LRB-3816/2
JTK:jlg:jf
1997 - 1998 LEGISLATURE
January 13, 1998 - Introduced by Representatives J. Lehman, Ziegelbauer, Plouff
and Travis, cosponsored by Senator Darling. Referred to Committee on
Judiciary.
AB705,1,2
1An Act to amend 19.46 (3); and
to create 19.46 (4) of the statutes;
relating to:
2disclosure of certain financial interests in legislative proposals.
Analysis by the Legislative Reference Bureau
Currently, under the code of ethics for state public officials, no state public
official (elective or major appointive official) may use his or her position or office to
obtain financial gain or anything of substantial value for the private benefit of the
official or his or her immediate family, or for the benefit of an organization with which
the official is associated as a director, officer, trustee, authorized representative or
agent, or by ownership or control of at least 10% of the outstanding equity. No state
public official may accept from any person anything of value if it could reasonably
be expected to influence the official's vote, official actions or judgment, or could
reasonably by considered a reward for any official action or inaction on the part of
the official. Violators of the code are subject to a forfeiture (civil penalty) of not more
than $5,000 for each violation. Intentional violators are subject to a fine of not less
than $100 nor more than $5,000 or imprisonment for not more than one year, or both,
for each violation. In addition, no state public official may, except in accordance with
advice received from the ethics board, take any official action substantially affecting
a matter in which the official, a member of his or her immediate family or an
organization with which the official is associated has a substantial financial interest,
or use his or her office or position in a way that produces or assists in producing a
substantial benefit for the official, the official's immediate family or an organization
with which the official is associated. This prohibition does not prevent an official
from taking official action with respect to any proposal to modify state law.
This bill provides that, within 3 working days after voting upon any proposed
constitutional amendment, bill or amendment before any committee of either house
of the legislature or before any joint committee of the legislature and before voting
upon any such proposal before either house of the legislature the principal author of
the proposal or any other member of the legislature who requests the principal
author to introduce or offer the proposal must disclose to the ethics board, on a form
prescribed by the board, the nature of the any direct, substantial and material
financial interest in the proposal by that person or a member of that person's
immediate family or by any organization with which that person or a member of that
person's immediate family is associated. Under the bill, ethics board may reasonably
interpret and apply the words "direct, substantial and material". Violators are
subject to the same civil and criminal penalties that currently apply to violations of
the code.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB705, s. 1
1Section
1. 19.46 (3) of the statutes is amended to read:
AB705,2,72
19.46
(3) This section does not prohibit a state public official from taking any
3action concerning the lawful payment of salaries or employe benefits or
4reimbursement of actual and necessary expenses, or prohibit a state public official
5from taking official action with respect to any proposal to modify state law or the
6state administrative code.
A member of the legislature shall comply with sub. (4)
7before taking such action if sub. (4) applies to the action.
AB705, s. 2
8Section
2. 19.46 (4) of the statutes is created to read:
AB705,2,99
19.46
(4) (a) In this subsection:
AB705,2,1010
1. "Proposal" means a proposed constitutional amendment, bill or amendment.
AB705,2,1211
2. "Working day" means any day other than Saturday, Sunday or a holiday
12designated in s. 230.35 (4) (a).
AB705,3,313
(b) Within 3 working days after voting upon any proposal before a committee
14of either house of the legislature or before any joint committee of the legislature and
15prior to voting upon any proposal before either house of the legislature, the principal
16author of the proposal or any other member of the legislature who requests the
17principal author to introduce or offer the proposal shall disclose to the board, on a
18form prescribed by the board, the nature of any direct, substantial and material
1financial interest in the proposal by that person or a member of that person's
2immediate family or by any organization with which that person or a member of that
3person's immediate family is associated.
AB705,3,65
(1) This act first applies with respect to proposals introduced or offered in the
61999-2000 legislative session.
