11.50 (8) Lapsing grants. All grants disbursed to eligible candidates under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys received by an eligible candidate that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a an eligible candidate that are received at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.
109,1uge
Section 1uge. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:
11.50 (9) (a) The Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for the office of governor may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% 35% of the disbursement level specified for the applicable office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).
(c) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported.
(d) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.
109,1ugf
Section 1ugf. 11.50 (9) (b) of the statutes is created to read:
11.50 (9) (b) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for any other state office may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 40% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9).
109,1ugg
Section 1ugg. 11.50 (10) of the statutes is repealed.
109,1ugh
Section 1ugh. 11.50 (10m) of the statutes is amended to read:
11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement affidavit filed under s. 11.31 (2m) (a) and the candidate's statement filed under sub. (2) (a).
109,1ugi
Section 1ugi. 11.50 (11) (e) of the statutes is amended to read:
11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge in the affidavit required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).
109,1ugj
Section 1ugj. 11.50 (14) of the statutes is created to read:
11.50 (14) Certifications to secretary of revenue. (a) No later than July 1 of each year, the board shall certify to the secretary of revenue:
1. The name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).
2. The name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the date of the preceding general election.
(b) In each certification under this subsection, the board shall specify the expiration date of the certification.
109,1ugk
Section 1ugk. 11.60 (3r) of the statutes is created to read:
11.60 (3r) Notwithstanding sub. (1), any committee who violates s. 11.12 (6) (am) or (c) may be required to forfeit not more than $500 for each day of continued violation. If an amount of a disbursement or obligation reported under s. 11.12 (6) (am) or (c) varies from the actual amount of the disbursement or obligation by greater than 5%, the committee filing the report shall also be required to forfeit the total amount of the actual disbursement or obligation.
109,1ugL
Section 1ugL. 11.60 (4) of the statutes is amended to read:
11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.
109,2
Section 2. 11.61 (1) (a) of the statutes is amended to read:
11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.
109,2d
Section 2d. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.
109,3
Section 3. 11.61 (1) (b) of the statutes is amended to read:
11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.
109,4
Section 4. 12.60 (1) (a) of the statutes is amended to read:
12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.
109,5
Section 5. 13.05 of the statutes is amended to read:
13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.
109,6
Section 6. 13.06 of the statutes is amended to read:
13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq) and
, (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of electronic government administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.
13.101 (16) (b) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the tobacco control fund the lesser of $25,000,000 or 8.5% of the market value of the investments in the permanent endowment fund on June 1 in that year the proceeds of, and investment earnings on, investments of the permanent endowment fund in the prior calendar year.
109,8
Section 8. 13.525 of the statutes is created to read:
13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:
(a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.
(b) The attorney general or his or her designee.
(c) The secretary of corrections or his or her designee.
(d) The state public defender or his or her designee.
(e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.
(f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.
(2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.
(3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.
(4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.
(5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).
(b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:
1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys, and other state and local government agencies if the bill is enacted.
2. The consistency of penalties proposed in the bill with existing criminal penalties.
3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.
4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.
(c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.
(d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.
(6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.
13.58 (5) (a) 5. Upon receipt of strategic plans from the department of electronic government administration, the joint committee on legislative organization and the director of state courts, review and transmit comments concerning the plans to the entities submitting the plans.
13.58 (5) (b) 4. (intro.) With the concurrence of the joint committee on finance, direct the department of electronic government administration to report semiannually to the committee and the joint committee on finance concerning any specific information technology system project which is being designed, developed, tested or implemented and which the committees anticipate will have a total cost to the state exceeding $1,000,000 in the current or any succeeding fiscal biennium. The report shall include all of the following:
109,10
Section 10. 13.69 (6m) of the statutes is amended to read:
13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.
13.90 (6) The joint committee on legislative organization shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the chief information officer administrator of the division of electronic government in the department of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the legislature and legislative service agencies, as defined in s. 16.70 (6). The plan shall address the business needs of the legislature and legislative service agencies and shall identify all resources relating to information technology which the legislature and legislative service agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the legislature and legislative service agencies under the plan.
13.93 (2) (h) Approve specifications and scheduling for computer databases containing the Wisconsin statutes and for the printing of the Wisconsin statutes as prescribed in ss. 22.03 16.971 (6) and 35.56 (5).
109,11m
Section 11m. 13.94 (1) (bm), (bp) and (br) of the statutes are created to read:
13.94 (1) (bm) 1. Conduct a management and performance evaluation audit of every large program at least once each 5 years. In this paragraph "large program" means a program, as described in s. 20.003 (3), under s. 20.255 (2), 20.285 (1), 20.292 (1), 20.395 (1), (2), or (3), 20.410 (1) or (3), 20.435 (2), (3), (4), or (6), 20.445 (1) or (3), or 20.835 (1), (2), (3), or (4).
2. The audit must include an appraisal of all management practices, operating procedures, and organizational structures related to the program. The audit may be conducted in conjunction with the audit under par. (b) or separately. Within 30 days after completion of the audit, the bureau shall file with the joint legislative audit committee, the appropriate standing committees, and the joint committee on legislative organization, under s. 13.172 (3), the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau, and the state department, board, commission, or independent agency that administers the program audited, a detailed report thereof, including its recommendations for improvement and efficiency and including specific instances, if any, of illegal or improper expenditures.
(bp) 1. Conduct a management and performance evaluation audit to review supervisor-to-staff ratios in every large agency at least once each 5 years. In this paragraph "large agency" means an agency created under ch. 15 and that has more than 100 full-time equivalent positions.
2. The audit may be conducted in conjunction with the audit under par. (b) or (bm) or separately. Within 30 days after completion of the audit, the bureau shall file with the joint legislative audit committee, the appropriate standing committees, and the joint committee on legislative organization, under s. 13.172 (3), the governor, the department of administration, the legislative reference bureau, the joint committee on finance, the legislative fiscal bureau, and the state department, board, commission, or independent agency audited, a detailed report thereof, including its recommendations for improvement and efficiency.
(br) Maintain a toll-free telephone number with voice mail at the bureau's office to receive reports of fraud, waste, or abuse in state government. The bureau shall relay these reports to the appropriate bureau employee for investigation. The bureau shall publicize the toll-free telephone number on the bureau's website. The bureau shall maintain records that permit the release of information provided by informants while protecting the identity of the informant. Any records maintained by the bureau which relate to the identity of informants shall be only for the confidential use of the bureau in the administration of this section, unless the informant expressly agrees to release the records. Appearance in court as a witness shall not be considered consent by an informant to release confidential records maintained by the bureau.
14.20 (1) (a) "Local governmental unit" has the meaning given in s. 22.01 16.97 (7).
15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).
15.07 (2) (L) The governor shall serve as chairperson of the information technology management board and the chief information officer administrator of the division of electronic government in the department of administration shall serve as secretary of that board.
109,13p
Section 13p. 15.103 (6) of the statutes is created to read:
15.103 (6) There is created in the department of administration a division of electronic government.
109,13q
Section 13q. 15.105 (25) of the statutes is repealed.
109,14
Section 14. 15.105 (27) of the statutes is created to read:
15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:
1. The attorney general or his or her designee.
2. The state public defender or his or her designee.
3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.
