Amendment ASA1-AB1189

AB1189-ASA1, s. 70 Section 70. 16.973 (6) of the statutes is amended to read:

AB1189-ASA1,37,19 16.973 (6) With the advice of the ethics government accountability board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

AB1189-ASA1, s. 71 Section 71. 17.07 (6) of the statutes is amended to read:

AB1189-ASA1,38,3 17.07 (6) Other state officers serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 may be removed only in conformity with that chapter, and except that the administrator of the enforcement division in the government accountability board may be removed from office only by the executive director of the board, for cause.

AB1189-ASA1, s. 72 Section 72. 17.17 (1) of the statutes is amended to read:

AB1189-ASA1,38,8 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections government accountability board.

AB1189-ASA1, s. 73 Section 73. 17.17 (4) of the statutes is amended to read:

AB1189-ASA1,38,12 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the elections government accountability board.

AB1189-ASA1, s. 74 Section 74. 19.42 (3) of the statutes is amended to read:

AB1189-ASA1,38,14 19.42 (3) "Board" means the ethics government accountability board.

AB1189-ASA1, s. 75 Section 75. 19.42 (7t) and (11e) of the statutes are created to read:

AB1189-ASA1,38,16 19.42 (7t) "Knowingly" means acting with the belief that a specified fact is true.

AB1189-ASA1,38,18 (11e) "Political activity" means activity that is engaged in for political purposes, as defined in s. 11.01 (16).

AB1189-ASA1, s. 76 Section 76. 19.42 (10) (a) of the statutes is repealed.

AB1189-ASA1, s. 77 Section 77. 19.43 (4) of the statutes is amended to read:

AB1189-ASA1,39,14 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the elections government accountability board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

AB1189-ASA1, s. 78 Section 78. 19.43 (5) of the statutes is amended to read:

AB1189-ASA1,40,2 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics government accountability board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics government accountability board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution , or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

AB1189-ASA1, s. 79 Section 79. 19.45 (5m) of the statutes is created to read:

AB1189-ASA1,40,5 19.45 (5m) No state public official or state employee may engage in any activity that is prohibited under s. 230.40 or 230.405.

AB1189-ASA1, s. 80 Section 80. 19.45 (6) of the statutes is amended to read:

AB1189-ASA1,40,20 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official'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 state funds, unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

AB1189-ASA1, s. 81 Section 81. 19.45 (15) of the statutes is created to read:

AB1189-ASA1,40,24 19.45 (15) No state public official or state employee may knowingly solicit or discourage any political activity by a person who has business before the department served by the official or employee.

AB1189-ASA1, s. 82 Section 82. 19.46 (1) (intro.) of the statutes is amended to read:

AB1189-ASA1,41,3 19.46 (1) (intro.) Except in accordance with the board's advice under sub. (2) of the executive director of the board under s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:

AB1189-ASA1, s. 83 Section 83. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

AB1189-ASA1,42,2 5.05 (6a) Any individual, either personally or on behalf of an organization or governmental body, may request of the board executive director of the board an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board executive director an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective appointee is or may become a party. The board executive director shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. The board's deliberations and actions upon The executive director may consult with the board before issuing a formal opinion but shall not reveal any information to the board that would identify the requester of the opinion. All consultations with the board concerning such requests shall be in meetings not open to the public. It is prima facie evidence of intent to comply with this subchapter chs. 5 to 12 or subch. III of ch. 13 or subch. III of ch. 19 when a person refers a matter to the board executive director and abides by the board's executive director's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

AB1189-ASA1, s. 84 Section 84. 19.47 (2) of the statutes is repealed.

AB1189-ASA1, s. 85 Section 85. 19.47 (4) of the statutes is repealed.

AB1189-ASA1, s. 86 Section 86. 19.47 (5) of the statutes is amended to read:

AB1189-ASA1,42,17 19.47 (5) No later than September 1 of each year, the board shall submit a report concerning its actions in the preceding fiscal year to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Such The board shall include in its biennial report shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued by the executive director under s. 5.05 (6a). The board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

AB1189-ASA1, s. 87 Section 87. 19.48 (9) of the statutes is amended to read:

AB1189-ASA1,43,8 19.48 (9) Administer programs to explain and interpret ss. 11.36, 230.40, and 230.405, this subchapter, and subch. III of ch. 13 for state public officials, and for elective state officials state employees, candidates for state public office, legislative officials, agency officials, lobbyists, as defined in s. 13.62, local public officials, corporation counsels and attorneys for local governmental units. The programs shall provide advice regarding appropriate ethical and lobbying practices, with special emphasis on public interest lobbying. The board may delegate creation and implementation of any such program to a group representing the public interest. The board may charge a fee to participants in any such program. The board shall require attendance of all state employees at programs conducted under this subsection for a minimum number of hours specified by rule of the board during each biennial period. The board shall require each new state employee to attend a program conducted under this subsection within 6 months of beginning his or her employment. Each department shall pay any fees incurred by its employees for attendance at programs for which attendance is required under this subsection.

