Amendment ASA4-SB1

SB1-ASA4, s. 144 Section 144. 19.55 (2) (c) of the statutes is amended to read:

SB1-ASA4,56,20 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-ASA4, s. 145 Section 145. 19.56 (1) of the statutes is amended to read:

SB1-ASA4,57,2 19.56 (1) Every state and local public official is encouraged to meet with clubs, conventions, special interest groups, political groups, school groups and other gatherings to discuss and to interpret legislative, administrative, executive or judicial processes and proposals and issues initiated by or affecting a department or, the judicial branch, or any local governmental unit.

SB1-ASA4, s. 146 Section 146. 19.56 (2) (b) 5. of the statutes is amended to read:

SB1-ASA4,57,8 19.56 (2) (b) 5. Is paid by the department or municipality local governmental unit of which the official's state or local public office is a part, or, in the case of a district attorney, is paid by that department or a county which the district attorney serves, or, in the case of a justice or judge of a court of record, is paid from the appropriations for operation of the state court system; or

SB1-ASA4, s. 147 Section 147. 19.56 (3) (a) of the statutes is amended to read:

SB1-ASA4,57,15 19.56 (3) (a) A state or local public official may receive and retain reimbursement or payment of actual and reasonable expenses and an elected official may retain reasonable compensation, for a published work or for the presentation of a talk or participation in a meeting related to a topic specified in sub. (1) if the payment or reimbursement is paid or arranged by the organizer of the event or the publisher of the work.

SB1-ASA4, s. 148 Section 148. 19.56 (3) (b) of the statutes is amended to read:

SB1-ASA4,57,25 19.56 (3) (b) A state or local public official may receive and retain anything of value if the activity or occasion for which it is given is unrelated to the official's use of the state's time, facilities, services or supplies of the state or the local governmental unit served by the official that are not generally available to all citizens of this state or residents of the local governmental unit served by the official and the official can show by clear and convincing evidence that the payment or reimbursement was unrelated to and did not arise from the recipient's holding or having held a public office and was paid for a purpose unrelated to the purposes specified in sub. (1).

SB1-ASA4, s. 149 Section 149. 19.56 (3) (c) of the statutes is amended to read:

SB1-ASA4,58,10 19.56 (3) (c) A state public official may receive and retain from the state, and a local public official may receive and retain from the local governmental unit served by the official on behalf of that unit, or on behalf of the state transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of actual and reasonable costs that the official can show by clear and convincing evidence were incurred or received on behalf of the state of Wisconsin or the local governmental unit served by the official and primarily for the benefit of the state or the local governmental unit and not primarily for the private benefit of the official or any other person.

SB1-ASA4, s. 150 Section 150. 19.56 (3) (d) of the statutes is amended to read:

SB1-ASA4,58,15 19.56 (3) (d) A state or local public official may receive and retain from a political committee under ch. 11 transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of costs permitted and reported in accordance with ch. 11.

SB1-ASA4, s. 151 Section 151. 19.56 (4) of the statutes is amended to read:

SB1-ASA4,58,25 19.56 (4) If a state or local public official receives a payment not authorized by this subchapter, in cash or otherwise, for a published work or a talk or meeting, the official may not retain it. If practicable, the official shall deposit it with the department or municipality with which he or she is associated the local governmental unit served by the official or, in the case of a justice or judge of a court of record, with the director of state courts. If that is not practicable, the official shall return it or its equivalent to the payor or convey it to the state or the local governmental unit served by the official or to a charitable organization other than one with which he or she is associated.

SB1-ASA4, s. 152 Section 152. 19.579 (title) of the statutes is amended to read:

SB1-ASA4,59,2 19.579 (title) Civil penalty penalties.

SB1-ASA4, s. 153 Section 153. 19.579 of the statutes is renumbered 19.579 (2).

SB1-ASA4, s. 154 Section 154. 19.58 (1) of the statutes is amended to read:

SB1-ASA4,59,8 19.58 (1) (a) Any person who intentionally violates any provision of this subchapter except s. 19.45 (13) 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.

SB1-ASA4,59,10 (b) Any person who intentionally violates s. 19.45 (13) or 19.59 (1) (br) is guilty of a Class I felony.

SB1-ASA4, s. 155 Section 155. 19.58 (2) of the statutes is amended to read:

SB1-ASA4,59,15 19.58 (2) The penalties under sub. (1) do not limit the power of either house of the legislature to discipline its own members or to impeach a public official, or limit the power of a department or a local governmental unit to discipline its state or local public officials or employees.

SB1-ASA4, s. 156 Section 156. 19.59 (title) of the statutes is amended to read:

SB1-ASA4,59,18 19.59 (title) Codes of ethics for local Local government officials, employees and candidates.

SB1-ASA4, s. 157 Section 157. 19.59 (1) (a) to (d) of the statutes are repealed.

SB1-ASA4, s. 158 Section 158. 19.59 (1) (f) of the statutes is renumbered 19.461 and amended to read:

SB1-ASA4,60,4 19.461 Nonapplication to members of certain local committees. Paragraphs (a) to (c) Sections 19.45 (2), (3), and (13) and 19.46 (1) do not apply to the members of a local committee appointed under s. 289.33 (7) (a) to negotiate with the owner or operator of, or applicant for a license to operate, a solid waste disposal or hazardous waste facility under s. 289.33, with respect to any matter contained or proposed to be contained in a written agreement between a municipality and the owner, operator or applicant or in an arbitration award or proposed award that is applicable to those parties.

SB1-ASA4, s. 159 Section 159. 19.59 (1) (f) of the statutes is renumbered 19.461 and amended to read:

SB1-ASA4,60,14 19.461 Nonapplication to members of certain local committees. Paragraphs (a) to (c) Sections 19.45 (2), (3), and (13) and 19.46 (1) do not apply to the members of a local committee appointed under s. 289.33 (7) (a) to negotiate with the owner or operator of, or applicant for a license to operate, a solid waste disposal or hazardous waste facility under s. 289.33, with respect to any matter contained or proposed to be contained in a written agreement between a municipality and the owner, operator or applicant or in an arbitration award or proposed award that is applicable to those parties.

SB1-ASA4, s. 160 Section 160. 19.59 (1) (g) of the statutes is repealed.

SB1-ASA4, s. 161 Section 161. 19.59 (1) (g) 8. of the statutes is amended to read:

SB1-ASA4,61,4 19.59 (1) (g) 8. No district board member, member of a district board member's immediate family, nor any organization with which the district board member or a member of the district board member'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 district funds unless the district board member has first made written disclosure of the nature and extent of such relationship or interest to the ethics government accountability and integrity board and to the district. Any contract or lease entered into in violation of this subdivision may be voided by the district in an action commenced within 3 years of the date on which the ethics government accountability and integrity board, or the district, knew or should have known that a violation of this subdivision had occurred. This subdivision does not affect the application of s. 946.13.

SB1-ASA4, s. 162 Section 162. 19.59 (1m) of the statutes is amended to read:

SB1-ASA4,61,9 19.59 (1m) In addition to the requirements of sub. (1) 19.45 and 19.46 (1), any county, city, village or town may enact an ordinance establishing a code of ethics for public officials and employees of the county or municipality and candidates for county or municipal elective offices.

SB1-ASA4, s. 163 Section 163. 19.59 (3) (a) of the statutes is amended to read:

SB1-ASA4,61,13 19.59 (3) (a) A requirement for local public officials, other employees of the county or municipality other than local public officials and candidates for local public office to identify any of the economic interests specified in s. 19.44.

SB1-ASA4, s. 164 Section 164. 19.59 (3) (e) of the statutes is amended to read:

SB1-ASA4,61,19 19.59 (3) (e) Provisions in addition to those prescribed in ss. 19.45 and 19.46 (1), whenever applicable, prescribing ethical standards of conduct and prohibiting conflicts of interest on the part of local public officials and other employees of the county or municipality or on the part of former local public officials or former employees of the county or municipality.

SB1-ASA4, s. 165 Section 165. 19.59 (5) (a) of the statutes is amended to read:

SB1-ASA4,62,20 19.59 (5) (a) Any individual, either personally or on behalf of an organization or governmental body, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit, an advisory opinion regarding the propriety of any matter to which the person is or may become a party with respect to the application or interpretation of any ordinance enacted under this section. Any appointing officer, with the consent of a prospective appointee, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit an advisory opinion regarding the propriety under an ordinance enacted under this section of any matter to which the prospective appointee is or may become a party. The county or municipal ethics board or the county corporation counsel or attorney 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. It is prima facie evidence of intent to comply with this section or any ordinance enacted under this section when a person refers a matter to a county or municipal ethics board or a county corporation counsel or attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. A county or municipal ethics board may authorize a county corporation counsel or attorney to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. Except as provided in par. (b), neither a county corporation counsel or attorney for a local governmental unit nor a member or agent of a county or municipal ethics board may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

SB1-ASA4, s. 166 Section 166. 19.59 (6) of the statutes is repealed.

SB1-ASA4, s. 167 Section 167. 19.59 (7) of the statutes is amended to read:

SB1-ASA4,63,3 19.59 (7) (a) Any person local public official who violates sub. (1) this subchapter may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br) s. 19.45 (13), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

SB1-ASA4,63,10 (b) Any person local public official who violates sub. (1) this subchapter may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused 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.

SB1-ASA4, s. 168 Section 168. 19.59 (8) (a) and (b) of the statutes are amended to read:

SB1-ASA4,63,15 19.59 (8) (a) Subsection (1) Violations of this subchapter by a local public official shall be enforced prosecuted in the name and on behalf of the state by action of the district attorney of any county wherein a violation may occur board, upon the verified complaint of any person.

SB1-ASA4,63,21 (b) In addition and supplementary to the remedy provided in sub. (7) for violation of this subchapter by any local public official, the district attorney board may commence an action, separately or in conjunction with an action brought to obtain the remedy provided in sub. (7), to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.

SB1-ASA4, s. 169 Section 169. 19.59 (8) (c) of the statutes is repealed.

SB1-ASA4, s. 170 Section 170. 19.59 (8) (cm), (cn) and (d) of the statutes are repealed.

SB1-ASA4, s. 171 Section 171. 19.85 (1) (fm) of the statutes is created to read:

SB1-ASA4,64,2 19.85 (1) (fm) Deliberating by the government accountability and integrity board concerning any investigation under the board's jurisdiction.

SB1-ASA4, s. 172 Section 172. 19.85 (1) (h) of the statutes is amended to read:

SB1-ASA4,64,6 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics government accountability and integrity board under s. 19.46 (2) 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

SB1-ASA4, s. 173 Section 173. 20.510 (intro.) of the statutes is repealed.

SB1-ASA4, s. 174 Section 174. 20.510 (1) (title) of the statutes is repealed.

SB1-ASA4, s. 175 Section 175. 20.510 (1) (a) of the statutes is repealed.

SB1-ASA4, s. 176 Section 176. 20.510 (1) (bm) of the statutes is repealed.

SB1-ASA4, s. 177 Section 177. 20.510 (1) (c) of the statutes is repealed.

SB1-ASA4, s. 178 Section 178. 20.510 (1) (d) of the statutes is repealed.

SB1-ASA4, s. 179 Section 179. 20.510 (1) (g) of the statutes is repealed.

SB1-ASA4, s. 180 Section 180. 20.510 (1) (h) of the statutes is repealed.

SB1-ASA4, s. 181 Section 181. 20.510 (1) (i) of the statutes is repealed.

SB1-ASA4, s. 182 Section 182. 20.510 (1) (j) of the statutes is repealed.

SB1-ASA4, s. 183 Section 183. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB1-ASA4, s. 184 Section 184. 20.510 (1) (t) of the statutes is repealed.

SB1-ASA4, s. 185 Section 185. 20.510 (1) (x) of the statutes is repealed.

SB1-ASA4, s. 186 Section 186. 20.521 (intro.) of the statutes is repealed.

SB1-ASA4, s. 187 Section 187. 20.521 (1) (title) of the statutes is repealed.

SB1-ASA4, s. 188 Section 188. 20.521 (1) (a) of the statutes is repealed.

SB1-ASA4, s. 189 Section 189. 20.521 (1) (b) of the statutes is repealed.

SB1-ASA4, s. 190 Section 190. 20.521 (1) (g) of the statutes is repealed.

SB1-ASA4, s. 191 Section 191. 20.521 (1) (h) of the statutes is repealed.

SB1-ASA4, s. 192 Section 192. 20.521 (1) (i) of the statutes is repealed.

SB1-ASA4, s. 193 Section 193. 20.923 (4) (intro.) of the statutes is amended to read:

SB1-ASA4,66,2 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations, the administrator of the enforcement division in the government accountability and integrity board, and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i). Except for positions specified in par. pars. (c) 3m. and (e) 2e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

SB1-ASA4, s. 194 Section 194. 20.923 (4) (d) 3. of the statutes is repealed.

SB1-ASA4, s. 195 Section 195. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-ASA4, s. 196 Section 196. 20.923 (4) (e) 2e. of the statutes is created to read:

SB1-ASA4,66,7 20.923 (4) (e) 2e. Government accountability and integrity board: administrator of the enforcement division.

SB1-ASA4, s. 197 Section 197. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-ASA4,66,10 20.923 (4) (f) 3j. Government accountability and integrity board: executive director.

SB1-ASA4, s. 198 Section 198. 20.930 of the statutes is amended to read:

SB1-ASA4,66,14 20.930 Attorney fees. Except as provided in ss. 5.05 (2m) (c) 7., 46.27 (7g) (h), 49.496 (3) (f) and 49.682 (6), no state agency in the executive branch may employ any attorney until such employment has been approved by the governor.

SB1-ASA4, s. 199 Section 199. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-ASA4,67,10 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

SB1-ASA4, s. 200 Section 200. 67.05 (3) (b) of the statutes is amended to read:

SB1-ASA4,67,19 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the elections government accountability and integrity board under ss. 5.64 (2) and 7.08 (1) (a).