Amendment AA10-SB70

SB70-AA10,337,20 1. The commission determines that the cost is reasonable.

SB70-AA10,337,21 2. The cost is specified under par. (c).

SB70-AA10,338,3 3. If applicable, the commission determines that the rate paid by the county or municipality for the cost does not exceed the rate customarily paid for similar costs at a primary or election that is not a special primary or election.

SB70-AA10,338,7 4. If the special primary or election coincides with a primary or election that is not a special primary or election, the commission determines that the cost does not exceed the amount that would be incurred if the primaries or elections did not coincide.

SB70-AA10,338,8 (c) Only the following costs are eligible for reimbursement under par. (a):

SB70-AA10,338,9 1. Rental payments for polling places.

SB70-AA10,338,11 2. Election day wages paid under s. 7.03 to election officials working at the polls.

SB70-AA10,338,12 3. Costs for the publication of required election notices.

SB70-AA10,338,13 4. Printing and postage costs for absentee ballots and envelopes.

SB70-AA10,338,14 5. Costs for the design and printing of ballots and poll books.

SB70-AA10,338,16 6. Purchase of ballot bags or containers, including ties or seals for chain of custody purposes.

SB70-AA10,338,17 7. Costs to program electronic voting machines.

SB70-AA10,338,18 8. Purchase of memory devices for electronic voting machines.

SB70-AA10,338,19 9. Wages paid to conduct a county canvass.

SB70-AA10,338,20 10. Data entry costs for the statewide voter registration system.

SB70-AA10,728 Section 728. 20.510 (1) (f) of the statutes is created to read:

SB70-AA10,338,24 20.510 (1) (f) Local aids for special elections. A sum sufficient to reimburse counties and municipalities for certain special primary or election costs under s. 5.05 (11m).”.

SB70-AA10,339,1 306. Page 374, line 11: after that line insert:

SB70-AA10,339,2 “ Section 729. 5.02 (20) of the statutes is amended to read:

SB70-AA10,339,7 5.02 (20) “Special primary" means the primary held 4 weeks before the special election, except as provided in s. 8.50 (4m) and 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 general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

SB70-AA10,730 Section 730. 5.02 (22) of the statutes is amended to read:

SB70-AA10,339,12 5.02 (22) “Spring primary" means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and partisan candidates to be voted for at a special election under s. 8.50 (4m).

SB70-AA10,731 Section 731. 8.50 (intro.) of the statutes is amended to read:

SB70-AA10,340,4 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-AA10,732 Section 732. 8.50 (2) (a) and (b) of the statutes are amended to read:

SB70-AA10,340,15 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-AA10,340,23 (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-AA10,733 Section 733. 8.50 (3) (a) of the statutes is amended to read:

SB70-AA10,341,16 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-AA10,734 Section 734. 8.50 (4) (b) of the statutes is repealed.

SB70-AA10,735 Section 735. 8.50 (4m) of the statutes is created to read:

SB70-AA10,341,21 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-AA10,342,2 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-AA10,342,6 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-AA10,342,10 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-AA10,342,13 (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-AA10,342,14 (c) A vacancy filled under par. (a) shall be for the residue of the unexpired term.

SB70-AA10,736 Section 736. 17.18 of the statutes is amended to read:

SB70-AA10,342,19 17.18 Vacancies, U.S. senator and representative in congress; how filled. Vacancies in the office of U.S. senator or representative in congress from this state shall be filled by election, as provided in s. 8.50 (4) (b), for the residue of the unexpired term (4m).”.

SB70-AA10,342,20 307. Page 374, line 11: after that line insert:

SB70-AA10,342,21 “ Section 737. 20.510 (1) (g) of the statutes is amended to read:

SB70-AA10,343,2 20.510 (1) (g) Recount fees. The amounts in the schedule All moneys received on account of recount petitions filed with the commission, to be apportioned to the commission and the county clerks or county board of election commissioners as prescribed in s. 9.01 (1) (ag). All moneys received on account of recount petitions filed with the commission shall be credited to this appropriation account.” .

SB70-AA10,343,3 308. Page 374, line 11: after that line insert:

SB70-AA10,343,4 “ Section 738. 13.09 (7) of the statutes is created to read:

SB70-AA10,343,8 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-AA10,343,9 309. Page 374, line 11: after that line insert:

SB70-AA10,343,10 “ Section 47m. 17.03 (10m) of the statutes is created to read:

SB70-AA10,343,13 17.03 (10m) If the office is filled by appointment of the governor for a fixed term by and with the advice and consent of the senate, the incumbent's term expires or, if later, the governor submits his or her nomination for the office to the senate.”.

SB70-AA10,343,14 310. Page 374, line 11: after that line insert:

SB70-AA10,343,15 “ Section 1e. 13.127 of the statutes is repealed.” .

SB70-AA10,343,16 311. Page 374, line 11: after that line insert:

SB70-AA10,343,17 “ Section 739. 13.365 of the statutes is repealed.

SB70-AA10,740 Section 740. 13.56 (2) of the statutes is amended to read:

SB70-AA10,344,3 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-AA10,741 Section 741. 13.90 (2) of the statutes is amended to read:

SB70-AA10,344,15 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-AA10,742 Section 742. 165.25 (1) of the statutes is amended to read:

SB70-AA10,344,25 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

SB70-AA10,743 Section 743. 165.25 (1m) of the statutes is amended to read:

SB70-AA10,345,11 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

SB70-AA10,744 Section 744. 803.09 (2m) of the statutes is repealed.

SB70-AA10,745 Section 745. 806.04 (11) of the statutes is amended to read:

SB70-AA10,346,19 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes 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. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule, as defined in s. 227.01 (13), is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization, or the assembly committee on organization may intervene as a party to the proceedings and be heard.

SB70-AA10,746 Section 746. 809.13 of the statutes is amended to read:

SB70-AA10,346,25 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1), or (2), or (2m).

SB70-AA10,747 Section 747. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

SB70-AA10,347,3 CHAPTER 893

SB70-AA10,347,7 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS, AND EMPLOYEES; STATUTORY CHALLENGES

SB70-AA10,748 Section 748. 893.825 of the statutes is repealed.”.

SB70-AA10,347,9 312. Page 374, line 11: after that line insert:

SB70-AA10,347,10 “ Section 749L. 13.124 of the statutes is repealed.”.

SB70-AA10,347,11 313. Page 374, line 11: after that line insert:

SB70-AA10,347,12 “ Section 750. 227.10 (2g) of the statutes is repealed.

SB70-AA10,751 Section 751. 227.11 (title) of the statutes is amended to read:

SB70-AA10,347,15 227.11 (title) Agency Extent to which chapter confers rule-making authority.

SB70-AA10,752 Section 752. 227.11 (3) of the statutes is repealed.

SB70-AA10,753 Section 753. 227.13 of the statutes is amended to read:

SB70-AA10,348,2 227.13 Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency may also appoint a committee of experts, interested persons or representatives of the public to advise it with respect to any contemplated rule making. Such a The committee shall have advisory powers only. Whenever an agency appoints a committee under this section, the agency shall submit a list of the members of the committee to the joint committee for review of administrative rules.

SB70-AA10,754 Section 754. 227.26 (2) (im) of the statutes is repealed.

SB70-AA10,755 Section 755. 227.57 (11) of the statutes is amended to read:

SB70-AA10,348,8 227.57 (11) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.”.

SB70-AA10,348,9 314. Page 374, line 11: after that line insert:

SB70-AA10,348,10 “ Section 756. 5.056 of the statutes is amended to read:

SB70-AA10,348,19 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 weekly.

SB70-AA10,757 Section 757. 6.256 of the statutes is created to read:

SB70-AA10,348,24 6.256 Facilitating registration of electors. (1) The commission shall use all feasible means to facilitate the registration of all eligible electors of this state and the maintenance of the registration of all eligible electors for so long as they remain eligible.

SB70-AA10,349,4 (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:

SB70-AA10,349,8 (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:

SB70-AA10,349,10 1. The current address of the individual together with any address history and any name history maintained by the department of transportation.