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-ASA5,54,5
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-ASA5,56,320
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-ASA5,56,129
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-ASA5,56,1916
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-ASA5,57,1411
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-ASA5,59,83
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. 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. 163
9Section
163. 20.923 (4) (intro.) of the statutes is amended to read:
SB1-ASA5,63,810
20.923
(4) State agency positions. (intro.) State agency heads, the
11administrator of the division of merit recruitment and selection in the office of state
12employment relations
, the administrator of the enforcement division in the
13government accountability board, and commission chairpersons and members shall
14be identified and limited in number in accordance with the standardized
15nomenclature contained in this subsection, and shall be assigned to the executive
16salary groups listed in pars. (a) to (i). Except for positions specified in
par. pars. (c)
173m.
and (e) 2e. and sub. (12), all unclassified division administrator positions
18enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint
19committee on employment relations, by the director of the office of state employment
20relations to one of 10 executive salary groups. The joint committee on employment
21relations, by majority vote of the full committee, may amend recommendations for
22initial position assignments and changes in assignments to the executive salary
23groups submitted by the director of the office of state employment relations. All
24division administrator assignments and amendments to assignments of
25administrator positions approved by the committee shall become part of the
1compensation plan. Whenever a new unclassified division administrator position is
2created, the appointing authority may set the salary for the position until the joint
3committee on employment relations approves assignment of the position to an
4executive salary group. If the committee approves assignment of the position to an
5executive salary group having a salary range minimum or maximum inconsistent
6with the salary paid to the incumbent at the time of such approval, the incumbent's
7salary shall be adjusted by the appointing authority to conform with the committee's
8action, effective on the date of that action. Positions are assigned as follows:
SB1-ASA5, s. 166
11Section
166. 20.923 (4) (e) 2e. of the statutes is created to read:
SB1-ASA5,63,1312
20.923
(4) (e) 2e. Government accountability board: administrator of the
13enforcement division.
SB1-ASA5, s. 167
14Section
167. 20.923 (4) (f) 3j. of the statutes is created to read:
SB1-ASA5,63,1515
20.923
(4) (f) 3j. Government accountability board: executive director.
SB1-ASA5, s. 168
16Section
168. 59.605 (3) (a) 3. of the statutes is amended to read:
SB1-ASA5,64,1017
59.605
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
18The governing body shall provide the election officials with all necessary election
19supplies. The form of the ballot shall correspond substantially with the standard
20form for referendum ballots prescribed by the
elections government accountability 21board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the
22operating levy rate, the question shall be submitted as follows: "Under state law, the
23operating levy rate for the .... (name of county), for the tax to be imposed for the year
24.... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of
25county) be allowed to exceed this rate limit for .... (a specified number of years) (an
1indefinite period) by $.... per $1,000 of equalized value that results in an operating
2levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1.
3specifies the operating levy, the question shall be submitted as follows: "Under state
4law, the operating levy rate for the .... (name of county), for the tax to be imposed for
5the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding
6the operating levy rate limit, shall the .... (name of county) be allowed to levy an
7amount not to exceed $.... (operating levy) for operating purposes for the year ....
8(year), which may increase the operating levy rate for .... (a specified number of
9years) (an indefinite period)? This would allow a ....% increase above the levy of $....
10(preceding year operating levy) for the year .... (preceding year)."
SB1-ASA5, s. 169
11Section
169. 67.05 (3) (b) of the statutes is amended to read:
SB1-ASA5,64,1912
67.05
(3) (b) The clerk of the jurisdiction in which the referendum is held shall
13prepare or arrange for the preparation of the ballots. If the jurisdiction in which the
14referendum is held is not a city, village
, or town, and the clerk of the jurisdiction in
15which the referendum is held prepares the ballots, the clerk shall deliver the ballots
16to the municipal clerk of each city, village
, or town which is wholly or partly contained
17within the jurisdiction in which the referendum is held. The form of the ballot shall
18correspond with the form prescribed by the
elections
government accountability 19board under ss. 5.64 (2) and 7.08 (1) (a).