AB1-ASA2, s. 114
20Section
114. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 9. and
21amended to read:
AB1-ASA2,55,722
5.05
(2m) (c) 9. At the conclusion of its investigation, the board shall, in
23preliminary written findings of fact and conclusions based thereon, make a
24determination of whether or not probable cause exists to believe that a violation
of 25this subchapter or subch. III of ch. 13 under subd. 2. has occurred
or is occurring.
1If the board determines that no probable cause exists, it shall
dismiss the complaint.
2Whenever the board dismisses a complaint or a complaint is deemed to be dismissed
3under subd. 5., the board shall immediately send written notice of
such
4determination the dismissal to the accused and to the party who made the complaint.
5If the board determines that there is probable cause for believing that a violation of
6this subchapter or subch. III of ch. 13 has been committed, its preliminary findings
7of fact and conclusions may contain:
AB1-ASA2, s. 115
8Section
115. 19.51 (1) (a) and (b) of the statutes are repealed.
AB1-ASA2, s. 116
9Section
116. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 10.
AB1-ASA2, s. 121
14Section
121. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
15to read:
AB1-ASA2,56,816
19.579
(1) An order requiring the accused Except as provided in sub. (2), any
17person who violates this subchapter may be required to forfeit not more than $500
18for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
19violation of any other provision of this subchapter
, or not more than the applicable
20amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 21determines that the accused has realized economic gain as a result of the violation,
22the
board court may, in addition, order the accused to forfeit the amount gained as
23a result of the violation. In addition, if the
board
court determines that a state public
24official has violated s. 19.45 (13), the
board court may order the official to forfeit an
25amount equal to the amount or value of any political contribution, service, or other
1thing of value that was wrongfully obtained. If the
board court determines that a
2state public official has violated s. 19.45 (13) and no political contribution, service or
3other thing of value was obtained, the
board court may order the official to forfeit an
4amount equal to the maximum contribution authorized under s. 11.26 (1) for the
5office held or sought by the official, whichever amount is greater. The attorney
6general, when so requested by the board, shall institute proceedings to recover any
7forfeiture incurred under this section
or s. 19.545 which is not paid by the person
8against whom it is assessed.
AB1-ASA2,56,2414
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
15subchapter or subch. III of ch. 13 in the possession of the board are open to public
16inspection at all reasonable times. The board shall require an individual wishing to
17examine a statement of economic interests or the list of persons who inspect any
18statements which are in the board's possession to provide his or her full name and
19address, and if the individual is representing another person, the full name and
20address of the person which he or she represents. Such identification may be
21provided in writing or in person. The board shall record and retain for at least 3 years
22information obtained by it pursuant to this subsection. No individual may use a
23fictitious name or address or fail to identify a principal in making any request for
24inspection.
AB1-ASA2, s. 127
1Section
127. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) 1. and
2amended to read:
AB1-ASA2,57,103
5.05
(5s) (f) 1.
Records Except as authorized or required under subd. 2., records 4obtained in connection with a request for an advisory opinion
issued under s. 5.05
5(6a), other than summaries of advisory opinions that do not disclose the identity of
6individuals requesting such opinions or organizations on whose behalf they are
7requested
, are not subject to the right of inspection and copying under s. 19.35 (1).
8Except as authorized or required under subd. 2., the board shall make sufficient
9alterations in the summaries to prevent disclosing the identities of individuals or
10organizations involved in the opinions.
AB1-ASA2,57,13
112. a. The board may
, however, make
such records
under subd. 1. public with the
12consent of the individual requesting the advisory opinion or the organization or
13governmental body on whose behalf it is requested.
AB1-ASA2,57,18
14b. A person who makes or purports to make public the substance of or any
15portion of an advisory opinion requested by or on behalf of the person is deemed to
16have waived the confidentiality of the request for an advisory opinion and of any
17records obtained or prepared by the board in connection with the request for an
18advisory opinion.
AB1-ASA2, s. 128
19Section
128. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
20amended to read:
AB1-ASA2,57,2421
5.05
(5s) (intro.) Records obtained or prepared by the board in connection with
22an investigation
, including the full text of any complaint received by the board, are
23not subject to the right of inspection and copying under s. 19.35 (1), except
as
24provided in pars. (d) and (e) and except that
the
:
AB1-ASA2,58,5
1(a) The board shall permit inspection of records that are
made public 2distributed or discussed in the course of a
meeting or hearing by the board
to
3determine if a violation of this subchapter or subch. III of ch. 13 has occurred. 4Whenever the board refers such investigation and hearing records to a district
5attorney or to the attorney general, they in open session.
AB1-ASA2,58,8
6(b) Investigatory records of the board may be made public in the course of a
7prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
8III of ch. 19.
AB1-ASA2,58,12
9(c) The board shall
also provide information from investigation and hearing
10records that pertains to the location of individuals and assets of individuals as
11requested under s. 49.22 (2m) by the department of workforce development or by a
12county child support agency under s. 59.53 (5).
AB1-ASA2, s. 129
13Section
129. 19.55 (2) (c) of the statutes is amended to read:
AB1-ASA2,58,2014
19.55
(2) (c) Statements of economic interests and reports of economic
15transactions which are filed with the
ethics government accountability board by
16members or employees of the investment board, except that the
ethics government
17accountability board shall refer statements and reports filed by such individuals to
18the legislative audit bureau for its review, and except that a statement of economic
19interests filed by a member or employee of the investment board who is also an
20official required to file shall be open to public inspection.
AB1-ASA2, s. 130
21Section
130. 19.579 (title) of the statutes is amended to read:
AB1-ASA2,58,22
2219.579 (title)
Civil penalty penalties.
AB1-ASA2, s. 131
23Section
131. 19.579 of the statutes is renumbered 19.579 (2).
AB1-ASA2, s. 132
24Section
132. 19.59 (1) (g) 8. of the statutes is amended to read:
AB1-ASA2,59,13
119.59
(1) (g) 8. No district board member, member of a district board member's
2immediate family, nor any organization with which the district board member or a
3member of the district board member's immediate family owns or controls at least
410% of the outstanding equity, voting rights, or outstanding indebtedness may enter
5into any contract or lease involving a payment or payments of more than $3,000
6within a 12-month period, in whole or in part derived from district funds unless the
7district board member has first made written disclosure of the nature and extent of
8such relationship or interest to the
ethics government accountability board and to
9the district. Any contract or lease entered into in violation of this subdivision may
10be voided by the district in an action commenced within 3 years of the date on which
11the
ethics government accountability board, or the district, knew or should have
12known that a violation of this subdivision had occurred. This subdivision does not
13affect the application of s. 946.13.
AB1-ASA2, s. 133
14Section
133. 19.85 (1) (h) of the statutes is amended to read:
AB1-ASA2,59,1715
19.85
(1) (h) Consideration of requests for confidential written advice from the
16ethics government accountability board under s.
19.46 (2) 5.05 (6a), or from any
17county or municipal ethics board under s. 19.59 (5).
AB1-ASA2,60,2
1919.851 Closed sessions by government accountability board. The
20government accountability board shall hold each meeting of the board for the
21purpose of deliberating concerning an investigation of any violation of the law under
22the jurisdiction of the ethics and accountability division of the board in closed session
23under this section. Prior to convening under this section, the government
24accountability board shall vote to convene in closed session in the manner provided
25in s. 19.85 (1). No business may be conducted by the government accountability
1board at any closed session under this section except that which relates to the
2purposes of the session as authorized in this section or as authorized in s. 19.85 (1).
AB1-ASA2, s. 135
3Section
135. 20.005 (3) (schedule) of the statutes: at the appropriate place,
4insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB1-ASA2, s. 137
7Section
137. 20.455 (1) (b) of the statutes is amended to read:
AB1-ASA2,60,108
20.455
(1) (b)
Special counsel. A sum sufficient, subject to the
procedure 9procedures established in
s. ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation
10of special counsel appointed as provided in ss.
5.05 (2m) (c) and 14.11 (2) and 21.13.
