SB294,91,76
(b) Communications with a local, state, or federal law enforcement or
7prosecutorial authority.
SB294,91,108
(c) Communications made to the attorney of an investigator, prosecutor,
9employee, or member of the commission or to a person or the attorney of a person who
10is investigated or prosecuted by the commission.
SB294,197
11Section
197. 19.55 (1) of the statutes is amended to read:
SB294,91,2312
19.55
(1) Except as provided in
sub.
subs. (2)
and s. 5.05 (5s) to (4), all records
13under
ch. 11, this subchapter
, or subch. III of ch. 13 in the possession of the
board 14commission are open to public inspection at all reasonable times. The
board 15commission shall require an individual wishing to examine a statement of economic
16interests or the list of persons who inspect any statements which are in the
board's 17commission's possession to provide his or her full name and address, and if the
18individual is representing another person, the full name and address of the person
19which he or she represents. Such identification may be provided in writing or in
20person. The
board commission shall record and retain for at least 3 years
21information obtained by it pursuant to this subsection. No individual may use a
22fictitious name or address or fail to identify a principal in making any request for
23inspection.
SB294,198
24Section
198. 19.55 (2) (c) of the statutes is amended to read:
SB294,92,7
119.55
(2) (c) Statements of economic interests and reports of economic
2transactions which are filed with the
government accountability board commission 3by members or employees of the investment board, except that the
government
4accountability board commission shall refer statements and reports filed by such
5individuals to the legislative audit bureau for its review, and except that a statement
6of economic interests filed by a member or employee of the investment board who is
7also an official required to file shall be open to public inspection.
SB294,199
8Section
199. 19.55 (3) of the statutes is created to read:
SB294,92,129
19.55
(3) Records obtained or prepared by the commission in connection with
10an investigation, including the full text of any complaint received by the commission,
11are not subject to the right of inspection and copying under s. 19.35 (1), except as
12follows:
SB294,92,1413
(a) The commission shall permit inspection of records that are distributed or
14discussed in the course of a meeting or hearing by the commission in open session.
SB294,92,1715
(am) The commission shall provide to the joint committee on finance records
16obtained or prepared by the commission in connection with an ongoing investigation
17when required under s. 19.49 (2q).
SB294,92,1918
(b) Investigatory records of the commission may be made public in the course
19of a prosecution initiated under ch. 11, subch. III of ch. 13, or this subchapter.
SB294,92,2220
(bm) The commission shall provide investigatory records to the state auditor
21and the employees of the legislative audit bureau to the extent necessary for the
22bureau to carry out its duties under s. 13.94.
SB294,93,223
(c) The commission shall provide information from investigation and hearing
24records that pertains to the location of individuals and assets of individuals as
1requested under s. 49.22 (2m) by the department of children and families or by a
2county child support agency under s. 59.53 (5).
SB294,93,83
(d) If the commission commences a civil prosecution of a person for an alleged
4violation of ch. 11, subch. III of ch. 13, or this subchapter as the result of an
5investigation, the person who is the subject of the investigation may authorize the
6commission to make available for inspection and copying under s. 19.35 (1) records
7of the investigation pertaining to that person if the records are available by law to
8the subject person and the commission shall then make those records available.
SB294,93,109
(e) The following records of the commission are open to public inspection and
10copying under s. 19.35 (1):
SB294,93,1211
1. Any record of the action of the commission authorizing the filing of a civil
12complaint under s. 19.49 (2) (b) 5.
SB294,93,1413
2. Any record of the action of the commission referring a matter to a district
14attorney or other prosecutor for investigation or prosecution.
SB294,93,1615
3. Any record containing a finding that a complaint does not raise a reasonable
16suspicion that a violation of the law has occurred.
SB294,93,1817
4. Any record containing a finding, following an investigation, that no probable
18cause exists to believe that a violation of the law has occurred.
SB294,200
19Section
200. 19.55 (4) of the statutes is created to read:
SB294,94,220
19.55
(4) (a) Except as authorized or required under par. (b), records obtained
21in connection with a request for an advisory opinion issued under s. 19.46 (2), other
22than summaries of advisory opinions that do not disclose the identity of individuals
23requesting such opinions or organizations on whose behalf they are requested, are
24not subject to the right of inspection and copying under s. 19.35 (1). Except as
25authorized or required under par. (b), the commission shall make sufficient
1alterations in the summaries to prevent disclosing the identities of individuals or
2organizations involved in the opinions.
SB294,94,103
(b) The commission may make records obtained in connection with an informal
4advisory opinion under par. (a) public with the consent of the individual requesting
5the informal advisory opinion or the organization or governmental body on whose
6behalf it is requested. A person who makes or purports to make public the substance
7of or any portion of an informal advisory opinion requested by or on behalf of the
8person is deemed to have waived the confidentiality of the request for an informal
9advisory opinion and of any records obtained or prepared by the commission in
10connection with the request for an informal advisory opinion.
SB294,94,1711
(c) Within 30 days after completing an investigation related to and the
12preparation of a formal advisory opinion on a matter under the jurisdiction of the
13commission, the commission shall make public the formal advisory opinion and
14records obtained in connection with the request for the formal advisory opinion,
15replacing the identity of any organization or governmental body on whose behalf the
16formal opinion is requested with generic, descriptive terms. The commission shall
17redact information related to the identity of any natural person making the request.
SB294,201
18Section
201. 19.552 of the statutes is created to read:
SB294,94,24
1919.552 Action to compel compliance. Whenever a violation of the laws
20regulating campaign financing occurs or is proposed to occur, the attorney general
21or the district attorney of the county where the violation occurs or is proposed to occur
22may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal
23or equitable relief as may be appropriate to compel compliance with the law. No bond
24is required in such actions.
SB294,202
25Section
202. 19.554 of the statutes is created to read:
SB294,95,13
119.554 Petition for enforcement. In addition to or in lieu of filing a
2complaint, any elector may file a verified petition alleging such facts as are within
3his or her knowledge to indicate that an election official has failed or is failing to
4comply with any law regulating campaign financing or proposes to act in a manner
5inconsistent with such a law, and requesting that an action be commenced for
6injunctive relief, a writ of mandamus or prohibition or other such legal or equitable
7relief as may be appropriate to compel compliance with the law. The petition shall
8be filed with the district attorney for the county having jurisdiction to prosecute the
9alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then
10commence the action or dismiss the petition. If the district attorney declines to act
11upon the petition or if the district attorney fails to act upon the petition within 15
12days of the date of filing, the petitioner may file the same petition with the attorney
13general, who may then commence the action.
SB294,203
14Section
203. 19.58 (4) of the statutes is created to read:
SB294,95,1615
19.58
(4) A person who violates s. 19.50 may be fined not more than $10,000
16or imprisoned for not more than 9 months or both.
SB294,204
17Section
204. 19.59 (1) (g) 8. of the statutes is amended to read:
SB294,96,518
19.59
(1) (g) 8. No district board member, member of a district board member's
19immediate family, nor any organization with which the district board member or a
20member of the district board member's immediate family owns or controls at least
2110% of the outstanding equity, voting rights, or outstanding indebtedness may enter
22into any contract or lease involving a payment or payments of more than $3,000
23within a 12-month period, in whole or in part derived from district funds unless the
24district board member has first made written disclosure of the nature and extent of
25such relationship or interest to the
government accountability board commission
1and to the district. Any contract or lease entered into in violation of this subdivision
2may be voided by the district in an action commenced within 3 years of the date on
3which the
government accountability board commission, or the district, knew or
4should have known that a violation of this subdivision had occurred. This
5subdivision does not affect the application of s. 946.13.
SB294,205
6Section
205. 19.85 (1) (h) of the statutes is amended to read:
SB294,96,107
19.85
(1) (h) Consideration of requests for confidential written advice from the
8government accountability board elections commission under s. 5.05 (6a)
or the
9ethics commission under s. 19.46 (2), or from any county or municipal ethics board
10under s. 19.59 (5).
SB294,206
11Section
206. 19.851 (title) of the statutes is amended to read:
SB294,96,13
1219.851 (title)
Closed sessions by government accountability board
13ethics or elections commission.
SB294,207
14Section
207. 19.851 of the statutes is renumbered 19.851 (2) and amended to
15read:
SB294,96,1916
19.851
(2) The
government accountability board commission shall hold each
17meeting of the
board commission for the purpose of deliberating concerning an
18investigation of any violation of the law under the jurisdiction of the
ethics and
19accountability division of the board commission in closed session under this section.
SB294,97,4
20(1) Prior to convening under this section
or under s. 19.85 (1), the
government
21accountability board ethics commission and the elections commission shall vote to
22convene in closed session in the manner provided in s. 19.85 (1).
The ethics
23commission shall identify the specific reason or reasons under sub. (2) and s. 19.85
24(1) (a) to (h) for convening in closed session. The elections commission shall identify
25the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed
1session. No business may be conducted by the
government accountability board 2ethics commission or the elections commission at any closed session under this
3section except that which relates to the purposes of the session as authorized in this
4section or as authorized in s. 19.85 (1).
SB294,208
5Section
208. 20.005 (3) (schedule) of the statutes: at the appropriate place,
6insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB294,209
1Section
209. 20.505 (1) (d) of the statutes is amended to read:
SB294,98,72
20.505
(1) (d)
Special counsel. A sum sufficient,
subject to s. 5.05 (2q), for
3supplementing the appropriation under s. 20.510 (1) (be) for ongoing investigations;
4subject to s. 19.49 (2q), for supplementing the appropriation under s. 20.521 (1) (be)
5for ongoing investigations; and, subject to the procedures established in
ss. 5.05 (2m)
6(c) and s. 14.11 (2) (c), for the compensation of special counsel appointed as provided
7in ss.
5.05 (2m) (c), 14.11 (2)
, and 321.42.
SB294,210
8Section
210. 20.510 (intro.) and (1) (title) of the statutes are created to read:
SB294,98,11
920.510 Elections commission. (intro.) There is appropriated from the
10general fund, except where otherwise indicated, to the elections commission for the
11following programs:
SB294,98,12
12(1) (title)
Administration of elections.
SB294,211
13Section
211. 20.510 (1) (br) of the statutes is created to read:
SB294,98,1514
20.510
(1) (br)
Special counsel. The amounts in the schedule for the
15compensation of special counsel appointed as provided in s. 5.05 (2m) (c) 6.
SB294,212
16Section
212. 20.511 (intro.) and (1) (title) of the statutes are repealed.
SB294,213
17Section
213. 20.511 (1) (a) of the statutes is renumbered 20.510 (1) (a) and
18amended to read:
SB294,99,5
120.510
(1) (a)
General program operations; general purpose revenue. 2Biennially, the amounts in the schedule for general program operations of the
board 3commission, including the printing of forms, materials, manuals, and election laws
4under ss. 7.08 (1) (b), (3), and (4)
and 11.21 (3) and (14), and the training of election
5officials under s. 5.05 (7).
SB294,214
6Section
214. 20.511 (1) (be) of the statutes is renumbered 20.510 (1) (be) and
7amended to read:
SB294,99,118
20.510
(1) (be)
Investigations. A sum sufficient The amounts in the schedule 9for the purpose of financing the costs of investigations authorized by the
board 10commission of potential violations of chs. 5 to
10 and 12
, subch. III of ch. 13, and
11subch. III of ch. 19.
SB294,215
12Section
215. 20.511 (1) (bm) of the statutes is renumbered 20.510 (1) (bm).
SB294,216
13Section
216. 20.511 (1) (c) of the statutes is renumbered 20.510 (1) (c).
SB294,217
14Section
217. 20.511 (1) (d) of the statutes is renumbered 20.510 (1) (d).
SB294,218
15Section
218. 20.511 (1) (g) of the statutes is renumbered 20.510 (1) (g) and
16amended to read:
SB294,99,2217
20.510
(1) (g)
Recount fees. The amounts in the schedule to be apportioned to
18the county clerks or county board of election commissioners as prescribed in s. 9.01
19(1) (ag). All moneys received on account of recount petitions filed with
it, to be
20apportioned to the county clerks or county board of election commissioners as
21prescribed in s. 9.01 (1) (ag) the commission shall be credited to this appropriation
22account.
SB294,219
23Section
219. 20.511 (1) (h) of the statutes is renumbered 20.510 (1) (h) and
24amended to read:
SB294,100,11
120.510
(1) (h)
Materials and services. The amounts in the schedule for the costs
2of publishing documents, locating and copying records, and conducting
programs
3under s. 19.48 (9) and administrative meetings and conferences, for compiling,
4disseminating, and making available information prepared by and filed with the
5board under s. 19.48 (10) commission, and for supplies, postage, and shipping. All
6moneys received by the
board commission from collections for sales of publications,
7for copies of records, for supplies, for postage, for shipping and records location fees,
8from fees assessed under s. 19.48 (9) and (10), and for charges assessed to
9participants in administrative meetings and conferences, except moneys received
10from requesters from sales of copies of the official registration list, shall be credited
11to this appropriation account.
SB294,220
12Section
220. 20.511 (1) (i) of the statutes is renumbered 20.510 (1) (e) and
13amended to read:
SB294,100,1614
20.510
(1) (e)
Elections administration
; program revenue. The amounts in the
15schedule for the administration of chs. 5 to
10 and 12.
All moneys received from fees
16imposed under s. 11.055 (1) shall be credited to this appropriation account.
SB294,221
17Section
221. 20.511 (1) (im) of the statutes is repealed.
SB294,222
18Section
222. 20.511 (1) (j) of the statutes is renumbered 20.521 (1) (j) and
19amended to read:
SB294,100,2420
20.521
(1) (j)
Electronic filing software. The amounts in the schedule for
21providing software to be utilized for electronic filing of campaign finance reports
22under s. 11.21 (16). All moneys received from registrants who purchase software
to
23be utilized for electronic filing of campaign finance reports under s. 11.21 (16)
, for the
24purpose of providing that software shall be credited to this appropriation account.
SB294,223
1Section
223. 20.511 (1) (jm) of the statutes is renumbered 20.510 (1) (jm) and
2amended to read:
SB294,101,73
20.510
(1) (jm)
Gifts and grants.
The amounts in the schedule to carry out the
4purposes, not inconsistent with the law, for which gifts, grants, and bequests to the
5commission are made. All moneys received by the
board commission from gifts,
6grants, and bequests
to carry out the purposes, not inconsistent with the law, for
7which made or received shall be credited to this appropriation account.
SB294,224
8Section
224. 20.511 (1) (m) of the statutes is renumbered 20.510 (1) (m) and
9amended to read:
SB294,101,1410
20.510
(1) (m)
Federal aid. The amounts in the schedule to be used for the
11administration of chs. 5 to 10 and 12. All moneys received from the federal
12government, as authorized by the governor under s. 16.54, that are not appropriated
13under par. (x),
to be used for the administration of chs. 5 to 12, subch. III of ch. 13,
14or subch. III of ch. 19 shall be credited to this appropriation account.
SB294,225
15Section
225. 20.511 (1) (t) of the statutes is renumbered 20.510 (1) (t).
SB294,226
16Section
226. 20.511 (1) (x) of the statutes is renumbered 20.510 (1) (x).
SB294,227
17Section
227. 20.521 (intro.) and (1) of the statutes are created to read:
SB294,101,19
1820.521 Ethics commission. (intro.) There is appropriated to the ethics
19commission for the following programs:
SB294,101,22
20(1) Ethics, campaign finance and lobbying regulation. (a)
General program
21operations; general purpose revenue. The amounts in the schedule for general
22program operations under ch. 11, subch. III of ch. 13, and subch. III of ch. 19.
SB294,101,2523
(be)
Investigations. The amounts in the schedule for the purpose of financing
24the costs of investigations authorized by the commission of potential violations of ch.
2511, subch. III of ch. 13, or subch. III of ch. 19.
SB294,102,2
1(br)
Special counsel. The amounts in the schedule for the compensation of
2special counsel appointed as provided in s. 19.49 (2) (b) 5.
SB294,102,73
(g)
General program operations; program revenue. The amounts in the
4schedule for general program operations under ch. 11, subch. III of ch. 13, and subch.
5III of ch. 19. All moneys received from fees collected under s. 13.75 and all moneys
6received from fees imposed under s. 11.055 (1) shall be credited to this appropriation
7account.
SB294,102,118
(h)
Gifts and grants. The amounts in the schedule to carry out the purposes,
9not inconsistent with the law, for which gifts, grants, and bequests to the commission
10are made. All moneys received by the commission from gifts, grants, and bequests
11shall be credited to this appropriation account.
SB294,102,1812
(i)
Materials and services. The amounts in the schedule for the cost of
13publishing documents, locating and copying records, postage and shipping, and
14conducting programs under s. 19.48 (9) and of compiling, disseminating, and making
15available information prepared by and filed with the commission under s. 19.48 (10).
16All moneys received by the commission from sales of documents, and from fees
17collected for copies of records, for postage, shipping, and location fees, and from fees
18assessed under s. 19.48 (9) and (10) shall be credited to this appropriation account.
SB294,228
19Section
228. 20.923 (4) (f) 3j. of the statutes is repealed.
SB294,229
20Section
229. 20.930 of the statutes is amended to read:
SB294,102,23
2120.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7.,
19.49 (2) (b)
226., 46.27 (7g) (h), 49.496 (3) (f), and 49.682 (6), no state agency in the executive branch
23may employ any attorney until such employment has been approved by the governor.
SB294,230
24Section
230. 20.9305 (2) (e) (intro.) of the statutes is amended to read:
SB294,103,3
120.9305
(2) (e) (intro.) The governor shall post on the Internet site maintained
2by the
government accountability board ethics commission under s. 16.753 all of the
3following:
SB294,231
4Section
231. 38.16 (3) (br) 3. of the statutes is amended to read:
SB294,103,125
38.16
(3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12.
6The district board shall provide the election officials with all necessary election
7supplies. The form of the ballot shall correspond substantially with the standard
8form for referendum ballots prescribed by the
government accountability board 9elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall
10be whether the limit under this subsection may be exceeded by a specified amount.
11The limit otherwise applicable to the district under this subsection is increased by
12the amount approved by a majority of those voting on the question.
SB294,232
13Section
232. 45.44 (1) (b) of the statutes is amended to read:
SB294,103,2214
45.44
(1) (b) "Licensing agency" means the department of agriculture, trade
15and consumer protection; the department of children and families; the department
16of financial institutions; the department of health services; the department of
17natural resources; the department of public instruction; the department of revenue;
18the department of safety and professional services and its examining boards and
19affiliated credentialing boards; the department of transportation; the department of
20workforce development; the board of commissioners of public lands; the
government
21accountability board ethics commission; or the office of the commissioner of
22insurance.
SB294,233
23Section
233. 49.165 (4) (a) of the statutes is amended to read:
SB294,104,3
149.165
(4) (a) The department shall certify to the
government accountability
2board elections commission, on a continuous basis, a list containing the name and
3address of each organization that is eligible to receive grants under sub. (2).
SB294,234
4Section
234. 59.605 (3) (a) 3. of the statutes is amended to read: