Amendment ASA3-SB1

SB1-ASA3,34,3 15.60 Government accountability and integrity board; creation. (1) There is created a government accountability and integrity board consisting of 7 persons. Members shall serve for 4-year terms.

SB1-ASA3,34,9 (2) (a) All members of the board shall be appointed from nominations submitted to the governor by a nominating committee to be called the governmental accountability and integrity candidate committee, which shall consist of one court of appeals judge from each of the court of appeals districts. The court of appeals judges shall be chosen as members by lot by the chief justice of the supreme court in the presence of the other justices of the supreme court.

SB1-ASA3,34,17 (3) Four members of the board shall have prosecutorial experience, two members of the board shall have prior service as a nonpartisan elective official of a local governmental unit, as defined in s. 19.42 (7u), and one member of the board shall be a retired judge of a court of record in this state. If, as a result of a vacancy in the membership of the board, the remaining membership does not satisfy the membership requirements of this subsection, no person may be appointed to serve as a member if the person's qualifications would not contribute to satisfaction of the membership requirements of this subsection.

SB1-ASA3,34,19 (4) No member may hold another office or position that is a state public office or a local public office, as defined in s. 19.42.

SB1-ASA3,34,24 (5) No member, for one year immediately prior to the date of appointment may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization, an officer or employee of a registrant under s. 11.05, or a candidate for any partisan elective public office.

SB1-ASA3,35,2 (6) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12).

SB1-ASA3, s. 73 Section 73. 15.603 of the statutes is created to read:

SB1-ASA3,35,10 15.603 Same; specified divisions. (1) Enforcement division. There is created in the government accountability and integrity board an enforcement division. The enforcement division shall be under the direction and supervision of an administrator, who shall be appointed by the board, to serve for a term of not less than 4 years nor more than 6 years expiring on September 1 of an odd-numbered year. The administrator shall be an attorney licensed to practice law in this state who has criminal justice experience.

SB1-ASA3,35,14 (2) Accountability and integrity division. There is created in the government accountability and integrity board an accountability and integrity division. The accountability and integrity division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

SB1-ASA3,35,17 (3) Elections division. There is created in the government accountability and integrity board an elections division. The elections division shall be under the direction and supervision of an administrator, who shall be appointed by the board.

SB1-ASA3, s. 74 Section 74. 15.61 of the statutes is repealed.

SB1-ASA3, s. 75 Section 75. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the statutes, as renumbered, is amended to read:

SB1-ASA3,36,4 15.607 (1) Election administration council. There is created in the elections government accountability and integrity board an election administration council consisting of members appointed by the executive director of the elections government accountability and integrity board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

SB1-ASA3, s. 76 Section 76. 15.62 of the statutes is repealed.

SB1-ASA3, s. 77 Section 77. 16.79 (2) of the statutes is amended to read:

SB1-ASA3,36,15 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the elections government accountability and integrity board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections government accountability and integrity board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

SB1-ASA3, s. 78 Section 78. 16.96 (3) (b) of the statutes is amended to read:

SB1-ASA3,36,20 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections government accountability and integrity board.

SB1-ASA3, s. 79 Section 79. 16.973 (6) of the statutes is amended to read:

SB1-ASA3,37,2 16.973 (6) With the advice of the ethics government accountability and integrity 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.

SB1-ASA3, s. 80 Section 80. 17.07 (6) of the statutes is amended to read:

SB1-ASA3,37,11 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 and integrity board may be removed from office only by the board, for cause.

SB1-ASA3, s. 81 Section 81. 17.17 (1) of the statutes is amended to read:

SB1-ASA3,37,16 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 and integrity board.

SB1-ASA3, s. 82 Section 82. 17.17 (4) of the statutes is amended to read:

SB1-ASA3,37,20 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 and integrity board.

SB1-ASA3, s. 83 Section 83. 19.42 (3) of the statutes is amended to read:

SB1-ASA3,37,23 19.42 (3) "Board" means the ethics government accountability and integrity board.

SB1-ASA3, s. 84 Section 84. 19.42 (10) (a) of the statutes is repealed.

SB1-ASA3, s. 85 Section 85. 19.43 (4) of the statutes is amended to read:

SB1-ASA3,38,19 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 and integrity board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability and integrity board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

SB1-ASA3, s. 86 Section 86. 19.43 (5) of the statutes is amended to read:

SB1-ASA3,39,6 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 and integrity 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 and integrity 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.

SB1-ASA3, s. 87 Section 87. 19.45 (6) of the statutes is amended to read:

SB1-ASA3,39,21 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.

SB1-ASA3, s. 88 Section 88. 19.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA3,39,24 19.46 (1) (intro.) Except in accordance with the board's advice under sub. (2) s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:

SB1-ASA3, s. 89 Section 89. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

SB1-ASA3,40,23 5.05 (6a) Any individual, either personally or on behalf of an organization or governmental body, may request 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 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 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 such requests shall be in meetings not open to the public. If any act that is referenced in the opinion is prohibited by law, the board shall include in the opinion a citation to the legal authority prohibiting the act. If no legal authority clearly prohibits an act that is referenced in the opinion, the board shall so state. It is prima facie evidence of intent to comply with this subchapter or chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 when a person refers a matter to the board and abides by the board'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.

SB1-ASA3, s. 90 Section 90. 19.47 (2) of the statutes is repealed.

SB1-ASA3, s. 91 Section 91. 19.47 (4) of the statutes is repealed.

SB1-ASA3, s. 92 Section 92. 19.47 (5) of the statutes is amended to read:

SB1-ASA3,41,13 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 board 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.

SB1-ASA3, s. 93 Section 93. 19.49 (title) of the statutes is repealed.

SB1-ASA3, s. 94 Section 94. 19.49 (1) of the statutes is repealed.

SB1-ASA3, s. 95 Section 95. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.

SB1-ASA3, s. 96 Section 96. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and amended to read:

SB1-ASA3,41,23 5.05 (2m) (c) 3. Any person to whom this subchapter or subch. III of ch. 13 or subch. III of ch. 19 may have application may request the board to make an investigation of his or her own conduct or of allegations made by other persons as to his or her conduct. Such a request shall be made in writing and shall set forth in detail the reasons therefor.

SB1-ASA3, s. 97 Section 97. 19.49 (3) of the statutes is repealed.

SB1-ASA3, s. 98 Section 98. 19.49 (4) of the statutes is repealed.

SB1-ASA3, s. 99 Section 99. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended to read:

SB1-ASA3,42,5 5.05 (2m) (g) 1. Except as provided in par. (b) subd. 2., no action may be taken on any complaint that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 or subch. III of ch. 19 is alleged to have occurred.

SB1-ASA3,42,8 2. The period of limitation under par. (a) subd. 1. is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) par. (c) 2. b. or 19.59 (8) (cm).

SB1-ASA3, s. 100 Section 100. 19.50 (title) of the statutes is repealed.

SB1-ASA3, s. 101 Section 101. 19.50 (intro.) and (1) to (3) of the statutes are renumbered 5.05 (2m) (f) (intro.) and 1. to 3. and amended to read:

SB1-ASA3,42,14 5.05 (2m) (f) (intro.) Pursuant to any investigation authorized under s. 19.49 (3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the board has the power:

SB1-ASA3,42,18 1. To require any person to submit in writing such reports and answers to questions relevant to the proceedings conducted under this subchapter or subch. III of ch. 13 as the board may prescribe, such submission to be made within such period and under oath or otherwise as the board may determine.

SB1-ASA3,42,22 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).

SB1-ASA3,43,2 3. To order testimony to be taken by deposition before any individual who is designated by the board and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by sub (2) subd. 2.

SB1-ASA3, s. 102 Section 102. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4. and 5.

SB1-ASA3, s. 103 Section 103. 19.51 (title) of the statutes is repealed.

SB1-ASA3, s. 104 Section 104. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 7. and amended to read:

SB1-ASA3,43,16 5.05 (2m) (c) 7. At the conclusion of its investigation, the board shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation of this subchapter or chs. 5 to 12, subch. III of ch. 13 or subch. III of ch. 19 has occurred. If the board determines that no probable cause exists, it shall immediately send written notice of such determination to the accused and to the party who made the complaint. If the board determines that there is probable cause for believing that a violation of this subchapter or subch. III of ch. 13 has been committed, its preliminary findings of fact and conclusions may contain:

SB1-ASA3, s. 105 Section 105. 19.51 (1) (a) and (b) of the statutes are repealed.

SB1-ASA3, s. 106 Section 106. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 8.

SB1-ASA3, s. 107 Section 107. 19.51 (3) of the statutes is repealed.

SB1-ASA3, s. 108 Section 108. 19.52 of the statutes is repealed.

SB1-ASA3, s. 109 Section 109. 19.53 (intro.) of the statutes is repealed.

SB1-ASA3, s. 110 Section 110. 19.53 (1) to (5) of the statutes are repealed.

SB1-ASA3, s. 111 Section 111. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended to read:

SB1-ASA3,44,18 19.579 (1) An order requiring the accused Except as provided in sub. (2) any person who violates this subchapter may be required to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) 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 court determines that the accused has realized economic gain as a result of the violation, the board court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board court determines that a state public official has violated s. 19.45 (13), the board court 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 court 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 court 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.

SB1-ASA3, s. 112 Section 112. 19.53 (7) and (8) of the statutes are repealed.

SB1-ASA3, s. 113 Section 113. 19.535 of the statutes is repealed.

SB1-ASA3, s. 114 Section 114. 19.54 of the statutes is repealed.

SB1-ASA3, s. 115 Section 115. 19.545 of the statutes is repealed.

SB1-ASA3, s. 116 Section 116. 19.55 (1) of the statutes is amended to read:

SB1-ASA3,45,9 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.

SB1-ASA3, s. 117 Section 117. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) and amended to read:

SB1-ASA3,45,22 5.05 (5s) (f) 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 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.

SB1-ASA3, s. 118 Section 118. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and amended to read:

SB1-ASA3,46,4 5.05 (5s) (intro.) Records obtained or prepared by the board in connection with an investigation, including the full text of any complaint received by the board, 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:

SB1-ASA3,46,9 (a) 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 or chs. 5 to 12, 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

SB1-ASA3,46,12 (b) 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.

SB1-ASA3,46,16 (c) 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).

SB1-ASA3, s. 119 Section 119. 19.55 (2) (c) of the statutes is amended to read:

SB1-ASA3,46,24 19.55 (2) (c) Statements of economic interests and reports of economic transactions which are filed with the ethics government accountability and integrity board by members or employees of the investment board, except that the ethics government accountability and integrity 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.

SB1-ASA3, s. 120 Section 120. 19.579 (title) of the statutes is amended to read:

SB1-ASA3,47,1 19.579 (title) Civil penalty penalties.

SB1-ASA3, s. 121 Section 121. 19.579 of the statutes is renumbered 19.579 (2).