AB981: Bill Text

AB981,326 Section 326. 227.03 (6) of the statutes is amended to read:

AB981,131,23 227.03 (6) Orders of the elections commission secretary of state under s. 5.06 (6) are not subject to this chapter.

AB981,327 Section 327. 227.52 (6) of the statutes is amended to read:

AB981,132,2 227.52 (6) Decisions of the chairperson of the elections commission secretary of state or the chairperson's secretary's designee.

AB981,328 Section 328. 230.08 (2) (eL) of the statutes is repealed.

AB981,329 Section 329. 301.03 (20m) of the statutes is amended to read:

AB981,132,9 301.03 (20m) Transmit to the elections commission secretary of state, on a continuous basis, a list containing the name of each living person who has been convicted of a felony under the laws of this state and whose civil rights have not been restored, together with his or her residential address and the date on which the department expects his or her civil rights to be restored.

AB981,330 Section 330. 342.06 (1) (eg) of the statutes is amended to read:

AB981,132,19 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, and to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).

AB981,331 Section 331. 343.027 of the statutes is amended to read:

AB981,133,3 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the elections commission secretary of state, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, to a law enforcement agency, or to the driver licensing agency of another jurisdiction.

AB981,332 Section 332. 343.11 (2m) of the statutes is amended to read:

AB981,133,8 343.11 (2m) Within 30 days following surrender of a license under sub. (1), the department shall provide notice to the elections commission secretary of state of the person's name and address, the name of the jurisdiction issuing the surrendered license, and the date on which the license was surrendered.

AB981,333 Section 333. 343.14 (2j) of the statutes is amended to read:

AB981,133,19 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22, to the department of workforce development for the sole purpose of enforcing or administering s. 108.22, to the department of revenue for the purposes of administering state taxes and collecting debt, to the driver licensing agency of another jurisdiction, or to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae).

AB981,334 Section 334. 343.50 (8) (c) 3. of the statutes is amended to read:

AB981,134,2 343.50 (8) (c) 3. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the elections commission secretary of state for the sole purpose of allowing the chief election officer secretary of state to comply with the terms of the agreement under s. 6.36 (1) (ae) any applicant information or identification card holder information maintained by the department of transportation and identified in s. 343.14 (2).

AB981,335 Section 335. 756.04 (2) (c) 1. of the statutes is amended to read:

AB981,134,5 756.04 (2) (c) 1. A list of registered voters from the elections commission secretary of state.

AB981,336 Section 336. 778.135 of the statutes is amended to read:

AB981,134,13 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections commission secretary of state under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the secretary of state or the ethics commission, as appropriate, and deposited with the secretary of administration.

AB981,337 Section 337. 978.05 (1) of the statutes is amended to read:

AB981,135,3 978.05 (1) Criminal actions. Except as otherwise provided by law, prosecute all criminal actions before any court within his or her prosecutorial unit and have sole responsibility for prosecution of all criminal actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur in his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (i) or 19.49 (2) (h) or this chapter or by referral of the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than an individual is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB981,338 Section 338. 978.05 (2) of the statutes is amended to read:

AB981,135,21 978.05 (2) Forfeitures. Except as otherwise provided by law, prosecute all state forfeiture actions, county traffic actions and actions concerning violations of county ordinances which are in conformity with state criminal laws in the courts within his or her prosecutorial unit and have joint responsibility, together with the elections commission secretary of state and the ethics commission, for prosecution of all forfeiture actions arising from violations of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 and from violations of other laws arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 that are alleged to be committed by a resident of his or her prosecutorial unit, or if alleged to be committed by a nonresident of this state, that are alleged to occur within his or her prosecutorial unit unless another prosecutor is substituted under s. 5.05 (2m) (h) or 19.49 (2) (g) or this chapter or by referral of the elections commission secretary of state under s. 5.05 (2m) (c) 15. or 16. or the ethics commission under s. 19.49 (2) (b) 13. or 14. For purposes of this subsection, a person other than an individual is a resident of a prosecutorial unit if the person's principal place of operation is located in that prosecutorial unit.

AB981,339 Section 339 . Nonstatutory provisions.

AB981,136,3 (1) Audit report recommendations. The secretary of state and the secretary's employees shall, to the extent practicable within their responsibilities, implement the recommendations contained in the legislative audit bureau's Report 21-19 regarding the past performance of the elections commission. The secretary of state shall report the progress in implementing those recommendations to the legislature no later than December 31, 2023.

AB981,136,5 (2) Assets and liabilities. On the effective date of this subsection, all assets and liabilities of the elections commission are transferred to the secretary of state.

AB981,136,6 (3) Positions and employees.

AB981,136,8 (a) On the effective date of this paragraph, all full-time equivalent positions of the elections commission are transferred to the secretary of state.

AB981,136,12 (b) All incumbent employees holding positions at the elections commission on the effective date of this paragraph, except the incumbent employee holding the position of administrator, are transferred on the effective date of this paragraph to the secretary of state.

AB981,136,17 (c) Employees transferred under par. (b) have all the rights and the same status under subch. V of ch. 111 at the office of the secretary of state that they enjoyed at the elections commission immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB981,136,20 (4) Tangible personal property. On the effective date of this subsection, all tangible personal property, including records, of the elections commission is transferred to the secretary of state.

AB981,136,25 (5) Contracts. All contracts entered into by the elections commission that are in effect on the effective date of this subsection shall remain in effect and are transferred to the secretary of state. The secretary of state shall carry out all contractual obligations under each contract until the contract is modified or rescinded by the secretary of state to the extent allowed under the contract.

AB981,137,4 (6) Orders and formal opinions. All formal opinions and orders issued by the elections commission that are in effect on the effective date of this subsection are transferred to the secretary of state and shall remain in effect until the secretary of state repeals an order or changes or withdraws a formal opinion.

AB981,137,9 (7) Pending matters. All matters pending with the elections commission on the effective date of this subsection are transferred to the secretary of state, and all materials submitted to or actions taken by the elections commission with respect to any pending matter are considered as having been submitted to or taken by the secretary of state.

AB981,137,12 (8) Transition. Notwithstanding s. 15.61, 2019 stats., the terms of office of all members of the elections commission holding office on the effective date of this subsection shall expire on the effective date of this subsection.

AB981,137,16 (9) Implementation plan. The individual who is serving as the administrator of the elections commission on the date of publication of this act shall work in concert with the secretary of state to ensure a smooth transition and shall participate in formulating an implementation plan.

AB981,340 Section 340. Effective dates. This act takes effect on June 30, 2023, except as follows:

AB981,137,19 (1) Section 339 (9 ) of this act takes effect on the day after publication.

AB981,137,20 (End)