SB1,25,3
1913.23 Election contests; notice. Any person wishing to contest the election
20of any senator or member of the assembly shall, within 30 days after the decision of
21the board of canvassers, serve a notice in writing on the person whose election the
22contestant intends to contest, stating briefly that the election will be contested and
23the cause of such contest, and shall file a copy thereof in the office of the
elections 24government accountability board at least 10 days before the day fixed by law for the
25meeting of the legislature. The
elections government accountability board shall then
1send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of
2such notice, the contestant shall not be entitled to any mileage or salary in case
3payment has been made therefor to the sitting member.
SB1, s. 41
4Section
41. 13.62 (4) of the statutes is amended to read:
SB1,25,55
13.62
(4) "Board" means the
ethics
government accountability board.
SB1, s. 42
6Section
42. 13.685 (title) of the statutes is amended to read:
SB1,25,7
713.685 (title)
Duties of the ethics government accountability board.
SB1, s. 43
8Section
43. 13.94 (1) (k) of the statutes is amended to read:
SB1,25,109
13.94
(1) (k) Provide auditing services at the direction of the
elections 10government accountability board under s. 5.05 (2).
SB1, s. 44
11Section
44. 14.58 (20) of the statutes is amended to read:
SB1,25,1412
14.58
(20) Election campaign fund. Make disbursements to each candidate
13certified under s. 7.08 (2) (c) or (cm) by the
elections government accountability board
14as eligible to receive moneys from the Wisconsin election campaign fund.
SB1, s. 45
15Section
45. 15.03 of the statutes is renumbered 15.03 (intro.) and amended
16to read:
SB1,26,2
1715.03 Attachment for limited purposes. (intro.) Any division, office,
18commission, council or board attached under this section to a department or
19independent agency or a specified division thereof shall be a distinct unit of that
20department, independent agency or specified division. Any division, office,
21commission, council or board so attached shall exercise its powers, duties and
22functions prescribed by law, including rule making, licensing and regulation, and
23operational planning within the area of program responsibility of the division, office,
24commission, council or board, independently of the head of the department or
25independent agency, but budgeting, program coordination and related management
1functions shall be performed under the direction and supervision of the head of the
2department or independent agency, except that
with:
SB1,26,8
3(1) Commissioner of railroads. With respect to the office of the commissioner
4of railroads, all personnel and biennial budget requests by the office of the
5commissioner of railroads shall be provided to the department of transportation as
6required under s. 189.02 (7) and shall be processed and properly forwarded by the
7public service commission without change except as requested and concurred in by
8the office of the commissioner of railroads.
SB1, s. 46
9Section
46. 15.03 (2) of the statutes is created to read:
SB1,26,1310
15.03
(2) Enforcement division of government accountability board. With
11respect to the enforcement division of the government accountability board, all
12budget requests by the division shall be submitted by the board to the department
13of administration without change except as concurred in by the division.
SB1, s. 47
14Section
47. 15.07 (1) (a) 2. of the statutes is repealed.
SB1, s. 48
15Section
48. 15.07 (1) (a) 2m. of the statutes is created to read:
SB1,26,1716
15.07
(1) (a) 2m. Members of the government accountability board shall be
17appointed as provided in s. 15.60.
SB1, s. 49
18Section
49. 15.07 (1) (cm) of the statutes is amended to read:
SB1,27,519
15.07
(1) (cm)
The term of one member of the ethics board shall expire on each
20May 1. The terms of 3 members of the development finance board appointed under
21s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms
22of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of
23every odd-numbered year. The terms of the 3 members of the land and water
24conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1.
25The term of the member of the land and water conservation board appointed under
1s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of
2members of the real estate board shall expire on July 1. The terms of the appraiser
3members of the real estate appraisers board and the terms of the auctioneer and
4auction company representative members of the auctioneer board shall expire on
5May 1 in an even-numbered year.
SB1, s. 50
6Section
50. 15.07 (4) of the statutes is amended to read:
SB1,27,117
15.07
(4) Quorum. A majority of the membership of a board constitutes a
8quorum to do business and, unless a more restrictive provision is adopted by the
9board, a majority of a quorum may act in any matter within the jurisdiction of the
10board. This subsection does not apply to actions of
the ethics board or the school
11district boundary appeal board as provided in
ss. 19.47 (4) and s. 117.05 (2) (a).
SB1, s. 51
12Section
51. 15.07 (5) (k) of the statutes is repealed.
SB1, s. 52
13Section
52. 15.07 (5) (m) of the statutes is created to read:
SB1,27,1414
15.07
(5) (m) Members of the government accountability board, $25 per day.
SB1, s. 53
15Section
53. 15.07 (5) (n) of the statutes is repealed.
SB1, s. 54
16Section
54. 15.60 of the statutes is created to read:
SB1,27,23
1715.60 Government accountability board; creation. (1) There is created
18a government accountability board consisting of 4 persons who shall be nominated
19by the governor and appointed with the advice and consent of the senate, and one
20person appointed by the governor to represent each political party whose candidate
21for governor, attorney general, secretary of state, or state treasurer received at least
22one percent of the vote in the most recent general election who shall be designated
23by the chief officer of that party. Members shall serve for 4-year terms.
SB1,28,2
24(2) (a) All members of the board who are nominated by the governor subject to
25the advice and consent of the senate shall be appointed from nominations submitted
1to the governor by a nominating committee to be called the governmental
2accountability candidate committee, which shall consist of the following:
SB1,28,33
1. The chief justice of the supreme court.
SB1,28,44
2. The dean of the Marquette University law school.
SB1,28,55
3. The dean of the University of Wisconsin law school.
SB1,28,96
4. The chief officer of each of the following organizations, or if any of the
7following organization ceases to exist, the organization determined by the governor
8to be the successor organization representing interests substantially similar to the
9predecessor organization:
SB1,28,1010
a. The Wisconsin Counties Association.
SB1,28,1111
b. The Wisconsin Towns Association.
SB1,28,1212
c. The League of Wisconsin Municipalities.
SB1,28,1313
d. The League of Women Voters of Wisconsin.
SB1,28,1414
e. The Wisconsin Newspaper Association.
SB1,28,1515
f. The state bar of Wisconsin.
SB1,28,17
16(3) No member, other than a member who is appointed to represent a political
17party, may be a state public official or a local public official, as defined in s. 19.42.
SB1,28,22
18(4) No member, other than a member who is appointed to represent a political
19party, for one year immediately prior to the date of appointment may have been, or
20while serving on the board may become, a member of a political party, an officer or
21member of a committee in any partisan political club or organization, or a candidate
22for any partisan elective public office.
SB1,28,24
23(5) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee
24of a principal, as defined in s. 13.62 (12).
SB1, s. 55
25Section
55. 15.603 of the statutes is created to read:
SB1,29,7
115.603 Same; specified divisions. (1) Enforcement division. There is
2created in the government accountability board an enforcement division, which is
3attached to the board under s. 15.03. The enforcement division shall be under the
4direction and supervision of an administrator, who shall be appointed by the
5executive director of the board, with the advice and consent of the board, to serve for
6a term of not less than 4 years nor more than 6 years expiring on September 1 of an
7odd-numbered year.
SB1, s. 56
8Section
56. 15.61 of the statutes is repealed.
SB1, s. 57
9Section
57. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the
10statutes, as renumbered, is amended to read:
SB1,29,1911
15.607
(1) Election administration council. There is created in the
elections 12government accountability board an election administration council consisting of
13members appointed by the executive director of the
elections government
14accountability board, including the clerk or executive director of the board of election
15commissioners of the 2 counties or municipalities in this state having the largest
16population, one or more election officials of other counties or municipalities,
17representatives of organizations that advocate for the interests of individuals with
18disabilities and organizations that advocate for the interests of the voting public, and
19other electors of this state.
SB1, s. 58
20Section
58. 15.62 of the statutes is repealed.
SB1, s. 59
21Section
59. 16.79 (2) of the statutes is amended to read:
SB1,30,422
16.79
(2) The department shall distribute in pamphlet form copies of the
23constitution and such laws as may be required to meet the public demand, including
24the election laws. The department shall distribute election manuals, forms
, and
25supplies specified by the
elections government accountability board. The laws,
1manuals, forms
, and supplies shall be sold by the department at cost, including
2distribution cost as determined under s. 35.80. The
elections government
3accountability board shall inform the department in writing as to which election
4manuals, forms
, and supplies shall be offered for distribution under this subsection.
SB1, s. 60
5Section
60. 16.96 (3) (b) of the statutes is amended to read:
SB1,30,96
16.96
(3) (b) Maintain and keep current throughout the decade the maps of
7congressional and legislative district boundaries received from the legislative
8reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the
elections 9government accountability board.
SB1, s. 61
10Section
61. 16.973 (6) of the statutes is amended to read:
SB1,30,1411
16.973
(6) With the advice of the
ethics government accountability board, adopt
12and enforce standards of ethical conduct applicable to its paid consultants which are
13similar to the standards prescribed in subch. III of ch. 19, except that the department
14shall not require its paid consultants to file statements of economic interests.
SB1, s. 62
15Section
62. 17.17 (1) of the statutes is amended to read:
SB1,30,1916
17.17
(1) Senators and members of congress. In the office of United States
17senator or member of congress from this state, by the county clerk of the county
18wherein such officer resided at the time of election, to the
elections government
19accountability board.
SB1, s. 63
20Section
63. 17.17 (4) of the statutes is amended to read:
SB1,30,2321
17.17
(4) Justices and judges. In the office of justice of the supreme court, court
22of appeals judge
, or judge of a circuit court, by the director of state courts to the
23governor and the
elections government accountability board.
SB1, s. 64
24Section
64. 19.42 (3) of the statutes is amended to read:
SB1,30,2525
19.42
(3) "Board" means the
ethics
government accountability board.
SB1, s. 65
1Section
65. 19.42 (10) (a) of the statutes is amended to read:
SB1,31,32
19.42
(10) (a) A member of the
elections government accountability board
who
3is appointed to represent a political party.
SB1, s. 66
4Section
66. 19.42 (13) (p) of the statutes is created to read:
SB1,31,65
19.42
(13) (p) The members of the government accountability board who is
6appointed to represent a political parties.
SB1, s. 67
7Section
67. 19.43 (4) of the statutes is amended to read:
SB1,32,28
19.43
(4) A candidate for state public office shall file with the board a statement
9of economic interests meeting each of the requirements of s. 19.44 (1) no later than
104:30 p.m. on the 3rd day following the last day for filing nomination papers for the
11office which the candidate seeks, or no later than 4:30 p.m. on the next business day
12after the last day whenever that candidate is granted an extension of time for filing
13nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15
14(1)
, or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of
15nomination is mailed or personally delivered to the candidate by the municipal clerk
16in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m.
17on the 3rd day after notification of nomination is mailed or personally delivered to
18the candidate by the appropriate official or agency in the case of a write-in candidate
19or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a).
20The information contained on the statement shall be current as of December 31 of
21the year preceding the filing deadline. Before certifying the name of any candidate
22for state public office under s. 7.08 (2) (a), the
elections government accountability 23board, municipal clerk
, or board of election commissioners shall ascertain whether
24that candidate has complied with this subsection. If not, the
elections government
1accountability board, municipal clerk
, or board of election commissioners may not
2certify the candidate's name for ballot placement.
SB1, s. 68
3Section
68. 19.43 (5) of the statutes is amended to read:
SB1,32,144
19.43
(5) Each member of the investment board and each employee of the
5investment board who is a state public official shall complete and file with the
ethics 6government accountability board a quarterly report of economic transactions no
7later than the last day of the month following the end of each calendar quarter during
8any portion of which he or she was a member or employee of the investment board.
