AB68: Bill Text

AB68,33 Section 33 . 7.52 (1) (a) of the statutes is amended to read:

AB68,215,20 7.52 (1) (a) The governing body of any municipality may provide by ordinance that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall, at each election held in the municipality, canvass all absentee ballots received by the municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this subsection, the municipal clerk or board of election commissioners of the municipality shall notify the elections commission in writing of the proposed enactment and shall consult with the elections commission concerning administration of this section. At every election held in the municipality following enactment of an ordinance under this subsection, the board of absentee ballot canvassers shall, between 7 a.m. and 8 p.m. on the day before the election if authorized for that election under s. 7.525 or any time after the opening of the polls and before 10 p.m. on election day, publicly convene to count the absentee ballots for the municipality. The municipal clerk shall give at least 48 hours' notice of any meeting under this subsection. Any member of the public has the same right of access to a meeting of the municipal board of absentee ballot canvassers under this subsection that the individual would have under s. 7.41 to observe the proceedings at a polling place. The board of absentee ballot canvassers may order the removal of any individual exercising the right to observe the proceedings if the individual disrupts the meeting.

AB68,34 Section 34. 7.52 (5) (b) of the statutes is amended to read:

AB68,216,16 7.52 (5) (b) For the purpose of deciding upon ballots that are challenged for any reason, the board of absentee ballot canvassers may call before it any person whose absentee ballot is challenged if the person is available to be called. If the person challenged refuses to answer fully any relevant questions put to him or her by the board of absentee ballot canvassers under s. 6.92, the board of absentee ballot canvassers shall reject the person's vote. If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the members of the board of absentee ballot canvassers shall administer to the person the following oath or affirmation: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 28 10 consecutive days have been a resident of this ward except under s. 6.02 (2), stats.; you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election." If the person challenged refuses to take the oath or affirmation, the person's vote shall be rejected. If the person challenged answers fully all relevant questions put to the elector by the board of absentee ballot canvassers under s. 6.92, takes the oath or affirmation, and fulfills the applicable registration requirements, and if the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the person's vote shall be received.

AB68,35 Section 35 . 7.52 (10) of the statutes is created to read:

AB68,216,20 7.52 (10) If, subject to s. 7.525, absentee ballots begin being canvassed under this section on the day before the election, no action under subs. (4) to (8) may be performed before election day.

AB68,36 Section 36 . 7.525 of the statutes is created to read:

AB68,216,25 7.525 Early canvassing of absentee ballots. (1) Authorizing early canvassing; requirements. (a) 1. The municipal clerk or municipal board of election commissioners may elect to begin the canvassing of absentee ballots received by the municipal clerk on the day before any election.

AB68,217,3 2. Prior to the canvass under subd. 1., the municipal clerk or municipal board of election commissioners shall notify the elections commission in writing and shall consult with the elections commission concerning administration of this section.

AB68,217,6 (b) Ballots may be canvassed early under this section only between 7 a.m. and 8 p.m. on the day before the election and may not be tallied until after the polls close on election day.

AB68,217,9 (c) Any member of the public has the same right of access to a place where absentee ballots are being canvassed early under this section that the individual would have under s. 7.41 to observe the proceedings at a polling place.

AB68,217,13 (d) When not in use, automatic tabulating equipment used for purposes of this section and the areas where the programmed media, memory devices, and ballots are housed shall be secured with tamper-evident security seals in a double-lock location such as a locked cabinet inside a locked office.

AB68,217,17 (e) No person may act in any manner that would give him or her the ability to know or to provide information on the accumulating or final results from the ballots canvassed early under this section before the close of the polls on election day. A person who violates this paragraph is guilty of a Class I felony.

AB68,217,19 (2) Notice requirements. Absentee ballots may not begin being canvassed early under this section for any election unless all of the following apply:

AB68,217,23 (a) At least 70 days before the election the municipal clerk or executive director of the municipal board of election commissioners notifies in writing the county clerk or executive director of the county board of election commissioners that early canvassing of absentee ballots will take place in the election.

AB68,217,25 (b) The notice under s. 10.01 (2) (e) specifies the date and time during which, and each location where, the early canvassing of absentee ballots will be conducted.

AB68,37 Section 37. 8.50 (intro.) of the statutes is amended to read:

AB68,218,16 8.50 Special elections. (intro.) Unless otherwise provided, this section applies to filling vacancies in the U.S. senate and house of representatives, executive state offices except the offices of governor, lieutenant governor, and district attorney, judicial and legislative state offices, county, city, village, and town offices, and the offices of municipal judge and member of the board of school directors in school districts organized under ch. 119. State legislative offices may be filled in anticipation of the occurrence of a vacancy whenever authorized in sub. (4) (e). No Except as provided in sub. (4m), no special election may be held after February 1 preceding the spring election unless it is held on the same day as the spring election, nor after August 1 preceding the general election unless it is held on the same day as the general election, until the day after that election. If the special election is held on the day of the general election, the primary for the special election, if any, shall be held on the day of the partisan primary. If the special election is held on the day of the spring election, the primary for the special election, if any, shall be held on the day of the spring primary.

AB68,38 Section 38 . 8.50 (2) of the statutes is amended to read:

AB68,219,2 8.50 (2) Date of special election. (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.

AB68,219,10 (b) If Except as provided in sub. (4m), if a primary is required, the primary shall be on the day 4 weeks before the day of the special election except when the special election is held on the same day as the general election the special primary shall be held on the same day as the partisan primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary, and except when the special election is held on the Tuesday after the first Monday in November of an odd-numbered year, the primary shall be held on the 2nd Tuesday of August in that year.

AB68,39 Section 39 . 8.50 (3) (a) of the statutes is amended to read:

AB68,220,2 8.50 (3) (a) Nomination Except as provided in sub. (4m), nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the ethics commission no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB68,40 Section 40 . 8.50 (4) (b) of the statutes is repealed.

AB68,41 Section 41 . 8.50 (4m) of the statutes is created to read:

AB68,220,7 8.50 (4m) Special elections for national office. (a) Except as provided in par. (b), a vacancy in the office of U.S. senator or representative in congress shall be filled as soon as practicable in the following manner:

AB68,220,12 1. At a special election to be held on the 3rd Tuesday in May following the first day of the vacancy. The special primary shall be held concurrently with the spring primary on the 3rd Tuesday in February. The first day for circulating nomination papers shall be November 1 and the papers shall be filed no later 5 p.m. on the first Tuesday in December preceding the primary.

AB68,220,16 2. At a special election to be held on the 2nd Tuesday in August following the first day of the vacancy. The special primary shall be held on the 3rd Tuesday in May in that year. The first day for circulating nomination papers shall be February 1 and the papers shall be filed no later than 5 p.m. on the first Tuesday in March.

AB68,220,20 3. At a special election to be held on the Tuesday after the first Monday in November following the first day of the vacancy. The special primary shall be held on the 2nd Tuesday in August in that year. Nomination papers shall be circulated and as filed as provided under s. 8.15.

AB68,220,23 (b) A special election shall not be held under par. (a) 3. in any year in which the general election is held for that office, but, instead, the vacancy shall be filled at the partisan primary and general election.

AB68,220,24 (c) A vacancy filled under par. (a) shall be for the residue of the unexpired term.

AB68,42 Section 42 . 13.124 of the statutes is repealed.

AB68,43 Section 43. 13.127 of the statutes is repealed.

AB68,44 Section 44 . 13.365 of the statutes is repealed.

AB68,45 Section 45. 13.48 (20m) (c) of the statutes is amended to read:

AB68,221,6 13.48 (20m) (c) The building commission may authorize up to $25,000,000 in general fund supported borrowing under par. (b), including up to $3,000,000 for the project described in par. (d).

AB68,46 Section 46 . 13.48 (20m) (d) of the statutes is created to read:

AB68,221,15 13.48 (20m) (d) 1. The legislature finds and determines that supporting entrepreneurs and innovators, providing facilities for job training, and promoting dynamic community revitalization and development are of vital importance in creating jobs and contributing to economic development and tourism in this state and are statewide responsibilities of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist the Incourage Community Foundation, Inc., in redeveloping the former Daily Tribune building in the city of Wisconsin Rapids into an economic and community hub.

AB68,221,23 2. The building commission may under this subsection assist the Incourage Community Foundation, Inc., in redeveloping the former Daily Tribune building in the city of Wisconsin Rapids into an economic and community hub. The state funding commitment shall be in the form of a grant to the Incourage Community Foundation, Inc. Before approving any state funding commitment for redeveloping the former Daily Tribune building, the building commission shall determine that the Incourage Community Foundation, Inc., has secured additional funding for the project from nonstate revenue sources at least equal to the state's grant.

AB68,222,3 3. If the building commission authorizes a grant to the Incourage Community Foundation, Inc., under subd. 2., and if, for any reason, the facility that is redeveloped with funds from the grant is not used for an economic and community hub, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB68,47 Section 47. 13.48 (26) of the statutes is amended to read:

AB68,223,3 13.48 (26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, and the safe drinking water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, and the safe drinking water loan program and the land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act. If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.

AB68,48 Section 48 . 13.48 (26m) of the statutes is created to read:

AB68,223,10 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.

AB68,49 Section 49 . 13.56 (2) of the statutes is amended to read:

AB68,223,20 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).

AB68,50 Section 50. 13.75 (1g) (b) of the statutes is amended to read:

AB68,223,22 13.75 (1g) (b) Filing the principal registration form under s. 13.64, $375 $430.

AB68,51 Section 51. 13.75 (1g) (d) of the statutes is amended to read:

AB68,223,24 13.75 (1g) (d) Filing an authorization statement under s. 13.65, $125 $180.

AB68,52 Section 52 . 13.90 (2) of the statutes is amended to read:

AB68,224,11 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).

AB68,53 Section 53. 13.94 (intro.) of the statutes is amended to read:

AB68,225,4 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.

AB68,54 Section 54. 13.94 (1) (b) of the statutes is amended to read:

AB68,225,19 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.

AB68,55 Section 55. 13.94 (1) (e) of the statutes is amended to read:

AB68,226,2 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).

AB68,56 Section 56. 13.94 (1) (os) of the statutes is repealed.

AB68,57 Section 57. 13.94 (1s) (a) of the statutes is amended to read:

AB68,226,10 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).

AB68,58 Section 58 . 14.46 of the statutes is created to read:

AB68,226,17 14.46 Assistant secretary of state. The secretary of state may appoint an assistant secretary of state who may perform and execute any duty or power of the secretary of state, except duties and powers the secretary of state performs as a member of the board of commissioners of public lands. The assistant secretary of state shall take and file the official oath and shall file an official bond in the sum and with the conditions as the secretary of state prescribes.

AB68,59 Section 59. 15.01 (6) of the statutes is amended to read:

AB68,227,5 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of credit unions and the office of the student loan ombudsman in the department of financial institutions, the office of the inspector general in the department of children and families, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of “division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of “bureau" under this subsection.

AB68,60 Section 60. 15.02 (1) of the statutes is amended to read:

AB68,227,10 15.02 (1) Separate constitutional offices. The governor, lieutenant governor, secretary of state, and state treasurer each head a staff to be termed the “office" of the respective constitutional officer. Each of those offices shall be attached to the department of administration under s. 15.03.

AB68,61 Section 61. 15.02 (3) (c) 1. of the statutes is amended to read:

AB68,227,19 15.02 (3) (c) 1. The principal subunit of the department is the “division". Each division shall be headed by an “administrator". The office of credit unions and the office of the student loan ombudsman in the department of financial institutions and the office of children's mental health in the department of health services have the meaning of “division" and the director of credit unions in the department of financial institutions and the director of the office of children's mental health in the department of health services have the meaning of “administrator" under this subdivision.

AB68,62 Section 62. 15.03 of the statutes is amended to read:

AB68,228,11 15.03 Attachment for limited purposes. Any division, office, commission, council, or board attached under this section to a department or independent agency or a specified division thereof or constitutional office shall be a distinct unit of that department, independent agency, or specified division or constitutional office. Any division, office, commission, council, or board so attached shall exercise its powers, duties, and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council, or board, independently of the head of the department or independent agency, but budgeting, program coordination , and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

AB68,63 Section 63 . 15.07 (1) (a) 3. of the statutes is amended to read:

AB68,228,15 15.07 (1) (a) 3. Members of the employee trust funds board appointed or elected under s. 15.16 (1) (a), (b), (d) and (f) (cm) 1. a. to e., 2. a. to d., and 3. shall be appointed or elected as provided in that section.

AB68,64 Section 64. 15.07 (1) (b) 15m. of the statutes is amended to read:

AB68,228,18 15.07 (1) (b) 15m. The members of the state fair park board appointed under s. 15.445 (4) 15.105 (38r) (a) 3. to 5.

AB68,65 Section 65. 15.07 (1) (b) 20. of the statutes is amended to read:

AB68,228,21 15.07 (1) (b) 20. The 3 members of the Kickapoo reserve management board appointed under s. 15.445 (2) 15.105 (38) (b) 3.

AB68,66 Section 66. 15.07 (2) (h) of the statutes is amended to read:

AB68,228,25 15.07 (2) (h) The chairperson of the state fair park board shall be designated annually by the governor from among the members appointed under s. 15.445 (4) 15.105 (38r) (a) 3., 4. and 5.

AB68,67 Section 67. 15.07 (3) (bm) 7. of the statutes is created to read:

AB68,229,3 15.07 (3) (bm) 7. The prescription drug affordability review board shall meet at least 4 times each year.

AB68,68 Section 68 . 15.07 (5) (f) of the statutes is amended to read:

AB68,229,8 15.07 (5) (f) Members of the teachers retirement board, appointive members of the Wisconsin retirement board, appointive Appointive members of the group insurance board, members of the deferred compensation board, and members of the employee trust funds board, $25 per day.

AB68,69 Section 69 . 15.105 (34) of the statutes is created to read:

AB68,229,14 15.105 (34) Office of environmental justice. There is created in the department of administration an office to be known as the office of environmental justice. The office shall be under the direction and supervision of a director, who shall be appointed by the secretary of administration to serve at the pleasure of the secretary.

AB68,70 Section 70 . 15.105 (35) of the statutes is created to read:

AB68,229,18 15.105 (35) Office of sustainability and clean energy. There is created in the department of administration an office to be known as the office of sustainability and clean energy.

AB68,71 Section 71 . 15.105 (38s) of the statutes is created to read: