2007 Wisconsin Act 1

1,73 Section 73. 15.07 (4) of the statutes is amended to read:

15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the ethics government accountability board or the school district boundary appeal board as provided in ss. 19.47 (4) 5.05 (1e) and 117.05 (2) (a).

1,74 Section 74. 15.07 (5) (k) of the statutes is repealed.

1,75 Section 75. 15.07 (5) (m) of the statutes is created to read:

15.07 (5) (m) Members of the government accountability board, a per diem equal to the amount prescribed under s. 753.075 (3) (a) for reserve judges sitting in circuit court.

1,76 Section 76. 15.07 (5) (n) of the statutes is repealed.

1,77 Section 77. 15.60 of the statutes is created to read:

15.60 Government accountability board; creation. (1) There is created a government accountability board consisting of 6 persons. Members shall serve for 6-year terms.

(2) All members of the board shall be appointed from nominations submitted to the governor by a nominating committee to be called the governmental accountability candidate committee, which shall consist of one court of appeals judge from each of the court of appeals districts. The members of the committee shall serve for 2-year terms expiring on March 1. The court of appeals judges shall be chosen as members by lot by the chief justice of the supreme court in the presence of the other justices of the supreme court. Service on the committee is mandatory except as provided in s. 758.19 (9).

(3) Each member of the board shall be an individual who formerly served as a judge of a court of record in this state and who was elected to the position in which he or she served.

(4) No member may hold another office or position that is a state public office or a local public office, as defined in s. 19.42, except the office of circuit judge or court of appeals judge under s. 753.075.

(5) No member, for one year immediately prior to the date of nomination 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 an officer or employee of a registrant under s. 11.05.

(6) No member, while serving on the board, may become a candidate, as defined in s. 11.01 (1), for state office or local office, as defined in s. 5.02.

(7) No member, while serving on the board, may make a contribution, as defined in s. 11.01 (6), to a candidate, as defined in s. 11.01 (1) for state office or local office, as defined in s. 5.02. No individual who serves as a member of the board, for 12 months prior to beginning that service, may have made a contribution, as defined in s. 11.01 (6), to a candidate for a partisan state or local office, as defined in s. 5.02.

(8) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit judge or court of appeals judge under s. 753.075.

1,78 Section 78. 15.603 of the statutes is created to read:

15.603 Same; specified divisions. (1) Ethics and Accountability division. There is created in the government accountability board an ethics and accountability division. The ethics and accountability division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

(2) Elections division. There is created in the government accountability board an elections division. The elections division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

1,79 Section 79. 15.61 of the statutes is repealed.

1,80 Section 80. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the statutes, as renumbered, is amended to read:

15.607 (1) Election administration council. There is created in the elections government accountability board an election administration council consisting of members appointed by the executive director of the elections administrator of the elections division of the government accountability board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

1,81 Section 81. 15.62 of the statutes is repealed.

1,82 Section 82. 16.753 (2) of the statutes is amended to read:

16.753 (2) Except as otherwise expressly provided, each agency shall provide to the ethics government accountability board for posting on the Internet a list identifying each solicitation for bids or competitive sealed proposals and each proposed order or contract of the agency for which bids or competitive sealed proposals will not be solicited that involves a major expenditure, together with all information required under sub. (4).

1,83 Section 83. 16.79 (2) of the statutes is amended to read:

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 elections government accountability 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 elections government accountability board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

1,84 Section 84. 16.96 (3) (b) of the statutes is amended to read:

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 elections government accountability board.

1,85 Section 85. 16.973 (6) of the statutes is amended to read:

16.973 (6) With the advice of the ethics government accountability 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.

1,86 Section 86. 17.17 (1) of the statutes is amended to read:

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 elections government accountability board.

1,87 Section 87. 17.17 (4) of the statutes is amended to read:

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 elections government accountability board.

1,88 Section 88. 19.42 (3) of the statutes is amended to read:

19.42 (3) "Board" means the ethics government accountability board.

1,89 Section 89. 19.42 (10) (a) of the statutes is repealed.

1,90 Section 90. 19.43 (4) of the statutes is amended to read:

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 elections government accountability board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

1,91 Section 91. 19.43 (5) of the statutes is amended to read:

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 government accountability 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 government accountability 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.

1,92 Section 92. 19.45 (6) of the statutes is amended to read:

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.

1,93 Section 93. 19.46 (1) (intro.) of the statutes is amended to read:

19.46 (1) (intro.) Except in accordance with the board's advice under sub. (2) s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:

