AB150: Bill Text

AB150,117,19 5.05 (1) (c) Bring civil actions to require forfeitures for any violation of ch. 11 or s. 12.05 under s. 11.60 (4). Forfeiture actions brought by the board may concern only violations with respect to reports or statements required by law to be filed with it, and other violations arising under elections for state office or statewide referenda. The board may compromise and settle any civil action or potential action brought or authorized to be brought by it under ch. 11 s. 11.60 (4) which, in the opinion of the board, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the board shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county wherein the violation is alleged to occur.

AB150, s. 2 Section 2. 5.05 (3) (d) of the statutes is created to read:

AB150,118,5 5.05 (3) (d) If the board receives a verified complaint under par. (a) alleging a violation of s. 12.05, the board shall investigate the complaint and make a public statement concerning the truthfulness of any false representation alleged in the complaint within 15 days of receipt of the complaint by the board, unless the board dismisses the complaint under par. (c).

AB150, s. 3 Section 3. 7.33 (1) (a) of the statutes is amended to read:

AB150,118,7 7.33 (1) (a) "Employe" has the meaning given under s. 101.01 (2) (a) (3).

AB150, s. 4 Section 4. 7.33 (1) (b) of the statutes is amended to read:

AB150,118,9 7.33 (1) (b) "Employer" has the meaning given under s. 101.01 (2) (b) (4).

AB150, s. 5 Section 5. 7.33 (1) (c) of the statutes is amended to read:

AB150,118,12 7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under ch. 231, 232, 233 or 234.

AB150, s. 6 Section 6. 11.055 of the statutes is created to read:

AB150,118,16 11.055 Filing fees. (1) Except as provided in sub. (3), each individual who, or committee or group that, is required to register with the board under s. 11.05 shall annually pay a filing fee of $100 to the board.

AB150,118,24 (2) An individual who, or committee or group that, is subject to sub. (1) shall pay the fee specified in sub. (1) together with the continuing report filed under s. 11.20 (4) in January of each year. If an individual, committee or group registers under s. 11.05 or changes status so that sub. (1) becomes applicable to the individual, committee or group during a calendar year, the individual, committee or group shall pay the fee for that year with the filing of the individual's, committee's or group's registration statement under s. 11.05 (1) or (2) or at any time before the change in status becomes effective.

AB150,119,3 (3) Subsection (1) does not apply to any registrant under s. 11.05 for any calendar year during which the registrant does not make disbursements exceeding a total of $1,000.

AB150, s. 7 Section 7. 11.20 (4) of the statutes is amended to read:

AB150,119,11 11.20 (4) Continuing reports under s. 11.06 (1) by committees or individuals supporting or opposing candidates for office, including committees of a political party, and by individuals or groups supporting or opposing a referendum shall be received by the appropriate filing officer no earlier than January 1 and no later than January 31; and no earlier than July 1 and no later than July 20. Individuals, committees and groups to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with their continuing reports filed in January.

AB150, s. 8 Section 8. 11.36 (1) of the statutes is amended to read:

AB150,119,21 11.36 (1) No person may solicit or receive from any state officer or employe or from any officer or employe of the University of Wisconsin Hospitals and Clinics Authority any contribution or service for any political purpose while the officer or employe is on state time or is engaged in his or her official duties, except that an elected state official may solicit and receive services not constituting a contribution from a state officer or employe or an officer or employe of the University of Wisconsin Hospitals and Clinics Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any state such officer or employe.

AB150, s. 9 Section 9. 11.36 (3) and (4) of the statutes are amended to read:

AB150,120,2 11.36 (3) Every person who has charge or control in a building, office or room occupied for any purpose by this state or, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office or room for the purpose of making or receiving a contribution.

AB150,120,6 (4) No person may enter or remain in any building, office or room occupied for any purpose by the state or, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.

AB150, s. 10 Section 10. 12.60 (title) of the statutes is amended to read:

AB150,120,8 12.60 (title) Penalties; enforcement.

AB150, s. 11 Section 11. 12.60 (1) (b) of the statutes is amended to read:

AB150,120,12 12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (3) (b), (c), (d), (g), (i) or (n) to (x) may be fined not more than $1,000, or imprisoned for not more than 6 months or both.

AB150, s. 12 Section 12. 12.60 (1) (bm) of the statutes is created to read:

AB150,120,15 12.60 (1) (bm) Whoever intentionally violates s. 12.05 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB150, s. 13 Section 13. 12.60 (1) (c) of the statutes is amended to read:

AB150,120,18 12.60 (1) (c) Whoever violates s. 12.05 or 12.13 (3) (am) or (4) may be required to forfeit not more than $500.

AB150, s. 14 Section 14. 12.60 (4) of the statutes is amended to read:

AB150,120,23 12.60 (4) Prosecutions under Violations of this chapter shall be conducted in accordance with may be prosecuted in the manner provided in s. 11.61 (2), except that any civil violation of s. 12.05 may be prosecuted in the manner provided in s. 11.60 (4).

AB150, s. 15 Section 15. 13.101 (4g) of the statutes is amended to read:

AB150,121,4 13.101 (4g) At the request of the department of agriculture, trade and consumer protection under s. 92.14 (4r), the committee may transfer funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (q) if necessary to provide grants under s. 92.14 (4) (c).

AB150, s. 16 Section 16. 13.101 (6) (a) of the statutes is amended to read:

AB150,121,25 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (4) (a), (d) and (e) (1) (c), (6) (a) and (7) (da), 20.445 (3) (a) and (d) and 20.835 (7) (ac), (cg) and (cr) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

****Note: This is reconciled s. 13.101 (6) (a). This Section has been affected by drafts with the following LRB numbers: -2153/1 and -2568/3.

AB150, s. 17 Section 17. 13.172 (1) of the statutes is amended to read:

AB150,122,6 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in ch. 231, 233 or 234.

AB150, s. 18 Section 18. 13.48 (2) (j) of the statutes is repealed.

AB150, s. 19 Section 19. 13.48 (8) (title) of the statutes is amended to read:

AB150,122,10 13.48 (8) (title) Expansion at Green Bay correctional institution outside of walls prohibited restricted .

AB150, s. 20 Section 20. 13.48 (8) of the statutes is renumbered 13.48 (8) (a) and amended to read:

AB150,122,14 13.48 (8) (a) Further Except as provided in par. (b), further expansion at Green Bay correctional institution outside of the walls is prohibited.

AB150, s. 21 Section 21. 13.48 (8) (b) of the statutes is created to read:

AB150,122,18 13.48 (8) (b) Subject to the procedures under sub. (10) and ss. 16.85 (1), 16.87 and 20.924 (1), the department of corrections may expand beyond the walls on the west and north sides of the Green Bay correctional institution.

AB150, s. 22 Section 22. 13.48 (10) of the statutes, as affected by 1993 Wisconsin Act 288, is amended to read:

AB150,123,9 13.48 (10) Approval by building commission. (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

AB150,123,10 (b) This subsection does not apply to contracts any of the following:

AB150,123,13 1. Contracts by the department of natural resources for construction work related to hazardous substance spill response under s. 144.76 or environmental repair under s. 144.442. This subsection does not apply to projects

AB150,123,20 2. Projects approved by the governor in response to emergency situations under s. 16.855 (16) (b) or to allocations from the appropriation made under s. 20.867 (2) for special category projects when the building commission has released funds under sub. (3) and has also approved a plan for the expenditure of those funds. "Special category projects" for the purpose of this subsection subdivision include but are not limited to projects such as special maintenance, energy conservation, handicapped access and advance property acquisition designated by the building commission.

AB150, s. 23 Section 23. 13.48 (10) (b) 3. of the statutes is created to read:

AB150,123,23 13.48 (10) (b) 3. Construction or improvement projects of the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 24 Section 24. 13.48 (13) (a) of the statutes is amended to read:

AB150,124,10 13.48 (13) (a) Except as provided in par. (c), every building, structure or facility that is constructed for the benefit of or use of the state or any state agency, board, commission or department or the University of Wisconsin Hospitals and Clinics Authority shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the and zoning ordinances or regulations of the municipality in which the construction takes place except zoning but is not subject to other ordinances or regulations of that municipality, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB150, s. 25 Section 25. 13.48 (26) of the statutes is amended to read:

AB150,125,15 13.48 (26) Clean water annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 144.2415 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 144.2415 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water fund in perpetuity, maintain the purchasing power of the clean water fund, meet the requirements of ss. 144.241 and 144.2415 to provide financial assistance for water quality pollution abatement needs and nonpoint source water pollution management needs, and provide a stable and sustainable annual level of financial assistance under ss. 144.241 and 144.2415 proportional to the state's long-term water pollution abatement and management needs and priorities. The building commission shall also consider the extent to which the implementation of the clean water fund, as set forth in that version of the biennial finance plan updated to with any amendments that reflect the adopted biennial budget act, implements legislative intent on the clean water fund program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to with any amendments that reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 144.2415 (3) (c). If the building commission disapproves the version of the amended biennial finance plan that is updated to reflect reflects the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the develop additional biennial finance plan amendments and submit the revision amendments to the building commission.

****Note: This is reconciled s. 13.48 (26). This Section has been affected by drafts with the following LRB #'s: -1093 and -2597.

AB150, s. 26 Section 26. 13.48 (28) of the statutes is created to read:

AB150,125,20 13.48 (28) State property leased to the University of Wisconsin Hospitals and Clinics Authority. The building commission may not authorize public debt to construct or improve any on-campus facilities, as defined under s. 233.01 (7), that are or will be leased to the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 27 Section 27. 13.53 (2) (b) of the statutes is amended to read:

AB150,126,4 13.53 (2) (b) Study and review the postaudit or other reports submitted by the legislative audit bureau, confer with the state auditor and assistants and with other legislative committees in regard to such reports and, when necessary, confer with representatives of the state agency entities audited in order to obtain full and complete information in regard to any fiscal transactions and governmental operations within the state.

AB150, s. 28 Section 28. 13.53 (2) (c) of the statutes is amended to read:

AB150,126,11 13.53 (2) (c) Refer to the legislature or to an appropriate standing committee information that, in its opinion, warrants action by the legislature or by the committee. It may request from a standing committee information on such action as is taken. The committee shall seek the advice of the appropriate standing committees with respect to the program portion of an audit relating to a state department or agency an entity which is within the purview of such committee.

AB150, s. 29 Section 29. 13.53 (3) (a) of the statutes is amended to read:

AB150,127,2 13.53 (3) (a) In any instance in which a postaudit report of the legislative audit bureau cites cases of improper payments; inadequate accounting, operating, or administrative system controls, procedures, or related records; inaccuracies; waste or extravagance; unauthorized or unintended activities or programs; or other deficiencies required by statute to be reported, the head of the state department or agency entity to which the audit report pertains shall, within a time period specified by the committee, advise the cochairpersons of the committee, the chairperson of the joint committee on legislative organization and to each appropriate standing committee of any remedial actions taken or to be taken on matters cited in the report. Where such advice is not forthcoming from the head of the state department or agency entity within the time period specified by the committee, or where the committee determines that suitable action has not been taken, the committee may report the matter immediately to the joint committee on legislative organization and to each appropriate standing committee.

AB150, s. 30 Section 30. 13.53 (3) (b) of the statutes is amended to read:

AB150,127,12 13.53 (3) (b) The committee may, in any case, propose specific corrective action to remedy undesirable practices, including changes in applicable laws, rules and procedures, but with respect to the program portion of audit, it shall first seek the advice of the appropriate standing committees which have purview over the state department or agency entity under review. If the committee introduces a bill, it shall be referred to the appropriate standing committee. The appropriate standing committees may propose corrective legislation wherever they find that the program portion of the audit indicates that a law is not being implemented in the manner intended by the legislature when the law was enacted.

AB150, s. 31 Section 31. 13.53 (4) of the statutes is amended to read:

AB150,127,21 13.53 (4) Fiscal and performance evaluations. The committee may at any time, without regard to whether the legislature is then in session, request the joint committee on legislative organization to investigate any matter within the scope of a postaudit completed or being conducted by the legislative audit bureau. It may also request investigation and consideration of any matter relative to the expenditures and revenues as well as the fiscal and performance activities of state departments and agencies entities pursuant to the objectives of the committee and the legislative audit bureau.

AB150, s. 32 Section 32. 13.58 (5) (a) 4. of the statutes is repealed.

AB150, s. 33 Section 33. 13.58 (5) (b) 1. of the statutes is amended to read:

AB150,128,2 13.58 (5) (b) 1. Direct the privacy advocate, the council on information technology or the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under par. (a).

AB150, s. 34 Section 34. 13.62 (2) of the statutes is amended to read:

AB150,128,7 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council or committee in the state government, or any authority created in ch. 231, 232, 233 or 234, except that the term does not include a council or committee of the legislature.

AB150, s. 35 Section 35. 13.625 (8m) of the statutes is created to read:

AB150,128,11 13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 144.968 (1), by an agency official of the department of natural resources.

AB150, s. 36 Section 36. 13.625 (10) of the statutes is created to read:

AB150,128,16 13.625 (10) This section does not apply to the solicitation, acceptance or furnishing of anything of pecuniary value by the department of tourism and parks, or to a principal furnishing anything of pecuniary value to the department of tourism and parks, under s. 19.56 (3) (em) or (f) for the activity specified in s. 19.56 (3) (em).

AB150, s. 37 Section 37. 13.63 (1) of the statutes is amended to read:

AB150,129,4 13.63 (1) Licenses. An application for a license to act as a lobbyist may be obtained from and filed with the board. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of one or more each registered principals principal who or which have has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under s. 13.69 (4) or lobbyist whose license has been revoked under s. 13.69 (7) and only for the period of such ineligibility or revocation. Denial of a license may be reviewed under ch. 227.

AB150, s. 38 Section 38. 13.75 (1) of the statutes is amended to read:

AB150,129,7 13.75 (1) Obtaining a license under s. 13.63 (1), $200 to act on behalf of one principal, $250.

AB150, s. 39 Section 39. 13.75 (1m) of the statutes is created to read:

AB150,129,10 13.75 (1m) Obtaining a license under s. 13.63 (1) to act on behalf of 2 or more principals, $400.

AB150, s. 40 Section 40. 13.75 (2) of the statutes is amended to read:

AB150,129,12 13.75 (2) Filing the principal registration form under s. 13.64, $300 $375.

AB150, s. 41 Section 41. 13.75 (4) of the statutes is amended to read:

AB150,129,14 13.75 (4) Filing an authorization statement under s. 13.65, $100 $125.

AB150, s. 42 Section 42. 13.92 (1) (e) 5. of the statutes is amended to read:

AB150,129,17 13.92 (1) (e) 5. Microfilming, or optical imaging or electronic formatting of reference materials and legislative drafting records under par. (a) 1. and 3.