AB56: Bill Text

AB56,104,9 (9) The number of assembly districts in any redistricting plan may not be less than 54 nor more than 100. The number of senate districts in any redistricting plan may not be more than one-third nor less than one-fourth of the number of assembly districts. Each senate district shall contain only whole assembly districts. Except as otherwise provided in this subsection, to the extent possible, each congressional district shall contain only whole senate districts. The other standards specified in this section shall take precedence where a conflict arises between those standards and the requirement of including only whole senate districts within a congressional district.

AB56,104,15 (10) In preparing any redistricting plan, the legislative reference bureau shall test the efficiency gap and competitiveness of each district and make the test results available to the public, including publishing the results on its Internet site, no later than 72 hours prior to the first public hearing on the proposed plan. The legislative reference bureau may use the data described under sub. (8) (b) to (d) to perform the tests under this subsection.

AB56,104,17 4.008 Required provisions in redistricting bills. Each bill delivered under s. 4.006 shall provide all of the following:

AB56,104,19 (1) That, wherever territory is described in the bill by geographic boundaries, the following conventions are used:

AB56,104,21 (a) Each bound continues to the intersection with the bound next named, or to the intersection with a straight-line extension of such bound.

AB56,104,23 (b) If the bound is a street, it follows the center line of the street or the center line of the street extended.

AB56,104,25 (c) If the bound is a railroad right-of-way, it follows the center line of the railroad right-of-way.

AB56,105,2 (d) If the bound is a river or stream, it follows the center of the main channel of such river or stream.

AB56,105,3 (e) If the bound follows a municipal boundary, it coincides with such boundary.

AB56,105,7 (2) That the bill first applies, with respect to regular elections, to offices filled at the next occurring general election after the bill takes effect and, with respect to special or recall elections, to offices filled or contested on or after the date of that general election.

AB56,105,18 4.0085 Challenge based on population inequality; burden of proof. If an action is brought challenging a legislative redistricting plan under this subchapter on the basis of an excessive population variance among senate or assembly districts established in the plan, the legislature has the burden of justifying any variance in excess of 10 percent between the population of a senate or assembly district and the applicable ideal district population. If an action is brought challenging a congressional redistricting plan under this subchapter on the basis of an excessive population variance among congressional districts established in the plan, the legislature has the burden of justifying any variance in excess of 1 percent between the population of a congressional district and the applicable ideal district population.

AB56,6 Section 6. 5.02 (6m) (f) of the statutes is amended to read:

AB56,106,2 5.02 (6m) (f) An unexpired student identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that contains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 5 years after the date of issuance if the individual establishes that he or she is enrolled as a student at the university or college on the date that the card is presented.

AB56,7 Section 7. 5.056 of the statutes is amended to read:

AB56,106,12 5.056 Matching program with secretary of transportation. The commission administrator shall enter into the agreement with the secretary of transportation specified under s. 85.61 (1) to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information maintained by the department of transportation. Subject to s. 343.14 (2p) (b), the agreement shall provide for the electronic transfer of information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

AB56,8 Section 8 . 5.15 (4) (a) of the statutes is amended to read:

AB56,107,7 5.15 (4) (a) Except as provided in par. (c), the division ordinance or resolution shall number all wards in the municipality with unique whole numbers in consecutive order, beginning with the number one, shall designate the polling place for each ward, and shall describe the boundaries of each ward consistent with the conventions set forth in s. 4.003 4.008 (1). The ordinance or resolution shall be accompanied by a list of the block numbers used by the U.S. bureau of the census that are wholly or partly contained within each ward, with any block numbers partly contained within a ward identified, and a map of the municipality which illustrates the revised ward boundaries. If the legislature, in an act redistricting legislative districts under article IV, section 3, of the constitution, or in redistricting congressional districts, establishes a district boundary within a municipality that does not coincide with the boundary of a ward established under the ordinance or resolution of the municipality, the municipal governing body shall, no later than April 10 of the 2nd year following the year of the federal decennial census on which the act is based, amend the ordinance or resolution to the extent required to effect the act. The amended ordinance or resolution shall designate the polling place for any ward that is created to effect the legislative act. Nothing in this paragraph shall be construed to compel a county or city to alter or redraw supervisory or aldermanic districts.

AB56,9 Section 9 . 6.256 of the statutes is created to read:

AB56,107,14 6.256 Commission shall facilitate registration of electors. (1) Except as provided for electors specified in sub. (7) and as otherwise expressly provided, the commission shall use all feasible means to facilitate the registration of all eligible electors of this state who are subject to a registration requirement and the maintenance of the registration of all eligible electors for so long as they remain eligible.

AB56,107,18 (2) Subject to s. 343.14 (2p) (b), for the purpose of carrying out its functions under sub. (1), the commission shall obtain the following information from the department of transportation, to the extent that the department has the information:

AB56,107,22 (a) The full name of each individual who holds a current operator's license issued to the individual under ch. 343 or a current identification card issued to the individual under s. 343.50, together with the following information pertaining to that individual:

AB56,107,24 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.

AB56,107,25 2. The date of birth of the individual.

AB56,108,1 3. The number of the license or identification card issued to the individual.

AB56,108,6 4. A copy of the document that the applicant provided as proof of citizenship and a statement from the department of transportation indicating that the department verified the applicant's citizenship. For purposes of this subdivision, the applicant shall provide a document that meets the requirements under 42 USC 1320b-7 (d).

AB56,108,9 (b) For each item of information specified in this subsection, the most recent date that the item of information was provided or obtained by the department of transportation.

AB56,108,18 (3) The commission shall compare the information obtained under sub. (2) with the information in the registration list under s. 6.36 (1) (a). If the commission finds discrepancies between the information obtained under sub. (2) regarding an elector and the information in the registration list under s. 6.36 (1) (a) regarding that same elector, the commission shall contact the elector by mail or telephone or in person to resolve the discrepancies. If the commission is able to resolve the discrepancies after contacting the elector, the commission shall update the information on the registration list. If the commission is unable to contact the elector, the commission shall resolve any discrepancies in favor of the information in the registration list.

AB56,109,6 (4) Except as provided in this subsection and sub. (7), if the commission concludes that an individual appears eligible to vote in this state but is not registered, and the commission has obtained from reliable sources all the information required under s. 6.33 (1) to complete the individual's registration, the commission shall enter the individual's name on the registration list. If the commission has not obtained from reliable sources all the information pertaining to an individual that is required under s. 6.33 (1), the commission shall attempt to obtain from reliable sources the necessary information under s. 6.33 (1) that is required to complete the individual's registration. If a municipality has changed the status of an elector from eligible to ineligible under s. 6.50 (1) and the elector's eligibility, name, or residence has not changed, the commission may not change the individual's name to eligible status unless the commission first verifies that the individual is eligible and wishes to change his or her status to eligible.

AB56,109,9 (5) The commission shall attempt to contact individuals described in sub. (4) if necessary to obtain all the information specified in s. 6.33 (1) pertaining to the individual that is required to complete the individual's registration.

AB56,109,12 (6) If the commission is able to obtain all the required information specified in s. 6.33 (1) pertaining to an individual, the commission shall enter the name of the individual on the registration list maintained under s. 6.36 (1) (a).

AB56,109,24 (7) Any individual may file a request with the commission to exclude his or her name from the registration list. Any individual whose name is added to the registration list by the commission may file a request with the commission or a municipal clerk to have his or her name deleted from the list. A request for exclusion or deletion shall be filed in the manner prescribed by the commission. An individual who files an exclusion or deletion request under this subsection may revoke his or her request by the same means that an individual may request an exclusion or deletion. The commission shall ensure that the name of any individual who has filed an exclusion or deletion request under this subsection is excluded from the registration list or if the individual's name appears on the list, is removed from the registration list and is not added to the list at any subsequent time unless the individual files a revocation of his or her request under this subsection.

AB56,110,8 (8) If the commission removes from the registration list the name of an elector who does not request that his or her name be deleted, other than to correct an entry that the commission positively determines to be a duplication or to change the name of an individual who is verified to be deceased to ineligible status, the commission shall mail the individual a notice of the removal or change in status by 1st class postcard at the individual's last-known address. The notice shall provide that the individual may apply to have his or her status changed to eligible if he or she is a qualified elector.

AB56,110,10 (9) The commission shall attempt to facilitate the initial registration of all eligible electors, except as otherwise provided in this section, as soon as practicable.

AB56,110,14 (10) The commission shall maintain the confidentiality of all information obtained from the department of transportation under sub. (2) and may use this information only for the purpose of carrying out its functions under sub. (1) and s. 6.34 (2m) and in accordance with the agreement under s. 85.61 (1).

AB56,10 Section 10 . 6.29 (2) (e) of the statutes is created to read:

AB56,110,19 6.29 (2) (e) The municipal clerk or clerk's agent shall promptly add the names of qualified electors who register and vote under this section to the registration list. The clerk or clerk's agent shall add the names of qualified electors who vote at their polling places in the manner prescribed in s. 6.33 (5) (a).

AB56,11 Section 11. 6.33 (2) (a) of the statutes is amended to read:

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).