1,94 Section 94. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

5.05 (6a) Advisory opinions. Any individual, either personally or on behalf of an organization or governmental body, may make a written or electronic request of the board for an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 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 under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 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 issue a formal written or electronic advisory opinion to the person making the request. Advisory opinions and requests therefor shall be in writing. The Except as authorized or required for opinions specified in sub. (5s) (f) 2., 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 No person acting in good faith upon an advisory opinion issued by the board is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request. To have legal force and effect, each advisory opinion issued by the board must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each advisory opinion shall include a citation to each statute or other law and each case or common law authority upon which the opinion is based, and shall specifically articulate or explain which parts of the cited authority are relevant to the board's conclusion and why they are relevant. The board may authorize the executive director its legal counsel to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No issue an informal written advisory opinion or to transmit an informal advisory opinion electronically on behalf of the board, subject to such limitations as the board deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the board. If the board disagrees with an informal advisory opinion that has been issued on behalf of the board, the board may withdraw the opinion or issue a revised advisory opinion and no person acting after the date of the withdrawal or issuance of the revised advisory opinion is exempted from prosecution under this subsection if the opinion upon which the person's action is based has been withdrawn or revised in relevant degree. Except as authorized or required under sub. (5s) (f) 2., no member or employee of the board may make public the identity of the individual requesting an a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion. Any person receiving a formal or informal advisory opinion under this subsection who disagrees with the opinion may request a public or private hearing before the board to discuss the opinion. The board shall grant a request for a public or private hearing under this subsection. After hearing the matter, the board may reconsider its opinion and may issue a revised opinion to the person. Promptly upon issuance of each formal advisory opinion that is not open to public access, the board shall publish a summary of the opinion that is consistent with applicable requirements under sub. (5s) (f).

1,95 Section 95. 19.47 (title) of the statutes is repealed and recreated to read:

19.47 (title) Statements of economic interests.

1,96 Section 96. 19.47 (1) and (2) of the statutes are repealed.

1,97 Section 97. 19.47 (3) of the statutes is renumbered 19.47.

1,98 Section 98. 19.47 (4) of the statutes is repealed.

1,99 Section 99. 19.47 (5) of the statutes is renumbered 5.05 (5e) and amended to read:

5.05 (5e) Biennial report. 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 include in its biennial report shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions. The issued under sub. (6a). Except as authorized or required under sub. (5s) (f) 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.

1,100 Section 100. 19.47 (6) of the statutes is renumbered 5.05 (5f).

1,101 Section 101. 19.49 (title) of the statutes is repealed.

1,102 Section 102. 19.49 (1) of the statutes is repealed.

1,103 Section 103. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.

1,104 Section 104. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and amended to read:

5.05 (2m) (c) 3. Any person to whom this subchapter or subch. III of ch. 13 or subch. III of ch. 19 may have application may request the board to make an investigation of his or her own conduct or of allegations made by other persons as to his or her conduct. Such a request shall be made in writing and shall set forth in detail the reasons therefor.

1,105 Section 105. 19.49 (3) of the statutes is repealed.

1,106 Section 106. 19.49 (4) of the statutes is repealed.

1,107 Section 107. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended to read:

5.05 (2m) (g) 1. Except as provided in par. (b) subd. 2., no action may be taken on any complaint that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 or subch. III of ch. 19 is alleged to have occurred.

2. The period of limitation under par. (a) subd. 1. is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) par. (c) 2. b. or s. 19.59 (8) (cm).

1,108 Section 108. 19.50 (title) of the statutes is repealed.

1,109 Section 109. 19.50 (intro.) and (1) of the statutes are renumbered 5.05 (2m) (f) (intro.) and 1. and amended to read:

5.05 (2m) (f) (intro.) Pursuant to any investigation authorized under s. 19.49 (3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the board has the power:

1. To require any person to submit in writing such reports and answers to questions relevant to the proceedings conducted under this subchapter or subch. III of ch. 13 as the board may prescribe, such submission to be made within such period and under oath or otherwise as the board may determine.

1,110 Section 110. 19.50 (2) of the statutes is repealed.

1,111 Section 111. 19.50 (3) of the statutes is renumbered 5.05 (2m) (f) 2. and amended to read:

5.05 (2m) (f) 2. To order testimony to be taken by deposition before any individual who is designated by the board and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by sub. (2) (1) (b).

1,112 Section 112. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4. and 5.

1,113 Section 113. 19.51 (title) of the statutes is repealed.

1,114 Section 114. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 9. and amended to read:

5.05 (2m) (c) 9. At the conclusion of its investigation, the board shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation of this subchapter or subch. III of ch. 13 under subd. 2. has occurred or is occurring. If the board determines that no probable cause exists, it shall dismiss the complaint. Whenever the board dismisses a complaint or a complaint is deemed to be dismissed under subd. 5., the board shall immediately send written notice of such determination the dismissal to the accused and to the party who made the complaint. If the board determines that there is probable cause for believing that a violation of this subchapter or subch. III of ch. 13 has been committed, its preliminary findings of fact and conclusions may contain:

1,115 Section 115. 19.51 (1) (a) and (b) of the statutes are repealed.

1,116 Section 116. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 10.

1,117 Section 117. 19.51 (3) of the statutes is repealed.

1,118 Section 118. 19.52 of the statutes is repealed.

1,119 Section 119. 19.53 (intro.) of the statutes is repealed.

1,120 Section 120. 19.53 (1) to (5) of the statutes are repealed.

1,121 Section 121. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended to read:

19.579 (1) An order requiring the accused Except as provided in sub. (2), any person who violates this subchapter may be required to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the board court determines that the accused has realized economic gain as a result of the violation, the board court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board court determines that a state public official has violated s. 19.45 (13), the board court may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board court determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board court may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

1,122 Section 122. 19.53 (7) and (8) of the statutes are repealed.

1,123 Section 123. 19.535 of the statutes is repealed.

1,124 Section 124. 19.54 of the statutes is repealed.

1,125 Section 125. 19.545 of the statutes is repealed.

1,126 Section 126. 19.55 (1) of the statutes is amended to read: