AB56: Bill Text

AB56,111,6 6.33 (2) (a) All information may be recorded by any person, except that the clerk shall record the ward and aldermanic district, if any, other geographic information under sub. (1), the indication of whether the registration is received by mail, and the type of identifying document submitted by the elector as proof of residence under s. 6.34 or the indication of verification of information in lieu of proof of residence under s. 6.34 (2m). Except as provided in s. 6.30 (5), each elector shall sign his or her own name unless the elector is unable to sign his or her name due to physical disability. In such case, the elector may authorize another elector to sign the form on his or her behalf. If the elector so authorizes, the elector signing the form shall attest to a statement that the application is made upon request and by authorization of a named elector who is unable to sign the form due to physical disability.

AB56,12 Section 12. 6.35 (3) of the statutes is amended to read:

AB56,111,12 6.35 (3) Original Except for electronic registrations, original registration forms shall be maintained in the office of the municipal clerk or board of election commissioners at all times. The commission shall maintain electronic registration forms and make such forms available for inspection by the municipal clerk, the clerk's designated agent, or the board of election commissioners.

AB56,13 Section 13. 6.86 (1) (b) of the statutes is amended to read:

AB56,112,12 6.86 (1) (b) Except as provided in this section, if application is made by mail, the application shall be received no later than 5 p.m. on the 5th day immediately preceding the election. If application is made in person, the application shall be made no earlier than 14 days preceding the election and no later than the Sunday 7 p.m. on the Friday preceding the election. No application may be received on a legal holiday. A municipality shall specify the hours in the notice under s. 10.01 (2) (e). The municipal clerk or an election official shall witness the certificate for any in-person absentee ballot cast. Except as provided in par. (c), if the elector is making written application for an absentee ballot at the partisan primary, the general election, the presidential preference primary, or a special election for national office, and the application indicates that the elector is a military elector, as defined in s. 6.34 (1), the application shall be received by the municipal clerk no later than 5 p.m. on election day. If the application indicates that the reason for requesting an absentee ballot is that the elector is a sequestered juror, the application shall be received no later than 5 p.m. on election day. If the application is received after 5 p.m. on the Friday immediately preceding the election, the municipal clerk or the clerk's agent shall immediately take the ballot to the court in which the elector is serving as a juror and deposit it with the judge. The judge shall recess court, as soon as convenient, and give the elector the ballot. The judge shall then witness the voting procedure as provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who shall deliver it to the polling place or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk as required in s. 6.88. If application is made under sub. (2) or (2m), the application may be received no later than 5 p.m. on the Friday immediately preceding the election.

AB56,14 Section 14. 6.86 (3) (c) of the statutes is amended to read:

AB56,113,8 6.86 (3) (c) An application under par. (a) 1. may be made and a registration form under par. (a) 2. may be filed in person at the office of the municipal clerk not earlier than 7 days before an election and not later than 5 p.m. on the day of the election. A list of hospitalized electors applying for ballots under par. (a) 1. shall be made by the municipal clerk and used to check that the electors vote only once, and by absentee ballot. If Except as provided in s. 6.34 (2m), if the elector is registering for the election after the close of registration or if the elector registered by mail or by electronic application and has not voted in an election in this state, the municipal clerk shall inform the agent that proof of residence under s. 6.34 is required and the elector shall enclose proof of residence under s. 6.34 in the envelope with the ballot. The clerk shall verify that the name on any required proof of identification presented by the agent conforms to the name on the elector's application. The clerk shall then enter his or her initials on the carrier envelope indicating that the agent presented proof of identification to the clerk. The agent is not required to enter a signature on the registration list. The ballot shall be sealed by the elector and returned to the municipal clerk either by mail or by personal delivery of the agent; but if the ballot is returned on the day of the election, the agent shall make personal delivery to the polling place serving the hospitalized elector's residence before the closing hour or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal clerk no later than 8 p.m. on election day.

AB56,15 Section 15. 13.124 of the statutes is repealed.

AB56,16 Section 16 . 13.127 of the statutes is repealed.

AB56,17 Section 17 . 13.365 of the statutes is repealed.

AB56,18 Section 18. 13.48 (10) (a) of the statutes is amended to read:

AB56,113,25 13.48 (10) (a) Except as provided in par. (c), no state board, agency, officer, department, commission, or body corporate may enter into a contract for the construction, reconstruction, remodeling of, or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $300,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, remodeling of, or addition to a state building as defined in s. 41.51 (2) unless it determines that the requirements under s. 41.58 have been complied with or that s. 41.58 does not apply. This section applies to the department of transportation only in respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

AB56,19 Section 19. 13.48 (14) (a) of the statutes is renumbered 13.48 (14) (a) (intro.) and amended to read:

AB56,114,3 13.48 (14) (a) (intro.) In this subsection, “ agency":

AB56,114,4 1. “Agency” has the meaning given in s. 16.52 (7).

AB56,20 Section 20. 13.48 (14) (a) 2. of the statutes is created to read:

AB56,114,8 13.48 (14) (a) 2. “Statutory bond purpose” means a purpose specified in s. 20.866 (2) (s) to (zz), but not including any purpose specified in s. 20.866 (2) (s) 1., (z) 1m. to 4m., and (zbj) 1. and 2.

AB56,21 Section 21. 13.48 (14) (c) (intro.) of the statutes is amended to read:

AB56,116,4 13.48 (14) (c) (intro.) Except as provided in par. (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding redeeming any of that debt, except that the commission may deposit some or all of the net proceeds, not to exceed the amount the commission would have deposited in the bond security and redemption fund, in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for a project enumerated under the authorized state building program that is within the same statutory bond purpose as the property sold or leased under par. (am). If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the building commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the debt. If the property was acquired, constructed, or improved with federal financial assistance, the commission shall pay to the federal government any of the proceeds required by federal law. If the property was acquired by gift or grant or with gift or grant funds, the commission shall adhere to any restriction governing use of the proceeds. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the building commission shall use the net proceeds or remaining net proceeds to pay principal and interest costs on outstanding public debt issued to finance the acquisition, construction, or improvement of property, except that the commission may deposit some or all of the net proceeds in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for a project enumerated under the authorized state building program that is within the same statutory bond purpose as the property sold or leased under par. (am). If any net proceeds remain thereafter, the commission shall use the proceeds to pay principal and interest costs on other outstanding public debt, except that the commission may deposit some or all of the net proceeds in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em) for any statutory bond purpose. For the purpose of paying principal and interest costs on other outstanding public debt under this paragraph, the commission may cause outstanding bonds to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem bonds at their optional redemption date, or purchase bonds in the open market. For the purpose of using an amount deposited under this paragraph as a substitute source of funding under s. 20.924 (1) (em), the commission shall determine which projects to fund and shall authorize expenditures for those projects. To the extent practical, the commission shall consider all of the following in determining which public debt to redeem, whether to use any net proceeds as a substitute source of funding under s. 20.924 (1) (em), and which projects to fund:

AB56,22 Section 22. 13.48 (14) (c) 3. of the statutes is amended to read:

AB56,116,8 13.48 (14) (c) 3. The fiscal benefit of redeeming outstanding debt with higher interest costs and the costs of establishing an escrow needed to redeem the outstanding debt.

AB56,23 Section 23. 13.48 (14) (c) 4. of the statutes is amended to read:

AB56,116,12 13.48 (14) (c) 4. The costs of maintaining federal tax law compliance in the selection of general obligation debt to be redeemed or the project to be financed under s. 20.924 (1) (em).

AB56,24 Section 24. 13.48 (14) (cf) of the statutes is created to read:

AB56,116,19 13.48 (14) (cf) If, under par. (c), the commission deposits an amount in the capital improvement fund for use as a substitute source of funding under s. 20.924 (1) (em), the amount of public debt that may be contracted under the statutory bond purpose for which the amount deposited under par. (c) is used as a substitute source of funding shall be reduced by the amount used as a substitute source of funding for that statutory bond purpose.

AB56,25 Section 25. 13.48 (14) (cm) of the statutes is amended to read:

AB56,117,22 13.48 (14) (cm) If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall adhere to any restrictions in the authorizing resolution of the revenue obligations governing the use of the proceeds. To the extent the authorizing resolution does not restrict such use, the commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the property in the respective redemption fund provided under s. 18.561 (5) or 18.562 (3) to repay the principal and pay the interest on the revenue obligations, and any premium due upon refunding redeeming any of the revenue obligations, or shall deposit an amount in the appropriate fund under s. 18.57 or apply the amount for a purpose for which similar revenue obligations may be issued under s. 18.53 (3) or (4). If there are any outstanding revenue obligations, issued pursuant to subch. II of ch. 18, used to finance the acquisition, construction, or improvement of any property that is sold or leased under par. (am), the commission shall then provide a sufficient amount of the net proceeds from the sale or lease of the property for the costs of maintaining federal tax law compliance applicable to the revenue obligations. For the purpose of paying principal and interest costs on other outstanding revenue obligations, the commission may cause outstanding revenue obligations to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem obligations at their optional redemption date, or purchase bonds on the open market. Except as required under par. (e) and ss. 20.395 (9) (qd) and 51.06 (6), if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this paragraph, the department shall use the net proceeds or the remaining net proceeds to pay principal and interest costs on other similar revenue obligations or for a purpose for which similar revenue obligations may be issued under s. 18.53 (3) or (4).

AB56,26 Section 26. 13.48 (14) (ct) of the statutes is created to read:

AB56,118,2 13.48 (14) (ct) If under par. (cm) the commission deposits net proceeds into an appropriate fund provided in s. 18.57 or applies net proceeds for a purpose for which revenue obligations may be issued, the amount of revenue obligations authorized under s. 18.54 (2) shall be reduced by the amount deposited or applied.

AB56,27 Section 27 . 13.48 (26m) of the statutes is created to read:

AB56,118,9 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.

AB56,28 Section 28. 13.49 of the statutes is created to read:

AB56,118,11 13.49 Redistricting advisory commission. (1) Definitions. In this section:

AB56,118,12 (a) “Chief election officer" means the elections commission administrator.

AB56,118,13 (b) “Four selecting authorities" means all of the following:

AB56,118,14 1. The majority leader of the senate.

AB56,118,15 2. The minority leader of the senate.

AB56,118,16 3. The speaker of the assembly.

AB56,118,17 4. The minority leader of the assembly.

AB56,118,18 (c) “Partisan public office" means any of the following:

AB56,118,20 1. The office of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state senator, or state representative to the assembly.

AB56,118,22 2. A county office that is filled by an election process involving nomination and election of candidates on a partisan basis.

AB56,118,24 (d) “Political party office" means an elective office in a political party, as defined in s. 11.0101 (26), or in a national political party.

AB56,119,6 (e) “Relative" means an individual who is related to the person in question as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandfather, grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

AB56,119,15 (2) General provisions. (a) Not later than February 15 of the first year following the decennial federal census, a temporary redistricting advisory commission is created consisting of 5 members. Each of the 4 selecting authorities shall certify to the chief election officer the selecting authority's appointment of a person to serve on the commission. Within 30 days after the last selecting authority has certified his or her appointment, but not later than February 15 of the first year following the decennial federal census, the 4 commission members so appointed shall select, by a vote of at least 3 members, and certify to the chief election officer the 5th commission member, who shall serve as chairperson.

AB56,119,17 (b) No individual may be appointed to the redistricting advisory commission who satisfies any of the following:

AB56,119,19 1. The individual is not an eligible elector of this state at the time of the appointment.

AB56,119,20 2. The individual holds partisan public office or political party office.

AB56,119,22 3. The individual is a relative of or is employed by a member of the legislature or of Congress or is employed directly by the legislature or Congress.

AB56,120,4 (c) Members of the redistricting advisory commission appointed by a selecting authority shall be reimbursed from the appropriation account under s. 20.765 (1) (a) or (b), depending upon the house in which that member's appointing authority holds office, for actual and necessary expenses incurred in performance of duties as a commission member. The member who is not appointed by a selecting authority shall be reimbursed from the appropriation under s. 20.765 (1) (a) for actual and necessary expenses incurred in performance of duties as a commission member.

AB56,120,6 (d) A vacancy on the redistricting advisory commission shall be filled as provided in s. 17.20 (1) within 15 days after the vacancy occurs.

AB56,120,8 (e) Each redistricting advisory commission terminates upon complying with sub. (3).

AB56,120,9 (3) Duties. The redistricting advisory commission shall do all of the following:

AB56,120,13 (a) If requested to do so by the legislative reference bureau, provide direction to the legislative reference bureau concerning any decision the legislative reference bureau must make in preparing a redistricting plan under subch. I of ch. 4 for which no clearly applicable guideline is provided under s. 4.007.

AB56,120,20 (b) Oversee the work of legislative reference bureau employees engaged in preparing a redistricting plan under subch. I of ch. 4 and may enter into contracts for hiring experts to assist in the preparing of such plans. The commission may enter into a contract to retain experts for preparing a redistricting plan only with the approval of three-fourths of the members of the commission and may terminate a contract employee only with the approval of three-fourths of the members of the commission.

AB56,120,23 (c) Upon delivery by the legislative reference bureau of a bill embodying a redistricting plan as required under s. 4.006, make available to the public at the earliest feasible time all of the following information:

AB56,120,24 1. Copies of the bill.

AB56,120,25 2. Maps illustrating the plan.

AB56,121,2 3. A summary of the standards prescribed under s. 4.007 for development of the plan.

AB56,121,4 4. A statement of the population of each district included in the plan and the relative deviation of each district population from the ideal district population.

AB56,121,6 (d) Upon delivery by the legislative reference bureau of an initial bill embodying a redistricting plan as required under s. 4.006 (1), do all of the following:

AB56,121,11 1. As expeditiously as reasonably possible, schedule and conduct public hearings, in different geographic regions of the state, on the plan embodied in the bill. No more than one public hearing may be held in the city of Madison, and at least one public hearing shall be held in each congressional district of the state. The commission shall hold public hearings on weekends whenever it is practicable.

AB56,121,18 2. Following the hearings held under subd. 1., promptly prepare and submit to the legislature in the manner provided under s. 13.172 (2) a report summarizing information and testimony received by the commission in the course of the hearings. The report may include any comments and conclusions that the commission's members deem appropriate concerning the information and testimony received at the hearings or otherwise presented to the commission. The report shall be treated in the same manner as a report submitted under s. 13.172 (2).

AB56,121,22 (4) Confidentiality. (a) Except as provided in par. (b), the redistricting advisory commission may establish policies limiting the information that the legislative reference bureau may provide to persons outside of the bureau staff concerning any redistricting plan prepared under subch. I of ch. 4.

AB56,122,5 (b) Any policy established under par. (a) does not apply to a redistricting plan after a bill embodying that plan is delivered by the legislative reference bureau as required under s. 4.006 or to population data furnished to the legislative reference bureau by the U.S. bureau of the census. Notwithstanding s. 13.92 (1) (c), any draft maps, along with the data sets used to create them, that are produced by the legislative reference bureau in the course of its work in preparing a bill under s. 4.006 shall be open to public inspection and copying under s. 19.35 (1) and made available on the Internet site of the legislative reference bureau as soon as they are produced.

AB56,29 Section 29 . 13.56 (2) of the statutes is amended to read:

AB56,122,15 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).

AB56,30 Section 30 . 13.90 (2) of the statutes is amended to read:

AB56,123,2 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).

AB56,31 Section 31 . 13.91 (1) (c) of the statutes is amended to read:

AB56,123,5 13.91 (1) (c) Perform the functions prescribed in ch. 227 s. 227.15 for the review and resolution of problems relating to administrative rules and guidance documents.

AB56,32 Section 32. 13.94 (intro.) of the statutes is amended to read:

AB56,123,23 13.94 Legislative audit bureau. (intro.) There is created a bureau to be known as the “Legislative Audit Bureau," headed by a chief known as the “State Auditor." The bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of any audit currently being performed. Subject to s. 230.35 (4) (a) and (f), the state auditor or designated employees shall at all times with or without notice have access to all departments and to any books, records , or other documents maintained by the departments and relating to their expenditures, revenues, operations, and structure, including specifically any such books, records, or other documents that are confidential by law, except as provided in sub. (4) and except that access to documents of counties, cities, villages, towns , or school districts is limited to work performed in connection with audits authorized under sub. (1) (m) and except that access to documents of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 is limited to work performed in connection with audits authorized under sub. (1) (os). In the discharge of any duty imposed by law, the state auditor may subpoena witnesses, administer oaths and take testimony and cause the deposition of witnesses to be taken as prescribed for taking depositions in civil actions in circuit courts.

AB56,33 Section 33. 13.94 (1) (b) of the statutes is amended to read:

AB56,124,14 13.94 (1) (b) At the state auditor's discretion or as the joint legislative audit committee directs, audit the records of each department. Audits of the records of a county, city, village, town, or school district may be performed only as provided in par. (m). Audits of the records of the opportunity schools and partnership programs under s. 119.33, subch. IX of ch. 115, and subch. II of ch. 119 may be performed only as provided in par. (os). After completion of any audit under this paragraph, the bureau shall file with the chief clerk of each house of the legislature, the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau, and the department audited, a detailed report of the audit, including the bureau's recommendations for improvement and efficiency and including specific instances, if any, of illegal or improper expenditures. The chief clerks shall distribute the report to the joint legislative audit committee, the appropriate standing committees of the legislature, and the joint committee on legislative organization.

AB56,34 Section 34. 13.94 (1) (e) of the statutes is amended to read:

AB56,124,21 13.94 (1) (e) Make such special examinations of the accounts and financial transactions of any department, agency, or officer as the legislature, joint legislative audit committee, or joint committee on legislative organization directs. Examinations of the accounts and transactions of a county, city, village, town, or, subject to par. (os), of a school district, may be performed only as authorized in par. (m).

AB56,35 Section 35. 13.94 (1) (os) of the statutes is repealed.

AB56,36 Section 36. 13.94 (1s) (a) of the statutes is amended to read:

AB56,125,4 13.94 (1s) (a) Except as otherwise provided in par. (c), the legislative audit bureau may charge any department for the reasonable cost of auditing services performed at the request of a department or at the request of the federal government that the bureau is not required to perform under sub. (1) (b) or (c) or any other law. This paragraph does not apply to counties, cities, villages, towns, or school districts or to the opportunity schools and partnership programs under sub. (1) (os).

AB56,37 Section 37. 15.105 (15) of the statutes is renumbered 15.225 (1) and amended to read:

AB56,125,13 15.225 (1) Labor and industry review commission. There is created a labor and industry review commission which is attached to the department of administration workforce development under s. 15.03, except the budget of the labor and industry review commission shall be transmitted by the department to the governor without change or modification by the department, unless agreed to by the labor and industry review commission. The governor shall appoint an individual to serve at the pleasure of the governor as general counsel for the commission.

AB56,38 Section 38. 15.105 (34) of the statutes is created to read:

AB56,125,18 15.105 (34) 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. The office shall be under the direction and supervision of a director who shall be appointed by the governor to serve at the governor's pleasure.

AB56,39 Section 39. 15.207 (3) of the statutes is repealed.

AB56,40 Section 40. 15.225 (title) of the statutes is amended to read: