AB388: Bill Text Engrossed

AB388-engrossed,93,25 19.55 (3) Records obtained or prepared by the commission in connection with an investigation, including the full text of any complaint received by the commission, are not subject to the right of inspection and copying under s. 19.35 (1), except as follows:

AB388-engrossed,94,2 (a) The commission shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the commission in open session.

AB388-engrossed,94,5 (am) The commission shall provide to the joint committee on finance records obtained or prepared by the commission in connection with an ongoing investigation when required under s. 19.49 (2q).

AB388-engrossed,94,7 (b) Investigatory records of the commission may be made public in the course of a prosecution initiated under ch. 11, subch. III of ch. 13, or this subchapter.

AB388-engrossed,94,10 (bm) The commission shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s. 13.94.

AB388-engrossed,94,14 (c) The commission shall 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 children and families or by a county child support agency under s. 59.53 (5).

AB388-engrossed,94,20 (d) If the commission commences a civil prosecution of a person for an alleged violation of ch. 11, subch. III of ch. 13, or this subchapter as the result of an investigation, the person who is the subject of the investigation may authorize the commission to make available for inspection and copying under s. 19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the commission shall then make those records available.

AB388-engrossed,94,22 (e) The following records of the commission are open to public inspection and copying under s. 19.35 (1):

AB388-engrossed,94,24 1. Any record of the action of the commission authorizing the filing of a civil complaint under s. 19.49 (2) (b) 5.

AB388-engrossed,95,2 2. Any record of the action of the commission referring a matter to a district attorney or other prosecutor for investigation or prosecution.

AB388-engrossed,95,4 3. Any record containing a finding that a complaint does not raise a reasonable suspicion that a violation of the law has occurred.

AB388-engrossed,95,6 4. Any record containing a finding, following an investigation, that no probable cause exists to believe that a violation of the law has occurred.

AB388-engrossed,200 Section 200. 19.55 (4) of the statutes is created to read:

AB388-engrossed,95,15 19.55 (4) (a) Except as authorized or required under par. (b), records obtained in connection with a request for an advisory opinion issued under s. 19.46 (2), 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 par. (b), the commission shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the opinions.

AB388-engrossed,95,23 (b) The commission may make records obtained in connection with an informal advisory opinion under par. (a) public with the consent of the individual requesting the informal advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an informal advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an informal advisory opinion and of any records obtained or prepared by the commission in connection with the request for an informal advisory opinion.

AB388-engrossed,96,5 (c) Within 30 days after completing an investigation related to and the preparation of a formal advisory opinion on a matter under the jurisdiction of the commission, the commission shall make public the formal advisory opinion and records obtained in connection with the request for the formal advisory opinion, replacing the identity of any organization or governmental body on whose behalf the formal opinion is requested with generic, descriptive terms. The commission shall redact information related to the identity of any natural person making the request.

AB388-engrossed,201 Section 201. 19.552 of the statutes is created to read:

AB388-engrossed,96,12 19.552 Action to compel compliance. Whenever a violation of the laws regulating campaign financing occurs or is proposed to occur, the attorney general or the district attorney of the county where the violation occurs or is proposed to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable relief as may be appropriate to compel compliance with the law. No bond is required in such actions.

AB388-engrossed,202 Section 202. 19.554 of the statutes is created to read:

AB388-engrossed,97,2 19.554 Petition for enforcement. In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating campaign financing or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.

AB388-engrossed,203 Section 203. 19.58 (4) of the statutes is created to read:

AB388-engrossed,97,5 19.58 (4) A person who violates s. 19.50 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB388-engrossed,204 Section 204. 19.59 (1) (g) 8. of the statutes is amended to read:

AB388-engrossed,97,19 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 government accountability board commission 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 government accountability board commission, 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.

AB388-engrossed,205 Section 205. 19.85 (1) (h) of the statutes is amended to read:

AB388-engrossed,97,24 19.85 (1) (h) Consideration of requests for confidential written advice from the government accountability board elections commission under s. 5.05 (6a) or the ethics commission under s. 19.46 (2), or from any county or municipal ethics board under s. 19.59 (5).

AB388-engrossed,206 Section 206. 19.851 (title) of the statutes is amended to read:

AB388-engrossed,98,2 19.851 (title) Closed sessions by government accountability board ethics or elections commission.

AB388-engrossed,207 Section 207. 19.851 of the statutes is renumbered 19.851 (2) and amended to read:

AB388-engrossed,98,8 19.851 (2) The government accountability board commission shall hold each meeting of the board commission 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 commission in closed session under this section.

AB388-engrossed,98,18 (1) Prior to convening under this section or under s. 19.85 (1), the government accountability board ethics commission and the elections commission shall vote to convene in closed session in the manner provided in s. 19.85 (1). The ethics commission shall identify the specific reason or reasons under sub. (2) and s. 19.85 (1) (a) to (h) for convening in closed session. The elections commission shall identify the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed session. No business may be conducted by the government accountability board ethics commission or the elections commission 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).

AB388-engrossed,208 Section 208. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB388-engrossed,209 Section 209. 20.505 (1) (d) of the statutes is amended to read:

AB388-engrossed,100,7 20.505 (1) (d) Special counsel. A sum sufficient, subject to s. 5.05 (2q), for supplementing the appropriation under s. 20.510 (1) (be) for ongoing investigations; subject to s. 19.49 (2q), for supplementing the appropriation under s. 20.521 (1) (be) for ongoing investigations; and, subject to the procedures established in ss. 5.05 (2m) (c) and s. 14.11 (2) (c), for the compensation of special counsel appointed as provided in ss. 5.05 (2m) (c), 14.11 (2), and 321.42.

AB388-engrossed,210 Section 210. 20.510 (intro.) and (1) (title) of the statutes are created to read:

AB388-engrossed,100,11 20.510 Elections commission. (intro.) There is appropriated from the general fund, except where otherwise indicated, to the elections commission for the following programs:

AB388-engrossed,100,12 (1) (title) Administration of elections.

AB388-engrossed,211 Section 211. 20.510 (1) (br) of the statutes is created to read:

AB388-engrossed,100,15 20.510 (1) (br) Special counsel. The amounts in the schedule for the compensation of special counsel appointed as provided in s. 5.05 (2m) (c) 6.

AB388-engrossed,212 Section 212. 20.511 (intro.) and (1) (title) of the statutes are repealed.

AB388-engrossed,213 Section 213. 20.511 (1) (a) of the statutes is renumbered 20.510 (1) (a) and amended to read:

AB388-engrossed,101,7 20.510 (1) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the board commission, 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).

AB388-engrossed,214 Section 214. 20.511 (1) (be) of the statutes is renumbered 20.510 (1) (be) and amended to read:

AB388-engrossed,101,13 20.510 (1) (be) Investigations. A sum sufficient The amounts in the schedule for the purpose of financing the costs of investigations authorized by the board commission of potential violations of chs. 5 to 10 and 12, subch. III of ch. 13, and subch. III of ch. 19.

AB388-engrossed,215 Section 215. 20.511 (1) (bm) of the statutes is renumbered 20.510 (1) (bm).

AB388-engrossed,216 Section 216. 20.511 (1) (c) of the statutes is renumbered 20.510 (1) (c).

AB388-engrossed,217 Section 217. 20.511 (1) (d) of the statutes is renumbered 20.510 (1) (d).

AB388-engrossed,218 Section 218. 20.511 (1) (g) of the statutes is renumbered 20.510 (1) (g) and amended to read:

AB388-engrossed,101,24 20.510 (1) (g) Recount fees. The amounts in the schedule to be apportioned to the county clerks or county board of election commissioners as prescribed in s. 9.01 (1) (ag). All moneys received on account of recount petitions filed with it, to be apportioned to the county clerks or county board of election commissioners as prescribed in s. 9.01 (1) (ag) the commission shall be credited to this appropriation account.

AB388-engrossed,219 Section 219. 20.511 (1) (h) of the statutes is renumbered 20.510 (1) (h) and amended to read:

AB388-engrossed,102,13 20.510 (1) (h) Materials and services. The amounts in the schedule for the costs of publishing documents, locating and copying records, and conducting programs under s. 19.48 (9) and administrative meetings and conferences, for compiling, disseminating, and making available information prepared by and filed with the board under s. 19.48 (10) commission, and for supplies, postage, and shipping. All moneys received by the board commission from collections for sales of publications, for copies of records, for supplies, for postage, for shipping and records location fees, from fees assessed under s. 19.48 (9) and (10), and for charges assessed to participants in administrative meetings and conferences, except moneys received from requesters from sales of copies of the official registration list, shall be credited to this appropriation account.

AB388-engrossed,220 Section 220. 20.511 (1) (i) of the statutes is renumbered 20.510 (1) (e) and amended to read:

AB388-engrossed,102,18 20.510 (1) (e) Elections administration ; program revenue. The amounts in the schedule for the administration of chs. 5 to 10 and 12. All moneys received from fees imposed under s. 11.055 (1) shall be credited to this appropriation account.

AB388-engrossed,221m Section 221m. 20.511 (1) (im) of the statutes is renumbered 20.521 (1) (im).

AB388-engrossed,222 Section 222. 20.511 (1) (j) of the statutes is renumbered 20.521 (1) (j) and amended to read:

AB388-engrossed,103,2 20.521 (1) (j) Electronic filing software. The amounts in the schedule for providing software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16). All moneys received from registrants who purchase software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16), for the purpose of providing that software shall be credited to this appropriation account.

AB388-engrossed,223 Section 223. 20.511 (1) (jm) of the statutes is renumbered 20.510 (1) (jm) and amended to read:

AB388-engrossed,103,9 20.510 (1) (jm) Gifts and grants. The amounts in the schedule to carry out the purposes, not inconsistent with the law, for which gifts, grants, and bequests to the commission are made. All moneys received by the board commission from gifts, grants, and bequests to carry out the purposes, not inconsistent with the law, for which made or received shall be credited to this appropriation account.

AB388-engrossed,224 Section 224. 20.511 (1) (m) of the statutes is renumbered 20.510 (1) (m) and amended to read:

AB388-engrossed,103,16 20.510 (1) (m) Federal aid. The amounts in the schedule to be used for the administration of chs. 5 to 10 and 12. All moneys received from the federal government, as authorized by the governor under s. 16.54, that are not appropriated under par. (x), to be used for the administration of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 shall be credited to this appropriation account.

AB388-engrossed,225 Section 225. 20.511 (1) (t) of the statutes is renumbered 20.510 (1) (t).

AB388-engrossed,226 Section 226. 20.511 (1) (x) of the statutes is renumbered 20.510 (1) (x).

AB388-engrossed,227 Section 227. 20.521 (intro.) and (1) of the statutes are created to read:

AB388-engrossed,103,21 20.521 Ethics commission. (intro.) There is appropriated to the ethics commission for the following programs:

AB388-engrossed,103,24 (1) Ethics, campaign finance and lobbying regulation. (a) General program operations; general purpose revenue. The amounts in the schedule for general program operations under ch. 11, subch. III of ch. 13, and subch. III of ch. 19.

AB388-engrossed,104,3 (be) Investigations. The amounts in the schedule for the purpose of financing the costs of investigations authorized by the commission of potential violations of ch. 11, subch. III of ch. 13, or subch. III of ch. 19.

AB388-engrossed,104,5 (br) Special counsel. The amounts in the schedule for the compensation of special counsel appointed as provided in s. 19.49 (2) (b) 5.

AB388-engrossed,104,9 (g) General program operations; program revenue. The amounts in the schedule for general program operations under ch. 11 and subch. III of ch. 19. All moneys received from fees imposed under s. 11.055 (1) shall be credited to this appropriation account.

AB388-engrossed,104,13 (h) Gifts and grants. The amounts in the schedule to carry out the purposes, not inconsistent with the law, for which gifts, grants, and bequests to the commission are made. All moneys received by the commission from gifts, grants, and bequests shall be credited to this appropriation account.

AB388-engrossed,104,20 (i) Materials and services. The amounts in the schedule for the cost of publishing documents, locating and copying records, postage and shipping, and conducting programs under s. 19.48 (9) and of compiling, disseminating, and making available information prepared by and filed with the commission under s. 19.48 (10). All moneys received by the commission from sales of documents, and from fees collected for copies of records, for postage, shipping, and location fees, and from fees assessed under s. 19.48 (9) and (10) shall be credited to this appropriation account.

AB388-engrossed,228 Section 228. 20.923 (4) (f) 3j. of the statutes is repealed.

AB388-engrossed,229 Section 229. 20.930 of the statutes is amended to read:

AB388-engrossed,104,25 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 19.49 (2) (b) 6., 46.27 (7g) (h), 49.496 (3) (f), and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

AB388-engrossed,230 Section 230. 20.9305 (2) (e) (intro.) of the statutes is amended to read:

AB388-engrossed,105,4 20.9305 (2) (e) (intro.) The governor shall post on the Internet site maintained by the government accountability board ethics commission under s. 16.753 all of the following:

AB388-engrossed,231 Section 231. 38.16 (3) (br) 3. of the statutes is amended to read:

AB388-engrossed,105,13 38.16 (3) (br) 3. The referendum shall be held in accordance with chs. 5 to 12. The district board shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under this subsection may be exceeded by a specified amount. The limit otherwise applicable to the district under this subsection is increased by the amount approved by a majority of those voting on the question.

AB388-engrossed,232 Section 232. 45.44 (1) (b) of the statutes is amended to read:

AB388-engrossed,105,23 45.44 (1) (b) "Licensing agency" means the department of agriculture, trade and consumer protection; the department of children and families; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services and its examining boards and affiliated credentialing boards; the department of transportation; the department of workforce development; the board of commissioners of public lands; the government accountability board ethics commission; or the office of the commissioner of insurance.

AB388-engrossed,233 Section 233. 49.165 (4) (a) of the statutes is amended to read:

AB388-engrossed,106,3 49.165 (4) (a) The department shall certify to the government accountability board elections commission, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under sub. (2).

AB388-engrossed,234 Section 234. 59.605 (3) (a) 3. of the statutes is amended to read:

AB388-engrossed,106,24 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

AB388-engrossed,235 Section 235. 67.05 (3) (b) of the statutes is amended to read:

AB388-engrossed,107,8 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a).

AB388-engrossed,236 Section 236. 67.05 (6) of the statutes is amended to read:

AB388-engrossed,107,23 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the government accountability board elections commission under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

AB388-engrossed,237 Section 237. 73.0301 (1) (d) 13. of the statutes is amended to read:

AB388-engrossed,108,2 73.0301 (1) (d) 13. A license issued by the government accountability board ethics commission under s. 13.63 (1).