AB760: Bill Text

OPEN RECORDS

Current law provides that certain records in the possession of the commission are not open for public inspection. Those records include, with limited exceptions, statements of economic interests filed by members of the investment board and the social security numbers of individuals who apply for a lobbyist license. Under the bill, with certain exceptions, records created in the course of conducting an audit to identify a potential violation of the laws administered by the commission are not open for public inspection. However, the bill allows public inspection of audit records containing a finding that there is no reasonable suspicion or probable cause to believe that a violation of the law occurred or that the commission took no action upon finding such reasonable suspicion or probable cause. The bill also allows public inspection of any audit record of the commission issuing a warning, authorizing the filing of a civil complaint, or referring a matter to a district attorney or other prosecutor for investigation or prosecution.

CLOSED SESSIONS

Current law allows a governmental body to meet in closed session for various reasons, including deliberating on a case subject to a judicial hearing, consulting with legal counsel regarding litigation, or considering personnel matters. In addition, current law allows the commission to meet in closed session to consider requests for confidential written advice and for deliberations concerning an investigation of any violation of the law under its jurisdiction. Under the bill, the commission may also meet in closed session to consider whether there is a reasonable suspicion or probable cause to believe that a violation of the law occurred or is occurring based on a complaint or an audit report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB760,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB760,1 Section 1. 11.0102 (2) (a) of the statutes is amended to read:

AB760,,6 11.0102 (2) (a) Except as provided in pars. (c) and (d), each conduit or committee that is required to register and file with the commission under sub. (1) (a) shall annually pay a filing fee of $100 to the commission. The commission may accept payment under this subsection by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to that conduit or committee to recover the actual costs associated with the acceptance of that electronic payment.

AB760,2 Section 2. 11.0102 (2) (b) of the statutes is amended to read:

AB760,,8 11.0102 (2) (b) A conduit or committee that is subject to par. (a) shall pay the fee specified in par. (a) together with the report filed by that conduit or committee on the 15th day of the month of January in each year. If a conduit or committee that is subject to par. (a) registers under this chapter or changes status so that par. (a) becomes applicable to the conduit or committee during a calendar year, the conduit or committee shall pay the fee for that year with the filing of the conduit’s or committee’s registration statement or at any time before the change in status becomes effective.

AB760,3 Section 3. 11.0102 (2) (e) of the statutes is created to read:

AB760,,10 11.0102 (2) (e) Paragraph (a) does not apply to a conduit for any year during which the conduit does not release contributions totaling more than $2,500.

AB760,4 Section 4. 11.0202 (2) (d) of the statutes is renumbered 11.0202 (2) (d) 1. and amended to read:

AB760,,12 11.0202 (2) (d) 1. An individual who holds a state or local elective office and who becomes a candidate for a different state or local elective office may establish a second candidate committee under this subchapter for the purpose of pursuing a that different state or local office.

AB760,5 Section 5. 11.0202 (2) (d) 2. of the statutes is created to read:

AB760,,14 11.0202 (2) (d) 2. If the individual described under subd. 1. wins the election for which the individual created the second candidate committee, and the individual is not eligible to continue to hold the first office, the individual shall terminate the first candidate committee as provided under s. 11.0105 no later than 180 days after the date the individual is sworn into the office for which the second candidate committee was created. Residual funds of the first committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.

AB760,6 Section 6. 11.0202 (2) (d) 3. of the statutes is created to read:

AB760,,16 11.0202 (2) (d) 3. If the individual described under subd. 1. wins the election for which the individual created the second candidate committee, but the individual is still eligible to hold the first office, the individual shall maintain a committee for each office until such time as the individual resigns from, or a successor is sworn in to, the office. If the individual subsequently resigns from either office, or a successor is sworn into either office, the individual shall terminate the candidate committee for which the individual no longer holds office as provided under s. 11.0105 no later than 180 days after the date the individual resigns or a successor is sworn in. Residual funds of the terminated committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.

AB760,7 Section 7. 11.0202 (2) (d) 4. of the statutes is created to read:

AB760,,18 11.0202 (2) (d) 4. If the individual described under subd. 1. loses the election for which the individual created the second candidate committee, the individual shall terminate the second candidate committee as provided in s. 11.0105 no later than 180 days after the date the winner of that election takes office. Residual funds of the second committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.

AB760,8 Section 8. 11.0203 (1) (bd) of the statutes is created to read:

AB760,,20 11.0203 (1) (bd) The email address and personal telephone number of the candidate, the candidate committee treasurer, and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,9 Section 9. 11.0303 (1) (bd) of the statutes is created to read:

AB760,,22 11.0303 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,10 Section 10. 11.0403 (1) (bd) of the statutes is created to read:

AB760,,24 11.0403 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,11 Section 11. 11.0503 (1) (bd) of the statutes is created to read:

AB760,,26 11.0503 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,12 Section 12. 11.0505 (1) (a) 1. of the statutes is amended to read:

AB760,,28 11.0505 (1) (a) 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.

AB760,13 Section 13. 11.0505 (1) (a) 2. (intro.) of the statutes is amended to read:

AB760,,30 11.0505 (1) (a) 2. (intro.) For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:

AB760,14 Section 14. 11.0505 (1) (a) 3. of the statutes is amended to read:

AB760,,32 11.0505 (1) (a) 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.

AB760,15 Section 15. 11.0505 (1) (b) 1. of the statutes is amended to read:

AB760,,34 11.0505 (1) (b) 1. The dates on which the committee incurred the obligations or made the disbursements.

AB760,16 Section 16. 11.0505 (1) (b) 2. of the statutes is amended to read:

AB760,,36 11.0505 (1) (b) 2. The name and address of the obligees or persons who received the disbursements.

AB760,17 Section 17. 11.0505 (1) (b) 3. of the statutes is amended to read:

AB760,,38 11.0505 (1) (b) 3. The purpose for making the disbursements or incurring the obligations.

AB760,18 Section 18. 11.0505 (1) (b) 4. of the statutes is amended to read:

AB760,,40 11.0505 (1) (b) 4. The amount spent or incurred for each act of express advocacy.

AB760,19 Section 19. 11.0505 (3) of the statutes is renumbered 11.0505 (3) (intro.) and amended to read:

AB760,,42 11.0505 (3) Timing. (intro.) A political action committee that is required to report under this section shall submit the report to the commission no later than 72 hours after making the disbursements. the earliest of the following:

AB760,20 Section 20. 11.0505 (3) (a) of the statutes is created to read:

AB760,,44 11.0505 (3) (a) The date the obligation for express advocacy is incurred, if the political action committee has the information required to be reported under sub. (1) (b).

AB760,21 Section 21. 11.0505 (3) (b) of the statutes is created to read:

AB760,,46 11.0505 (3) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:

AB760,,47 1. The political action committee’s administrator, treasurer, volunteer, producer, consultant, media production partner, or focus group.

AB760,,48 2. An officer or employee of the political action committee’s sponsoring organization.

AB760,22 Section 22. 11.0505 (3) (c) of the statutes is created to read:

AB760,,50 11.0505 (3) (c) The date of the disbursement.

AB760,23 Section 23. 11.0603 (1) (bd) of the statutes is created to read:

AB760,,52 11.0603 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,24 Section 24. 11.0605 (1) (a) 1. of the statutes is amended to read:

AB760,,54 11.0605 (1) (a) 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.

AB760,25 Section 25. 11.0605 (1) (a) 2. (intro.) of the statutes is amended to read:

AB760,,56 11.0605 (1) (a) 2. (intro.) For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:

AB760,26 Section 26. 11.0605 (1) (a) 3. of the statutes is amended to read:

AB760,,58 11.0605 (1) (a) 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.

AB760,27 Section 27. 11.0605 (1) (b) 1. of the statutes is amended to read:

AB760,,60 11.0605 (1) (b) 1. The dates on which the committee incurred the obligations or made the disbursements.

AB760,28 Section 28. 11.0605 (1) (b) 2. of the statutes is amended to read:

AB760,,62 11.0605 (1) (b) 2. The name and address of the obligees or persons who received the disbursements.

AB760,29 Section 29. 11.0605 (1) (b) 3. of the statutes is amended to read:

AB760,,64 11.0605 (1) (b) 3. The purpose for making the disbursements or incurring the obligations.

AB760,30 Section 30. 11.0605 (1) (b) 4. of the statutes is amended to read:

AB760,,66 11.0605 (1) (b) 4. The amount spent or incurred for each act of express advocacy.

AB760,31 Section 31. 11.0605 (3) of the statutes is renumbered 11.0605 (3) (intro.) and amended to read:

AB760,,68 11.0605 (3) Timing. (intro.) An independent expenditure committee that is required to report under this section shall submit the report to the commission no later than 72 hours after making the disbursements. the earliest of the following:

AB760,32 Section 32. 11.0605 (3) (a) of the statutes is created to read:

AB760,,70 11.0605 (3) (a) The date the obligation for express advocacy is incurred, if the independent expenditure committee has the information required to be reported under sub. (1) (b).

AB760,33 Section 33. 11.0605 (3) (b) of the statutes is created to read:

AB760,,72 11.0605 (3) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:

AB760,,73 1. The independent expenditure committee’s administrator, treasurer, volunteer, producer, consultant, media production partner, or focus group.

AB760,,74 2. An officer or employee of the independent expenditure committee’s sponsoring organization.

AB760,34 Section 34. 11.0605 (3) (c) of the statutes is created to read:

AB760,,76 11.0605 (3) (c) The date of the disbursement.

AB760,35 Section 35. 11.0703 (1) (bd) of the statutes is created to read:

AB760,,78 11.0703 (1) (bd) The email address and personal telephone number of the administrator of the conduit and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,36 Section 36. 11.0706 of the statutes is created to read:

AB760,,80 11.0706 Disposal of residual funds by a terminating conduit. (1) If a conduit has decided to terminate pursuant to s. 11.0105 and the conduit has funds remaining in its possession, the conduit shall attempt to redirect contributions as provided in s. 11.0705. If the conduit is unsuccessful in contacting the individual, the surviving spouse, or the executor of the estate, as provided in s. 11.0705 (2), the conduit may dispose of its residual funds by donating the funds to the common school fund or to a charitable organization, except that the conduit may not direct its residual funds to a charitable organization owned or operated by the sponsoring organization or affiliated with the conduit or its sponsoring organization.

AB760,,81 (2) If a conduit that seeks to terminate is unable to identify the source of its residual funds upon making a good faith effort to review its books and records, the conduit may dispose of those funds by donating them to the common school fund or to a charitable organization, except that the conduit may not direct those residual funds to a charitable organization owned or operated by the sponsoring organization or affiliated with the conduit or its sponsoring organization.

AB760,,82 (3) For purposes of this section, a sponsoring organization or conduit is affiliated with a charitable organization if any of the following apply:

AB760,,83 (a) The sponsoring organization or conduit has the authority or ability to direct or participate in the governance of the charitable organization through provisions of formal documents, formal or informal practices, or formal or informal procedures.

AB760,,84 (b) The sponsoring organization or conduit has the authority or ability to hire, appoint, demote, or otherwise control the officers or other decision-making employees of the charitable organization.

AB760,,85 (c) The sponsoring organization or conduit has common or overlapping officers or employees with the charitable organization, indicating a formal or ongoing relationship between the sponsoring organization or conduit and the charitable organization.