9Such reports of economic transactions shall be in the form prescribed by the
ethics 10government accountability board and shall identify the date and nature of any
11purchase, sale, put, call, option, lease, or creation, dissolution
, or modification of any
12economic interest made during the quarter for which the report is filed and
13disclosure of which would be required by s. 19.44 if a statement of economic interests
14were being filed.
SB1, s. 69
15Section
69. 19.45 (6) of the statutes is amended to read:
SB1,33,416
19.45
(6) No state public official, member of a state public official's immediate
17family, nor any organization with which the state public official or a member of the
18official's immediate family owns or controls at least 10% of the outstanding equity,
19voting rights, or outstanding indebtedness may enter into any contract or lease
20involving a payment or payments of more than $3,000 within a 12-month period, in
21whole or in part derived from state funds unless the state public official has first
22made written disclosure of the nature and extent of such relationship or interest to
23the board and to the department acting for the state in regard to such contract or
24lease. Any contract or lease entered into in violation of this subsection may be voided
25by the state in an action commenced within 3 years of the date on which the
ethics
1board, or the department or officer acting for the state in regard to the allocation of
2state funds from which such payment is derived, knew or should have known that
3a violation of this subsection had occurred. This subsection does not affect the
4application of s. 946.13.
SB1, s. 70
5Section
70. 19.46 (1) (intro.) of the statutes is amended to read:
SB1,33,86
19.46
(1) (intro.) Except in accordance with the
board's advice
of the executive
7director of the board under sub. (2) and except as otherwise provided in sub. (3), no
8state public official may:
SB1, s. 71
9Section
71. 19.46 (2) of the statutes is amended to read:
SB1,34,510
19.46
(2) Any individual, either personally or on behalf of an organization or
11governmental body, may request of the
board executive director of the board an
12advisory opinion regarding the propriety
under this subchapter or subch. III of ch.
1313 of any matter to which the person is or may become a party; and any appointing
14officer, with the consent of a prospective appointee, may request of the
board 15executive director an advisory opinion regarding the propriety
under this subchapter
16or subch. III of ch. 13 of any matter to which the prospective appointee is or may
17become a party. The
board executive director shall review a request for an advisory
18opinion and may advise the person making the request. Advisory opinions and
19requests therefor shall be in writing.
The board's deliberations and actions upon The
20executive director may consult with the board before issuing a formal opinion but
21shall not reveal any information to the board that would identify the requester of the
22opinion. All consultations with the board concerning such requests shall be in
23meetings not open to the public. It is prima facie evidence of intent to comply with
24this subchapter or subch. III of ch. 13 when a person refers a matter to the
board 25executive director and abides by the
board's executive director's advisory opinion, if
1the material facts are as stated in the opinion request.
The board may authorize the
2executive director to act in its stead in instances where delay is of substantial
3inconvenience or detriment to the requesting party. No member or employee of the
4board may make public the identity of the individual requesting an advisory opinion
5or of individuals or organizations mentioned in the opinion.
SB1, s. 72
6Section
72. 19.47 (2) of the statutes is repealed.
SB1, s. 73
7Section
73. 19.47 (4) of the statutes is repealed.
SB1, s. 74
8Section
74. 19.47 (5) of the statutes is amended to read:
SB1,34,209
19.47
(5) No later than September 1 of each year, the board shall submit a
10report concerning its actions in the preceding fiscal year to the governor and the chief
11clerk of each house of the legislature, for distribution to the legislature under s.
1213.172 (2). Such The board shall include in its biennial report
shall contain under
13s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
14summary of its determinations and advisory opinions
issued by the executive
15director under s. 19.46 (2). The board shall make sufficient alterations in the
16summaries to prevent disclosing the identities of individuals or organizations
17involved in the decisions or opinions.
The board may also include in its biennial
18report any information compiled under s. 11.21 (7). The board shall make such
19further reports on the matters within its jurisdiction and such recommendations for
20further legislation as it deems desirable.
SB1, s. 75
21Section
75. 19.50 (2) of the statutes is amended to read:
SB1,35,222
19.50
(2) To administer oaths and to require by subpoena issued by it the
23attendance and testimony of witnesses and the production of any documentary
24evidence relating to the investigation or hearing being conducted.
Notwithstanding
1s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance
2with s. 19.47 (4).
SB1, s. 76
3Section
76. 19.54 (2) of the statutes is amended to read:
SB1,35,104
19.54
(2) An application for rehearing is governed by such general rules as the
5board may establish. Only one rehearing may be granted by the board. No order of
6the board
pursuant to this subchapter or subch. III of ch.13 becomes effective until
720 days after it is issued, or while an application for rehearing or a rehearing is
8pending, or until 10 days after such application for rehearing is either denied,
9expressly or by implication, or the board has announced its final determination on
10rehearing.
SB1, s. 77
11Section
77. 19.55 (1) of the statutes is amended to read:
SB1,35,2112
19.55
(1) Except as provided in sub. (2), all records
under this subchapter or
13subch. III of ch. 13 in the possession of the board are open to public inspection at all
14reasonable times. The board shall require an individual wishing to examine a
15statement of economic interests or the list of persons who inspect any statements
16which are in the board's possession to provide his or her full name and address, and
17if the individual is representing another person, the full name and address of the
18person which he or she represents. Such identification may be provided in writing
19or in person. The board shall record and retain for at least 3 years information
20obtained by it pursuant to this subsection. No individual may use a fictitious name
21or address or fail to identify a principal in making any request for inspection.
SB1, s. 78
22Section
78. 19.55 (2) (a) to (c) of the statutes are amended to read:
SB1,36,723
19.55
(2) (a) Records obtained in connection with a request for an advisory
24opinion
issued under s. 19.46 (2) other than summaries of advisory opinions that do
25not disclose the identity of individuals requesting such opinions or organizations on
1whose behalf they are requested. The
executive director of the board may, however,
2make such records public with the consent of the individual requesting the advisory
3opinion or the organization or governmental body on whose behalf it is requested.
4A person who makes or purports to make public the substance of or any portion of
5an advisory opinion requested by or on behalf of the person is deemed to have waived
6the confidentiality of the request for an advisory opinion and of any records obtained
7or prepared by the board in connection with the request for an advisory opinion.
SB1,36,188
(b) Records obtained or prepared by the board in connection with an
9investigation
under this subchapter or subch. III of ch. 13, except that the board shall
10permit inspection of records that are made public in the course of a hearing by the
11board to determine if a violation of this subchapter or subch. III of ch. 13 has
12occurred. Whenever the board refers such investigation and hearing records to a
13district attorney or to the attorney general, they may be made public in the course
14of a prosecution initiated under this subchapter. The board shall also provide
15information from investigation and hearing records that pertains to the location of
16individuals and assets of individuals as requested under s. 49.22 (2m) by the
17department of workforce development or by a county child support agency under s.
1859.53 (5).
SB1,36,2519
(c) Statements of economic interests and reports of economic transactions
20which are filed with the
ethics government accountability board by members or
21employees of the investment board, except that the
ethics government accountability 22board shall refer statements and reports filed by such individuals to the legislative
23audit bureau for its review, and except that a statement of economic interests filed
24by a member or employee of the investment board who is also an official required to
25file shall be open to public inspection.
SB1, s. 79
1Section
79. 19.579 of the statutes is repealed and recreated to read:
SB1,37,4
219.579 Civil penalty. Any person who violates s. 19.43, 19.44, or 19.56 (2) may
3be required to forfeit not more than $500. Any person who violates any other
4provision of this subchapter may be required to forfeit not more than $5,000.