SB11: Bill Text

SB11,17,7 (3) Enforcement division. There is created in the ethics and elections accountability and control board an enforcement division.

SB11, s. 42 Section 42. 15.62 (intro.) and (1) of the statutes are repealed.

SB11, s. 43 Section 43. 15.62 (2) of the statutes is renumbered 15.61 (2) and amended to read:

SB11,17,16 15.61 (2) No member, when appointed, for one year immediately prior to the date of appointment or while serving on the board, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization, or a candidate for any partisan elective public office. No member may become a candidate for or hold any such office while serving on the board.

SB11, s. 44 Section 44. 15.62 (3) of the statutes is repealed.

SB11, s. 45 Section 45. 16.79 (2) of the statutes is amended to read:

SB11,18,2 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the ethics and elections accountability and control board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The ethics and elections accountability and control board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

SB11, s. 46 Section 46. 16.96 (3) (b) of the statutes is amended to read:

SB11,18,7 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the ethics and elections accountability and control board.

SB11, s. 47 Section 47. 17.17 (1) of the statutes is amended to read:

SB11,18,12 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the ethics and elections accountability and control board.

SB11, s. 48 Section 48. 17.17 (4) of the statutes is amended to read:

SB11,18,16 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the and ethics elections accountability and control board.

SB11, s. 49 Section 49. 19.42 (3) of the statutes is amended to read:

SB11,18,19 19.42 (3) "Board" means the ethics and elections accountability and control board.

SB11, s. 50 Section 50. 19.42 (10) (a) of the statutes is amended to read:

SB11,18,22 19.42 (10) (a) A member of the ethics and elections accountability and control board.

SB11, s. 51 Section 51. 19.42 (13) (p) of the statutes is created to read:

SB11,18,25 19.42 (13) (p) The members of the ethics and elections accountability and control board.

SB11, s. 52 Section 52. 19.43 (4) of the statutes is amended to read:

SB11,19,20 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the ethics and elections accountability and control board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the ethics and elections accountability and control board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

SB11, s. 53 Section 53. 19.43 (5) of the statutes is amended to read:

SB11,20,7 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics and elections accountability and control board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics and elections accountability and control board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution, or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

SB11, s. 54 Section 54. 19.45 (6) of the statutes is amended to read:

SB11,20,22 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

SB11, s. 55 Section 55. 19.46 (2) of the statutes is amended to read:

SB11,21,15 19.46 (2) Any individual, either personally or on behalf of an organization or governmental body, may request of the board an advisory opinion regarding the propriety of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. The board shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions issued under this subsection and requests therefor shall be in writing. The board's deliberations and actions upon such requests shall be in meetings not open to the public. It is prima facie evidence of intent to comply with this subchapter or subch. III of ch. 13 when a person refers a matter to the board and abides by the board's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion under this subsection or of individuals or organizations mentioned in the opinion.

SB11, s. 56 Section 56. 19.47 (2) of the statutes is repealed.

SB11, s. 57 Section 57. 19.47 (4) of the statutes is repealed.

SB11, s. 58 Section 58. 19.47 (5) of the statutes is amended to read:

SB11,22,5 19.47 (5) No later than September 1 of each year, the board shall submit a report concerning its actions in the preceding fiscal year to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Such The board shall submit a copy of its biennial report under s. 15.04 (1) (d) to the clerk of the supreme court. The board shall include in its biennial report shall contain the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued under s. 19.46 (2). The board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

SB11, s. 59 Section 59. 19.50 (2) of the statutes is amended to read:

SB11,22,11 19.50 (2) To administer oaths and to require by subpoena issued by it the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).

SB11, s. 60 Section 60. 19.54 (2) of the statutes is amended to read:

SB11,22,19 19.54 (2) An application for rehearing is governed by such general rules as the board may establish. Only one rehearing may be granted by the board. No order of the board pursuant to this subchapter or subch. III of ch.13 becomes effective until 20 days after it is issued, or while an application for rehearing or a rehearing is pending, or until 10 days after such application for rehearing is either denied, expressly or by implication, or the board has announced its final determination on rehearing.

SB11, s. 61 Section 61. 19.55 (1) of the statutes is amended to read:

SB11,23,5 19.55 (1) Except as provided in sub. (2), all records under this subchapter or subch. III of ch. 13 in the possession of the board are open to public inspection at all reasonable times. The board shall require an individual wishing to examine a statement of economic interests or the list of persons who inspect any statements which are in the board's possession to provide his or her full name and address, and if the individual is representing another person, the full name and address of the person which he or she represents. Such identification may be provided in writing or in person. The board shall record and retain for at least 3 years information obtained by it pursuant to this subsection. No individual may use a fictitious name or address or fail to identify a principal in making any request for inspection.

SB11, s. 62 Section 62. 19.55 (2) (a) to (c) of the statutes are amended to read:

SB11,23,16 19.55 (2) (a) Records obtained in connection with a request for an advisory opinion issued under s. 19.46 (2) other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested. The board may, however, make such records public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the board in connection with the request for an advisory opinion.

SB11,24,2 (b) Records obtained or prepared by the board in connection with an investigation under this subchapter or subch. III of ch. 13, except that the board shall permit inspection of records that are made public in the course of a hearing by the board to determine if a violation of this subchapter or subch. III of ch. 13 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they may be made public in the course of a prosecution initiated under this subchapter. The board shall also provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of workforce development or by a county child support agency under s. 59.53 (5).

SB11,24,9 (c) Statements of economic interests and reports of economic transactions which are filed with the ethics and elections accountability and control board by members or employees of the investment board, except that the ethics and elections accountability and control board shall refer statements and reports filed by such individuals to the legislative audit bureau for its review, and except that a statement of economic interests filed by a member or employee of the investment board who is also an official required to file shall be open to public inspection.

SB11, s. 63 Section 63. 19.59 (1) (g) 8. of the statutes is amended to read:

SB11,24,23 19.59 (1) (g) 8. No district board member, member of a district board member's immediate family, nor any organization with which the district board member or a member of the district board member's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from district funds unless the district board member has first made written disclosure of the nature and extent of such relationship or interest to the ethics and elections accountability and control board and to the district. Any contract or lease entered into in violation of this subdivision may be voided by the district in an action commenced within 3 years of the date on which the ethics and elections accountability and control board, or the district, knew or should have known that a violation of this subdivision had occurred. This subdivision does not affect the application of s. 946.13.

SB11, s. 64 Section 64. 19.85 (1) (h) of the statutes is amended to read:

SB11,25,3 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics and elections accountability and control board under s. 19.46 (2), or from any county or municipal ethics board under s. 19.59 (5).

SB11, s. 65 Section 65. 20.510 (intro.) of the statutes is amended to read.

SB11,25,8 20.510 Elections Ethics and elections accountability and control board. (intro.) There is appropriated from the general fund, except where otherwise indicated, to the ethics and elections accountability and control board for the following programs:

SB11, s. 66 Section 66. 20.510 (1) (a) of the statutes is amended to read:

SB11,25,14 20.510 (1) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule A sum sufficient for general program operations, including the printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and (4) and 11.21 (3) and (14), and including the training of election officials under s. ss. 5.05 (7) and 7.31.

SB11, s. 67 Section 67. 20.510 (1) (bm) of the statutes is repealed.

SB11, s. 68 Section 68. 20.510 (1) (h) of the statutes is amended to read:

SB11,26,2 20.510 (1) (h) Materials and services. The amounts in the schedule for the cost costs of publishing documents, locating and copying records, and conducting programs under s. 19.48 (9) and administrative meetings and conferences, for compiling, disseminating, and making available information prepared by and filed with the board under s. 19.48 (10), and for supplies, postage, and shipping. All moneys received by the board from collections for sales of publications, copies of records, and supplies, for postage, for shipping and records location fees, from fees assessed under s. 19.48 (9) and (10), and for charges assessed to participants in administrative meetings and conferences shall be credited to this appropriation account.

SB11, s. 69 Section 69. 20.510 (1) (i) of the statutes is amended to read:

SB11,26,6 20.510 (1) (i) General program operations; program revenue. The amounts in the schedule for general program operations. All moneys received from fees imposed under s. ss. 11.055 (1) and 13.75 shall be credited to this appropriation account.

SB11, s. 70 Section 70. 20.521 (intro.) of the statutes is repealed.

SB11, s. 71 Section 71. 20.521 (1) (title) of the statutes is repealed.

SB11, s. 72 Section 72. 20.521 (1) (a) of the statutes is repealed.

SB11, s. 73 Section 73. 20.521 (1) (g) of the statutes is repealed.

SB11, s. 74 Section 74. 20.521 (1) (h) of the statutes is renumbered 20.510 (1) (jm) and amended to read:

SB11,26,15 20.510 (1) (jm) Gifts and grants. All moneys received by the board from gifts, grants, and bequests and devises to carry out the purposes, not inconsistent with subch. III of ch. 13 or subch. III of ch. 19 the law, for which made or received.

SB11, s. 75 Section 75. 20.521 (1) (i) of the statutes is repealed.

SB11, s. 76 Section 76. 20.923 (4) (d) 3. of the statutes is repealed.

SB11, s. 77 Section 77. 20.923 (4) (d) 4. of the statutes is amended to read:

SB11,26,20 20.923 (4) (d) 4. Ethics and elections accountability and control board: executive director.

SB11, s. 78 Section 78. 22.07 (6) of the statutes is amended to read:

SB11,27,2 22.07 (6) With the advice of the ethics and elections accountability and control board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

SB11, s. 79 Section 79. 59.605 (3) (a) 3. of the statutes is amended to read:

SB11,27,22 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

SB11, s. 80 Section 80. 67.05 (3) (b) of the statutes is amended to read:

SB11,28,6 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a).

SB11, s. 81 Section 81. 67.05 (6) of the statutes is amended to read:

SB11,28,21 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB11, s. 82 Section 82. 71.10 (3) (b) of the statutes is amended to read:

SB11,29,19 71.10 (3) (b) The secretary of revenue shall ensure that space for the designations under par. (am) is provided on the face of the individual income tax return in a manner that is convenient to the individual filing the return. The secretary of revenue shall provide next to the place on the return where designation under par. (am) is made a statement that a designation will increase tax liability, that the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that by making a designation the individual is also claiming the credit. The department of revenue shall ensure that an individual may make the designation under par. (am) and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on the face of the individual income tax return. The secretary of revenue shall also provide and highlight a place in the instructions that accompany the return for information submitted to the secretary by the ethics and elections accountability and control board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the ethics and elections accountability and control board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year and the amount of designations made during that fiscal year for the general account and for the account of each eligible political party. If any individual designates an amount greater than the amount authorized under par. (am) or attempts to place any condition or restriction upon a designation not authorized under par. (am), that individual is deemed not to have made a designation on his or her tax return.

SB11, s. 83 Section 83. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB11,29,22 73.0301 (1) (d) 13. A license issued by the ethics and elections accountability and control board under s. 13.63 (1).

SB11, s. 84 Section 84. 73.0301 (1) (e) of the statutes is amended to read:

SB11,30,5 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics and elections accountability and control board; the department of financial institutions; the department of health and family services; the department of natural resources; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

SB11, s. 85 Section 85. 117.20 (2) of the statutes is amended to read:

SB11,30,17 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (5), (9), (11), (13), and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

SB11, s. 86 Section 86. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB11,30,23 117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

SB11, s. 87 Section 87. 121.91 (3) (c) of the statutes is amended to read:

SB11,31,11 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The limit otherwise applicable to the school district under sub. (2m) is increased by the amount approved by a majority of those voting on the question.

SB11, s. 88 Section 88. 125.05 (1) (b) 10. of the statutes is amended to read:

SB11,31,15 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the ethics and elections accountability and control board under ss. 5.64 (2) and 7.08 (1) (a).

SB11, s. 89 Section 89. 165.25 (1) of the statutes is amended to read:

SB11,32,4 165.25 (1) Represent state. Except as provided in s. ss. 5.05 (2m) (e) 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; and, 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 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).

SB11, s. 90 Section 90. 198.08 (10) of the statutes is amended to read: