Amendment ASA5-SB1

SB1-ASA5,38,21 19.41 (1) It is declared that high moral and ethical standards among state and local public officials and state and local government employees are essential to the conduct of free government; that the legislature believes that a code of ethics for the guidance of state and local public officials and state and local government employees will help them avoid conflicts between their personal interests and their public responsibilities, will improve standards of public service and will promote and strengthen the faith and confidence of the people of this state in their state and local public officials and state and local government employees.

SB1-ASA5, s. 75 Section 75. 19.42 (3) of the statutes is amended to read:

SB1-ASA5,38,23 19.42 (3) "Board" means the ethics government accountability board.

SB1-ASA5, s. 76 Section 76. 19.42 (4a) of the statutes is created to read:

SB1-ASA5,39,7 19.42 (4a) "Candidate for local public office" means any individual who files nomination papers and a declaration of candidacy under s. 8.21 or who is nominated at a caucus under s. 8.05 (1) for the purpose of appearing on the ballot for election as a local public official or any individual who is nominated for the purpose of appearing on the ballot for election as a local public official through the write-in process or by appointment to fill a vacancy in nomination and who files a declaration of candidacy under s. 8.21.

SB1-ASA5, s. 77 Section 77. 19.42 (10) (a) of the statutes is repealed.

SB1-ASA5, s. 78 Section 78. 19.42 (10) (q) of the statutes is created to read:

SB1-ASA5,39,10 19.42 (10) (q) A local public official.

SB1-ASA5, s. 79 Section 79. 19.43 (4) of the statutes is amended to read:

SB1-ASA5,40,6 19.43 (4) A candidate for state or local public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state or local public office under s. 7.08 (2) (a), the elections government accountability board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

SB1-ASA5, s. 80 Section 80. 19.43 (5) of the statutes is amended to read:

SB1-ASA5,40,18 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics government accountability board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics government accountability board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution , or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

SB1-ASA5, s. 81 Section 81. 19.43 (7) of the statutes is amended to read:

SB1-ASA5,41,7 19.43 (7) If an official required to file fails to make a timely filing, the board shall promptly provide notice of the delinquency to the secretary of administration, and to the chief executive of the department of which the official's office or position is a part, or, in the case of a district attorney, to the chief executive of that department and to the county clerk of each county served by the district attorney or in the case of a municipal judge local public official to the clerk of the municipality local governmental unit of which the official's office is a part, or in the case of a justice, court of appeals judge, or circuit judge, to the director of state courts. Upon such notification both the secretary of administration and the department, municipality local governmental unit, or director shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the official until the board notifies the officers to whom notice of the delinquency was provided that the official has complied with this section.

SB1-ASA5, s. 82 Section 82. 19.45 (title) of the statutes is amended to read:

SB1-ASA5,41,9 19.45 (title) Standards of conduct; state and local public officials.

SB1-ASA5, s. 83 Section 83. 19.45 (1) of the statutes is amended to read:

SB1-ASA5,42,4 19.45 (1) The legislature hereby reaffirms that a state or local public official holds his or her position as a public trust, and any effort to realize substantial personal gain through official conduct is a violation of that trust. This subchapter does not prevent any state or local public official from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her duties to this state or to the local governmental unit served by the official. The legislature further recognizes that in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government; that citizens who serve as state or local public officials retain their rights as citizens to interests of a personal or economic nature; that standards of ethical conduct for state or local public officials need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are substantial and material; and that state or local public officials may need to engage in employment, professional or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the specific provisions of this subchapter.

SB1-ASA5, s. 84 Section 84. 19.45 (2) of the statutes is amended to read:

SB1-ASA5,42,11 19.45 (2) No state or 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. This subsection does not prohibit a state or local public official from using the title or prestige of his or her office to obtain contributions permitted and reported as required by ch. 11.

SB1-ASA5, s. 85 Section 85. 19.45 (3) of the statutes is amended to read:

SB1-ASA5,42,19 19.45 (3) No person may offer or give to a state or local public official, directly or indirectly, and no state or 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 state or 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 state or local public official. This subsection does not prohibit a state or local public official from engaging in outside employment.

SB1-ASA5, s. 86 Section 86. 19.45 (3m) of the statutes is amended to read:

SB1-ASA5,42,23 19.45 (3m) No state or local public official may accept or retain any transportation, lodging, meals, food or beverage, or reimbursement therefor, except in accordance with s. 19.56 (3).

SB1-ASA5, s. 87 Section 87. 19.45 (4) of the statutes is amended to read:

SB1-ASA5,43,5 19.45 (4) No state or local public official may intentionally use or disclose information gained in the course of or by reason of his or her official position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family, or for any other person, if the information has not been communicated to the public or is not public information.

SB1-ASA5, s. 88 Section 88. 19.45 (5) of the statutes is amended to read:

SB1-ASA5,43,9 19.45 (5) No state or local public official may use or attempt to use the public position held by the public official to influence or gain unlawful benefits, advantages or privileges personally or for others.

SB1-ASA5, s. 89 Section 89. 19.45 (6) of the statutes is amended to read:

SB1-ASA5,43,24 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official'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 state funds, unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

SB1-ASA5, s. 90 Section 90. 19.45 (6a) of the statutes is created to read:

SB1-ASA5,44,14 19.45 (6a) No local public official, member of a local public official's immediate family, nor any organization with which the local public official or a member of the official'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 funds of the local governmental unit served by the official, unless the local public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the local governmental unit in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the local governmental unit in an action commenced within 3 years of the date on which the board, or the local governmental unit from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

SB1-ASA5, s. 91 Section 91. 19.45 (7a) of the statutes is created to read:

SB1-ASA5,44,18 19.45 (7a) (a) No local public official may represent a person for compensation before the local governmental unit served by the official or any employee thereof, except:

SB1-ASA5,44,20 1. In a contested case which involves a party other than the local governmental unit with interests adverse to those represented by the local public official; or

SB1-ASA5,44,22 2. At an open hearing at which a stenographic or other record is maintained; or

SB1-ASA5,44,24 3. In a matter that involves only ministerial action by the local governmental unit.

SB1-ASA5,45,2 (b) This subsection does not apply to representation by a local public official acting in his or her official capacity.

SB1-ASA5, s. 92 Section 92. 19.45 (8) (a) of the statutes is amended to read:

SB1-ASA5,45,10 19.45 (8) (a) No former state or local public official, for 12 months following the date on which he or she ceases to be a state or local public official, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employee of the department with which he or she was associated as a state public or local governmental unit served by the former official within 12 months prior to the date on which he or she ceased to be a state or local public official.

SB1-ASA5, s. 93 Section 93. 19.45 (8) (ba) and (ca) of the statutes are created to read:

SB1-ASA5,45,20 19.45 (8) (ba) No former local public official, for 12 months following the date on which he or she ceases to be a local public official, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employee of the local governmental unit served by the former official in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding which was under the former official's responsibility as a local public official within 12 months prior to the date on which he or she ceased to be a local public official.

SB1-ASA5,46,2 (ca) No former local public official may, for compensation, act on behalf of any party other than the local governmental unit served by the former official in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding in which the former official participated personally and substantially as a local public official.

SB1-ASA5, s. 94 Section 94. 19.45 (10) of the statutes is amended to read:

SB1-ASA5,46,9 19.45 (10) This section does not prohibit a legislator member of the legislature or a local legislative body from making inquiries for information on behalf of a person or from representing a person before a department if he or she receives no compensation therefor beyond the salary and other compensation or reimbursement to which the legislator member is entitled by law, except as authorized under sub. (7) or (7a).

SB1-ASA5, s. 95 Section 95. 19.45 (11) (intro.) of the statutes is amended to read:

SB1-ASA5,46,13 19.45 (11) (intro.) The legislature recognizes that all state and local public officials and employees and all employees of the University of Wisconsin Hospitals and Clinics Authority should be guided by a code of ethics and thus:

SB1-ASA5, s. 96 Section 96. 19.45 (13) of the statutes is amended to read:

SB1-ASA5,46,24 19.45 (13) No state or local public official or candidate for state or 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 state or local public official holding an elective office or to a candidate for state or local public office.

SB1-ASA5, s. 97 Section 97. 19.46 (1) (intro.) of the statutes is amended to read:

SB1-ASA5,47,3 19.46 (1) (intro.) Except in accordance with the board's advice under sub. (2) of the executive director of the board under s. 5.05 (6a) and except as otherwise provided in sub. (3) or (3a), no state or local public official may:

SB1-ASA5, s. 98 Section 98. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

SB1-ASA5,48,2 5.05 (6a) Any individual, either personally or on behalf of an organization or governmental body, may request of the board executive director of the board an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board executive director an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective appointee is or may become a party. The board executive director 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. The board's deliberations and actions upon The executive director may consult with the board before issuing a formal opinion but shall not reveal any information to the board that would identify the requester of the opinion. All consultations with the board concerning such requests shall be in meetings not open to the public. It is prima facie evidence of intent to comply with this subchapter chs. 5 to 12 or subch. III of ch. 13 or subch. III of ch. 19 when a person refers a matter to the board executive director and abides by the board's executive director's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

SB1-ASA5, s. 99 Section 99. 19.46 (3a) of the statutes is created to read:

SB1-ASA5,48,8 19.46 (3a) This section 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 local ordinance or a written policy of the local governmental unit.

SB1-ASA5, s. 100 Section 100. 19.47 (2) of the statutes is repealed.

SB1-ASA5, s. 101 Section 101. 19.47 (4) of the statutes is repealed.

SB1-ASA5, s. 102 Section 102. 19.47 (5) of the statutes is amended to read:

SB1-ASA5,48,23 19.47 (5) No later than September 1 of each year, the board shall submit a report concerning its actions in the preceding fiscal year to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Such The board shall include in its biennial report shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued by the executive director under s. 5.05 (6a). The board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

SB1-ASA5, s. 103 Section 103. 19.48 (1) of the statutes is amended to read:

SB1-ASA5,49,3 19.48 (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 and local public officials who will be affected thereby.

SB1-ASA5, s. 104 Section 104. 19.48 (4) (a) of the statutes is amended to read:

SB1-ASA5,49,8 19.48 (4) (a) Upon the expiration of 3 years after an individual ceases to be a state or local public official the board shall, unless the former state or local public official otherwise requests, destroy any statement of economic interests filed by him or her and any copies thereof in its possession.

SB1-ASA5, s. 105 Section 105. 19.48 (4) (b) of the statutes is amended to read:

SB1-ASA5,49,15 19.48 (4) (b) Upon the expiration of 3 years after any election at which a candidate for state or local public office was not elected, the board shall destroy any statements of economic interests filed by him or her as a candidate for state or local 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.

SB1-ASA5, s. 106 Section 106. 19.48 (9) of the statutes is amended to read:

SB1-ASA5,49,25 19.48 (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 and local 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.

SB1-ASA5, s. 107 Section 107. 19.49 (5) (b) of the statutes is amended to read:

SB1-ASA5,50,4 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

SB1-ASA5, s. 108 Section 108. 19.50 (2) of the statutes is amended to read:

SB1-ASA5,50,10 19.50 (2) To administer oaths and to require by subpoena issued by it the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).

SB1-ASA5, s. 109 Section 109. 19.53 (1) of the statutes is amended to read:

SB1-ASA5,50,16 19.53 (1) In the case of a state or local public official outside the classified service, a recommendation that the state or local public official be censured, suspended, or removed from office or employment. Such recommendation shall be made to the appropriate appointing authority who may censure, suspend, or take action to remove the official from office or employment.

SB1-ASA5, s. 110 Section 110. 19.53 (1m) of the statutes is amended to read:

SB1-ASA5,50,21 19.53 (1m) In the case of a state or local public official in the classified service, a recommendation that the state or local public official be disciplined or discharged under s. 230.34 (1). Such recommendation shall be made to the appropriate appointing authority.

SB1-ASA5, s. 111 Section 111. 19.53 (6) of the statutes is amended to read:

SB1-ASA5,51,13 19.53 (6) An order requiring the accused 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, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the board determines that the accused has realized economic gain as a result of the violation, the board may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state or local public official has violated s. 19.45 (13), the board 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 board determines that a state or local public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board 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 or s. 19.545 which is not paid by the person against whom it is assessed.

SB1-ASA5, s. 112 Section 112. 19.54 (2) of the statutes is amended to read:

SB1-ASA5,51,21 19.54 (2) An application for rehearing is governed by such general rules as the board may establish. Only one rehearing may be granted by the board. No order of the board pursuant to this subchapter or subch. III of ch.13 becomes effective until 20 days after it is issued, or while an application for rehearing or a rehearing is pending, or until 10 days after such application for rehearing is either denied, expressly or by implication, or the board has announced its final determination on rehearing.

SB1-ASA5, s. 113 Section 113. 19.55 (1) of the statutes is amended to read:

SB1-ASA5,52,8 19.55 (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.

SB1-ASA5, s. 114 Section 114. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and amended to read:

SB1-ASA5,52,21 5.05 (5s) (b) Records obtained in connection with a request for an advisory opinion issued under s. 5.05 (6a), other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested, are not subject to the right of inspection and copying under s. 19.35 (1). The executive director of the board may, however, make such records public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the board in connection with the request for an advisory opinion.

SB1-ASA5, s. 115 Section 115. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (a) (intro.) and amended to read:

SB1-ASA5,53,3 5.05 (5s) (a) (intro.) Records obtained or prepared by the board in connection with an investigation are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in par. (d) and except that the:

SB1-ASA5,53,8 1. The board shall permit inspection of records that are made public in the course of a hearing by the board to determine if a violation of this subchapter chs. 5 to 12 or subch. III of ch. 13 or subch. III of ch. 19 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they

SB1-ASA5,53,11 2. Investigatory records of the board may be made public in the course of a prosecution initiated under this subchapter chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.

SB1-ASA5,53,15 3. The board shall also provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of workforce development or by a county child support agency under s. 59.53 (5).

SB1-ASA5, s. 116 Section 116. 19.55 (2) (c) of the statutes is amended to read: