SB1-ASA2,33,19
18(4) No member may hold another office or position that is a state public office
19or a local public office, as defined in s. 19.42.
SB1-ASA2,33,24
20(5) No member, for one year immediately prior to the date of appointment may
21have been, or while serving on the board may become, a member of a political party,
22an officer or member of a committee in any partisan political club or organization,
23an officer or employee of a registrant under s. 11.05, or a candidate for any partisan
24elective public office.
SB1-ASA2,34,2
1(6) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee
2of a principal, as defined in s. 13.62 (12).
SB1-ASA2,34,10
415.603 Same; specified divisions. (1) Enforcement division. There is
5created in the government accountability and integrity board an enforcement
6division. The enforcement division shall be under the direction and supervision of
7an administrator, who shall be appointed by the board, to serve for a term of not less
8than 4 years nor more than 6 years expiring on September 1 of an odd-numbered
9year. The administrator shall be an attorney licensed to practice law in this state
10who has criminal justice experience.
SB1-ASA2,34,14
11(2) Accountability and integrity division. There is created in the government
12accountability and integrity board an accountability and integrity division. The
13accountability and integrity division shall be under the direction and supervision of
14an administrator, who shall be appointed by the board.
SB1-ASA2,34,17
15(3) Elections division. There is created in the government accountability and
16integrity board an elections division. The elections division shall be under the
17direction and supervision of an administrator, who shall be appointed by the board.
SB1-ASA2, s. 75
19Section
75. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the
20statutes, as renumbered, is amended to read:
SB1-ASA2,35,421
15.607
(1) Election administration council. There is created in the
elections 22government accountability and integrity board an election administration council
23consisting of members appointed by the executive director of the
elections 24government accountability and integrity board, including the clerk or executive
25director of the board of election commissioners of the 2 counties or municipalities in
1this state having the largest population, one or more election officials of other
2counties or municipalities, representatives of organizations that advocate for the
3interests of individuals with disabilities and organizations that advocate for the
4interests of the voting public, and other electors of this state.
SB1-ASA2,35,157
16.79
(2) The department shall distribute in pamphlet form copies of the
8constitution and such laws as may be required to meet the public demand, including
9the election laws. The department shall distribute election manuals, forms
, and
10supplies specified by the
elections government accountability and integrity board.
11The laws, manuals, forms
, and supplies shall be sold by the department at cost,
12including distribution cost as determined under s. 35.80. The
elections government
13accountability and integrity board shall inform the department in writing as to
14which election manuals, forms
, and supplies shall be offered for distribution under
15this subsection.
SB1-ASA2, s. 78
16Section
78. 16.96 (3) (b) of the statutes is amended to read:
SB1-ASA2,35,2017
16.96
(3) (b) Maintain and keep current throughout the decade the maps of
18congressional and legislative district boundaries received from the legislative
19reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the
elections 20government accountability and integrity board.
SB1-ASA2, s. 79
21Section
79. 16.973 (6) of the statutes is amended to read:
SB1-ASA2,36,222
16.973
(6) With the advice of the
ethics government accountability and
23integrity board, adopt and enforce standards of ethical conduct applicable to its paid
24consultants which are similar to the standards prescribed in subch. III of ch. 19,
1except that the department shall not require its paid consultants to file statements
2of economic interests.
SB1-ASA2,36,114
17.07
(6) Other state officers serving in an office that is filled by appointment
5of any officer or body without the concurrence of the governor, by the officer or body
6having the authority to make appointments to that office, at pleasure, except that
7officers appointed according to merit and fitness under and subject to ch. 230 or
8officers whose removal is governed by ch. 230 may be removed only in conformity
9with that chapter
, and except that the administrator of the enforcement division in
10the government accountability and integrity board may be removed from office only
11by the board, for cause.
SB1-ASA2, s. 81
12Section
81. 17.17 (1) of the statutes is amended to read:
SB1-ASA2,36,1613
17.17
(1) Senators and members of congress. In the office of United States
14senator or member of congress from this state, by the county clerk of the county
15wherein such officer resided at the time of election, to the
elections government
16accountability and integrity board.
SB1-ASA2, s. 82
17Section
82. 17.17 (4) of the statutes is amended to read:
SB1-ASA2,36,2018
17.17
(4) Justices and judges. In the office of justice of the supreme court, court
19of appeals judge
, or judge of a circuit court, by the director of state courts to the
20governor and the
elections government accountability and integrity board.
SB1-ASA2, s. 83
21Section
83. 19.42 (3) of the statutes is amended to read:
SB1-ASA2,36,2322
19.42
(3) "Board" means the
ethics
government accountability and integrity 23board.
SB1-ASA2, s. 85
25Section
85. 19.43 (4) of the statutes is amended to read:
SB1-ASA2,37,19
119.43
(4) A candidate for state public office shall file with the board a statement
2of economic interests meeting each of the requirements of s. 19.44 (1) no later than
34:30 p.m. on the 3rd day following the last day for filing nomination papers for the
4office which the candidate seeks, or no later than 4:30 p.m. on the next business day
5after the last day whenever that candidate is granted an extension of time for filing
6nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15
7(1)
, or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of
8nomination is mailed or personally delivered to the candidate by the municipal clerk
9in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m.
10on the 3rd day after notification of nomination is mailed or personally delivered to
11the candidate by the appropriate official or agency in the case of a write-in candidate
12or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a).
13The information contained on the statement shall be current as of December 31 of
14the year preceding the filing deadline. Before certifying the name of any candidate
15for state public office under s. 7.08 (2) (a), the
elections government accountability
16and integrity board, municipal clerk
, or board of election commissioners shall
17ascertain whether that candidate has complied with this subsection. If not, the
18elections government accountability and integrity board, municipal clerk
, or board
19of election commissioners may not certify the candidate's name for ballot placement.
SB1-ASA2, s. 86
20Section
86. 19.43 (5) of the statutes is amended to read:
SB1-ASA2,38,621
19.43
(5) Each member of the investment board and each employee of the
22investment board who is a state public official shall complete and file with the
ethics 23government accountability and integrity board a quarterly report of economic
24transactions no later than the last day of the month following the end of each
25calendar quarter during any portion of which he or she was a member or employee
1of the investment board. Such reports of economic transactions shall be in the form
2prescribed by the
ethics government accountability and integrity board and shall
3identify the date and nature of any purchase, sale, put, call, option, lease, or creation,
4dissolution
, or modification of any economic interest made during the quarter for
5which the report is filed and disclosure of which would be required by s. 19.44 if a
6statement of economic interests were being filed.
SB1-ASA2,38,218
19.45
(6) No state public official, member of a state public official's immediate
9family, nor any organization with which the state public official or a member of the
10official's immediate family owns or controls at least 10% of the outstanding equity,
11voting rights, or outstanding indebtedness may enter into any contract or lease
12involving a payment or payments of more than $3,000 within a 12-month period, in
13whole or in part derived from state funds
, unless the state public official has first
14made written disclosure of the nature and extent of such relationship or interest to
15the board and to the department acting for the state in regard to such contract or
16lease. Any contract or lease entered into in violation of this subsection may be voided
17by the state in an action commenced within 3 years of the date on which the
ethics 18board, or the department or officer acting for the state in regard to the allocation of
19state funds from which such payment is derived, knew or should have known that
20a violation of this subsection had occurred. This subsection does not affect the
21application of s. 946.13.
SB1-ASA2, s. 88
22Section
88. 19.46 (1) (intro.) of the statutes is amended to read:
SB1-ASA2,38,2523
19.46
(1) (intro.) Except in accordance with the
board's advice
of the executive
24director of the board under
sub. (2) s. 5.05 (6a) and except as otherwise provided in
25sub. (3), no state public official may:
SB1-ASA2, s. 89
1Section
89. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
2read:
SB1-ASA2,39,233
5.05
(6a) Any individual, either personally or on behalf of an organization or
4governmental body, may request of the board an advisory opinion regarding the
5propriety
under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter
6to which the person is or may become a party; and any appointing officer, with the
7consent of a prospective appointee, may request of the board an advisory opinion
8regarding the propriety
under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 9of any matter to which the prospective appointee is or may become a party. The board
10shall review a request for an advisory opinion and may advise the person making the
11request. Advisory opinions and requests therefor shall be in writing. The board's
12deliberations and actions upon such requests shall be in meetings not open to the
13public.
If any act that is referenced in the opinion is prohibited by law, the executive
14director shall include in the opinion a citation to the legal authority prohibiting the
15act. If no legal authority clearly prohibits an act that is referenced in the opinion,
16the executive director shall so state. It is prima facie evidence of intent to comply
17with
this subchapter or chs. 5 to 12, subch. III of ch. 13
, or subch. III of ch. 19 when
18a person refers a matter to the board and abides by the board's advisory opinion, if
19the material facts are as stated in the opinion request. The board may authorize the
20executive director to act in its stead in instances where delay is of substantial
21inconvenience or detriment to the requesting party. No member or employee of the
22board may make public the identity of the individual requesting an advisory opinion
23or of individuals or organizations mentioned in the opinion.
SB1-ASA2,40,132
19.47
(5) No later than September 1 of each year, the board shall submit a
3report concerning its actions in the preceding fiscal year to the governor and the chief
4clerk of each house of the legislature, for distribution to the legislature under s.
513.172 (2). Such The board shall include in its biennial report
shall contain under
6s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
7summary of its determinations and advisory opinions
issued by the board under s.
85.05 (6a). The board shall make sufficient alterations in the summaries to prevent
9disclosing the identities of individuals or organizations involved in the decisions or
10opinions.
The board may also include in its biennial report any information compiled
11under s. 11.21 (7). The board shall make such further reports on the matters within
12its jurisdiction and such recommendations for further legislation as it deems
13desirable.
SB1-ASA2, s. 95
16Section
95. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.
SB1-ASA2, s. 96
17Section
96. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and
18amended to read:
SB1-ASA2,40,2319
5.05
(2m) (c) 3. Any person to whom
this subchapter or subch. III of ch. 13
or
20subch. III of ch. 19 may have application may request the board to make an
21investigation of his or her own conduct or of allegations made by other persons as to
22his or her conduct. Such a request shall be made in writing and shall set forth in
23detail the reasons therefor.
SB1-ASA2, s. 99
1Section
99. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended
2to read:
SB1-ASA2,41,53
5.05
(2m) (g) 1. Except as provided in
par. (b) subd. 2., no action may be taken
4on any complaint that is filed later than 3 years after a violation of
this subchapter
5or subch. III of ch. 13
or subch. III of ch. 19 is alleged to have occurred.
SB1-ASA2,41,86
2. The period of limitation under
par. (a) subd. 1. is tolled for a complaint
7alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
8a complaint may not be filed under s.
19.49 (1m)
par. (c) 2. b. or 19.59 (8) (cm).
SB1-ASA2, s. 101
10Section
101. 19.50 (intro.) and (1) to (3) of the statutes are renumbered 5.05
11(2m) (f) (intro.) and 1. to 3. and amended to read:
SB1-ASA2,41,1412
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under
s. 19.49
13(3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the
14board has the power:
SB1-ASA2,41,1815
1. To require any person to submit in writing such reports and answers to
16questions relevant to the proceedings
conducted under this subchapter or subch. III
17of ch. 13 as the board may prescribe, such submission to be made within such period
18and under oath or otherwise as the board may determine.
SB1-ASA2,41,2219
2. To administer oaths and to require by subpoena issued by it the attendance
20and testimony of witnesses and the production of any documentary evidence relating
21to the investigation or hearing being conducted.
Notwithstanding s. 885.01. (4), the
22issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).
SB1-ASA2,42,223
3. To order testimony to be taken by deposition before any individual who is
24designated by the board and has the power to administer oaths, and, in such
1instances, to compel testimony and the production of evidence in the same manner
2as authorized by
sub (2) subd. 2.
SB1-ASA2, s. 102
3Section
102. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4.
4and 5.
SB1-ASA2, s. 104
6Section
104. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 7. and
7amended to read:
SB1-ASA2,42,168
5.05
(2m) (c) 7. At the conclusion of its investigation, the board shall, in
9preliminary written findings of fact and conclusions based thereon, make a
10determination of whether or not probable cause exists to believe that a violation of
11this subchapter or chs. 5 to 12, subch. III of ch. 13
or subch. III of ch. 19 has occurred.
12If the board determines that no probable cause exists, it shall immediately send
13written notice of such determination to the accused and to the party who made the
14complaint.
If the board determines that there is probable cause for believing that a
15violation of this subchapter or subch. III of ch. 13 has been committed, its
16preliminary findings of fact and conclusions may contain:
SB1-ASA2, s. 105
17Section
105. 19.51 (1) (a) and (b) of the statutes are repealed.
SB1-ASA2, s. 106
18Section
106. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 8.
SB1-ASA2, s. 111
23Section
111. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
24to read:
SB1-ASA2,43,18
119.579
(1) An order requiring the accused Except as provided in sub. (2) any
2person who violates this subchapter may be required to forfeit not more than $500
3for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
4violation of any other provision of this subchapter
, or not more than the applicable
5amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 6determines that the accused has realized economic gain as a result of the violation,
7the
board court may, in addition, order the accused to forfeit the amount gained as
8a result of the violation. In addition, if the
board
court determines that a state public
9official has violated s. 19.45 (13), the
board court may order the official to forfeit an
10amount equal to the amount or value of any political contribution, service, or other
11thing of value that was wrongfully obtained. If the
board court determines that a
12state public official has violated s. 19.45 (13) and no political contribution, service or
13other thing of value was obtained, the
board court may order the official to forfeit an
14amount equal to the maximum contribution authorized under s. 11.26 (1) for the
15office held or sought by the official, whichever amount is greater.
The attorney
16general, when so requested by the board, shall institute proceedings to recover any
17forfeiture incurred under this section or s. 19.545 which is not paid by the person
18against whom it is assessed.
SB1-ASA2,44,924
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
25subchapter or subch. III of ch. 13 in the possession of the board are open to public
1inspection at all reasonable times. The board shall require an individual wishing to
2examine a statement of economic interests or the list of persons who inspect any
3statements which are in the board's possession to provide his or her full name and
4address, and if the individual is representing another person, the full name and
5address of the person which he or she represents. Such identification may be
6provided in writing or in person. The board shall record and retain for at least 3 years
7information obtained by it pursuant to this subsection. No individual may use a
8fictitious name or address or fail to identify a principal in making any request for
9inspection.
SB1-ASA2, s. 117
10Section
117. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) and
11amended to read:
SB1-ASA2,44,2212
5.05
(5s) (f) Records obtained in connection with a request for an advisory
13opinion
issued under s. 5.05 (6a), other than summaries of advisory opinions that do
14not disclose the identity of individuals requesting such opinions or organizations on
15whose behalf they are requested
, are not subject to the right of inspection and
16copying under s. 19.35 (1). The board may, however, make such records public with
17the consent of the individual requesting the advisory opinion or the organization or
18governmental body on whose behalf it is requested. A person who makes or purports
19to make public the substance of or any portion of an advisory opinion requested by
20or on behalf of the person is deemed to have waived the confidentiality of the request
21for an advisory opinion and of any records obtained or prepared by the board in
22connection with the request for an advisory opinion.
SB1-ASA2, s. 118
23Section
118. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
24amended to read:
SB1-ASA2,45,4
15.05
(5s) (intro.) Records obtained or prepared by the board in connection with
2an investigation
, including the full text of any complaint received by the board, are
3not subject to the right of inspection and copying under s. 19.35 (1), except
as
4provided in par. (d) and except that
the:
SB1-ASA2,45,9
5(a) The board shall permit inspection of records that are made public in the
6course of a hearing by the board to determine if a violation of
this subchapter or chs.
75 to 12, subch. III of ch. 13
, or subch. III of ch. 19 has occurred.
Whenever the board
8refers such investigation and hearing records to a district attorney or to the attorney
9general, they
SB1-ASA2,45,12
10(b) Investigatory records of the board may be made public in the course of a
11prosecution initiated under this
subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
12III of ch. 19.
SB1-ASA2,45,16
13(c) The board shall
also provide information from investigation and hearing
14records that pertains to the location of individuals and assets of individuals as
15requested under s. 49.22 (2m) by the department of workforce development or by a
16county child support agency under s. 59.53 (5).
SB1-ASA2, s. 119
17Section
119. 19.55 (2) (c) of the statutes is amended to read:
SB1-ASA2,45,2418
19.55
(2) (c) Statements of economic interests and reports of economic
19transactions which are filed with the
ethics government accountability and integrity 20board by members or employees of the investment board, except that the
ethics 21government accountability and integrity board shall refer statements and reports
22filed by such individuals to the legislative audit bureau for its review, and except that
23a statement of economic interests filed by a member or employee of the investment
24board who is also an official required to file shall be open to public inspection.
SB1-ASA2, s. 120
25Section
120. 19.579 (title) of the statutes is amended to read:
SB1-ASA2,46,1
119.579 (title)
Civil penalty penalties.
SB1-ASA2, s. 122
3Section
122. 19.59 (1) (g) 8. of the statutes is amended to read:
SB1-ASA2,46,164
19.59
(1) (g) 8. No district board member, member of a district board member's
5immediate family, nor any organization with which the district board member or a
6member of the district board member's immediate family owns or controls at least
710% of the outstanding equity, voting rights, or outstanding indebtedness may enter
8into any contract or lease involving a payment or payments of more than $3,000
9within a 12-month period, in whole or in part derived from district funds unless the
10district board member has first made written disclosure of the nature and extent of
11such relationship or interest to the
ethics government accountability and integrity 12board and to the district. Any contract or lease entered into in violation of this
13subdivision may be voided by the district in an action commenced within 3 years of
14the date on which the
ethics government accountability and integrity board, or the
15district, knew or should have known that a violation of this subdivision had occurred.
16This subdivision does not affect the application of s. 946.13.
SB1-ASA2, s. 123
17Section
123. 19.59 (8) (a) and (b) of the statutes are amended to read: