SB1, s. 93
7Section
93. 19.46 (1) (intro.) of the statutes is amended to read:
SB1,49,98
19.46
(1) (intro.) Except in accordance with the board's advice under
sub. (2) 9s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:
SB1, s. 94
10Section
94. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
11read:
SB1,51,212
5.05
(6a) Advisory opinions. Any individual, either personally or on behalf of
13an organization or governmental body, may
make a written or electronic request of
14the board
for an advisory opinion regarding the propriety
under chs. 5 to 12, subch.
15III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become
16a party; and any appointing officer, with the consent of a prospective appointee, may
17request of the board an advisory opinion regarding the propriety
under chs. 5 to 12,
18subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective
19appointee is or may become a party. The board shall review a request for an advisory
20opinion and may
advise issue a formal written or electronic advisory opinion to the
21person making the request.
Advisory opinions and requests therefor shall be in
22writing. The board's deliberations and actions upon 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 and
25abides by the board's advisory opinion No person acting in good faith upon an
1advisory opinion issued by the board is subject to criminal or civil prosecution for so
2acting, if the material facts are as stated in the opinion request.
To have legal force
3and effect, each advisory opinion issued by the board must be supported by specific
4legal authority under a statute or other law, or by specific case or common law
5authority. Each advisory opinion shall include a citation to each statute or other law
6and each case or common law authority upon which the opinion is based, and shall
7specifically articulate or explain which parts of the cited authority are relevant to the
8board's conclusion and why they are relevant. The board may authorize
the
9executive director its legal counsel to
act in its stead in instances where delay is of
10substantial inconvenience or detriment to the requesting party
issue an informal
11written advisory opinion or to transmit an informal advisory opinion electronically
12on behalf of the board, subject to such limitations as the board deems appropriate.
13Every informal advisory opinion shall be consistent with applicable formal advisory
14opinions issued by the board. If the board disagrees with an informal advisory
15opinion that has been issued on behalf of the board, the board may withdraw the
16opinion or issue a revised advisory opinion and no person acting after the date of the
17withdrawal or issuance of the revised advisory opinion is exempted from prosecution
18under this subsection if the opinion upon which the person's action is based has been
19withdrawn or revised in relevant degree. No member or employee of the board may
20make public the identity of the individual requesting
an a formal or informal 21advisory opinion or of individuals or organizations mentioned in the opinion.
Any
22person receiving a formal or informal advisory opinion under this subsection who
23disagrees with the opinion may request a public or private hearing before the board
24to discuss the opinion. The board shall grant a request for a public or private hearing
1under this subsection. After hearing the matter, the board may reconsider its opinion
2and may issue a revised opinion to the person.
SB1, s. 95
3Section
95. 19.47 (2) of the statutes is repealed.
SB1, s. 96
4Section
96. 19.47 (4) of the statutes is repealed.
SB1, s. 97
5Section
97. 19.47 (5) of the statutes is amended to read:
SB1,51,166
19.47
(5) No later than September 1 of each year, the board shall submit a
7report concerning its actions in the preceding fiscal year to the governor and the chief
8clerk of each house of the legislature, for distribution to the legislature under s.
913.172 (2). Such The board shall include in its biennial report
shall contain under
10s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
11summary of its determinations and advisory opinions
issued under s. 5.05 (6a). The
12board shall make sufficient alterations in the summaries to prevent disclosing the
13identities of individuals or organizations involved in the decisions or opinions.
The
14board may also include in its biennial report any information compiled under s. 11.21
15(7). The board shall make such further reports on the matters within its jurisdiction
16and such recommendations for further legislation as it deems desirable.
SB1, s. 98
17Section
98. 19.49 (title) of the statutes is repealed.
SB1, s. 99
18Section
99. 19.49 (1) of the statutes is repealed.
SB1, s. 100
19Section
100. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.
SB1, s. 101
20Section
101. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and
21amended to read:
SB1,52,222
5.05
(2m) (c) 3. Any person to whom
this subchapter or subch. III of ch. 13
or
23subch. III of ch. 19 may have application may request the board to make an
24investigation of his or her own conduct or of allegations made by other persons as to
1his or her conduct. Such a request shall be made in writing and shall set forth in
2detail the reasons therefor.
SB1, s. 102
3Section
102. 19.49 (3) of the statutes is repealed.
SB1, s. 103
4Section
103. 19.49 (4) of the statutes is repealed.
SB1, s. 104
5Section
104. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended
6to read:
SB1,52,97
5.05
(2m) (g) 1. Except as provided in
par. (b) subd. 2., no action may be taken
8on any complaint that is filed later than 3 years after a violation of
this subchapter
9or subch. III of ch. 13
or subch. III of ch. 19 is alleged to have occurred.
SB1,52,1210
2. The period of limitation under
par. (a) subd. 1. is tolled for a complaint
11alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
12a complaint may not be filed under
s. 19.49 (1m)
par. (c) 2. b. or
s. 19.59 (8) (cm).
SB1, s. 105
13Section
105. 19.50 (title) of the statutes is repealed.
SB1, s. 106
14Section
106. 19.50 (intro.) and (1) of the statutes are renumbered 5.05 (2m)
15(f) (intro.) and 1. and amended to read:
SB1,52,1816
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under
s. 19.49
17(3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the
18board has the power:
SB1,52,2219
1. To require any person to submit in writing such reports and answers to
20questions relevant to the proceedings
conducted under this subchapter or subch. III
21of ch. 13 as the board may prescribe, such submission to be made within such period
22and under oath or otherwise as the board may determine.
SB1, s. 107
23Section
107. 19.50 (2) of the statutes is repealed.
SB1, s. 108
24Section
108. 19.50 (3) of the statutes is renumbered 5.05 (2m) (f) 2. and
25amended to read:
SB1,53,4
15.05
(2m) (f) 2. To order testimony to be taken by deposition before any
2individual who is designated by the board and has the power to administer oaths,
3and, in such instances, to compel testimony and the production of evidence in the
4same manner as authorized by sub.
(2) (1) (b).
SB1, s. 109
5Section
109. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4.
6and 5.
SB1, s. 110
7Section
110. 19.51 (title) of the statutes is repealed.
SB1, s. 111
8Section
111. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 9. and
9amended to read:
SB1,53,2010
5.05
(2m) (c) 9. At the conclusion of its investigation, the board shall, in
11preliminary written findings of fact and conclusions based thereon, make a
12determination of whether or not probable cause exists to believe that a violation
of 13this subchapter or subch. III of ch. 13 under subd. 2. has occurred
or is occurring.
14If the board determines that no probable cause exists, it shall
dismiss the complaint.
15Whenever the board dismisses a complaint or a complaint is deemed to be dismissed
16under subd. 5., the board shall immediately send written notice of
such
17determination the dismissal to the accused and to the party who made the complaint.
18If the board determines that there is probable cause for believing that a violation of
19this subchapter or subch. III of ch. 13 has been committed, its preliminary findings
20of fact and conclusions may contain:
SB1, s. 112
21Section
112. 19.51 (1) (a) and (b) of the statutes are repealed.
SB1, s. 113
22Section
113. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 10.
SB1, s. 114
23Section
114. 19.51 (3) of the statutes is repealed.
SB1, s. 115
24Section
115. 19.52 of the statutes is repealed.
SB1, s. 116
25Section
116. 19.53 (intro.) of the statutes is repealed.
SB1, s. 117
1Section
117. 19.53 (1) to (5) of the statutes are repealed.
SB1, s. 118
2Section
118. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
3to read:
SB1,54,214
19.579
(1) An order requiring the accused Except as provided in sub. (2) any
5person who violates this subchapter may be required to forfeit not more than $500
6for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
7violation of any other provision of this subchapter
, or not more than the applicable
8amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 9determines that the accused has realized economic gain as a result of the violation,
10the
board court may, in addition, order the accused to forfeit the amount gained as
11a result of the violation. In addition, if the
board
court determines that a state public
12official has violated s. 19.45 (13), the
board court may order the official to forfeit an
13amount equal to the amount or value of any political contribution, service, or other
14thing of value that was wrongfully obtained. If the
board court determines that a
15state public official has violated s. 19.45 (13) and no political contribution, service or
16other thing of value was obtained, the
board court may order the official to forfeit an
17amount equal to the maximum contribution authorized under s. 11.26 (1) for the
18office held or sought by the official, whichever amount is greater. The attorney
19general, when so requested by the board, shall institute proceedings to recover any
20forfeiture incurred under this section
or s. 19.545 which is not paid by the person
21against whom it is assessed.
SB1, s. 119
22Section
119. 19.53 (7) and (8) of the statutes are repealed.
SB1, s. 120
23Section
120. 19.535 of the statutes is repealed.
SB1, s. 121
24Section
121. 19.54 of the statutes is repealed.
SB1, s. 122
25Section
122. 19.545 of the statutes is repealed.
SB1, s. 123
1Section
123. 19.55 (1) of the statutes is amended to read:
SB1,55,122
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
3subchapter or subch. III of ch. 13 in the possession of the board are open to public
4inspection at all reasonable times. The board shall require an individual wishing to
5examine a statement of economic interests or the list of persons who inspect any
6statements which are in the board's possession to provide his or her full name and
7address, and if the individual is representing another person, the full name and
8address of the person which he or she represents. Such identification may be
9provided in writing or in person. The board shall record and retain for at least 3 years
10information obtained by it pursuant to this subsection. No individual may use a
11fictitious name or address or fail to identify a principal in making any request for
12inspection.
SB1, s. 124
13Section
124. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) and
14amended to read:
SB1,55,2515
5.05
(5s) (f) Records obtained in connection with a request for an advisory
16opinion
issued under s. 5.05 (6a), other than summaries of advisory opinions that do
17not disclose the identity of individuals requesting such opinions or organizations on
18whose behalf they are requested
, are not subject to the right of inspection and
19copying under s. 19.35 (1). The board may, however, make such records public with
20the consent of the individual requesting the advisory opinion or the organization or
21governmental body on whose behalf it is requested. A person who makes or purports
22to make public the substance of or any portion of an advisory opinion requested by
23or on behalf of the person is deemed to have waived the confidentiality of the request
24for an advisory opinion and of any records obtained or prepared by the board in
25connection with the request for an advisory opinion.
SB1, s. 125
1Section
125. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
2amended to read:
SB1,56,63
5.05
(5s) (intro.) Records obtained or prepared by the board in connection with
4an investigation
, including the full text of any complaint received by the board, are
5not subject to the right of inspection and copying under s. 19.35 (1), except
as
6provided in pars. (d) and (e) and except that
the
:
SB1,56,11
7(a) The board shall permit inspection of records that are
made public 8distributed or discussed in the course of a
meeting or hearing by the board
to
9determine if a violation of this subchapter or subch. III of ch. 13 has occurred. 10Whenever the board refers such investigation and hearing records to a district
11attorney or to the attorney general, they in open session.
SB1,56,14
12(b) Investigatory records of the board may be made public in the course of a
13prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
14III of ch. 19.
SB1,56,18
15(c) The board shall
also provide information from investigation and hearing
16records that pertains to the location of individuals and assets of individuals as
17requested under s. 49.22 (2m) by the department of workforce development or by a
18county child support agency under s. 59.53 (5).
SB1, s. 126
19Section
126. 19.55 (2) (c) of the statutes is amended to read:
SB1,57,220
19.55
(2) (c) Statements of economic interests and reports of economic
21transactions which are filed with the
ethics government accountability board by
22members or employees of the investment board, except that the
ethics government
23accountability board shall refer statements and reports filed by such individuals to
24the legislative audit bureau for its review, and except that a statement of economic
1interests filed by a member or employee of the investment board who is also an
2official required to file shall be open to public inspection.
SB1, s. 127
3Section
127. 19.579 (title) of the statutes is amended to read:
SB1,57,4
419.579 (title)
Civil penalty penalties.
SB1, s. 128
5Section
128. 19.579 of the statutes is renumbered 19.579 (2).
SB1, s. 129
6Section
129. 19.59 (1) (g) 8. of the statutes is amended to read:
SB1,57,197
19.59
(1) (g) 8. No district board member, member of a district board member's
8immediate family, nor any organization with which the district board member or a
9member of the district board member's immediate family owns or controls at least
1010% of the outstanding equity, voting rights, or outstanding indebtedness may enter
11into any contract or lease involving a payment or payments of more than $3,000
12within a 12-month period, in whole or in part derived from district funds unless the
13district board member has first made written disclosure of the nature and extent of
14such relationship or interest to the
ethics government accountability board and to
15the district. Any contract or lease entered into in violation of this subdivision may
16be voided by the district in an action commenced within 3 years of the date on which
17the
ethics government accountability board, or the district, knew or should have
18known that a violation of this subdivision had occurred. This subdivision does not
19affect the application of s. 946.13.
SB1, s. 130
20Section
130. 19.85 (1) (h) of the statutes is amended to read:
SB1,57,2321
19.85
(1) (h) Consideration of requests for confidential written advice from the
22ethics government accountability board under s.
19.46 (2) 5.05 (6a), or from any
23county or municipal ethics board under s. 19.59 (5).
SB1, s. 131
24Section
131. 19.851 of the statutes is created to read:
SB1,58,9
119.851 Closed sessions by government accountability board. The
2government accountability board shall hold each meeting of the board for the
3purpose of deliberating concerning an investigation under the board's jurisdiction in
4closed session under this section. Prior to convening under this section, the
5government accountability board shall vote to convene in closed session in the
6manner provided in s. 19.85 (1). No business may be conducted by the government
7accountability board at any closed session under this section except that which
8relates to the purposes of the session as authorized in this section or as authorized
9in s. 19.85 (1).
SB1, s. 132
10Section
132. 20.005 (3) (schedule) of the statutes: at the appropriate place,
11insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB1, s. 134
3Section
134. 20.455 (1) (b) of the statutes is amended to read:
SB1,59,64
20.455
(1) (b)
Special counsel. A sum sufficient, subject to the
procedure 5procedures established in
s. ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation
6of special counsel appointed as provided in ss.
5.05 (2m) (c) and 14.11 (2) and 21.13.
SB1, s. 135
7Section
135. 20.510 (intro.) of the statutes is repealed.
SB1, s. 136
8Section
136. 20.510 (1) (title) of the statutes is repealed.
SB1, s. 137
9Section
137. 20.510 (1) (a) of the statutes is repealed.
SB1, s. 138
10Section
138. 20.510 (1) (b) of the statutes is renumbered 20.511 (1) (b).
SB1, s. 139
11Section
139. 20.510 (1) (bm) of the statutes is renumbered 20.511 (1) (bm).
SB1, s. 140
12Section
140. 20.510 (1) (c) of the statutes is renumbered 20.511 (1) (c).
SB1, s. 141
13Section
141. 20.510 (1) (d) of the statutes is renumbered 20.511 (1) (d).
SB1, s. 142
14Section
142. 20.510 (1) (g) of the statutes is renumbered 20.511 (1) (g).
SB1, s. 143
15Section
143. 20.510 (1) (gm) of the statutes is repealed.
SB1, s. 144
16Section
144. 20.510 (1) (h) of the statutes is repealed.
SB1, s. 145
17Section
145. 20.510 (1) (i) of the statutes is repealed.
SB1, s. 146
18Section
146. 20.510 (1) (j) of the statutes is renumbered 20.511 (1) (j).
SB1, s. 147
1Section
147. 20.510 (1) (q) of the statutes is renumbered 20.511 (1) (q).
SB1, s. 148
2Section
148. 20.510 (1) (t) of the statutes is renumbered 20.511 (1) (t).
SB1, s. 149
3Section
149. 20.510 (1) (x) of the statutes is renumbered 20.511 (1) (x).
SB1, s. 150
4Section
150. 20.511 (intro.) and (1) (title) and (a) of the statutes are created
5to read.
SB1,60,8
620.511 Government accountability board. (intro.) There is appropriated
7from the general fund, except where otherwise indicated, to the government
8accountability board for the following programs:
SB1,60,9
9(1) (title)
Administration of election, ethics, and lobbying laws.
SB1,60,1310
(a)
General program operations; general purpose revenue. Biennially, the
11amounts in the schedule for general program operations of the board, including the
12printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and
13(4) and 11.21 (3) and (14), and the training of election officials under s. 5.05 (7).
SB1, s. 151
14Section
151. 20.511 (1) (c) of the statutes, as affected by 2007 Wisconsin Act
15.... (this act), is repealed.
SB1, s. 152
16Section
152. 20.511 (1) (h) and (i) of the statutes are created to read:
SB1,60,2517
20.511
(1) (h)
Materials and services. The amounts in the schedule for the costs
18of publishing documents, locating and copying records, and conducting programs
19under s. 19.48 (9) and administrative meetings and conferences, for compiling,
20disseminating, and making available information prepared by and filed with the
21board under s. 19.48 (10), and for supplies, postage, and shipping. All moneys
22received by the board from collections for sales of publications, copies of records, and
23supplies, for postage, for shipping and records location fees, from fees assessed under
24s. 19.48 (9) and (10), and for charges assessed to participants in administrative
25meetings and conferences shall be credited to this appropriation account.
SB1,61,3
1(i)
General program operations; program revenue. The amounts in the schedule
2for general program operations of the board. All moneys received from fees imposed
3under ss. 11.055 (1) and 13.75 shall be credited to this appropriation account.
SB1, s. 153
4Section
153. 20.521 (intro.) of the statutes is repealed.