2007 Wisconsin Act 1

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:

19.55 (1) Except as provided in sub. (2) and s. 5.05 (5s), all records under this subchapter or subch. III of ch. 13 in the possession of the board are open to public inspection at all reasonable times. The board shall require an individual wishing to examine a statement of economic interests or the list of persons who inspect any statements which are in the board's possession to provide his or her full name and address, and if the individual is representing another person, the full name and address of the person which he or she represents. Such identification may be provided in writing or in person. The board shall record and retain for at least 3 years information obtained by it pursuant to this subsection. No individual may use a fictitious name or address or fail to identify a principal in making any request for inspection.

1,127 Section 127. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) 1. and amended to read:

5.05 (5s) (f) 1. Records Except as authorized or required under subd. 2., records obtained in connection with a request for an advisory opinion issued under s. 5.05 (6a), other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested, are not subject to the right of inspection and copying under s. 19.35 (1). Except as authorized or required under subd. 2., the board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the opinions.

2. a. The board may, however, make such records under subd. 1. public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested.

b. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the board in connection with the request for an advisory opinion.

1,128 Section 128. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and amended to read:

5.05 (5s) (intro.) Records obtained or prepared by the board in connection with an investigation, including the full text of any complaint received by the board, are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in pars. (d) and (e) and except that the:

(a) The board shall permit inspection of records that are made public distributed or discussed in the course of a meeting or hearing by the board to determine if a violation of this subchapter or subch. III of ch. 13 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they in open session.

(b) Investigatory records of the board may be made public in the course of a prosecution initiated under this subchapter chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.

(c) The board shall also provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of workforce development or by a county child support agency under s. 59.53 (5).

1,129 Section 129. 19.55 (2) (c) of the statutes is amended to read:

19.55 (2) (c) Statements of economic interests and reports of economic transactions which are filed with the ethics government accountability board by members or employees of the investment board, except that the ethics government accountability board shall refer statements and reports filed by such individuals to the legislative audit bureau for its review, and except that a statement of economic interests filed by a member or employee of the investment board who is also an official required to file shall be open to public inspection.

1,130 Section 130. 19.579 (title) of the statutes is amended to read:

19.579 (title) Civil penalty penalties.

1,131 Section 131. 19.579 of the statutes is renumbered 19.579 (2).

1,132 Section 132. 19.59 (1) (g) 8. of the statutes is amended to read:

19.59 (1) (g) 8. No district board member, member of a district board member's immediate family, nor any organization with which the district board member or a member of the district board member'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 district funds unless the district board member has first made written disclosure of the nature and extent of such relationship or interest to the ethics government accountability board and to the district. Any contract or lease entered into in violation of this subdivision may be voided by the district in an action commenced within 3 years of the date on which the ethics government accountability board, or the district, knew or should have known that a violation of this subdivision had occurred. This subdivision does not affect the application of s. 946.13.

1,133 Section 133. 19.85 (1) (h) of the statutes is amended to read:

19.85 (1) (h) Consideration of requests for confidential written advice from the ethics government accountability board under s. 19.46 (2) 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

1,134 Section 134. 19.851 of the statutes is created to read:

19.851 Closed sessions by government accountability board. The government accountability board shall hold each meeting of the board for the purpose of deliberating concerning an investigation of any violation of the law under the jurisdiction of the ethics and accountability division of the board in closed session under this section. Prior to convening under this section, the government accountability board shall vote to convene in closed session in the manner provided in s. 19.85 (1). No business may be conducted by the government accountability board at any closed session under this section except that which relates to the purposes of the session as authorized in this section or as authorized in s. 19.85 (1).

1,135 Section 135. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

1,136 Section 136. 20.005 (3) (schedule) 20.511 of the statutes is repealed and recreated to read: - See PDF for table

1,137 Section 137. 20.455 (1) (b) of the statutes is amended to read:

20.455 (1) (b) Special counsel. A sum sufficient, subject to the procedure procedures established in s. ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 5.05 (2m) (c) and 14.11 (2) and 21.13.

1,138 Section 138. 20.510 (intro.) of the statutes is repealed.

1,139 Section 139. 20.510 (1) (title) of the statutes is repealed.

1,140 Section 140. 20.510 (1) (a) of the statutes is repealed.

1,141 Section 141. 20.510 (1) (b) of the statutes is renumbered 20.511 (1) (b).

1,142 Section 142. 20.510 (1) (bm) of the statutes is renumbered 20.511 (1) (bm).

1,143 Section 143. 20.510 (1) (c) of the statutes is renumbered 20.511 (1) (c).

1,144 Section 144. 20.510 (1) (d) of the statutes is renumbered 20.511 (1) (d).

1,145 Section 145. 20.510 (1) (g) of the statutes is renumbered 20.511 (1) (g).

1,146 Section 146. 20.510 (1) (gm) of the statutes is repealed.

1,147 Section 147. 20.510 (1) (h) of the statutes is repealed.

1,148 Section 148. 20.510 (1) (i) of the statutes is repealed.

1,149 Section 149. 20.510 (1) (j) of the statutes is renumbered 20.511 (1) (j).

1,150 Section 150. 20.510 (1) (q) of the statutes is renumbered 20.511 (1) (q).

1,151 Section 151. 20.510 (1) (t) of the statutes is renumbered 20.511 (1) (t).

1,152 Section 152. 20.510 (1) (x) of the statutes is renumbered 20.511 (1) (x).

1,153 Section 153. 20.511 (intro.) and (1) (title) and (a) of the statutes are created to read.

20.511 Government accountability board. (intro.) There is appropriated from the general fund, except where otherwise indicated, to the government accountability board for the following programs:

(1) (title) Administration of election, ethics, and lobbying laws.

(a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the board, including the printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and (4) and 11.21 (3) and (14), and the training of election officials under s. 5.05 (7).

1,154 Section 154. 20.511 (1) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.