AB1189-ASA1, s. 88 Section 88. 19.50 (2) of the statutes is amended to read:

AB1189-ASA1,43,14 19.50 (2) To administer oaths and to require by subpoena issued by it the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).

AB1189-ASA1, s. 89 Section 89. 19.53 (6) of the statutes is amended to read:

AB1189-ASA1,44,7 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2), not more than $1,000 for each violation of s. 19.45 (5m) or (15), or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the board determines that the accused has realized economic gain as a result of the violation, the board may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB1189-ASA1, s. 90 Section 90. 19.54 (2) of the statutes is amended to read:

AB1189-ASA1,44,15 19.54 (2) An application for rehearing is governed by such general rules as the board may establish. Only one rehearing may be granted by the board. No order of the board pursuant to this subchapter or subch. III of ch.13 becomes effective until 20 days after it is issued, or while an application for rehearing or a rehearing is pending, or until 10 days after such application for rehearing is either denied, expressly or by implication, or the board has announced its final determination on rehearing.

AB1189-ASA1, s. 91 Section 91. 19.55 (1) of the statutes is amended to read:

AB1189-ASA1,45,2 19.55 (1) Except as provided in sub. (2) and s. 5.05 (5s), all records under this subchapter or subch. III of ch. 13 in the possession of the board are open to public inspection at all reasonable times. The board shall require an individual wishing to examine a statement of economic interests or the list of persons who inspect any statements which are in the board's possession to provide his or her full name and address, and if the individual is representing another person, the full name and address of the person which he or she represents. Such identification may be provided in writing or in person. The board shall record and retain for at least 3 years information obtained by it pursuant to this subsection. No individual may use a fictitious name or address or fail to identify a principal in making any request for inspection.

AB1189-ASA1, s. 92 Section 92. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and amended to read:

AB1189-ASA1,45,15 5.05 (5s) (b) Records obtained in connection with a request for an advisory opinion issued under s. 5.05 (6a), 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). The executive director of the board may, however, make such records public with the consent of the individual requesting the 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 advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the board in connection with the request for an advisory opinion.

AB1189-ASA1, s. 93 Section 93. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (a) (intro.) and amended to read:

AB1189-ASA1,45,20 5.05 (5s) (a) (intro.) Records obtained or prepared by the board in connection with an investigation are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (d) and except that the:

AB1189-ASA1,45,25 1. The board shall permit inspection of records that are made public in the course of a hearing by the board to determine if a violation of this subchapter chs. 5 to 12 or subch. III of ch. 13 or subch. III of ch. 19 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they

AB1189-ASA1,46,3 2. Investigatory records of the board may be made public in the course of a prosecution initiated under this subchapter chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.

AB1189-ASA1,46,7 3. The board shall also 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 workforce development or by a county child support agency under s. 59.53 (5).

AB1189-ASA1, s. 94 Section 94. 19.55 (2) (c) of the statutes is amended to read:

AB1189-ASA1,46,15 19.55 (2) (c) Statements of economic interests and reports of economic transactions which are filed with the ethics government accountability board by members or employees of the investment board, except that the ethics government accountability board shall refer statements and reports filed by such individuals to the legislative audit bureau for its review, and except that a statement of economic interests filed by a member or employee of the investment board who is also an official required to file shall be open to public inspection.

AB1189-ASA1, s. 95 Section 95. 19.579 of the statutes is repealed and recreated to read:

AB1189-ASA1,46,19 19.579 Civil penalties. (1) Any person who violates s. 19.43, 19.44, or 19.56 (2) may be required to forfeit not more than $500. Any person who violates any other provision of this subchapter may be required to forfeit not more than $5,000.

AB1189-ASA1,46,21 (2) Any person who violates s. 19.45 (5m) or (15) may be required to forfeit not more than $1,000.

AB1189-ASA1, s. 96 Section 96. 19.58 (1) (a) of the statutes is amended to read:

AB1189-ASA1,47,2 19.58 (1) (a) Any person who intentionally violates any provision of this subchapter except s. 19.45 (5m) or (13), (15) or 19.59 (1) (br), or a code of ethics adopted or established under s. 19.45 (11) (a) or (b), shall be fined not less than $100 nor more than $5,000 or imprisoned not more than one year in the county jail or both.

AB1189-ASA1, s. 97 Section 97. 19.59 (8) (a) and (c) of the statutes are amended to read:

AB1189-ASA1,47,7 19.59 (8) (a) Subsection (1) shall be enforced in the name and on behalf of the state by action of the board or, subject to the procedures prescribed in s. 5.05 (2m) (c), by action of the district attorney of for any county wherein a violation may occur, upon the verified complaint of any person.

AB1189-ASA1,47,13 (c) If Unless the district attorney is precluded from commencing an action under s. 5.05 (2m) (c), if the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB1189-ASA1, s. 98 Section 98. 19.59 (8) (cn) of the statutes is amended to read:

AB1189-ASA1,48,2 19.59 (8) (cn) If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the board or district attorney for the county in which a violation of sub. (1) (br) is alleged to occur receives a verified complaint alleging a violation of sub. (1) (br), the board or district attorney shall, within 30 days after receipt of the complaint, either commence an investigation of the allegations contained in the complaint or dismiss the complaint. If the district attorney dismisses the complaint, with or without investigation, the district attorney shall notify the complainant in writing. Upon receiving notification of the dismissal, the complainant may then file the complaint with the attorney general or the district attorney for a county that is adjacent to the county in which the violation is alleged to occur. The attorney general or district attorney may then investigate the allegations contained in the complaint and commence a prosecution.

AB1189-ASA1, s. 99 Section 99. 19.59 (8) (d) of the statutes is amended to read:

AB1189-ASA1,48,8 19.59 (8) (d) If the district attorney prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the county wherein the violation occurs. If the board or attorney general prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the state.

AB1189-ASA1, s. 100 Section 100. 19.85 (1) (fm) of the statutes is created to read:

AB1189-ASA1,48,11 19.85 (1) (fm) Deliberating by the government accountability board concerning any investigation under the board's jurisdiction.

AB1189-ASA1, s. 101 Section 101. 19.85 (1) (h) of the statutes is amended to read:

AB1189-ASA1,48,15 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics executive director of the government accountability board under s. 19.46 (2) s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

AB1189-ASA1, s. 102 Section 102. 20.510 (intro.) of the statutes is repealed.

AB1189-ASA1, s. 103 Section 103. 20.510 (1) (title) of the statutes is repealed.

AB1189-ASA1, s. 104 Section 104. 20.510 (1) (a) of the statutes is repealed.

AB1189-ASA1, s. 105 Section 105. 20.510 (1) (b) of the statutes, as created by 2005 Wisconsin Act 333, is repealed.

AB1189-ASA1, s. 106 Section 106. 20.510 (1) (bm) of the statutes is repealed.

AB1189-ASA1, s. 107 Section 107. 20.510 (1) (c) of the statutes is repealed.

AB1189-ASA1, s. 108 Section 108. 20.510 (1) (d) of the statutes is repealed.

AB1189-ASA1, s. 109 Section 109. 20.510 (1) (g) of the statutes is repealed.

AB1189-ASA1, s. 110 Section 110. 20.510 (1) (gm) of the statutes, as created by 2005 Wisconsin Act 25, is repealed.

AB1189-ASA1, s. 111 Section 111. 20.510 (1) (h) of the statutes is repealed.

AB1189-ASA1, s. 112 Section 112. 20.510 (1) (i) of the statutes is repealed.

AB1189-ASA1, s. 113 Section 113. 20.510 (1) (j) of the statutes is repealed.

AB1189-ASA1, s. 114 Section 114. 20.510 (1) (q) of the statutes, as affected by 2005 Wisconsin Act 178, is repealed.

AB1189-ASA1, s. 115 Section 115. 20.510 (1) (t) of the statutes is repealed.

AB1189-ASA1, s. 116 Section 116. 20.510 (1) (x) of the statutes is repealed.

AB1189-ASA1, s. 117 Section 117. 20.521 (intro.) of the statutes is repealed.

AB1189-ASA1, s. 118 Section 118. 20.521 (1) (title) of the statutes is repealed.

AB1189-ASA1, s. 119 Section 119. 20.521 (1) (a) of the statutes is repealed.

AB1189-ASA1, s. 120 Section 120. 20.521 (1) (b) of the statutes is repealed.

AB1189-ASA1, s. 121 Section 121. 20.521 (1) (g) of the statutes is repealed.

AB1189-ASA1, s. 122 Section 122. 20.521 (1) (h) of the statutes is repealed.

AB1189-ASA1, s. 123 Section 123. 20.521 (1) (i) of the statutes is repealed.