19.45 Annotation
Sub. (12) is an unconstitutional infringement on free speech. Barnett v. State Ethics Board,
817 F. Supp. 67 (1993).
19.451
19.451
Discounts at certain stadiums. No person serving in a national, state or local office, as defined in
s. 5.02, may accept any discount on the price of admission or parking charged to members of the general public, including any discount on the use of a sky box or private luxury box, at a stadium that is exempt from general property taxes under
s. 70.11 (36).
19.451 History
History: 1991 a. 37.
19.46
19.46
Conflict of interest prohibited; exception. 19.46(1)(1) Except in accordance with the board's advice under
s. 5.05 (6a) and except as otherwise provided in
sub. (3), no state public official may:
19.46(1)(a)
(a) Take any official action substantially affecting a matter in which the official, a member of his or her immediate family, or an organization with which the official is associated has a substantial financial interest.
19.46(1)(b)
(b) Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the official, one or more members of the official's immediate family either separately or together, or an organization with which the official is associated.
19.46(3)
(3) This section does not prohibit a state public official from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses, or prohibit a state public official from taking official action with respect to any proposal to modify state law or the state administrative code.
19.47
19.47
Statements of economic interests. All members and employees of the board shall file statements of economic interests with the board.
19.48
19.48
Duties of the board. The board shall:
19.48(1)
(1) Promulgate rules necessary to carry out this subchapter and
subch. III of ch. 13. The board shall give prompt notice of the contents of its rules to state public officials who will be affected thereby.
19.48(2)
(2) Prescribe and make available forms for use under this subchapter and
subch. III of ch. 13, including the forms specified in
s. 13.685 (1).
19.48(3)
(3) Accept and file any information related to the purposes of this subchapter or
subch. III of ch. 13 which is voluntarily supplied by any person in addition to the information required by this subchapter.
19.48(4)
(4) Preserve the statements of economic interests filed with it for a period of 6 years from the date of receipt in such form, including microfilming, optical imaging or electronic formatting, as will facilitate document retention, except that:
19.48(4)(a)
(a) Upon the expiration of 3 years after an individual ceases to be a state public official the board shall, unless the former state public official otherwise requests, destroy any statement of economic interests filed by him or her and any copies thereof in its possession.
19.48(4)(b)
(b) Upon the expiration of 3 years after any election at which a candidate for state public office was not elected, the board shall destroy any statements of economic interests filed by him or her as a candidate for state public office and any copies thereof in the board's possession, unless the individual continues to hold another position for which he or she is required to file a statement, or unless the individual otherwise requests.
19.48(4)(c)
(c) Upon the expiration of 3 years from the action of the senate upon a nomination for state public office at which the senate refused to consent to the appointment of the nominee, the board shall destroy any statements of economic interests filed by him or her as a nominee and any copies thereof in the board's possession, unless the individual continues to hold another position for which he or she is required to file a statement, or unless the nominee otherwise requests. This paragraph does not apply to any individual who is appointed to state public office under
s. 17.20 (2).
19.48(5)
(5) Except as provided in
s. 19.55 (2) (c), make statements of economic interests filed with the board available for public inspection and copying during regular office hours and make copying facilities available at a charge not to exceed actual cost.
19.48(6)
(6) Compile and maintain an index to all the statements of economic interests currently on file with the board to facilitate public access to such statements of economic interests.
19.48(7)
(7) Prepare and publish special reports and technical studies to further the purposes of this subchapter and
subch. III of ch. 13.
19.48(8)
(8) Report the full name and address of any individual and the full name and address of any person represented by an individual seeking to copy or obtain information from a statement of economic interests in writing to the individual who filed it, as soon as possible.
19.48(9)
(9) Administer programs to explain and interpret this subchapter and
subch. III of ch. 13 for state public officials, and for elective state officials, candidates for state public office, legislative officials, agency officials, lobbyists, as defined in
s. 13.62, local public officials, corporation counsels and attorneys for local governmental units. The programs shall provide advice regarding appropriate ethical and lobbying practices, with special emphasis on public interest lobbying. The board may delegate creation and implementation of any such program to a group representing the public interest. The board may charge a fee to participants in any such program.
19.48(10)
(10) Compile and make available information filed with the board in ways designed to facilitate access to the information. The board may charge a fee to a person requesting information for compiling, disseminating or making available such information, except that the board shall not charge a fee for inspection at the board's office of any record otherwise open to public inspection under
s. 19.35 (1).
19.48(11)
(11) Maintain an Internet site on which the information required to be posted by agencies under
s. 16.753 (4) can be posted and accessed. The information on the site shall be accessible directly or by linkage from a single page on the Internet.
19.48 Cross-reference
Cross-reference: See also
GAB, Wis. adm. code.
19.55
19.55
Public inspection of records. 19.55(1)
(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.
19.55(2)
(2) The following records in the board's possession are not open for public inspection:
19.55(2)(c)
(c) Statements of economic interests and reports of economic transactions which are filed with the government accountability board by members or employees of the investment board, except that the government accountability 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.
19.55(2)(d)
(d) Records of the social security number of any individual who files an application for licensure as a lobbyist under
s. 13.63 or who registers as a principal under
s. 13.64, except to the department of children and families for purposes of administration of
s. 49.22, to the department of revenue for purposes of administration of
s. 73.0301, and to the department of workforce development for purposes of administration of
s. 108.227.
19.55 Annotation
The extent of confidentiality of investment board nominees' statements of economic interests rests in the sound discretion of the senate committee to which the nomination is referred. 68 Atty. Gen. 378.
19.56
19.56
Honorariums, fees and expenses. 19.56(1)
(1) Every state 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.
19.56(2)(a)(a) Except as provided in
par. (b), every official required to file who receives for a published work or for the presentation of a talk or participation in a meeting, any lodging, transportation, money or other thing with a combined pecuniary value exceeding $50 excluding the value of food or beverage offered coincidentally with a talk or meeting shall, on his or her statement of economic interests, report the identity of every person from whom the official receives such lodging, transportation, money or other thing during his or her preceding taxable year, the circumstances under which it was received and the approximate value thereof.
19.56(2)(b)
(b) An official need not report on his or her statement of economic interests under
par. (a) information pertaining to any lodging, transportation, money or other thing of pecuniary value which:
19.56(2)(b)1.
1. The official returns to the payor within 30 days of receipt;
19.56(2)(b)2.
2. Is paid to the official by a person identified on the official's statement of economic interests under
s. 19.44 (1) (e) or
(f) as a source of income;
19.56(2)(b)3.
3. The official can show by clear and convincing evidence was unrelated to and did not arise from the recipient's holding or having held a public office and was made for a purpose unrelated to the purposes specified in
sub. (1);
19.56(2)(b)4.
4. The official has previously reported to the board as a matter of public record;
19.56(2)(b)5.
5. Is paid by the department or municipality of which the official's state 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
19.56(2)(b)6.
6. Is made available to the official by the Wisconsin Economic Development Corporation or the department of tourism in accordance with
sub. (3) (e),
(em) or
(f).
19.56(3)(a)
(a) A state 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.
19.56(3)(b)
(b) A state 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 not generally available to all citizens of this state 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).
19.56(3)(c)
(c) A state public official may receive and retain from the state 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 and primarily for the benefit of the state and not primarily for the private benefit of the official or any other person.
19.56(3)(d)
(d) A state 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.
19.56(3)(e)
(e) A state public official who is an officer or employee of the Wisconsin Economic Development Corporation may solicit, receive and retain on behalf of the state anything of value for the purpose of any of the following:
19.56(3)(e)1.
1. The sponsorship by the Wisconsin Economic Development Corporation of a trip to a foreign country primarily to promote trade between that country and this state that the Wisconsin Economic Development Corporation can demonstrate through clear and convincing evidence is primarily for the benefit of this state.
19.56(3)(e)2.
2. Hosting individuals in order to promote business, economic development, tourism or conferences sponsored by multistate, national or international associations of governments or governmental officials.
19.56(3)(em)
(em) A state public official who is an officer or employee of the department of tourism may solicit, receive and retain on behalf of the state anything of value for the purpose of hosting individuals in order to promote tourism.
19.56(3)(f)
(f) A state public official may receive and retain from the Wisconsin Economic Development Corporation anything of value which the Wisconsin Economic Development Corporation is authorized to provide under
par. (e) and may receive and retain from the department of tourism anything of value which the department of tourism is authorized to provide under
par. (em).
19.56(4)
(4) If a state 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 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 to a charitable organization other than one with which he or she is associated.
19.56 Annotation
The interaction of s. 19.56 with the prohibition against furnishing anything of pecuniary value to state officials under s. 13.625 is discussed.
80 Atty. Gen. 205.
19.57
19.57
Conferences, visits and economic development activities. The Wisconsin Economic Development Corporation shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation during the preceding calendar year for a purpose specified in
s. 19.56 (3) (e), and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
19.575
19.575
Tourism activities. The department of tourism shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the department of tourism during the preceding calendar year for a purpose specified in
s. 19.56 (3) (em) and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
19.575 History
History: 1995 a. 27.
19.579
19.579
Civil penalties. 19.579(1)(1) 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. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the court determines that a state public official has violated
s. 19.45 (13), the 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 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 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 which is not paid by the person against whom it is assessed.
19.579(2)
(2) Any person who violates
s. 19.45 (13) may be required to forfeit not more than $5,000.
19.579 History
History: 2003 a. 39;
2007 a. 1 ss.
121,
130,
131.
19.58
19.58
Criminal penalties. 19.58(1)(a)(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.
19.58(2)
(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 to discipline its state public officials or employees.
19.58(3)
(3) In this section "intentionally" has the meaning given under
s. 939.23.
19.58 History
History: 1973 c. 90; Stats. 1973 s. 11.10;
1973 c. 334 ss.
33,
57,
58; Stats. 1973 s. 19.50;
1975 c. 200;
1977 c. 277 ss.
34,
37; Stats. 1977 s. 19.58;
2003 a. 39.
19.59
19.59
Codes of ethics for local government officials, employees and candidates. 19.59(1)(a)(a) No local public official may use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. A violation of this paragraph includes the acceptance of free or discounted admissions to a professional baseball or football game by a member of the district board of a local professional baseball park district created under
subch. III of ch. 229 or a local professional football stadium district created under
subch. IV of ch. 229. This paragraph does not prohibit a local public official from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by
ch. 11.
19.59(1)(b)
(b) No person may offer or give to a local public official, directly or indirectly, and no local public official may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the local public official's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the local public official. This paragraph does not prohibit a local public official from engaging in outside employment.
19.59(1)(br)
(br) No local public official or candidate for local public office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any person who is subject to a registration requirement under
s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.
19.59(1)(c)
(c) Except as otherwise provided in
par. (d), no local public official may:
19.59(1)(c)1.
1. Take any official action substantially affecting a matter in which the official, a member of his or her immediate family, or an organization with which the official is associated has a substantial financial interest.
19.59(1)(c)2.
2. Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the official, one or more members of the official's immediate family either separately or together, or an organization with which the official is associated.
19.59(1)(d)
(d) Paragraph (c) does not prohibit a local public official from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses, or prohibit a local public official from taking official action with respect to any proposal to modify a county or municipal ordinance.
19.59(1)(f)
(f) Paragraphs (a) to
(c) 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.
19.59(1)(g)1.a.
a. "District" means a local professional baseball park district created under
subch. III of ch. 229 or a local professional football stadium district created under
subch. IV of ch. 229.
19.59(1)(g)1.b.
b. "District board member" means a member of the district board of a district.
19.59(1)(g)2.
2. No district board member may accept or retain any transportation, lodging, meals, food or beverage, or reimbursement therefor, except in accordance with this paragraph.