AB1-ASA2, s. 141
4Section
141. 20.510 (1) (b) of the statutes is renumbered 20.511 (1) (b).
AB1-ASA2, s. 142
5Section
142. 20.510 (1) (bm) of the statutes is renumbered 20.511 (1) (bm).
AB1-ASA2, s. 143
6Section
143. 20.510 (1) (c) of the statutes is renumbered 20.511 (1) (c).
AB1-ASA2, s. 144
7Section
144. 20.510 (1) (d) of the statutes is renumbered 20.511 (1) (d).
AB1-ASA2, s. 145
8Section
145. 20.510 (1) (g) of the statutes is renumbered 20.511 (1) (g).
AB1-ASA2, s. 149
12Section
149. 20.510 (1) (j) of the statutes is renumbered 20.511 (1) (j).
AB1-ASA2, s. 150
13Section
150. 20.510 (1) (q) of the statutes is renumbered 20.511 (1) (q).
AB1-ASA2, s. 151
14Section
151. 20.510 (1) (t) of the statutes is renumbered 20.511 (1) (t).
AB1-ASA2, s. 152
15Section
152. 20.510 (1) (x) of the statutes is renumbered 20.511 (1) (x).
AB1-ASA2, s. 153
16Section
153. 20.511 (intro.) and (1) (title) and (a) of the statutes are created
17to read.
AB1-ASA2,61,20
1820.511 Government accountability board. (intro.) There is appropriated
19from the general fund, except where otherwise indicated, to the government
20accountability board for the following programs:
AB1-ASA2,61,21
21(1) (title)
Administration of election, ethics, and lobbying laws.
AB1-ASA2,61,2522
(a)
General program operations; general purpose revenue. Biennially, the
23amounts in the schedule for general program operations of the board, including the
24printing of forms, materials, manuals, and election laws under ss. 7.08 (1) (b), (3), and
25(4) and 11.21 (3) and (14), and the training of election officials under s. 5.05 (7).
AB1-ASA2, s. 154
1Section
154. 20.511 (1) (c) of the statutes, as affected by 2007 Wisconsin Act
2.... (this act), is repealed.
AB1-ASA2, s. 155
3Section
155. 20.511 (1) (h) and (i) of the statutes are created to read:
AB1-ASA2,62,124
20.511
(1) (h)
Materials and services. The amounts in the schedule for the costs
5of publishing documents, locating and copying records, and conducting programs
6under s. 19.48 (9) and administrative meetings and conferences, for compiling,
7disseminating, and making available information prepared by and filed with the
8board under s. 19.48 (10), and for supplies, postage, and shipping. All moneys
9received by the board from collections for sales of publications, copies of records, and
10supplies, for postage, for shipping and records location fees, from fees assessed under
11s. 19.48 (9) and (10), and for charges assessed to participants in administrative
12meetings and conferences shall be credited to this appropriation account.
AB1-ASA2,62,1513
(i)
General program operations; program revenue. The amounts in the schedule
14for general program operations of the board. All moneys received from fees imposed
15under ss. 11.055 (1) and 13.75 shall be credited to this appropriation account.
AB1-ASA2, s. 159
19Section
159. 20.521 (1) (b) of the statutes is renumbered 20.511 (1) (be) and
20amended to read:
AB1-ASA2,62,2521
20.511
(1) (be)
Code of ethics investigations Investigations. Biennially, the
22amounts in the schedule A sum sufficient for the purpose of financing the costs of
23investigations
authorized by the board of
potential violations of
the code of ethics for
24state public officials and employees under chs. 5 to 12, subch. III of ch. 13, and subch.
25III of ch. 19.
AB1-ASA2, s. 161
2Section
161. 20.521 (1) (h) of the statutes is renumbered 20.511 (1) (jm) and
3amended to read:
AB1-ASA2,63,64
20.511
(1) (jm)
Gifts and grants. All moneys received by the board from gifts,
5grants,
and bequests
and devises to carry out the purposes, not inconsistent with
6subch. III of ch. 13 or subch. III of ch. 19 the law, for which made or received.
AB1-ASA2, s. 165
10Section
165. 20.923 (4) (f) 3j. of the statutes is created to read:
AB1-ASA2,63,1111
20.923
(4) (f) 3j. Government accountability board: legal counsel.
AB1-ASA2,63,15
1320.930 Attorney fees. Except as provided in ss.
5.05 (2m) (c) 7., 46.27 (7g) (h),
1449.496 (3) (f) and 49.682 (6), no state agency in the executive branch may employ any
15attorney until such employment has been approved by the governor.
AB1-ASA2,63,2017
46.95
(4) List of eligible organizations. The department shall certify to the
18elections government accountability board, on a continuous basis, a list containing
19the name and address of each organization that is eligible to receive grants under
20sub. (2).
AB1-ASA2, s. 168
21Section
168. 59.605 (3) (a) 3. of the statutes is amended to read:
AB1-ASA2,64,1522
59.605
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
23The governing body shall provide the election officials with all necessary election
24supplies. The form of the ballot shall correspond substantially with the standard
25form for referendum ballots prescribed by the
elections government accountability
1board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
2operating levy rate, the question shall be submitted as follows: "Under state law, the
3operating levy rate for the .... (name of county), for the tax to be imposed for the year
4.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
5county) be allowed to exceed this rate limit for .... (a specified number of years) (an
6indefinite period) by $.... per $1,000 of equalized value that results in an operating
7levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
8specifies the operating levy, the question shall be submitted as follows: "Under state
9law, the operating levy rate for the .... (name of county), for the tax to be imposed for
10the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
11the operating levy rate limit, shall the .... (name of county) be allowed to levy an
12amount not to exceed $.... (operating levy) for operating purposes for the year ....
13(year), which may increase the operating levy rate for .... (a specified number of
14years) (an indefinite period)? This would allow a ....% increase above the levy of $....
15(preceding year operating levy) for the year .... (preceding year)."
AB1-ASA2, s. 169
16Section
169. 67.05 (3) (b) of the statutes is amended to read:
AB1-ASA2,64,2417
67.05
(3) (b) The clerk of the jurisdiction in which the referendum is held shall
18prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
19referendum is held is not a city, village
, or town, and the clerk of the jurisdiction in
20which the referendum is held prepares the ballots, the clerk shall deliver the ballots
21to the municipal clerk of each city, village
, or town which is wholly or partly contained
22within the jurisdiction in which the referendum is held. The form of the ballot shall
23correspond with the form prescribed by the
elections
government accountability 24board under ss. 5.64 (2) and 7.08 (1) (a).
AB1-ASA2,65,14
167.05
(6) Referendum in other cases. Whenever an initial resolution has been
2adopted by the governing body of any municipality other than a county, a town, a city,
3a village, a technical college district, a metropolitan sewerage district created under
4ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake
5protection and rehabilitation district
, or a board of park commissioners, the clerk of
6such municipality shall immediately record the resolution and call a special meeting
7for the purpose of submitting it to the electors of the municipality for ratification or
8rejection. The calling and conduct of the meeting shall be governed by those statutes,
9so far as applicable, which govern the calling and conduct of special meetings in
10general. The notice of the meeting, which shall be publicly read before the balloting
11shall commence, and the ballot used, shall embody a copy of the resolution; the form
12of the ballot shall correspond with the form prescribed by the
elections government
13accountability board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted
14shall be whether the resolution shall be approved.
AB1-ASA2, s. 171
15Section
171. 71.10 (3) (b) of the statutes is amended to read:
AB1-ASA2,65,2416
71.10
(3) (b) The secretary of revenue shall provide a place for those
17designations on the face of the individual income tax return and shall provide next
18to that place a statement that a designation will not increase tax liability. Annually
19on August 15, the secretary of revenue shall certify to the
elections government
20accountability board, the department of administration and the state treasurer
21under s. 11.50 the total amount of designations made during the preceding fiscal
22year. If any individual attempts to place any condition or restriction upon a
23designation, that individual is deemed not to have made a designation on his or her
24tax return.
AB1-ASA2, s. 172
25Section
172. 73.0301 (1) (d) 13. of the statutes is amended to read: