SB1-ASA3,41,132
19.47
(5) No later than September 1 of each year, the board shall submit a
3report concerning its actions in the preceding fiscal year to the governor and the chief
4clerk of each house of the legislature, for distribution to the legislature under s.
513.172 (2). Such The board shall include in its biennial report
shall contain under
6s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
7summary of its determinations and advisory opinions
issued by the board under s.
85.05 (6a). The board shall make sufficient alterations in the summaries to prevent
9disclosing the identities of individuals or organizations involved in the decisions or
10opinions.
The board may also include in its biennial report any information compiled
11under s. 11.21 (7). The board shall make such further reports on the matters within
12its jurisdiction and such recommendations for further legislation as it deems
13desirable.
SB1-ASA3, s. 95
16Section
95. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.
SB1-ASA3, s. 96
17Section
96. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and
18amended to read:
SB1-ASA3,41,2319
5.05
(2m) (c) 3. Any person to whom
this subchapter or subch. III of ch. 13
or
20subch. III of ch. 19 may have application may request the board to make an
21investigation of his or her own conduct or of allegations made by other persons as to
22his or her conduct. Such a request shall be made in writing and shall set forth in
23detail the reasons therefor.
SB1-ASA3, s. 99
1Section
99. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended
2to read:
SB1-ASA3,42,53
5.05
(2m) (g) 1. Except as provided in
par. (b) subd. 2., no action may be taken
4on any complaint that is filed later than 3 years after a violation of
this subchapter
5or subch. III of ch. 13
or subch. III of ch. 19 is alleged to have occurred.
SB1-ASA3,42,86
2. The period of limitation under
par. (a) subd. 1. is tolled for a complaint
7alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
8a complaint may not be filed under s.
19.49 (1m)
par. (c) 2. b. or 19.59 (8) (cm).
SB1-ASA3, s. 101
10Section
101. 19.50 (intro.) and (1) to (3) of the statutes are renumbered 5.05
11(2m) (f) (intro.) and 1. to 3. and amended to read:
SB1-ASA3,42,1412
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under
s. 19.49
13(3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the
14board has the power:
SB1-ASA3,42,1815
1. To require any person to submit in writing such reports and answers to
16questions relevant to the proceedings
conducted under this subchapter or subch. III
17of ch. 13 as the board may prescribe, such submission to be made within such period
18and under oath or otherwise as the board may determine.
SB1-ASA3,42,2219
2. To administer oaths and to require by subpoena issued by it the attendance
20and testimony of witnesses and the production of any documentary evidence relating
21to the investigation or hearing being conducted.
Notwithstanding s. 885.01. (4), the
22issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).
SB1-ASA3,43,223
3. To order testimony to be taken by deposition before any individual who is
24designated by the board and has the power to administer oaths, and, in such
1instances, to compel testimony and the production of evidence in the same manner
2as authorized by
sub (2) subd. 2.
SB1-ASA3, s. 102
3Section
102. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4.
4and 5.
SB1-ASA3, s. 104
6Section
104. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 7. and
7amended to read:
SB1-ASA3,43,168
5.05
(2m) (c) 7. At the conclusion of its investigation, the board shall, in
9preliminary written findings of fact and conclusions based thereon, make a
10determination of whether or not probable cause exists to believe that a violation of
11this subchapter or chs. 5 to 12, subch. III of ch. 13
or subch. III of ch. 19 has occurred.
12If the board determines that no probable cause exists, it shall immediately send
13written notice of such determination to the accused and to the party who made the
14complaint.
If the board determines that there is probable cause for believing that a
15violation of this subchapter or subch. III of ch. 13 has been committed, its
16preliminary findings of fact and conclusions may contain:
SB1-ASA3, s. 105
17Section
105. 19.51 (1) (a) and (b) of the statutes are repealed.
SB1-ASA3, s. 106
18Section
106. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 8.
SB1-ASA3, s. 111
23Section
111. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
24to read:
SB1-ASA3,44,18
119.579
(1) An order requiring the accused Except as provided in sub. (2) any
2person who violates this subchapter may be required to forfeit not more than $500
3for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
4violation of any other provision of this subchapter
, or not more than the applicable
5amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 6determines that the accused has realized economic gain as a result of the violation,
7the
board court may, in addition, order the accused to forfeit the amount gained as
8a result of the violation. In addition, if the
board
court determines that a state public
9official has violated s. 19.45 (13), the
board court may order the official to forfeit an
10amount equal to the amount or value of any political contribution, service, or other
11thing of value that was wrongfully obtained. If the
board court determines that a
12state public official has violated s. 19.45 (13) and no political contribution, service or
13other thing of value was obtained, the
board court may order the official to forfeit an
14amount equal to the maximum contribution authorized under s. 11.26 (1) for the
15office held or sought by the official, whichever amount is greater.
The attorney
16general, when so requested by the board, shall institute proceedings to recover any
17forfeiture incurred under this section or s. 19.545 which is not paid by the person
18against whom it is assessed.
SB1-ASA3,45,924
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
25subchapter or subch. III of ch. 13 in the possession of the board are open to public
1inspection at all reasonable times. The board shall require an individual wishing to
2examine a statement of economic interests or the list of persons who inspect any
3statements which are in the board's possession to provide his or her full name and
4address, and if the individual is representing another person, the full name and
5address of the person which he or she represents. Such identification may be
6provided in writing or in person. The board shall record and retain for at least 3 years
7information obtained by it pursuant to this subsection. No individual may use a
8fictitious name or address or fail to identify a principal in making any request for
9inspection.
SB1-ASA3, s. 117
10Section
117. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) and
11amended to read:
SB1-ASA3,45,2212
5.05
(5s) (f) Records obtained in connection with a request for an advisory
13opinion
issued under s. 5.05 (6a), other than summaries of advisory opinions that do
14not disclose the identity of individuals requesting such opinions or organizations on
15whose behalf they are requested
, are not subject to the right of inspection and
16copying under s. 19.35 (1). The board may, however, make such records public with
17the consent of the individual requesting the advisory opinion or the organization or
18governmental body on whose behalf it is requested. A person who makes or purports
19to make public the substance of or any portion of an advisory opinion requested by
20or on behalf of the person is deemed to have waived the confidentiality of the request
21for an advisory opinion and of any records obtained or prepared by the board in
22connection with the request for an advisory opinion.
SB1-ASA3, s. 118
23Section
118. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
24amended to read:
SB1-ASA3,46,4
15.05
(5s) (intro.) Records obtained or prepared by the board in connection with
2an investigation
, including the full text of any complaint received by the board, are
3not subject to the right of inspection and copying under s. 19.35 (1), except
as
4provided in par. (d) and except that
the:
SB1-ASA3,46,9
5(a) The board shall permit inspection of records that are made public in the
6course of a hearing by the board to determine if a violation of
this subchapter or chs.
75 to 12, subch. III of ch. 13
, or subch. III of ch. 19 has occurred.
Whenever the board
8refers such investigation and hearing records to a district attorney or to the attorney
9general, they
SB1-ASA3,46,12
10(b) Investigatory records of the board may be made public in the course of a
11prosecution initiated under this
subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
12III of ch. 19.
SB1-ASA3,46,16
13(c) The board shall
also provide information from investigation and hearing
14records that pertains to the location of individuals and assets of individuals as
15requested under s. 49.22 (2m) by the department of workforce development or by a
16county child support agency under s. 59.53 (5).
SB1-ASA3, s. 119
17Section
119. 19.55 (2) (c) of the statutes is amended to read:
SB1-ASA3,46,2418
19.55
(2) (c) Statements of economic interests and reports of economic
19transactions which are filed with the
ethics government accountability and integrity 20board by members or employees of the investment board, except that the
ethics 21government accountability and integrity board shall refer statements and reports
22filed by such individuals to the legislative audit bureau for its review, and except that
23a statement of economic interests filed by a member or employee of the investment
24board who is also an official required to file shall be open to public inspection.
SB1-ASA3, s. 120
25Section
120. 19.579 (title) of the statutes is amended to read:
SB1-ASA3,47,1
119.579 (title)
Civil penalty penalties.
SB1-ASA3, s. 122
3Section
122. 19.59 (1) (g) 8. of the statutes is amended to read:
SB1-ASA3,47,164
19.59
(1) (g) 8. No district board member, member of a district board member's
5immediate family, nor any organization with which the district board member or a
6member of the district board member's immediate family owns or controls at least
710% of the outstanding equity, voting rights, or outstanding indebtedness may enter
8into any contract or lease involving a payment or payments of more than $3,000
9within a 12-month period, in whole or in part derived from district funds unless the
10district board member has first made written disclosure of the nature and extent of
11such relationship or interest to the
ethics government accountability and integrity 12board and to the district. Any contract or lease entered into in violation of this
13subdivision may be voided by the district in an action commenced within 3 years of
14the date on which the
ethics government accountability and integrity board, or the
15district, knew or should have known that a violation of this subdivision had occurred.
16This subdivision does not affect the application of s. 946.13.
SB1-ASA3, s. 123
17Section
123. 19.59 (8) (a) and (b) of the statutes are amended to read:
SB1-ASA3,47,2018
19.59
(8) (a) Subsection (1) shall be enforced in the name and on behalf of the
19state by action of the
district attorney of any county wherein a violation may occur 20board, upon the verified complaint of any person.
SB1-ASA3,47,2521
(b) In addition and supplementary to the remedy provided in sub. (7), the
22district attorney board may commence an action, separately or in conjunction with
23an action brought to obtain the remedy provided in sub. (7), to obtain such other legal
24or equitable relief, including but not limited to mandamus, injunction or declaratory
25judgment, as may be appropriate under the circumstances.
SB1-ASA3, s. 125
2Section
125. 19.59 (8) (cn) and (d) of the statutes are repealed.
SB1-ASA3, s. 126
3Section
126. 19.85 (1) (fm) of the statutes is created to read:
SB1-ASA3,48,54
19.85
(1) (fm) Deliberating by the government accountability and integrity
5board concerning any investigation under the board's jurisdiction.
SB1-ASA3, s. 127
6Section
127. 19.85 (1) (h) of the statutes is amended to read:
SB1-ASA3,48,97
19.85
(1) (h) Consideration of requests for confidential written advice from the
8ethics government accountability and integrity board under s.
19.46 (2) 5.05 (6a), or
9from any county or municipal ethics board under s. 19.59 (5).
SB1-ASA3, s. 148
6Section
148. 20.923 (4) (intro.) of the statutes is amended to read:
SB1-ASA3,50,57
20.923
(4) State agency positions. (intro.) State agency heads, the
8administrator of the division of merit recruitment and selection in the office of state
9employment relations
, the administrator of the enforcement division in the
10government accountability and integrity board, and commission chairpersons and
11members shall be identified and limited in number in accordance with the
12standardized nomenclature contained in this subsection, and shall be assigned to the
13executive salary groups listed in pars. (a) to (i). Except for positions specified in
par. 14pars. (c) 3m.
and (e) 2e. and sub. (12), all unclassified division administrator
15positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the
16joint committee on employment relations, by the director of the office of state
17employment relations to one of 10 executive salary groups. The joint committee on
18employment relations, by majority vote of the full committee, may amend
19recommendations for initial position assignments and changes in assignments to the
20executive salary groups submitted by the director of the office of state employment
21relations. All division administrator assignments and amendments to assignments
22of administrator positions approved by the committee shall become part of the
23compensation plan. Whenever a new unclassified division administrator position is
24created, the appointing authority may set the salary for the position until the joint
25committee on employment relations approves assignment of the position to an
1executive salary group. If the committee approves assignment of the position to an
2executive salary group having a salary range minimum or maximum inconsistent
3with the salary paid to the incumbent at the time of such approval, the incumbent's
4salary shall be adjusted by the appointing authority to conform with the committee's
5action, effective on the date of that action. Positions are assigned as follows:
SB1-ASA3, s. 151
8Section
151. 20.923 (4) (e) 2e. of the statutes is created to read:
SB1-ASA3,50,109
20.923
(4) (e) 2e. Government accountability and integrity board:
10administrator of the enforcement division.
SB1-ASA3, s. 152
11Section
152. 20.923 (4) (f) 3j. of the statutes is created to read:
SB1-ASA3,50,1312
20.923
(4) (f) 3j. Government accountability and integrity board: executive
13director.
