SB834,3979Section 39. 5.05 (5e) of the statutes is amended to read:
SB834,,80805.05 (5e) Annual report. The commission office of the secretary of state shall submit an annual report under s. 15.04 (1) (d) and shall include in its annual report the names and duties of all individuals employed by the commission office and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f), the commission office shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The commission office shall identify in its report the statutory duties of the commission administrator secretary of state, together with a description of the manner in which those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission office of the secretary of state shall also specify in its report the total number of investigations conducted by the commission office since the last annual report and a description of the nature of each investigation. The commission office shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.
SB834,4081Section 40. 5.05 (5f) of the statutes is repealed.
SB834,4182Section 41. 5.05 (5fm) of the statutes is created to read:
SB834,,83835.05 (5fm) Advice to the secretary of state. The standing committees in each house of the legislature with jurisdiction over election administration shall be advisory to the secretary of state on all matters relating to the operation of the office of the secretary of state with regard to the administration of chs. 5 to 10 and 12. Except for action related to the internal operations and procedures of the office, the office of the secretary of state may take no action with regard to the administration of chs. 5 to 10 and 12 without getting prior approval from the standing committees in each house of the legislature with jurisdiction over election administration.
SB834,4284Section 42. 5.05 (5s) (intro.), (a), (am), (b), (bm), (c), (d), (e) (intro.), 1., 2. and (f) of the statutes are amended to read:
SB834,,85855.05 (5s) Access to records. (intro.) Records obtained or prepared by the commission office of the secretary of state in connection with an investigation, including the full text of any complaint received by the commission office, are not subject to the right of inspection and copying under s. 19.35 (1), except as follows:
SB834,,8686(a) The commission office shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the commission office in open session. The commission office shall post on its Internet site website the draft minutes of each meeting or hearing conducted by the commission office in open session no later than 48 hours after the completion of the meeting or hearing. The commission office shall post minutes approved by the commission office no later than 48 hours after the minutes are approved. The commission office may indicate whether minutes posted on its Internet site website have been approved by the commission office or are in draft form. Minutes posted pursuant to this paragraph shall include a summary of every action that the commission voted on, a record of each member’s vote for or against every action requiring a vote, a record of all motions and seconds made by each member, including the full text of each motion debated and voted on by the commission, and a record of each member’s status as being present or absent for any part of a meeting or hearing taken by the office. The commission office shall maintain all minutes published under this paragraph on its Internet site website so that the minutes are accessible to the public at all times.
SB834,,8787(am) The commission office shall provide to the joint committee on finance records obtained or prepared by the commission office in connection with an ongoing investigation when required under sub. (2q).
SB834,,8888(b) Investigatory records of the commission office may be made public in the course of a prosecution initiated under chs. 5 to 10 or 12.
SB834,,8989(bm) The commission office 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.
SB834,,9090(c) The commission office 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).
SB834,,9191(d) If the commission office commences a civil prosecution of a person for an alleged violation of chs. 5 to 10 or 12 as the result of an investigation, the person who is the subject of the investigation may authorize the commission office 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 office shall then make those records available.
SB834,,9292(e) (intro.) The following records of the commission office are open to public inspection and copying under s. 19.35 (1):
SB834,,93931. Any record of the action of the commission office authorizing the filing of a civil complaint under sub. (2m) (c) 6.
SB834,,94942. Any record of the action of the commission office referring a matter to a district attorney or other prosecutor for investigation or prosecution.
SB834,,9595(f) The commission office shall make public formal and informal advisory opinions and records obtained in connection with requests for formal or informal advisory opinions relating to matters under the jurisdiction of the commission office, including the identity of individuals requesting such opinions or organizations or governmental bodies on whose behalf they are requested.
SB834,4396Section 43. 5.05 (5t) of the statutes is amended to read:
SB834,,97975.05 (5t) Guidance following binding court decisions. Within 2 months following the publication of a decision of a state or federal court that is binding on the commission secretary of state and this state, the commission secretary of state shall issue updated guidance or formal advisory opinions, commence the rule-making procedure to revise administrative rules promulgated by the commission secretary of state, or request an opinion from the attorney general on the applicability of the court decision.
SB834,4498Section 44. 5.05 (6a) of the statutes is amended to read:
SB834,,99995.05 (6a) Advisory opinions. (a) 1. Any individual, either personally or on behalf of an organization or governmental body, may make a request of the commission the secretary of state in writing, electronically, or by telephone for a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the commission secretary a formal or informal advisory opinion regarding the propriety under chs. 5 to 10 or 12 of any matter to which the prospective appointee is or may become a party. The commission secretary shall review a request for an advisory opinion and may issue a formal or informal written or electronic advisory opinion to the person making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission’s deliberations and actions of the secretary and the office of the secretary upon such requests shall be in meetings not open to the public. A member of the commission may, by written request, require the commission to review an advisory opinion.
SB834,,1001002. To have legal force and effect, each formal and informal advisory opinion issued by the commission secretary of state must be supported by specific legal authority under a statute or other law, or by specific case or common law authority. Each formal and informal 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 commission’s conclusion of the secretary and why they are relevant.
SB834,,1011013. No person acting in good faith upon a formal or informal advisory opinion issued by the commission secretary of state under this subsection is subject to criminal or civil prosecution for so acting, if the material facts are as stated in the opinion request.
SB834,,1021024. At each regular meeting of the commission, the administrator shall review informal advisory opinions requested of and issued by the administrator and that relate to recurring issues or issues of first impression for which no formal advisory opinion has been issued. The commission secretary of state may determine to issue a formal advisory opinion adopting or modifying the informal advisory opinion. If the commission secretary disagrees with a formal or informal advisory opinion that has been issued by or on behalf of the commission secretary, the commission secretary may withdraw the opinion, issue a revised formal or informal advisory opinion, or request an opinion from the attorney general. 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.
SB834,,1031035. Except as authorized or required under sub. (5s) (f), no member or employee of the commission office of the secretary of state may make public the identity of the individual requesting a formal or informal advisory opinion or of individuals or organizations mentioned in the opinion.
SB834,,104104(b) 1. The commission may authorize the commission administrator or his or her designee to issue an informal written advisory opinion or transmit an informal advisory opinion electronically on behalf of the commission, subject to such limitations as the commission deems appropriate. Every informal advisory opinion shall be consistent with applicable formal advisory opinions issued by the commission secretary of state, statute or other law, and case law.
SB834,,1051052. Any individual may request in writing, electronically, or by telephone an informal advisory opinion from the commission secretary of state under this paragraph. The commission’s designee secretary shall provide a written response, a written reference to an applicable statute or law, or a written reference to a formal advisory opinion of the commission secretary to the individual, or shall refer the request to the commission for review and the issuance of a formal advisory opinion.
SB834,,1061063. Any person receiving an informal advisory opinion under this paragraph may, at any time, request a formal advisory opinion from the commission secretary of state on the same matter.
SB834,,107107(c) 1. Any individual may request in writing, electronically, or by telephone a formal advisory opinion from the commission secretary of state or the review or modification of a formal advisory opinion issued by the commission secretary under this paragraph. The individual making the request shall include all pertinent facts relevant to the matter, but shall not ask for an opinion based on a purely hypothetical matter. The commission secretary shall review a request for a formal advisory opinion and may issue a formal advisory opinion to the individual making the request. Except as authorized or required for opinions specified in sub. (5s) (f), the commission’s deliberations and actions of the secretary and the office of the secretary of state upon such requests shall be in meetings not open to the public.