (1) Duties of the office. The legislative human resources office shall:

SB70,212,23 (a) Provide human resources services to the legislative branch, as directed by the joint committee on legislative organization.

SB70,213,3 (b) Establish a formal complaint process to review and investigate allegations of harassment, discrimination, retaliation, violence, or bullying by legislators, legislative employees, and legislative service agency employees. The office shall investigate all such allegations, unless the director designates another person or entity to review and investigate any specific allegation.

SB70,213,5 (2) Duties of the director. The director of the legislative human resources office shall:

SB70,213,6 (a) Report to the joint committee on legislative organization.

SB70,213,7 (b) Direct the operations of the staff.

SB70,213,8 (c) Employ, train, and supervise the personnel assigned to the director.

SB70,213,9 (d) Supervise all expenditures of the legislative human resources office.

SB70,213,12 (e) Manage reviews and investigations of the formal complaint process established under sub. (1) (b). Upon completion of an investigation, report the findings to the appropriate legislative leader or employee supervisor.

SB70,213,14 (f) On a periodic basis, recommend to the joint committee on legislative organization improvements to human resources services and programs.

SB70,62 Section 62 . 14.46 of the statutes is created to read:

SB70,213,21 14.46 Assistant secretary of state. The secretary of state may appoint an assistant secretary of state who may perform and execute any duty or power of the secretary of state, except duties and powers the secretary of state performs as a member of the board of commissioners of public lands. The assistant secretary of state shall take and file the official oath and shall file an official bond in the sum and with the conditions as the secretary of state prescribes.

SB70,63 Section 63. 15.01 (6) of the statutes is amended to read:

SB70,214,10 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of credit unions in the department of financial institutions, the office of the inspector general in the department of children and families, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of “division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care, the office of homeland security under the department of military affairs, and the office of educational accountability in the department of public instruction have the meaning of “bureau" under this subsection.

SB70,64 Section 64 . 15.07 (3) (bm) 7. of the statutes is created to read:

SB70,214,13 15.07 (3) (bm) 7. The prescription drug affordability review board shall meet at least 4 times each year.

SB70,65 Section 65 . 15.105 (34) of the statutes is created to read:

SB70,214,18 15.105 (34) Office of environmental justice. There is created in the department of administration an office of environmental justice. The office shall be under the direction and supervision of a director, who shall be appointed by the secretary of administration to serve at the pleasure of the secretary.

SB70,66 Section 66 . 15.105 (35) of the statutes is created to read:

SB70,214,22 15.105 (35) Office of sustainability and clean energy. There is created in the department of administration an office to be known as the office of sustainability and clean energy.

SB70,67 Section 67 . 15.165 (title) of the statutes is amended to read:

SB70,214,24 15.165 (title) Same; attached boards and offices.

SB70,68 Section 68 . 15.165 (5) of the statutes is created to read:

SB70,215,5 15.165 (5) Office of internal audit. There is created an office of internal audit that is attached to the department of employee trust funds under s. 15.03. The office shall be under the direction and supervision of an internal auditor who shall be appointed by the employee trust funds board in the classified service. The internal auditor shall report directly to the employee trust funds board.

SB70,69 Section 69 . 15.185 (6) of the statutes is created to read:

SB70,215,10 15.185 (6) Small business retirement savings board. (a) There is created a small business retirement savings board that is attached to the department of financial institutions under s. 15.03. The board shall consist of the following members:

SB70,215,11 1. The secretary of financial institutions or his or her designee.

SB70,215,14 2. One member who has a favorable reputation for skill, knowledge, and experience in the field of retirement saving and investments, appointed by the governor.

SB70,215,16 3. One member who has a favorable reputation for skill, knowledge, and experience relating to small business, appointed by the governor.

SB70,215,20 4. One member who is a representative of an association representing employees or who has a favorable reputation for skill, knowledge, and experience in the interests of employees in retirement saving, appointed by the speaker of the assembly.

SB70,215,23 5. One member who has a favorable reputation for skill, knowledge, and experience in the interests of employers in retirement saving, appointed by the president of the senate.

SB70,216,3 6. One member who has a favorable reputation for skill, knowledge, and experience in retirement investment products or retirement plan designs, appointed by the secretary of financial institutions.

SB70,216,4 7. One member appointed by the investment board.

SB70,216,5 (b) The members under par. (a) 2. to 7. shall be appointed for 4-year terms.

SB70,70 Section 70 . 15.197 (20) of the statutes is created to read:

SB70,216,9 15.197 (20) Spinal cord injury council. (a) There is created in the department of health services a spinal cord injury council that, except as provided in par. (b), consists of the following members appointed by the department for 2-year terms:

SB70,216,11 1. One member representing the University of Wisconsin School of Medicine and Public Health.