SB1-ASA5,50,106 19.50 (2) To administer oaths and to require by subpoena issued by it the
7attendance and testimony of witnesses and the production of any documentary
8evidence relating to the investigation or hearing being conducted. Notwithstanding
9s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance
10with s. 19.47 (4).
SB1-ASA5, s. 109 11Section 109. 19.53 (1) of the statutes is amended to read:
SB1-ASA5,50,1612 19.53 (1) In the case of a state or local public official outside the classified
13service, a recommendation that the state or local public official be censured,
14suspended, or removed from office or employment. Such recommendation shall be
15made to the appropriate appointing authority who may censure, suspend, or take
16action to remove the official from office or employment.
SB1-ASA5, s. 110 17Section 110. 19.53 (1m) of the statutes is amended to read:
SB1-ASA5,50,2118 19.53 (1m) In the case of a state or local public official in the classified service,
19a recommendation that the state or local public official be disciplined or discharged
20under s. 230.34 (1). Such recommendation shall be made to the appropriate
21appointing authority.
SB1-ASA5, s. 111 22Section 111. 19.53 (6) of the statutes is amended to read:
SB1-ASA5,51,1323 19.53 (6) An order requiring the accused to forfeit not more than $500 for each
24violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of
25any other provision of this subchapter, or not more than the applicable amount

1specified in s. 13.69 for each violation of subch. III of ch. 13. If the board determines
2that the accused has realized economic gain as a result of the violation, the board
3may, in addition, order the accused to forfeit the amount gained as a result of the
4violation. In addition, if the board determines that a state or local public official has
5violated s. 19.45 (13), the board may order the official to forfeit an amount equal to
6the amount or value of any political contribution, service, or other thing of value that
7was wrongfully obtained. If the board determines that a state or local public official
8has violated s. 19.45 (13) and no political contribution, service or other thing of value
9was obtained, the board may order the official to forfeit an amount equal to the
10maximum contribution authorized under s. 11.26 (1) for the office held or sought by
11the official, whichever amount is greater. The attorney general, when so requested
12by the board, shall institute proceedings to recover any forfeiture incurred under this
13section or s. 19.545 which is not paid by the person against whom it is assessed.
SB1-ASA5, s. 112 14Section 112. 19.54 (2) of the statutes is amended to read:
SB1-ASA5,51,2115 19.54 (2) An application for rehearing is governed by such general rules as the
16board may establish. Only one rehearing may be granted by the board. No order of
17the board pursuant to this subchapter or subch. III of ch.13 becomes effective until
1820 days after it is issued, or while an application for rehearing or a rehearing is
19pending, or until 10 days after such application for rehearing is either denied,
20expressly or by implication, or the board has announced its final determination on
21rehearing.
SB1-ASA5, s. 113 22Section 113. 19.55 (1) of the statutes is amended to read:
SB1-ASA5,52,823 19.55 (1) Except as provided in sub. (2) and s. 5.05 (5s), all records under this
24subchapter or subch. III of ch. 13
in the possession of the board are open to public
25inspection at all reasonable times. The board shall require an individual wishing to

1examine a statement of economic interests or the list of persons who inspect any
2statements which are in the board's possession to provide his or her full name and
3address, and if the individual is representing another person, the full name and
4address of the person which he or she represents. Such identification may be
5provided in writing or in person. The board shall record and retain for at least 3 years
6information obtained by it pursuant to this subsection. No individual may use a
7fictitious name or address or fail to identify a principal in making any request for
8inspection.
SB1-ASA5, s. 114 9Section 114. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and
10amended to read:
SB1-ASA5,52,2111 5.05 (5s) (b) Records obtained in connection with a request for an advisory
12opinion issued under s. 5.05 (6a), other than summaries of advisory opinions that do
13not disclose the identity of individuals requesting such opinions or organizations on
14whose behalf they are requested, are not subject to the right of inspection and
15copying under s. 19.35 (1)
. The executive director of the board may, however, make
16such records public with the consent of the individual requesting the advisory
17opinion or the organization or governmental body on whose behalf it is requested.
18A person who makes or purports to make public the substance of or any portion of
19an advisory opinion requested by or on behalf of the person is deemed to have waived
20the confidentiality of the request for an advisory opinion and of any records obtained
21or prepared by the board in connection with the request for an advisory opinion.
SB1-ASA5, s. 115 22Section 115. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (a) (intro.) and
23amended to read:
SB1-ASA5,53,3
15.05 (5s) (a) (intro.) Records obtained or prepared by the board in connection
2with an investigation are not subject to the right of inspection and copying under s.
319.35 (1)
, except as provided in par. (d) and except that the:
SB1-ASA5,53,8 41. The board shall permit inspection of records that are made public in the
5course of a hearing by the board to determine if a violation of this subchapter chs. 5
6to 12
or subch. III of ch. 13 or subch. III of ch. 19 has occurred. Whenever the board
7refers such investigation and hearing records to a district attorney or to the attorney
8general, they
SB1-ASA5,53,11 92. Investigatory records of the board may be made public in the course of a
10prosecution initiated under this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
11III of ch. 19
.
SB1-ASA5,53,15 123. The board shall also provide information from investigation and hearing
13records that pertains to the location of individuals and assets of individuals as
14requested under s. 49.22 (2m) by the department of workforce development or by a
15county child support agency under s. 59.53 (5).
SB1-ASA5, s. 116 16Section 116. 19.55 (2) (c) of the statutes is amended to read:
SB1-ASA5,53,2317 19.55 (2) (c) Statements of economic interests and reports of economic
18transactions which are filed with the ethics government accountability board by
19members or employees of the investment board, except that the ethics government
20accountability
board shall refer statements and reports filed by such individuals to
21the legislative audit bureau for its review, and except that a statement of economic
22interests filed by a member or employee of the investment board who is also an
23official required to file shall be open to public inspection.
SB1-ASA5, s. 117 24Section 117. 19.56 (1) of the statutes is amended to read:
SB1-ASA5,54,5
119.56 (1) Every state and local public official is encouraged to meet with clubs,
2conventions, special interest groups, political groups, school groups and other
3gatherings to discuss and to interpret legislative, administrative, executive or
4judicial processes and proposals and issues initiated by or affecting a department or,
5the judicial branch, or any local governmental unit.
SB1-ASA5, s. 118 6Section 118. 19.56 (2) (b) 5. of the statutes is amended to read:
SB1-ASA5,54,117 19.56 (2) (b) 5. Is paid by the department or municipality local governmental
8unit
of which the official's state or local public office is a part, or, in the case of a
9district attorney, is paid by that department or a county which the district attorney
10serves, or, in the case of a justice or judge of a court of record, is paid from the
11appropriations for operation of the state court system; or
SB1-ASA5, s. 119 12Section 119. 19.56 (3) (a) of the statutes is amended to read:
SB1-ASA5,54,1813 19.56 (3) (a) A state or local public official may receive and retain
14reimbursement or payment of actual and reasonable expenses and an elected official
15may retain reasonable compensation, for a published work or for the presentation of
16a talk or participation in a meeting related to a topic specified in sub. (1) if the
17payment or reimbursement is paid or arranged by the organizer of the event or the
18publisher of the work.
SB1-ASA5, s. 120 19Section 120. 19.56 (3) (b) of the statutes is amended to read:
SB1-ASA5,55,320 19.56 (3) (b) A state or local public official may receive and retain anything of
21value if the activity or occasion for which it is given is unrelated to the official's use
22of the state's time, facilities, services or supplies of the state or the local
23governmental unit served by the official that are
not generally available to all
24citizens of this state or residents of the local governmental unit served by the official
25and the official can show by clear and convincing evidence that the payment or

1reimbursement was unrelated to and did not arise from the recipient's holding or
2having held a public office and was paid for a purpose unrelated to the purposes
3specified in sub. (1).
SB1-ASA5, s. 121 4Section 121. 19.56 (3) (c) of the statutes is amended to read:
SB1-ASA5,55,135 19.56 (3) (c) A state public official may receive and retain from the state, and
6a local public official may receive and retain from the local governmental unit served
7by the official on behalf of that unit,
or on behalf of the state transportation, lodging,
8meals, food or beverage, or reimbursement therefor or payment or reimbursement
9of actual and reasonable costs that the official can show by clear and convincing
10evidence were incurred or received on behalf of the state of Wisconsin or the local
11governmental unit served by the official
and primarily for the benefit of the state or
12the local governmental unit
and not primarily for the private benefit of the official
13or any other person.
SB1-ASA5, s. 122 14Section 122. 19.56 (3) (d) of the statutes is amended to read:
SB1-ASA5,55,1815 19.56 (3) (d) A state or local public official may receive and retain from a
16political committee under ch. 11 transportation, lodging, meals, food or beverage, or
17reimbursement therefor or payment or reimbursement of costs permitted and
18reported in accordance with ch. 11.
SB1-ASA5, s. 123 19Section 123. 19.56 (4) of the statutes is amended to read:
SB1-ASA5,56,320 19.56 (4) If a state or local public official receives a payment not authorized by
21this subchapter, in cash or otherwise, for a published work or a talk or meeting, the
22official may not retain it. If practicable, the official shall deposit it with the
23department or municipality with which he or she is associated the local
24governmental unit served by the official
or, in the case of a justice or judge of a court
25of record, with the director of state courts. If that is not practicable, the official shall

1return it or its equivalent to the payor or convey it to the state or the local
2governmental unit served by the official
or to a charitable organization other than
3one with which he or she is associated.
SB1-ASA5, s. 124 4Section 124. 19.579 of the statutes is repealed and recreated to read:
SB1-ASA5,56,7 519.579 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.
SB1-ASA5, s. 125 8Section 125. 19.58 (1) of the statutes is amended to read:
SB1-ASA5,56,129 19.58 (1) (a) Any person who intentionally violates any provision of this
10subchapter except s. 19.45 (13) or 19.59 (1) (br), or a code of ethics adopted or
11established under s. 19.45 (11) (a) or (b), shall be fined not less than $100 nor more
12than $5,000 or imprisoned not more than one year in the county jail or both.
SB1-ASA5,56,1413 (b) Any person who intentionally violates s. 19.45 (13) or 19.59 (1) (br) is guilty
14of a Class I felony.
SB1-ASA5, s. 126 15Section 126. 19.58 (2) of the statutes is amended to read:
SB1-ASA5,56,1916 19.58 (2) The penalties under sub. (1) do not limit the power of either house of
17the legislature to discipline its own members or to impeach a public official, or limit
18the power of a department or a local governmental unit to discipline its state or local
19public officials or employees.
SB1-ASA5, s. 127 20Section 127. 19.59 (title) of the statutes is amended to read:
SB1-ASA5,56,22 2119.59 (title) Codes of ethics for local Local government officials,
22employees and candidates.
SB1-ASA5, s. 128 23Section 128. 19.59 (1) (a) to (d) of the statutes are repealed.
SB1-ASA5, s. 129 24Section 129. 19.59 (1) (f) of the statutes is renumbered 19.461 and amended
25to read:
SB1-ASA5,57,8
119.461 Nonapplication to members of certain local committees.
2Paragraphs (a) to (c) Sections 19.45 (2), (3), and (13) and 19.46 (1) do not apply to the
3members of a local committee appointed under s. 289.33 (7) (a) to negotiate with the
4owner or operator of, or applicant for a license to operate, a solid waste disposal or
5hazardous waste facility under s. 289.33, with respect to any matter contained or
6proposed to be contained in a written agreement between a municipality and the
7owner, operator or applicant or in an arbitration award or proposed award that is
8applicable to those parties.
SB1-ASA5, s. 130 9Section 130. 19.59 (1) (g) of the statutes is repealed.
SB1-ASA5, s. 131 10Section 131. 19.59 (1m) of the statutes is amended to read:
SB1-ASA5,57,1411 19.59 (1m) In addition to the requirements of sub. (1) 19.45 and 19.46 (1), any
12county, city, village or town may enact an ordinance establishing a code of ethics for
13public officials and employees of the county or municipality and candidates for
14county or municipal elective offices.
SB1-ASA5, s. 132 15Section 132. 19.59 (3) (a) of the statutes is amended to read:
SB1-ASA5,57,1816 19.59 (3) (a) A requirement for local public officials, other employees of the
17county or municipality other than local public officials and candidates for local public
18office to identify any of the economic interests specified in s. 19.44.
SB1-ASA5, s. 133 19Section 133. 19.59 (3) (e) of the statutes is amended to read:
SB1-ASA5,57,2420 19.59 (3) (e) Provisions in addition to those prescribed in ss. 19.45 and 19.46
21(1), whenever applicable,
prescribing ethical standards of conduct and prohibiting
22conflicts of interest on the part of local public officials and other employees of the
23county or municipality or on the part of former local public officials or former
24employees of the county or municipality.
SB1-ASA5, s. 134 25Section 134. 19.59 (5) (a) of the statutes is amended to read:
SB1-ASA5,58,25
119.59 (5) (a) Any individual, either personally or on behalf of an organization
2or governmental body, may request of a county or municipal ethics board, or, in the
3absence of a county or municipal ethics board, a county corporation counsel or
4attorney for a local governmental unit, an advisory opinion regarding the propriety
5of any matter to which the person is or may become a party with respect to the
6application or interpretation of any ordinance enacted under this section
. Any
7appointing officer, with the consent of a prospective appointee, may request of a
8county or municipal ethics board, or, in the absence of a county or municipal ethics
9board, a county corporation counsel or attorney for a local governmental unit an
10advisory opinion regarding the propriety under an ordinance enacted under this
11section
of any matter to which the prospective appointee is or may become a party.
12The county or municipal ethics board or the county corporation counsel or attorney
13shall review a request for an advisory opinion and may advise the person making the
14request. Advisory opinions and requests therefor shall be in writing. It is prima facie
15evidence of intent to comply with this section or any ordinance enacted under this
16section when a person refers a matter to a county or municipal ethics board or a
17county corporation counsel or attorney for a local governmental unit and abides by
18the advisory opinion, if the material facts are as stated in the opinion request. A
19county or municipal ethics board may authorize a county corporation counsel or
20attorney to act in its stead in instances where delay is of substantial inconvenience
21or detriment to the requesting party. Except as provided in par. (b), neither a county
22corporation counsel or attorney for a local governmental unit nor a member or agent
23of a county or municipal ethics board may make public the identity of an individual
24requesting an advisory opinion or of individuals or organizations mentioned in the
25opinion.
SB1-ASA5, s. 135
1Section 135. 19.59 (6) of the statutes is repealed.
SB1-ASA5, s. 136 2Section 136. 19.59 (7) of the statutes is amended to read:
SB1-ASA5,59,83 19.59 (7) (a) Any person local public official who violates sub. (1) this
4subchapter
may be required to forfeit not more than $1,000 for each violation, and,
5if the court determines that the accused has violated sub. (1) (br) s. 19.45 (13), the
6court may, in addition, order the accused to forfeit an amount equal to the amount
7or value of any political contribution, service, or other thing of value that was
8wrongfully obtained.
SB1-ASA5,59,159 (b) Any person local public official who violates sub. (1) this subchapter may
10be required to forfeit not more than $1,000 for each violation, and, if the court
11determines that a local public official has violated sub. (1) (br) s. 19.45 (13) and no
12political contribution, service or other thing of value was obtained, the court may, in
13addition, order the accused to forfeit an amount equal to the maximum contribution
14authorized under s. 11.26 (1) for the office held or sought by the official, whichever
15amount is greater.
SB1-ASA5, s. 137 16Section 137. 19.59 (8) (a) to (c) of the statutes are amended to read:
SB1-ASA5,59,2117 19.59 (8) (a) Subsection (1) Violations of this subchapter by a local public
18official
shall be enforced prosecuted in the name and on behalf of the state by action
19of the board or, subject to the procedures prescribed in s. 5.05 (2m) (c), by action of
20the
district attorney of for any county wherein a violation may occur, upon the
21verified complaint of any person.
SB1-ASA5,60,222 (b) In addition and supplementary to the remedy provided in sub. (7) for
23violation of this subchapter by any local public official
, the board or district attorney
24may commence an action, separately or in conjunction with an action brought to
25obtain the remedy provided in sub. (7), to obtain such other legal or equitable relief,

1including but not limited to mandamus, injunction or declaratory judgment, as may
2be appropriate under the circumstances.
SB1-ASA5,60,93 (c) If Unless the district attorney is precluded from commencing an action
4under s. 5.05 (2m) (c), if
the district attorney fails to commence an action to enforce
5sub. (1) (a), (b), or (c) to (g) any provision of s. 19.45 except s. 19.45 (13) with respect
6to a local public official
within 20 days after receiving a verified complaint or if the
7district attorney refuses to commence such an action, the person making the
8complaint may petition the attorney general to act upon the complaint. The attorney
9general may then bring an action under par. (a) or (b), or both.
SB1-ASA5, s. 138 10Section 138. 19.59 (8) (cm) of the statutes is repealed.
SB1-ASA5, s. 139 11Section 139. 19.59 (8) (cn) of the statutes is amended to read:
SB1-ASA5,60,2312 19.59 (8) (cn) If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the
13board or district attorney for the county in which a violation of sub. (1) (br) s. 19.45
14(13)
is alleged to occur receives a verified complaint alleging a violation of sub. (1) (br)
15s. 19.45 (13) by a local public official, the board or district attorney shall, within 30
16days after receipt of the complaint, either commence an investigation of the
17allegations contained in the complaint or dismiss the complaint. If the district
18attorney dismisses the complaint, with or without investigation, the district attorney
19shall notify the complainant in writing. Upon receiving notification of the dismissal,
20the complainant may then file the complaint with the attorney general or the district
21attorney for a county that is adjacent to the county in which the violation is alleged
22to occur. The attorney general or district attorney may then investigate the
23allegations contained in the complaint and commence a prosecution.
SB1-ASA5, s. 140 24Section 140. 19.59 (8) (d) of the statutes is amended to read:
SB1-ASA5,61,5
119.59 (8) (d) If the district attorney prevails in such an action, the court shall
2award any forfeiture recovered together with reasonable costs to the county wherein
3the violation occurs. If the board or attorney general prevails in such an action, the
4court shall award any forfeiture recovered together with reasonable costs to the
5state.
SB1-ASA5, s. 141 6Section 141. 19.85 (1) (fm) of the statutes is created to read:
SB1-ASA5,61,87 19.85 (1) (fm) Deliberating by the government accountability board concerning
8any investigation under the board's jurisdiction.
SB1-ASA5, s. 142 9Section 142. 19.85 (1) (h) of the statutes is amended to read:
SB1-ASA5,61,1210 19.85 (1) (h) Consideration of requests for confidential written advice from the
11ethics executive director of the government accountability board under s. 19.46 (2)
12s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).
SB1-ASA5, s. 143 13Section 143. 20.510 (intro.) of the statutes is repealed.
SB1-ASA5, s. 144 14Section 144. 20.510 (1) (title) of the statutes is repealed.
SB1-ASA5, s. 145 15Section 145. 20.510 (1) (a) of the statutes is repealed.
SB1-ASA5, s. 146 16Section 146. 20.510 (1) (bm) of the statutes is repealed.
SB1-ASA5, s. 147 17Section 147. 20.510 (1) (c) of the statutes is repealed.
SB1-ASA5, s. 148 18Section 148. 20.510 (1) (d) of the statutes is repealed.
SB1-ASA5, s. 149 19Section 149. 20.510 (1) (g) of the statutes is repealed.
SB1-ASA5, s. 150 20Section 150. 20.510 (1) (h) of the statutes is repealed.
SB1-ASA5, s. 151 21Section 151. 20.510 (1) (i) of the statutes is repealed.
SB1-ASA5, s. 152 22Section 152. 20.510 (1) (j) of the statutes is repealed.
SB1-ASA5, s. 153 23Section 153. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act
24109
, is repealed.
SB1-ASA5, s. 154 25Section 154. 20.510 (1) (t) of the statutes is repealed.
SB1-ASA5, s. 155
1Section 155. 20.510 (1) (x) of the statutes is repealed.
SB1-ASA5, s. 156 2Section 156. 20.521 (intro.) of the statutes is repealed.
SB1-ASA5, s. 157 3Section 157. 20.521 (1) (title) of the statutes is repealed.
SB1-ASA5, s. 158 4Section 158. 20.521 (1) (a) of the statutes is repealed.
SB1-ASA5, s. 159 5Section 159. 20.521 (1) (b) of the statutes is repealed.
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