Amendment ASA5-SB1

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:

SB1-ASA5,53,23 19.55 (2) (c) Statements of economic interests and reports of economic transactions which are filed with the ethics government accountability board by members or employees of the investment board, except that the ethics 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.

SB1-ASA5, s. 117 Section 117. 19.56 (1) of the statutes is amended to read:

SB1-ASA5,54,5 19.56 (1) Every state and local 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, or any local governmental unit.

SB1-ASA5, s. 118 Section 118. 19.56 (2) (b) 5. of the statutes is amended to read:

SB1-ASA5,54,11 19.56 (2) (b) 5. Is paid by the department or municipality local governmental unit of which the official's state or local 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

SB1-ASA5, s. 119 Section 119. 19.56 (3) (a) of the statutes is amended to read:

SB1-ASA5,54,18 19.56 (3) (a) A state or local 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.

SB1-ASA5, s. 120 Section 120. 19.56 (3) (b) of the statutes is amended to read:

SB1-ASA5,55,3 19.56 (3) (b) A state or local 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 of the state or the local governmental unit served by the official that are not generally available to all citizens of this state or residents of the local governmental unit served by the official 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).

SB1-ASA5, s. 121 Section 121. 19.56 (3) (c) of the statutes is amended to read:

SB1-ASA5,55,13 19.56 (3) (c) A state public official may receive and retain from the state, and a local public official may receive and retain from the local governmental unit served by the official on behalf of that unit, 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 or the local governmental unit served by the official and primarily for the benefit of the state or the local governmental unit and not primarily for the private benefit of the official or any other person.

SB1-ASA5, s. 122 Section 122. 19.56 (3) (d) of the statutes is amended to read:

SB1-ASA5,55,18 19.56 (3) (d) A state or local 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.

SB1-ASA5, s. 123 Section 123. 19.56 (4) of the statutes is amended to read:

SB1-ASA5,56,3 19.56 (4) If a state or local 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 the local governmental unit served by the official 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 the local governmental unit served by the official or to a charitable organization other than one with which he or she is associated.

SB1-ASA5, s. 124 Section 124. 19.579 of the statutes is repealed and recreated to read:

SB1-ASA5,56,7 19.579 Civil penalty. Any person who violates s. 19.43, 19.44, or 19.56 (2) may be required to forfeit not more than $500. Any person who violates any other provision of this subchapter may be required to forfeit not more than $5,000.

SB1-ASA5, s. 125 Section 125. 19.58 (1) of the statutes is amended to read:

SB1-ASA5,56,12 19.58 (1) (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.

SB1-ASA5,56,14 (b) Any person who intentionally violates s. 19.45 (13) or 19.59 (1) (br) is guilty of a Class I felony.

SB1-ASA5, s. 126 Section 126. 19.58 (2) of the statutes is amended to read:

SB1-ASA5,56,19 19.58 (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 or a local governmental unit to discipline its state or local public officials or employees.

SB1-ASA5, s. 127 Section 127. 19.59 (title) of the statutes is amended to read:

SB1-ASA5,56,22 19.59 (title) Codes of ethics for local Local government officials, employees and candidates.

SB1-ASA5, s. 128 Section 128. 19.59 (1) (a) to (d) of the statutes are repealed.

SB1-ASA5, s. 129 Section 129. 19.59 (1) (f) of the statutes is renumbered 19.461 and amended to read:

SB1-ASA5,57,8 19.461 Nonapplication to members of certain local committees. Paragraphs (a) to (c) Sections 19.45 (2), (3), and (13) and 19.46 (1) 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.

SB1-ASA5, s. 130 Section 130. 19.59 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 131 Section 131. 19.59 (1m) of the statutes is amended to read:

SB1-ASA5,57,14 19.59 (1m) In addition to the requirements of sub. (1) 19.45 and 19.46 (1), any county, city, village or town may enact an ordinance establishing a code of ethics for public officials and employees of the county or municipality and candidates for county or municipal elective offices.

SB1-ASA5, s. 132 Section 132. 19.59 (3) (a) of the statutes is amended to read:

SB1-ASA5,57,18 19.59 (3) (a) A requirement for local public officials, other employees of the county or municipality other than local public officials and candidates for local public office to identify any of the economic interests specified in s. 19.44.

SB1-ASA5, s. 133 Section 133. 19.59 (3) (e) of the statutes is amended to read:

SB1-ASA5,57,24 19.59 (3) (e) Provisions in addition to those prescribed in ss. 19.45 and 19.46 (1), whenever applicable, prescribing ethical standards of conduct and prohibiting conflicts of interest on the part of local public officials and other employees of the county or municipality or on the part of former local public officials or former employees of the county or municipality.