AB1189-ASA1,39,1421
19.43
(4) A candidate for state public office shall file with the board a statement
22of economic interests meeting each of the requirements of s. 19.44 (1) no later than
234:30 p.m. on the 3rd day following the last day for filing nomination papers for the
24office which the candidate seeks, or no later than 4:30 p.m. on the next business day
25after the last day whenever that candidate is granted an extension of time for filing
1nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15
2(1)
, or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of
3nomination is mailed or personally delivered to the candidate by the municipal clerk
4in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m.
5on the 3rd day after notification of nomination is mailed or personally delivered to
6the candidate by the appropriate official or agency in the case of a write-in candidate
7or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a).
8The information contained on the statement shall be current as of December 31 of
9the year preceding the filing deadline. Before certifying the name of any candidate
10for state public office under s. 7.08 (2) (a), the
elections government accountability 11board, municipal clerk
, or board of election commissioners shall ascertain whether
12that candidate has complied with this subsection. If not, the
elections government
13accountability board, municipal clerk
, or board of election commissioners may not
14certify the candidate's name for ballot placement.
AB1189-ASA1,40,216
19.43
(5) Each member of the investment board and each employee of the
17investment board who is a state public official shall complete and file with the
ethics 18government accountability board a quarterly report of economic transactions no
19later than the last day of the month following the end of each calendar quarter during
20any portion of which he or she was a member or employee of the investment board.
21Such reports of economic transactions shall be in the form prescribed by the
ethics 22government accountability board and shall identify the date and nature of any
23purchase, sale, put, call, option, lease, or creation, dissolution
, or modification of any
24economic interest made during the quarter for which the report is filed and
1disclosure of which would be required by s. 19.44 if a statement of economic interests
2were being filed.
AB1189-ASA1,40,54
19.45
(5m) No state public official or state employee may engage in any activity
5that is prohibited under s. 230.40 or 230.405.
AB1189-ASA1,40,207
19.45
(6) No state public official, member of a state public official's immediate
8family, nor any organization with which the state public official or a member of the
9official's immediate family owns or controls at least 10% of the outstanding equity,
10voting rights, or outstanding indebtedness may enter into any contract or lease
11involving a payment or payments of more than $3,000 within a 12-month period, in
12whole or in part derived from state funds
, unless the state public official has first
13made written disclosure of the nature and extent of such relationship or interest to
14the board and to the department acting for the state in regard to such contract or
15lease. Any contract or lease entered into in violation of this subsection may be voided
16by the state in an action commenced within 3 years of the date on which the
ethics 17board, or the department or officer acting for the state in regard to the allocation of
18state funds from which such payment is derived, knew or should have known that
19a violation of this subsection had occurred. This subsection does not affect the
20application of s. 946.13.
AB1189-ASA1,40,2422
19.45
(15) No state public official or state employee may knowingly solicit or
23discourage any political activity by a person who has business before the department
24served by the official or employee.
AB1189-ASA1,41,3
119.46
(1) (intro.) Except in accordance with the
board's advice
under sub. (2) 2of the executive director of the board under s. 5.05 (6a) and except as otherwise
3provided in sub. (3), no state public official may:
AB1189-ASA1, s. 83
4Section
83. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
5read:
AB1189-ASA1,42,26
5.05
(6a) Any individual, either personally or on behalf of an organization or
7governmental body, may request of the
board executive director of the board an
8advisory opinion regarding the propriety
under chs. 5 to 12, subch. III of ch. 13, or
9subch. III of ch. 19 of any matter to which the person is or may become a party; and
10any appointing officer, with the consent of a prospective appointee, may request of
11the
board executive director an advisory opinion regarding the propriety
under chs.
125 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the
13prospective appointee is or may become a party. The
board executive director shall
14review a request for an advisory opinion and may advise the person making the
15request. Advisory opinions and requests therefor shall be in writing.
The board's
16deliberations and actions upon The executive director may consult with the board
17before issuing a formal opinion but shall not reveal any information to the board that
18would identify the requester of the opinion. All consultations with the board
19concerning such requests shall be in meetings not open to the public. It is prima facie
20evidence of intent to comply with
this subchapter
chs. 5 to 12 or subch. III of ch. 13
21or subch. III of ch. 19 when a person refers a matter to the
board executive director 22and abides by the
board's executive director's advisory opinion, if the material facts
23are as stated in the opinion request.
The board may authorize the executive director
24to act in its stead in instances where delay is of substantial inconvenience or
25detriment to the requesting party. No member or employee of the board may make
1public the identity of the individual requesting an advisory opinion or of individuals
2or organizations mentioned in the opinion.
AB1189-ASA1,42,176
19.47
(5) No later than September 1 of each year, the board shall submit a
7report concerning its actions in the preceding fiscal year to the governor and the chief
8clerk of each house of the legislature, for distribution to the legislature under s.
913.172 (2). Such The board shall include in its biennial report
shall contain under
10s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
11summary of its determinations and advisory opinions
issued by the executive
12director under s. 5.05 (6a). The board shall make sufficient alterations in the
13summaries to prevent disclosing the identities of individuals or organizations
14involved in the decisions or opinions.
The board may also include in its biennial
15report any information compiled under s. 11.21 (7). The board shall make such
16further reports on the matters within its jurisdiction and such recommendations for
17further legislation as it deems desirable.
AB1189-ASA1,43,819
19.48
(9) Administer programs to explain and interpret
ss. 11.36, 230.40, and
20230.405, this subchapter
, and subch. III of ch. 13 for state public officials,
and for
21elective state officials state employees, candidates for state public office, legislative
22officials, agency officials, lobbyists, as defined in s. 13.62, local public officials,
23corporation counsels and attorneys for local governmental units. The programs shall
24provide advice regarding appropriate ethical and lobbying practices, with special
25emphasis on public interest lobbying. The board may delegate creation and
1implementation of any such program to a group representing the public interest. The
2board may charge a fee to participants in any such program.
The board shall require
3attendance of all state employees at programs conducted under this subsection for
4a minimum number of hours specified by rule of the board during each biennial
5period. The board shall require each new state employee to attend a program
6conducted under this subsection within 6 months of beginning his or her
7employment. Each department shall pay any fees incurred by its employees for
8attendance at programs for which attendance is required under this subsection.
AB1189-ASA1,43,1410
19.50
(2) To administer oaths and to require by subpoena issued by it the
11attendance and testimony of witnesses and the production of any documentary
12evidence relating to the investigation or hearing being conducted.
Notwithstanding
13s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance
14with s. 19.47 (4).
AB1189-ASA1,44,716
19.53
(6) An order requiring the accused to forfeit not more than $500 for each
17violation of s. 19.43, 19.44, or 19.56 (2)
, not more than $1,000 for each violation of s.
1819.45 (5m) or (15), or not more than $5,000 for each violation of any other provision
19of this subchapter, or not more than the applicable amount specified in s. 13.69 for
20each violation of subch. III of ch. 13. If the board determines that the accused has
21realized economic gain as a result of the violation, the board may, in addition, order
22the accused to forfeit the amount gained as a result of the violation. In addition, if
23the board determines that a state public official has violated s. 19.45 (13), the board
24may order the official to forfeit an amount equal to the amount or value of any
25political contribution, service, or other thing of value that was wrongfully obtained.
1If the board determines that a state public official has violated s. 19.45 (13) and no
2political contribution, service or other thing of value was obtained, the board may
3order the official to forfeit an amount equal to the maximum contribution authorized
4under s. 11.26 (1) for the office held or sought by the official, whichever amount is
5greater. The attorney general, when so requested by the board, shall institute
6proceedings to recover any forfeiture incurred under this section or s. 19.545 which
7is not paid by the person against whom it is assessed.
AB1189-ASA1,44,159
19.54
(2) An application for rehearing is governed by such general rules as the
10board may establish. Only one rehearing may be granted by the board. No order of
11the board
pursuant to this subchapter or subch. III of ch.13 becomes effective until
1220 days after it is issued, or while an application for rehearing or a rehearing is
13pending, or until 10 days after such application for rehearing is either denied,
14expressly or by implication, or the board has announced its final determination on
15rehearing.
AB1189-ASA1,45,217
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
18subchapter or subch. III of ch. 13 in the possession of the board are open to public
19inspection at all reasonable times. The board shall require an individual wishing to
20examine a statement of economic interests or the list of persons who inspect any
21statements which are in the board's possession to provide his or her full name and
22address, and if the individual is representing another person, the full name and
23address of the person which he or she represents. Such identification may be
24provided in writing or in person. The board shall record and retain for at least 3 years
25information obtained by it pursuant to this subsection. No individual may use a
1fictitious name or address or fail to identify a principal in making any request for
2inspection.
AB1189-ASA1, s. 92
3Section
92. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and
4amended to read:
AB1189-ASA1,45,155
5.05
(5s) (b) Records obtained in connection with a request for an advisory
6opinion
issued under s. 5.05 (6a), other than summaries of advisory opinions that do
7not disclose the identity of individuals requesting such opinions or organizations on
8whose behalf they are requested
, are not subject to the right of inspection and
9copying under s. 19.35 (1). The
executive director of the board may, however, make
10such records public with the consent of the individual requesting the advisory
11opinion or the organization or governmental body on whose behalf it is requested.
12A person who makes or purports to make public the substance of or any portion of
13an advisory opinion requested by or on behalf of the person is deemed to have waived
14the confidentiality of the request for an advisory opinion and of any records obtained
15or prepared by the board in connection with the request for an advisory opinion.
AB1189-ASA1, s. 93
16Section
93. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (a) (intro.) and
17amended to read:
AB1189-ASA1,45,2018
5.05
(5s) (a) (intro.) Records obtained or prepared by the board in connection
19with an investigation
are not subject to the right of inspection and copying under s.
2019.35 (1), except
as provided in par. (d) and except that
the:
AB1189-ASA1,45,25
211. The board shall permit inspection of records that are made public in the
22course of a hearing by the board to determine if a violation of
this subchapter chs. 5
23to 12 or subch. III of ch. 13
or subch. III of ch. 19 has occurred.
Whenever the board
24refers such investigation and hearing records to a district attorney or to the attorney
25general, they
AB1189-ASA1,46,3
12. Investigatory records of the board may be made public in the course of a
2prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
3III of ch. 19.
AB1189-ASA1,46,7
43. The board shall
also provide information from investigation and hearing
5records that pertains to the location of individuals and assets of individuals as
6requested under s. 49.22 (2m) by the department of workforce development or by a
7county child support agency under s. 59.53 (5).
AB1189-ASA1,46,159
19.55
(2) (c) Statements of economic interests and reports of economic
10transactions which are filed with the
ethics government accountability board by
11members or employees of the investment board, except that the
ethics government
12accountability board shall refer statements and reports filed by such individuals to
13the legislative audit bureau for its review, and except that a statement of economic
14interests filed by a member or employee of the investment board who is also an
15official required to file shall be open to public inspection.
AB1189-ASA1, s. 95
16Section
95. 19.579 of the statutes is repealed and recreated to read:
AB1189-ASA1,46,19
1719.579 Civil penalties. (1) Any person who violates s. 19.43, 19.44, or 19.56
18(2) may be required to forfeit not more than $500. Any person who violates any other
19provision of this subchapter may be required to forfeit not more than $5,000.
AB1189-ASA1,46,21
20(2) Any person who violates s. 19.45 (5m) or (15) may be required to forfeit not
21more than $1,000.
AB1189-ASA1,47,223
19.58
(1) (a) Any person who intentionally violates any provision of this
24subchapter except s. 19.45
(5m) or (13)
, (15) or 19.59 (1) (br), or a code of ethics
1adopted or established under s. 19.45 (11) (a) or (b), shall be fined not less than $100
2nor more than $5,000 or imprisoned not more than one year in the county jail or both.
AB1189-ASA1, s. 97
3Section
97. 19.59 (8) (a) and (c) of the statutes are amended to read:
AB1189-ASA1,47,74
19.59
(8) (a) Subsection (1) shall be enforced in the name and on behalf of the
5state by action of the
board or, subject to the procedures prescribed in s. 5.05 (2m) (c),
6by action of the district attorney
of for any county wherein a violation may occur,
7upon the verified complaint of any person.
AB1189-ASA1,47,138
(c)
If Unless the district attorney is precluded from commencing an action
9under s. 5.05 (2m) (c), if the district attorney fails to commence an action to enforce
10sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if
11the district attorney refuses to commence such an action, the person making the
12complaint may petition the attorney general to act upon the complaint. The attorney
13general may then bring an action under par. (a) or (b), or both.
AB1189-ASA1,48,215
19.59
(8) (cn)
If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the
16board or district attorney for the county in which a violation of sub. (1) (br) is alleged
17to occur receives a verified complaint alleging a violation of sub. (1) (br), the
board
18or district attorney shall, within 30 days after receipt of the complaint, either
19commence an investigation of the allegations contained in the complaint or dismiss
20the complaint. If the district attorney dismisses the complaint, with or without
21investigation, the district attorney shall notify the complainant in writing. Upon
22receiving notification of the dismissal, the complainant may then file the complaint
23with the attorney general or the district attorney for a county that is adjacent to the
24county in which the violation is alleged to occur. The attorney general or district
1attorney may then investigate the allegations contained in the complaint and
2commence a prosecution.
AB1189-ASA1,48,84
19.59
(8) (d) If the district attorney prevails in such an action, the court shall
5award any forfeiture recovered together with reasonable costs to the county wherein
6the violation occurs. If the
board or attorney general prevails in such an action, the
7court shall award any forfeiture recovered together with reasonable costs to the
8state.
AB1189-ASA1,48,1110
19.85
(1) (fm) Deliberating by the government accountability board concerning
11any investigation under the board's jurisdiction.
AB1189-ASA1,48,1513
19.85
(1) (h) Consideration of requests for confidential written advice from the
14ethics executive director of the government accountability board under
s. 19.46 (2) 15s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).
AB1189-ASA1,50,1618
20.923
(4) State agency positions. (intro.) State agency heads, the
19administrator of the division of merit recruitment and selection in the office of state
20employment relations
, the administrator of the enforcement division in the
21government accountability board, and commission chairpersons and members shall
22be identified and limited in number in accordance with the standardized
23nomenclature contained in this subsection, and shall be assigned to the executive
24salary groups listed in pars. (a) to (i). Except for positions specified in
par. pars. (c)
253m.
and (e) 2e. and sub. (12), all unclassified division administrator positions
1enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint
2committee on employment relations, by the director of the office of state employment
3relations to one of 10 executive salary groups. The joint committee on employment
4relations, by majority vote of the full committee, may amend recommendations for
5initial position assignments and changes in assignments to the executive salary
6groups submitted by the director of the office of state employment relations. All
7division administrator assignments and amendments to assignments of
8administrator positions approved by the committee shall become part of the
9compensation plan. Whenever a new unclassified division administrator position is
10created, the appointing authority may set the salary for the position until the joint
11committee on employment relations approves assignment of the position to an
12executive salary group. If the committee approves assignment of the position to an
13executive salary group having a salary range minimum or maximum inconsistent
14with the salary paid to the incumbent at the time of such approval, the incumbent's
15salary shall be adjusted by the appointing authority to conform with the committee's
16action, effective on the date of that action. Positions are assigned as follows:
AB1189-ASA1,50,2120
20.923
(4) (e) 2e. Government accountability board: administrator of the
21enforcement division.
AB1189-ASA1,50,2323
20.923
(4) (f) 3j. Government accountability board: executive director.
AB1189-ASA1,51,19
159.605
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
2The governing body shall provide the election officials with all necessary election
3supplies. The form of the ballot shall correspond substantially with the standard
4form for referendum ballots prescribed by the
elections government accountability 5board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
6operating levy rate, the question shall be submitted as follows: "Under state law, the
7operating levy rate for the .... (name of county), for the tax to be imposed for the year
8.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
9county) be allowed to exceed this rate limit for .... (a specified number of years) (an
10indefinite period) by $.... per $1,000 of equalized value that results in an operating
11levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
12specifies the operating levy, the question shall be submitted as follows: "Under state
13law, the operating levy rate for the .... (name of county), for the tax to be imposed for
14the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
15the operating levy rate limit, shall the .... (name of county) be allowed to levy an
16amount not to exceed $.... (operating levy) for operating purposes for the year ....
17(year), which may increase the operating levy rate for .... (a specified number of
18years) (an indefinite period)? This would allow a ....% increase above the levy of $....
19(preceding year operating levy) for the year .... (preceding year)."
AB1189-ASA1,52,321
67.05
(3) (b) The clerk of the jurisdiction in which the referendum is held shall
22prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
23referendum is held is not a city, village
, or town, and the clerk of the jurisdiction in
24which the referendum is held prepares the ballots, the clerk shall deliver the ballots
25to the municipal clerk of each city, village
, or town which is wholly or partly contained
1within the jurisdiction in which the referendum is held. The form of the ballot shall
2correspond with the form prescribed by the
elections
government accountability 3board under ss. 5.64 (2) and 7.08 (1) (a).