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.
SB1, s. 80
5Section
80. 19.59 (1) (g) 8. of the statutes is amended to read:
SB1,37,186
19.59
(1) (g) 8. No district board member, member of a district board member's
7immediate family, nor any organization with which the district board member or a
8member of the district board member's immediate family owns or controls at least
910% of the outstanding equity, voting rights, or outstanding indebtedness may enter
10into any contract or lease involving a payment or payments of more than $3,000
11within a 12-month period, in whole or in part derived from district funds unless the
12district board member has first made written disclosure of the nature and extent of
13such relationship or interest to the
ethics government accountability board and to
14the district. Any contract or lease entered into in violation of this subdivision may
15be voided by the district in an action commenced within 3 years of the date on which
16the
ethics government accountability board, or the district, knew or should have
17known that a violation of this subdivision had occurred. This subdivision does not
18affect the application of s. 946.13.
SB1, s. 81
19Section
81. 19.85 (1) (h) of the statutes is amended to read:
SB1,37,2220
19.85
(1) (h) Consideration of requests for confidential written advice from the
21ethics executive director of the government accountability board under s. 19.46 (2),
22or from any county or municipal ethics board under s. 19.59 (5).
SB1, s. 82
23Section
82. 20.005 (3) (schedule) of the statutes: at the appropriate place,
24insert the following amounts for the purposes indicated:
-
See PDF for table SB1, s. 83
1Section
83. 20.455 (1) (b) of the statutes is amended to read:
SB1,38,42
20.455
(1) (b)
Special counsel. A sum sufficient, subject to the procedure
3established in
s. ss. 5.05 (2m) (d) and 14.11 (2) (c), for the compensation of special
4counsel appointed as provided in ss.
5.05 (2m) (d) and 14.11 (2) and 21.13.
SB1, s. 84
5Section
84. 20.510 (intro.) of the statutes is repealed.
SB1, s. 85
6Section
85. 20.510 (1) (title) of the statutes is repealed.
SB1, s. 86
7Section
86. 20.510 (1) (a) of the statutes is repealed.
SB1, s. 87
8Section
87. 20.510 (1) (bm) of the statutes is renumbered 20.511 (1) (bm).
SB1, s. 88
9Section
88. 20.510 (1) (c) of the statutes is renumbered 20.511 (1) (c).
SB1, s. 89
10Section
89. 20.510 (1) (d) of the statutes is renumbered 20.511 (1) (d).
SB1, s. 90
11Section
90. 20.510 (1) (g) of the statutes is renumbered 20.511 (1) (g).
SB1, s. 91
12Section
91. 20.510 (1) (h) of the statutes is repealed.
SB1, s. 92
13Section
92. 20.510 (1) (i) of the statutes is repealed.
SB1, s. 93
1Section
93. 20.510 (1) (j) of the statutes is renumbered 20.511 (1) (j).
SB1, s. 95
4Section
95. 20.510 (1) (t) of the statutes is renumbered 20.511 (1) (t).
SB1, s. 96
5Section
96. 20.510 (1) (x) of the statutes is renumbered 20.511 (1) (x).
SB1, s. 97
6Section
97. 20.511 (intro.) and (1) (title) and (a) of the statutes are created to
7read.
SB1,39,10
820.511 Government accountability board. (intro.) There is appropriated
9from the general fund, except where otherwise indicated, to the government
10accountability board for the following programs:
SB1,39,11
11(1) (title)
Administration of election, ethics, and lobbying laws.
SB1,39,1612
(a)
General program operations; general purpose revenue. Biennially, the
13amounts in the schedule for general program operations of the board, except the
14enforcement division, including the printing of forms, materials, manuals, and
15election laws under ss. 7.08 (1) (b), (3), and (4) and 11.21 (3) and (14), and the training
16of election officials under s. 5.05 (7).
SB1, s. 98
17Section
98. 20.511 (1) (c) of the statutes, as affected by 2005 Wisconsin Act ....
18(this act), is repealed.
SB1, s. 99
19Section
99. 20.511 (1) (h) and (i) of the statutes are created to read:
SB1,40,320
20.511
(1) (h)
Materials and services. The amounts in the schedule for the costs
21of publishing documents, locating and copying records, and conducting programs
22under s. 19.48 (9) and administrative meetings and conferences, for compiling,
23disseminating, and making available information prepared by and filed with the
24board under s. 19.48 (10), and for supplies, postage, and shipping. All moneys
25received by the board from collections for sales of publications, copies of records, and
1supplies, for postage, for shipping and records location fees, from fees assessed under
2s. 19.48 (9) and (10), and for charges assessed to participants in administrative
3meetings and conferences shall be credited to this appropriation account.
SB1,40,74
(i)
General program operations; program revenue. The amounts in the schedule
5for general program operations of the board, except the enforcement division. All
6moneys received from fees imposed under ss. 11.055 (1) and 13.75 shall be credited
7to this appropriation account.
SB1, s. 100
8Section
100. 20.511 (2) of the statutes is created to read:
SB1,40,119
20.511
(2) Enforcement division. (a)
General program operations. Biennially,
10the amounts in the schedule for the general program operations of the enforcement
11division.
SB1, s. 101
12Section
101. 20.521 (intro.) of the statutes is repealed.
SB1, s. 102
13Section
102. 20.521 (1) (title) of the statutes is repealed.
SB1, s. 103
14Section
103. 20.521 (1) (a) of the statutes is repealed.
SB1, s. 104
15Section
104. 20.521 (1) (b) of the statutes is renumbered 20.511 (1) (b).
SB1, s. 105
16Section
105. 20.521 (1) (g) of the statutes is repealed.
SB1, s. 106
17Section
106. 20.521 (1) (h) of the statutes is renumbered 20.511 (1) (jm) and
18amended to read:
SB1,40,2119
20.511
(1) (jm)
Gifts and grants. All moneys received by the board from gifts,
20grants,
and bequests
and devises to carry out the purposes, not inconsistent with
21subch. III of ch. 13 or subch. III of ch. 19 the law, for which made or received.
SB1, s. 107
22Section
107. 20.521 (1) (i) of the statutes is repealed.
SB1, s. 108
23Section
108. 20.923 (4) (intro.) of the statutes is amended to read:
SB1,41,2224
20.923
(4) State agency positions. (intro.) State agency heads, the
25administrator of the division of merit recruitment and selection in the office of state
1employment relations
, the administrator of the enforcement division in the
2government accountability board, and commission chairpersons and members shall
3be identified and limited in number in accordance with the standardized
4nomenclature contained in this subsection, and shall be assigned to the executive
5salary groups listed in pars. (a) to (i). Except for positions specified in
par. pars. (c)
63m.
and (e) 2e. and sub. (12), all unclassified division administrator positions
7enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint
8committee on employment relations, by the director of the office of state employment
9relations to one of 10 executive salary groups. The joint committee on employment
10relations, by majority vote of the full committee, may amend recommendations for
11initial position assignments and changes in assignments to the executive salary
12groups submitted by the director of the office of state employment relations. All
13division administrator assignments and amendments to assignments of
14administrator positions approved by the committee shall become part of the
15compensation plan. Whenever a new unclassified division administrator position is
16created, the appointing authority may set the salary for the position until the joint
17committee on employment relations approves assignment of the position to an
18executive salary group. If the committee approves assignment of the position to an
19executive salary group having a salary range minimum or maximum inconsistent
20with the salary paid to the incumbent at the time of such approval, the incumbent's
21salary shall be adjusted by the appointing authority to conform with the committee's
22action, effective on the date of that action. Positions are assigned as follows:
SB1, s. 109
23Section
109. 20.923 (4) (d) 3. of the statutes is repealed.
SB1, s. 110
24Section
110. 20.923 (4) (d) 4. of the statutes is repealed.
SB1, s. 111
25Section
111. 20.923 (4) (e) 2e. of the statutes is created to read:
SB1,42,2
120.923
(4) (e) 2e. Government accountability board: administrator of the
2enforcement division.
SB1, s. 112
3Section
112. 20.923 (4) (f) 3j. of the statutes is created to read:
SB1,42,44
20.923
(4) (f) 3j. Government accountability board: executive director.
SB1, s. 113
5Section
113. 59.605 (3) (a) 3. of the statutes is amended to read:
SB1,42,246
59.605
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
7The governing body shall provide the election officials with all necessary election
8supplies. The form of the ballot shall correspond substantially with the standard
9form for referendum ballots prescribed by the
elections government accountability 10board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
11operating levy rate, the question shall be submitted as follows: "Under state law, the
12operating levy rate for the .... (name of county), for the tax to be imposed for the year
13.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
14county) be allowed to exceed this rate limit for .... (a specified number of years) (an
15indefinite period) by $.... per $1,000 of equalized value that results in an operating
16levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
17specifies the operating levy, the question shall be submitted as follows: "Under state
18law, the operating levy rate for the .... (name of county), for the tax to be imposed for
19the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
20the operating levy rate limit, shall the .... (name of county) be allowed to levy an
21amount not to exceed $.... (operating levy) for operating purposes for the year ....
22(year), which may increase the operating levy rate for .... (a specified number of
23years) (an indefinite period)? This would allow a ....% increase above the levy of $....
24(preceding year operating levy) for the year .... (preceding year)."
SB1, s. 114
25Section
114. 67.05 (3) (b) of the statutes is amended to read:
SB1,43,8
167.05
(3) (b) The clerk of the jurisdiction in which the referendum is held shall
2prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
3referendum is held is not a city, village
, or town, and the clerk of the jurisdiction in
4which the referendum is held prepares the ballots, the clerk shall deliver the ballots
5to the municipal clerk of each city, village
, or town which is wholly or partly contained
6within the jurisdiction in which the referendum is held. The form of the ballot shall
7correspond with the form prescribed by the
elections
government accountability 8board under ss. 5.64 (2) and 7.08 (1) (a).
SB1, s. 115
9Section
115. 67.05 (6) of the statutes is amended to read:
SB1,43,2310
67.05
(6) Referendum in other cases. Whenever an initial resolution has been
11adopted by the governing body of any municipality other than a county, a town, a city,
12a village, a technical college district, a metropolitan sewerage district created under
13ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake
14protection and rehabilitation district
, or a board of park commissioners, the clerk of
15such municipality shall immediately record the resolution and call a special meeting
16for the purpose of submitting it to the electors of the municipality for ratification or
17rejection. The calling and conduct of the meeting shall be governed by those statutes,
18so far as applicable, which govern the calling and conduct of special meetings in
19general. The notice of the meeting, which shall be publicly read before the balloting
20shall commence, and the ballot used, shall embody a copy of the resolution; the form
21of the ballot shall correspond with the form prescribed by the
elections government
22accountability board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted
23shall be whether the resolution shall be approved.
SB1, s. 116
24Section
116. 71.10 (3) (b) of the statutes is amended to read:
SB1,44,9
171.10
(3) (b) The secretary of revenue shall provide a place for those
2designations on the face of the individual income tax return and shall provide next
3to that place a statement that a designation will not increase tax liability. Annually
4on August 15, the secretary of revenue shall certify to the
elections government
5accountability board, the department of administration and the state treasurer
6under s. 11.50 the total amount of designations made during the preceding fiscal
7year. If any individual attempts to place any condition or restriction upon a
8designation, that individual is deemed not to have made a designation on his or her
9tax return.
SB1,45,712
71.10
(3) (b) The secretary of revenue shall ensure that space for the
13designations under par. (am) is provided on the face of the individual income tax
14return in a manner that is convenient to the individual filing the return. The
15secretary of revenue shall provide next to the place on the return where designation
16under par. (am) is made a statement that a designation will increase tax liability, that
17the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that
18by making a designation the individual is also claiming the credit. The department
19of revenue shall ensure that an individual may make the designation under par. (am)
20and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on
21the face of the individual income tax return. The secretary of revenue shall also
22provide and highlight a place in the instructions that accompany the return for
23information submitted to the secretary by the government accountability board
24under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary
25of revenue shall certify to the government accountability board, the department of
1administration, and the state treasurer the total amount of designations made on
2returns processed by the department of revenue during the preceding fiscal year and
3the amount of designations made during that fiscal year for the general account and
4for the account of each eligible political party. If any individual designates an
5amount greater than the amount authorized under par. (am) or attempts to place any
6condition or restriction upon a designation not authorized under par. (am), that
7individual is deemed not to have made a designation on his or her tax return.
SB1, s. 118
8Section
118. 73.0301 (1) (d) 13. of the statutes is amended to read:
SB1,45,109
73.0301
(1) (d) 13. A license issued by the
ethics government accountability 10board under s. 13.63 (1).