Amendment ASA3-SB1

SB1-ASA3,45,22 5.05 (5s) (f) Records obtained in connection with a request for an advisory opinion issued under s. 5.05 (6a), 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, are not subject to the right of inspection and copying under s. 19.35 (1). 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.

SB1-ASA3, s. 118 Section 118. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and amended to read:

SB1-ASA3,46,4 5.05 (5s) (intro.) Records obtained or prepared by the board in connection with an investigation, including the full text of any complaint received by the board, are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (d) and except that the:

SB1-ASA3,46,9 (a) 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 chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they

SB1-ASA3,46,12 (b) Investigatory records of the board may be made public in the course of a prosecution initiated under this subchapter chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.

SB1-ASA3,46,16 (c) 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).

SB1-ASA3, s. 119 Section 119. 19.55 (2) (c) of the statutes is amended to read:

SB1-ASA3,46,24 19.55 (2) (c) Statements of economic interests and reports of economic transactions which are filed with the ethics government accountability and integrity board by members or employees of the investment board, except that the ethics government accountability and integrity 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.

SB1-ASA3, s. 120 Section 120. 19.579 (title) of the statutes is amended to read:

SB1-ASA3,47,1 19.579 (title) Civil penalty penalties.

SB1-ASA3, s. 121 Section 121. 19.579 of the statutes is renumbered 19.579 (2).

SB1-ASA3, s. 122 Section 122. 19.59 (1) (g) 8. of the statutes is amended to read:

SB1-ASA3,47,16 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 government accountability and integrity 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 government accountability and integrity 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.

SB1-ASA3, s. 123 Section 123. 19.59 (8) (a) and (b) of the statutes are amended to read:

SB1-ASA3,47,20 19.59 (8) (a) Subsection (1) shall be enforced in the name and on behalf of the state by action of the district attorney of any county wherein a violation may occur board, upon the verified complaint of any person.

SB1-ASA3,47,25 (b) In addition and supplementary to the remedy provided in sub. (7), the district attorney board may commence an action, separately or in conjunction with an action brought to obtain the remedy provided in sub. (7), to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.

SB1-ASA3, s. 124 Section 124. 19.59 (8) (c) of the statutes is repealed.

SB1-ASA3, s. 125 Section 125. 19.59 (8) (cn) and (d) of the statutes are repealed.

SB1-ASA3, s. 126 Section 126. 19.85 (1) (fm) of the statutes is created to read:

SB1-ASA3,48,5 19.85 (1) (fm) Deliberating by the government accountability and integrity board concerning any investigation under the board's jurisdiction.

SB1-ASA3, s. 127 Section 127. 19.85 (1) (h) of the statutes is amended to read:

SB1-ASA3,48,9 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics government accountability and integrity board under s. 19.46 (2) 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

SB1-ASA3, s. 128 Section 128. 20.510 (intro.) of the statutes is repealed.

SB1-ASA3, s. 129 Section 129. 20.510 (1) (title) of the statutes is repealed.

SB1-ASA3, s. 130 Section 130. 20.510 (1) (a) of the statutes is repealed.

SB1-ASA3, s. 131 Section 131. 20.510 (1) (bm) of the statutes is repealed.

SB1-ASA3, s. 132 Section 132. 20.510 (1) (c) of the statutes is repealed.

SB1-ASA3, s. 133 Section 133. 20.510 (1) (d) of the statutes is repealed.

SB1-ASA3, s. 134 Section 134. 20.510 (1) (g) of the statutes is repealed.

SB1-ASA3, s. 135 Section 135. 20.510 (1) (h) of the statutes is repealed.

SB1-ASA3, s. 136 Section 136. 20.510 (1) (i) of the statutes is repealed.

SB1-ASA3, s. 137 Section 137. 20.510 (1) (j) of the statutes is repealed.

SB1-ASA3, s. 138 Section 138. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB1-ASA3, s. 139 Section 139. 20.510 (1) (t) of the statutes is repealed.

SB1-ASA3, s. 140 Section 140. 20.510 (1) (x) of the statutes is repealed.

SB1-ASA3, s. 141 Section 141. 20.521 (intro.) of the statutes is repealed.

SB1-ASA3, s. 142 Section 142. 20.521 (1) (title) of the statutes is repealed.

SB1-ASA3, s. 143 Section 143. 20.521 (1) (a) of the statutes is repealed.

SB1-ASA3, s. 144 Section 144. 20.521 (1) (b) of the statutes is repealed.

SB1-ASA3, s. 145 Section 145. 20.521 (1) (g) of the statutes is repealed.

SB1-ASA3, s. 146 Section 146. 20.521 (1) (h) of the statutes is repealed.

SB1-ASA3, s. 147 Section 147. 20.521 (1) (i) of the statutes is repealed.

SB1-ASA3, s. 148 Section 148. 20.923 (4) (intro.) of the statutes is amended to read:

SB1-ASA3,50,5 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations, the administrator of the enforcement division in the government accountability and integrity board, and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i). Except for positions specified in par. pars. (c) 3m. and (e) 2e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

SB1-ASA3, s. 149 Section 149. 20.923 (4) (d) 3. of the statutes is repealed.

SB1-ASA3, s. 150 Section 150. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-ASA3, s. 151 Section 151. 20.923 (4) (e) 2e. of the statutes is created to read:

SB1-ASA3,50,10 20.923 (4) (e) 2e. Government accountability and integrity board: administrator of the enforcement division.

SB1-ASA3, s. 152 Section 152. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-ASA3,50,13 20.923 (4) (f) 3j. Government accountability and integrity board: executive director.

SB1-ASA3, s. 153 Section 153. 20.930 of the statutes is amended to read:

SB1-ASA3,50,17 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 46.27 (7g) (h), 49.496 (3) (f) and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

SB1-ASA3, s. 154 Section 154. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-ASA3,51,13 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 elections government accountability and integrity 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)."

SB1-ASA3, s. 155 Section 155. 67.05 (3) (b) of the statutes is amended to read:

SB1-ASA3,51,22 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 elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a).

SB1-ASA3, s. 156 Section 156. 67.05 (6) of the statutes is amended to read:

SB1-ASA3,52,12 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 elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB1-ASA3, s. 157 Section 157. 71.10 (3) (b) of the statutes is amended to read:

SB1-ASA3,52,22 71.10 (3) (b) The secretary of revenue shall provide a place for those designations on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the elections government accountability and integrity board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return.

SB1-ASA3, s. 158 Section 158. 71.10 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA3,53,22 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 government accountability and integrity board and integrity under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the government accountability and integrity 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.

SB1-ASA3, s. 159 Section 159. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB1-ASA3,53,25 73.0301 (1) (d) 13. A license issued by the ethics government accountability and integrity board under s. 13.63 (1).

SB1-ASA3, s. 160 Section 160. 73.0301 (1) (e) of the statutes is amended to read:

SB1-ASA3,54,8 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics government accountability and integrity 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.

SB1-ASA3, s. 161 Section 161. 85.61 (1) of the statutes is amended to read:

SB1-ASA3,54,18 85.61 (1) The secretary of transportation and the executive director of the elections government accountability and integrity board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections government accountability and integrity board under s. 6.36 (1) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the executive director of the elections government accountability and integrity board to verify the accuracy of the information provided for the purpose of voter registration.

SB1-ASA3, s. 162 Section 162. 117.20 (2) of the statutes is amended to read:

SB1-ASA3,55,5 117.20 (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 (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 elections government accountability and integrity 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.

SB1-ASA3, s. 163 Section 163. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB1-ASA3,55,11 117.27 (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 elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be:

SB1-ASA3, s. 164 Section 164. 121.91 (3) (c) of the statutes is amended to read:

SB1-ASA3,55,23 121.91 (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 elections government accountability and integrity 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.

SB1-ASA3, s. 165 Section 165. 125.05 (1) (b) 10. of the statutes is amended to read:

SB1-ASA3,56,3 125.05 (1) (b) 10. Each question submitted to the electors shall conform to the form prescribed by the elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a).

SB1-ASA3, s. 166 Section 166. 165.25 (1) of the statutes is amended to read:

SB1-ASA3,56,17 165.25 (1) Represent state. Except as provided in s. ss. 5.05 (2m) (c) 2. 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).

SB1-ASA3, s. 167 Section 167. 198.08 (10) of the statutes is amended to read:

SB1-ASA3,57,5 198.08 (10) Election statistics. The clerk of the district shall seasonably obtain, compile, and file in his or her office, for the information of the public, a statement showing the total number of votes cast for the office of governor in the last preceding general election in each subdistrict of the district. The clerk of every municipality and the elections government accountability and integrity board shall furnish such information so far as obtainable from their records, duly certified, to the clerk of the district upon request therefor by the clerk of the district. If the total number of votes cast in any subdistrict for the office of governor in the last preceding election cannot, because of an intervening change of boundaries of election wards or for any reason, be ascertained from any official record the clerk of the district shall fairly estimate such number for the purposes of such statement to be filed in his or her office.

SB1-ASA3, s. 168 Section 168. 200.09 (11) (am) 3. of the statutes is amended to read:

SB1-ASA3,57,11 200.09 (11) (am) 3. If the governing bodies of each city, town, and village comprising the district pass a resolution to discontinue election of commissioners, each commissioner may hold office until a successor is appointed and qualified. The commission shall immediately notify the elections government accountability and integrity board under s. 5.05 upon passage of a resolution under this subdivision.

SB1-ASA3, s. 169 Section 169. 227.03 (6) of the statutes is amended to read:

SB1-ASA3,57,14 227.03 (6) Orders of the elections government accountability and integrity board under s. 5.06 (6) are not subject to this chapter.

SB1-ASA3, s. 170 Section 170. 227.45 (1) of the statutes is amended to read:

SB1-ASA3,57,24 227.45 (1) Except as provided in ss. 19.52 (3) and s. 901.05, an agency or hearing examiner shall not be bound by common law or statutory rules of evidence. The agency or hearing examiner shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. The agency or hearing examiner shall give effect to the rules of privilege recognized by law. Basic principles of relevancy, materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.

SB1-ASA3, s. 171 Section 171. 227.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA3,58,5 227.46 (1) (intro.) Except as provided under s. 227.43 (1), an agency may designate an official of the agency or an employee on its staff or borrowed from another agency under s. 20.901 or 230.047 as a hearing examiner to preside over any contested case. In hearings under s. 19.52, a reserve judge shall be appointed. Subject to rules of the agency, examiners presiding at hearings may:

SB1-ASA3, s. 172 Section 172. 227.52 (6) of the statutes is amended to read: