AB1187-ASA1,36,2118
16.96
(3) (b) Maintain and keep current throughout the decade the maps of
19congressional and legislative district boundaries received from the legislative
20reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the
elections 21government accountability board.
AB1187-ASA1,37,223
16.973
(6) With the advice of the
ethics government accountability board, adopt
24and enforce standards of ethical conduct applicable to its paid consultants which are
1similar to the standards prescribed in subch. III of ch. 19, except that the department
2shall not require its paid consultants to file statements of economic interests.
AB1187-ASA1,37,114
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 board may be removed from office only by the
11executive director of the board, for cause.
AB1187-ASA1,37,1613
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 board.
AB1187-ASA1,37,2018
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 board.
AB1187-ASA1,37,2222
19.42
(3) "Board" means the
ethics
government accountability board.
AB1187-ASA1,38,19
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 16board, municipal clerk
, or board of election commissioners shall ascertain whether
17that candidate has complied with this subsection. If not, the
elections government
18accountability board, municipal clerk
, or board of election commissioners may not
19certify the candidate's name for ballot placement.
AB1187-ASA1,39,621
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 board a quarterly report of economic transactions no
24later than the last day of the month following the end of each calendar quarter during
25any portion of which he or she was a member or employee of the investment board.
1Such reports of economic transactions shall be in the form prescribed by the
ethics 2government accountability board and shall identify the date and nature of any
3purchase, sale, put, call, option, lease, or creation, dissolution
, or modification of any
4economic interest made during the quarter for which the report is filed and
5disclosure of which would be required by s. 19.44 if a statement of economic interests
6were being filed.
AB1187-ASA1,39,218
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.
AB1187-ASA1,39,2523
19.46
(1) (intro.) Except in accordance with the
board's advice
under sub. (2) 24of the executive director of the board under s. 5.05 (6a) and except as otherwise
25provided in sub. (3), no state public official may:
AB1187-ASA1, s. 82
1Section
82. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
2read:
AB1187-ASA1,40,243
5.05
(6a) Any individual, either personally or on behalf of an organization or
4governmental body, may request of the
board executive director of the board an
5advisory opinion regarding the propriety
under chs. 5 to 12, subch. III of ch. 13, or
6subch. III of ch. 19 of any matter to which the person is or may become a party; and
7any appointing officer, with the consent of a prospective appointee, may request of
8the
board executive director an advisory opinion regarding the propriety
under chs.
95 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the
10prospective appointee is or may become a party. The
board executive director shall
11review a request for an advisory opinion and may advise the person making the
12request. Advisory opinions and requests therefor shall be in writing.
The board's
13deliberations and actions upon The executive director may consult with the board
14before issuing a formal opinion but shall not reveal any information to the board that
15would identify the requester of the opinion. All consultations with the board
16concerning such requests shall be in meetings not open to the public. It is prima facie
17evidence of intent to comply with
this subchapter
chs. 5 to 12 or subch. III of ch. 13
18or subch. III of ch. 19 when a person refers a matter to the
board executive director 19and abides by the
board's executive director's advisory opinion, if the material facts
20are as stated in the opinion request.
The board may authorize the executive director
21to act in its stead in instances where delay is of substantial inconvenience or
22detriment to the requesting party. No member or employee of the board may make
23public the identity of the individual requesting an advisory opinion or of individuals
24or organizations mentioned in the opinion.
AB1187-ASA1,41,143
19.47
(5) No later than September 1 of each year, the board shall submit a
4report concerning its actions in the preceding fiscal year to the governor and the chief
5clerk of each house of the legislature, for distribution to the legislature under s.
613.172 (2). Such The board shall include in its biennial report
shall contain under
7s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
8summary of its determinations and advisory opinions
issued by the executive
9director under s. 5.05 (6a). The board shall make sufficient alterations in the
10summaries to prevent disclosing the identities of individuals or organizations
11involved in the decisions or opinions.
The board may also include in its biennial
12report any information compiled under s. 11.21 (7). The board shall make such
13further reports on the matters within its jurisdiction and such recommendations for
14further legislation as it deems desirable.
AB1187-ASA1,41,2016
19.50
(2) To administer oaths and to require by subpoena issued by it the
17attendance and testimony of witnesses and the production of any documentary
18evidence relating to the investigation or hearing being conducted.
Notwithstanding
19s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance
20with s. 19.47 (4).
AB1187-ASA1,42,322
19.54
(2) An application for rehearing is governed by such general rules as the
23board may establish. Only one rehearing may be granted by the board. No order of
24the board
pursuant to this subchapter or subch. III of ch.13 becomes effective until
2520 days after it is issued, or while an application for rehearing or a rehearing is
1pending, or until 10 days after such application for rehearing is either denied,
2expressly or by implication, or the board has announced its final determination on
3rehearing.
AB1187-ASA1,42,155
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
6subchapter or subch. III of ch. 13 in the possession of the board are open to public
7inspection at all reasonable times. The board shall require an individual wishing to
8examine a statement of economic interests or the list of persons who inspect any
9statements which are in the board's possession to provide his or her full name and
10address, and if the individual is representing another person, the full name and
11address of the person which he or she represents. Such identification may be
12provided in writing or in person. The board shall record and retain for at least 3 years
13information obtained by it pursuant to this subsection. No individual may use a
14fictitious name or address or fail to identify a principal in making any request for
15inspection.
AB1187-ASA1, s. 89
16Section
89. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and
17amended to read:
AB1187-ASA1,43,318
5.05
(5s) (b) Records obtained in connection with a request for an advisory
19opinion
issued under s. 5.05 (6a), other than summaries of advisory opinions that do
20not disclose the identity of individuals requesting such opinions or organizations on
21whose behalf they are requested
, are not subject to the right of inspection and
22copying under s. 19.35 (1). The
executive director of the board may, however, make
23such records public with the consent of the individual requesting the advisory
24opinion or the organization or governmental body on whose behalf it is requested.
25A person who makes or purports to make public the substance of or any portion of
1an advisory opinion requested by or on behalf of the person is deemed to have waived
2the confidentiality of the request for an advisory opinion and of any records obtained
3or prepared by the board in connection with the request for an advisory opinion.
AB1187-ASA1, s. 90
4Section
90. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (a) (intro.) and
5amended to read:
AB1187-ASA1,43,86
5.05
(5s) (a) (intro.) Records obtained or prepared by the board in connection
7with an investigation
are not subject to the right of inspection and copying under s.
819.35 (1), except
as provided in par. (d) and except that
the:
AB1187-ASA1,43,13
91. The board shall permit inspection of records that are made public in the
10course of a hearing by the board to determine if a violation of
this subchapter chs. 5
11to 12 or subch. III of ch. 13
or subch. III of ch. 19 has occurred.
Whenever the board
12refers such investigation and hearing records to a district attorney or to the attorney
13general, they
AB1187-ASA1,43,16
142. Investigatory records of the board may be made public in the course of a
15prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
16III of ch. 19.
AB1187-ASA1,43,20
173. The board shall
also provide information from investigation and hearing
18records that pertains to the location of individuals and assets of individuals as
19requested under s. 49.22 (2m) by the department of workforce development or by a
20county child support agency under s. 59.53 (5).
AB1187-ASA1,44,322
19.55
(2) (c) Statements of economic interests and reports of economic
23transactions which are filed with the
ethics government accountability board by
24members or employees of the investment board, except that the
ethics government
25accountability board shall refer statements and reports filed by such individuals to
1the legislative audit bureau for its review, and except that a statement of economic
2interests filed by a member or employee of the investment board who is also an
3official required to file shall be open to public inspection.
AB1187-ASA1,44,7
519.579 Civil penalty. Any person who violates s. 19.43, 19.44, or 19.56 (2) may
6be required to forfeit not more than $500. Any person who violates any other
7provision of this subchapter may be required to forfeit not more than $5,000.
AB1187-ASA1, s. 93
8Section
93. 19.59 (8) (a) and (c) of the statutes are amended to read:
AB1187-ASA1,44,129
19.59
(8) (a) Subsection (1) shall be enforced in the name and on behalf of the
10state by action of the
board or, subject to the procedures prescribed in s. 5.05 (2m) (c),
11by action of the district attorney
of for any county wherein a violation may occur,
12upon the verified complaint of any person.
AB1187-ASA1,44,1813
(c)
If Unless the district attorney is precluded from commencing an action
14under s. 5.05 (2m) (c), if the district attorney fails to commence an action to enforce
15sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if
16the district attorney refuses to commence such an action, the person making the
17complaint may petition the attorney general to act upon the complaint. The attorney
18general may then bring an action under par. (a) or (b), or both.
AB1187-ASA1,45,620
19.59
(8) (cn)
If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the
21board or district attorney for the county in which a violation of sub. (1) (br) is alleged
22to occur receives a verified complaint alleging a violation of sub. (1) (br), the
board
23or district attorney shall, within 30 days after receipt of the complaint, either
24commence an investigation of the allegations contained in the complaint or dismiss
25the complaint. If the district attorney dismisses the complaint, with or without
1investigation, the district attorney shall notify the complainant in writing. Upon
2receiving notification of the dismissal, the complainant may then file the complaint
3with the attorney general or the district attorney for a county that is adjacent to the
4county in which the violation is alleged to occur. The attorney general or district
5attorney may then investigate the allegations contained in the complaint and
6commence a prosecution.
AB1187-ASA1,45,128
19.59
(8) (d) If the district attorney prevails in such an action, the court shall
9award any forfeiture recovered together with reasonable costs to the county wherein
10the violation occurs. If the
board or attorney general prevails in such an action, the
11court shall award any forfeiture recovered together with reasonable costs to the
12state.
AB1187-ASA1,45,1514
19.85
(1) (fm) Deliberating by the government accountability board concerning
15any investigation under the board's jurisdiction.
AB1187-ASA1,45,1917
19.85
(1) (h) Consideration of requests for confidential written advice from the
18ethics executive director of the government accountability board under
s. 19.46 (2) 19s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).
AB1187-ASA1,47,1921
20.923
(4) State agency positions. (intro.) State agency heads, the
22administrator of the division of merit recruitment and selection in the office of state
23employment relations
, the administrator of the enforcement division in the
24government accountability board, and commission chairpersons and members shall
25be identified and limited in number in accordance with the standardized
1nomenclature contained in this subsection, and shall be assigned to the executive
2salary groups listed in pars. (a) to (i). Except for positions specified in
par. pars. (c)
33m.
and (e) 2e. and sub. (12), all unclassified division administrator positions
4enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint
5committee on employment relations, by the director of the office of state employment
6relations to one of 10 executive salary groups. The joint committee on employment
7relations, by majority vote of the full committee, may amend recommendations for
8initial position assignments and changes in assignments to the executive salary
9groups submitted by the director of the office of state employment relations. All
10division administrator assignments and amendments to assignments of
11administrator positions approved by the committee shall become part of the
12compensation plan. Whenever a new unclassified division administrator position is
13created, the appointing authority may set the salary for the position until the joint
14committee on employment relations approves assignment of the position to an
15executive salary group. If the committee approves assignment of the position to an
16executive salary group having a salary range minimum or maximum inconsistent
17with the salary paid to the incumbent at the time of such approval, the incumbent's
18salary shall be adjusted by the appointing authority to conform with the committee's
19action, effective on the date of that action. Positions are assigned as follows:
AB1187-ASA1,47,2423
20.923
(4) (e) 2e. Government accountability board: administrator of the
24enforcement division.
AB1187-ASA1,48,1
120.923
(4) (f) 3j. Government accountability board: executive director.
AB1187-ASA1,48,213
59.605
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
4The governing body shall provide the election officials with all necessary election
5supplies. The form of the ballot shall correspond substantially with the standard
6form for referendum ballots prescribed by the
elections government accountability 7board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
8operating levy rate, the question shall be submitted as follows: "Under state law, the
9operating levy rate for the .... (name of county), for the tax to be imposed for the year
10.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
11county) be allowed to exceed this rate limit for .... (a specified number of years) (an
12indefinite period) by $.... per $1,000 of equalized value that results in an operating
13levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
14specifies the operating levy, the question shall be submitted as follows: "Under state
15law, the operating levy rate for the .... (name of county), for the tax to be imposed for
16the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
17the operating levy rate limit, shall the .... (name of county) be allowed to levy an
18amount not to exceed $.... (operating levy) for operating purposes for the year ....
19(year), which may increase the operating levy rate for .... (a specified number of
20years) (an indefinite period)? This would allow a ....% increase above the levy of $....
21(preceding year operating levy) for the year .... (preceding year)."
AB1187-ASA1,49,523
67.05
(3) (b) The clerk of the jurisdiction in which the referendum is held shall
24prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
25referendum is held is not a city, village
, or town, and the clerk of the jurisdiction in
1which the referendum is held prepares the ballots, the clerk shall deliver the ballots
2to the municipal clerk of each city, village
, or town which is wholly or partly contained
3within the jurisdiction in which the referendum is held. The form of the ballot shall
4correspond with the form prescribed by the
elections
government accountability 5board under ss. 5.64 (2) and 7.08 (1) (a).