AB1-ASA2, s. 85
21Section
85. 16.973 (6) of the statutes is amended to read:
AB1-ASA2,47,2522
16.973
(6) With the advice of the
ethics government accountability board, adopt
23and enforce standards of ethical conduct applicable to its paid consultants which are
24similar to the standards prescribed in subch. III of ch. 19, except that the department
25shall not require its paid consultants to file statements of economic interests.
AB1-ASA2,48,52
17.17
(1) Senators and members of congress. In the office of United States
3senator or member of congress from this state, by the county clerk of the county
4wherein such officer resided at the time of election, to the
elections government
5accountability board.
AB1-ASA2,48,97
17.17
(4) Justices and judges. In the office of justice of the supreme court, court
8of appeals judge
, or judge of a circuit court, by the director of state courts to the
9governor and the
elections government accountability board.
AB1-ASA2, s. 88
10Section
88. 19.42 (3) of the statutes is amended to read:
AB1-ASA2,48,1111
19.42
(3) "Board" means the
ethics
government accountability board.
AB1-ASA2, s. 90
13Section
90. 19.43 (4) of the statutes is amended to read:
AB1-ASA2,49,714
19.43
(4) A candidate for state public office shall file with the board a statement
15of economic interests meeting each of the requirements of s. 19.44 (1) no later than
164:30 p.m. on the 3rd day following the last day for filing nomination papers for the
17office which the candidate seeks, or no later than 4:30 p.m. on the next business day
18after the last day whenever that candidate is granted an extension of time for filing
19nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15
20(1)
, or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of
21nomination is mailed or personally delivered to the candidate by the municipal clerk
22in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m.
23on the 3rd day after notification of nomination is mailed or personally delivered to
24the candidate by the appropriate official or agency in the case of a write-in candidate
25or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a).
1The information contained on the statement shall be current as of December 31 of
2the year preceding the filing deadline. Before certifying the name of any candidate
3for state public office under s. 7.08 (2) (a), the
elections government accountability 4board, municipal clerk
, or board of election commissioners shall ascertain whether
5that candidate has complied with this subsection. If not, the
elections government
6accountability board, municipal clerk
, or board of election commissioners may not
7certify the candidate's name for ballot placement.
AB1-ASA2,49,199
19.43
(5) Each member of the investment board and each employee of the
10investment board who is a state public official shall complete and file with the
ethics 11government accountability board a quarterly report of economic transactions no
12later than the last day of the month following the end of each calendar quarter during
13any portion of which he or she was a member or employee of the investment board.
14Such reports of economic transactions shall be in the form prescribed by the
ethics 15government accountability board and shall identify the date and nature of any
16purchase, sale, put, call, option, lease, or creation, dissolution
, or modification of any
17economic interest made during the quarter for which the report is filed and
18disclosure of which would be required by s. 19.44 if a statement of economic interests
19were being filed.
AB1-ASA2, s. 92
20Section
92. 19.45 (6) of the statutes is amended to read:
AB1-ASA2,50,921
19.45
(6) No state public official, member of a state public official's immediate
22family, nor any organization with which the state public official or a member of the
23official's immediate family owns or controls at least 10% of the outstanding equity,
24voting rights, or outstanding indebtedness may enter into any contract or lease
25involving a payment or payments of more than $3,000 within a 12-month period, in
1whole or in part derived from state funds
, unless the state public official has first
2made written disclosure of the nature and extent of such relationship or interest to
3the board and to the department acting for the state in regard to such contract or
4lease. Any contract or lease entered into in violation of this subsection may be voided
5by the state in an action commenced within 3 years of the date on which the
ethics 6board, or the department or officer acting for the state in regard to the allocation of
7state funds from which such payment is derived, knew or should have known that
8a violation of this subsection had occurred. This subsection does not affect the
9application of s. 946.13.
AB1-ASA2, s. 93
10Section
93. 19.46 (1) (intro.) of the statutes is amended to read:
AB1-ASA2,50,1211
19.46
(1) (intro.) Except in accordance with the board's advice under
sub. (2) 12s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:
AB1-ASA2, s. 94
13Section
94. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
14read:
AB1-ASA2,52,815
5.05
(6a) Advisory opinions. Any individual, either personally or on behalf of
16an organization or governmental body, may
make a written or electronic request of
17the board
for an advisory opinion regarding the propriety
under chs. 5 to 12, subch.
18III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become
19a party; and any appointing officer, with the consent of a prospective appointee, may
20request of the board an advisory opinion regarding the propriety
under chs. 5 to 12,
21subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective
22appointee is or may become a party. The board shall review a request for an advisory
23opinion and may
advise issue a formal written or electronic advisory opinion to the
24person making the request.
Advisory opinions and requests therefor shall be in
25writing. The Except as authorized or required for opinions specified in sub. (5s) (f)
12., the board's deliberations and actions upon such requests shall be in meetings not
2open to the public.
It is prima facie evidence of intent to comply with this subchapter
3or subch. III of ch. 13 when a person refers a matter to the board and abides by the
4board's advisory opinion No person acting in good faith upon an advisory opinion
5issued by the board is subject to criminal or civil prosecution for so acting, if the
6material facts are as stated in the opinion request.
To have legal force and effect, each
7advisory opinion issued by the board must be supported by specific legal authority
8under a statute or other law, or by specific case or common law authority. Each
9advisory opinion shall include a citation to each statute or other law and each case
10or common law authority upon which the opinion is based, and shall specifically
11articulate or explain which parts of the cited authority are relevant to the board's
12conclusion and why they are relevant. The board may authorize
the executive
13director its legal counsel to
act in its stead in instances where delay is of substantial
14inconvenience or detriment to the requesting party. No issue an informal written
15advisory opinion or to transmit an informal advisory opinion electronically on behalf
16of the board, subject to such limitations as the board deems appropriate. Every
17informal advisory opinion shall be consistent with applicable formal advisory
18opinions issued by the board. If the board disagrees with an informal advisory
19opinion that has been issued on behalf of the board, the board may withdraw the
20opinion or issue a revised advisory opinion and no person acting after the date of the
21withdrawal or issuance of the revised advisory opinion is exempted from prosecution
22under this subsection if the opinion upon which the person's action is based has been
23withdrawn or revised in relevant degree. Except as authorized or required under
24sub. (5s) (f) 2., no member or employee of the board may make public the identity of
25the individual requesting
an a formal or informal advisory opinion or of individuals
1or organizations mentioned in the opinion.
Any person receiving a formal or informal
2advisory opinion under this subsection who disagrees with the opinion may request
3a public or private hearing before the board to discuss the opinion. The board shall
4grant a request for a public or private hearing under this subsection. After hearing
5the matter, the board may reconsider its opinion and may issue a revised opinion to
6the person. Promptly upon issuance of each formal advisory opinion that is not open
7to public access, the board shall publish a summary of the opinion that is consistent
8with applicable requirements under sub. (5s) (f).
AB1-ASA2, s. 95
9Section
95. 19.47 (title) of the statutes is repealed and recreated to read:
AB1-ASA2,52,10
1019.47 (title)
Statements of economic interests.
AB1-ASA2, s. 96
11Section
96. 19.47 (1) and (2) of the statutes are repealed.
AB1-ASA2, s. 97
12Section
97. 19.47 (3) of the statutes is renumbered 19.47.
AB1-ASA2, s. 99
14Section
99. 19.47 (5) of the statutes is renumbered 5.05 (5e) and amended to
15read:
AB1-ASA2,53,216
5.05
(5e) Biennial report. No later than September 1 of each year, the board
17shall submit a report concerning its actions in the preceding fiscal year to the
18governor and the chief clerk of each house of the legislature, for distribution to the
19legislature under s. 13.172 (2). Such The board shall include in its biennial report
20shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed
21by the board and a summary of its determinations and advisory opinions
. The issued
22under sub. (6a). Except as authorized or required under sub. (5s) (f) 2., the board
23shall make sufficient alterations in the summaries to prevent disclosing the
24identities of individuals or organizations involved in the decisions or opinions.
The
25board may also include in its biennial report any information compiled under s. 11.21
1(7). The board shall make such further reports on the matters within its jurisdiction
2and such recommendations for further legislation as it deems desirable.
AB1-ASA2, s. 100
3Section
100. 19.47 (6) of the statutes is renumbered 5.05 (5f).
AB1-ASA2, s. 103
6Section
103. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.
AB1-ASA2, s. 104
7Section
104. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and
8amended to read:
AB1-ASA2,53,139
5.05
(2m) (c) 3. Any person to whom
this subchapter or subch. III of ch. 13
or
10subch. III of ch. 19 may have application may request the board to make an
11investigation of his or her own conduct or of allegations made by other persons as to
12his or her conduct. Such a request shall be made in writing and shall set forth in
13detail the reasons therefor.
AB1-ASA2, s. 107
16Section
107. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended
17to read:
AB1-ASA2,53,2018
5.05
(2m) (g) 1. Except as provided in
par. (b) subd. 2., no action may be taken
19on any complaint that is filed later than 3 years after a violation of
this subchapter
20or subch. III of ch. 13
or subch. III of ch. 19 is alleged to have occurred.
AB1-ASA2,53,2321
2. The period of limitation under
par. (a) subd. 1. is tolled for a complaint
22alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
23a complaint may not be filed under
s. 19.49 (1m)
par. (c) 2. b. or
s. 19.59 (8) (cm).
AB1-ASA2, s. 109
1Section
109. 19.50 (intro.) and (1) of the statutes are renumbered 5.05 (2m)
2(f) (intro.) and 1. and amended to read:
AB1-ASA2,54,53
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under
s. 19.49
4(3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the
5board has the power:
AB1-ASA2,54,96
1. To require any person to submit in writing such reports and answers to
7questions relevant to the proceedings
conducted under this subchapter or subch. III
8of ch. 13 as the board may prescribe, such submission to be made within such period
9and under oath or otherwise as the board may determine.
AB1-ASA2, s. 111
11Section
111. 19.50 (3) of the statutes is renumbered 5.05 (2m) (f) 2. and
12amended to read:
AB1-ASA2,54,1613
5.05
(2m) (f) 2. To order testimony to be taken by deposition before any
14individual who is designated by the board and has the power to administer oaths,
15and, in such instances, to compel testimony and the production of evidence in the
16same manner as authorized by sub.
(2) (1) (b).
AB1-ASA2, s. 112
17Section
112. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4.
18and 5.
AB1-ASA2, s. 114
20Section
114. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 9. and
21amended to read:
AB1-ASA2,55,722
5.05
(2m) (c) 9. At the conclusion of its investigation, the board shall, in
23preliminary written findings of fact and conclusions based thereon, make a
24determination of whether or not probable cause exists to believe that a violation
of 25this subchapter or subch. III of ch. 13 under subd. 2. has occurred
or is occurring.
1If the board determines that no probable cause exists, it shall
dismiss the complaint.
2Whenever the board dismisses a complaint or a complaint is deemed to be dismissed
3under subd. 5., the board shall immediately send written notice of
such
4determination the dismissal to the accused and to the party who made the complaint.
5If the board determines that there is probable cause for believing that a violation of
6this subchapter or subch. III of ch. 13 has been committed, its preliminary findings
7of fact and conclusions may contain:
AB1-ASA2, s. 115
8Section
115. 19.51 (1) (a) and (b) of the statutes are repealed.
AB1-ASA2, s. 116
9Section
116. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 10.
AB1-ASA2, s. 121
14Section
121. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
15to read:
AB1-ASA2,56,816
19.579
(1) An order requiring the accused Except as provided in sub. (2), any
17person who violates this subchapter may be required to forfeit not more than $500
18for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
19violation of any other provision of this subchapter
, or not more than the applicable
20amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 21determines that the accused has realized economic gain as a result of the violation,
22the
board court may, in addition, order the accused to forfeit the amount gained as
23a result of the violation. In addition, if the
board
court determines that a state public
24official has violated s. 19.45 (13), the
board court may order the official to forfeit an
25amount equal to the amount or value of any political contribution, service, or other
1thing of value that was wrongfully obtained. If the
board court determines that a
2state public official has violated s. 19.45 (13) and no political contribution, service or
3other thing of value was obtained, the
board court may order the official to forfeit an
4amount equal to the maximum contribution authorized under s. 11.26 (1) for the
5office held or sought by the official, whichever amount is greater. The attorney
6general, when so requested by the board, shall institute proceedings to recover any
7forfeiture incurred under this section
or s. 19.545 which is not paid by the person
8against whom it is assessed.
AB1-ASA2,56,2414
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
15subchapter or subch. III of ch. 13 in the possession of the board are open to public
16inspection at all reasonable times. The board shall require an individual wishing to
17examine a statement of economic interests or the list of persons who inspect any
18statements which are in the board's possession to provide his or her full name and
19address, and if the individual is representing another person, the full name and
20address of the person which he or she represents. Such identification may be
21provided in writing or in person. The board shall record and retain for at least 3 years
22information obtained by it pursuant to this subsection. No individual may use a
23fictitious name or address or fail to identify a principal in making any request for
24inspection.
AB1-ASA2, s. 127
1Section
127. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) 1. and
2amended to read:
AB1-ASA2,57,103
5.05
(5s) (f) 1.
Records Except as authorized or required under subd. 2., records 4obtained in connection with a request for an advisory opinion
issued under s. 5.05
5(6a), other than summaries of advisory opinions that do not disclose the identity of
6individuals requesting such opinions or organizations on whose behalf they are
7requested
, are not subject to the right of inspection and copying under s. 19.35 (1).
8Except as authorized or required under subd. 2., the board shall make sufficient
9alterations in the summaries to prevent disclosing the identities of individuals or
10organizations involved in the opinions.
AB1-ASA2,57,13
112. a. The board may
, however, make
such records
under subd. 1. public with the
12consent of the individual requesting the advisory opinion or the organization or
13governmental body on whose behalf it is requested.
AB1-ASA2,57,18
14b. A person who makes or purports to make public the substance of or any
15portion of an advisory opinion requested by or on behalf of the person is deemed to
16have waived the confidentiality of the request for an advisory opinion and of any
17records obtained or prepared by the board in connection with the request for an
18advisory opinion.
AB1-ASA2, s. 128
19Section
128. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
20amended to read:
AB1-ASA2,57,2421
5.05
(5s) (intro.) Records obtained or prepared by the board in connection with
22an investigation
, including the full text of any complaint received by the board, are
23not subject to the right of inspection and copying under s. 19.35 (1), except
as
24provided in pars. (d) and (e) and except that
the
:
AB1-ASA2,58,5
1(a) The board shall permit inspection of records that are
made public 2distributed or discussed in the course of a
meeting or hearing by the board
to
3determine if a violation of this subchapter or subch. III of ch. 13 has occurred. 4Whenever the board refers such investigation and hearing records to a district
5attorney or to the attorney general, they in open session.
AB1-ASA2,58,8
6(b) Investigatory records of the board may be made public in the course of a
7prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
8III of ch. 19.
AB1-ASA2,58,12
9(c) The board shall
also provide information from investigation and hearing
10records that pertains to the location of individuals and assets of individuals as
11requested under s. 49.22 (2m) by the department of workforce development or by a
12county child support agency under s. 59.53 (5).
AB1-ASA2, s. 129
13Section
129. 19.55 (2) (c) of the statutes is amended to read:
AB1-ASA2,58,2014
19.55
(2) (c) Statements of economic interests and reports of economic
15transactions which are filed with the
ethics government accountability board by
16members or employees of the investment board, except that the
ethics government
17accountability board shall refer statements and reports filed by such individuals to
18the legislative audit bureau for its review, and except that a statement of economic
19interests filed by a member or employee of the investment board who is also an
20official required to file shall be open to public inspection.
AB1-ASA2, s. 130
21Section
130. 19.579 (title) of the statutes is amended to read:
AB1-ASA2,58,22
2219.579 (title)
Civil penalty penalties.
AB1-ASA2, s. 131
23Section
131. 19.579 of the statutes is renumbered 19.579 (2).
AB1-ASA2, s. 132
24Section
132. 19.59 (1) (g) 8. of the statutes is amended to read:
AB1-ASA2,59,13
119.59
(1) (g) 8. No district board member, member of a district board member's
2immediate family, nor any organization with which the district board member or a
3member of the district board member's immediate family owns or controls at least
410% of the outstanding equity, voting rights, or outstanding indebtedness may enter
5into any contract or lease involving a payment or payments of more than $3,000
6within a 12-month period, in whole or in part derived from district funds unless the
7district board member has first made written disclosure of the nature and extent of
8such relationship or interest to the
ethics government accountability board and to
9the district. Any contract or lease entered into in violation of this subdivision may
10be voided by the district in an action commenced within 3 years of the date on which
11the
ethics government accountability board, or the district, knew or should have
12known that a violation of this subdivision had occurred. This subdivision does not
13affect the application of s. 946.13.
AB1-ASA2, s. 133
14Section
133. 19.85 (1) (h) of the statutes is amended to read:
AB1-ASA2,59,1715
19.85
(1) (h) Consideration of requests for confidential written advice from the
16ethics government accountability board under s.
19.46 (2) 5.05 (6a), or from any
17county or municipal ethics board under s. 19.59 (5).
AB1-ASA2,60,2
1919.851 Closed sessions by government accountability board. The
20government accountability board shall hold each meeting of the board for the
21purpose of deliberating concerning an investigation of any violation of the law under
22the jurisdiction of the ethics and accountability division of the board in closed session
23under this section. Prior to convening under this section, the government
24accountability board shall vote to convene in closed session in the manner provided
25in s. 19.85 (1). No business may be conducted by the government accountability
1board at any closed session under this section except that which relates to the
2purposes of the session as authorized in this section or as authorized in s. 19.85 (1).
AB1-ASA2, s. 135
3Section
135. 20.005 (3) (schedule) of the statutes: at the appropriate place,
4insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB1-ASA2, s. 137
7Section
137. 20.455 (1) (b) of the statutes is amended to read:
AB1-ASA2,60,108
20.455
(1) (b)
Special counsel. A sum sufficient, subject to the
procedure 9procedures established in
s. ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation
10of special counsel appointed as provided in ss.
5.05 (2m) (c) and 14.11 (2) and 21.13.