Amendment ASA5-SB1

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SB1-ASA5, s. 124 Section 124. 19.579 of the statutes is repealed and recreated to read: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

SB1-ASA5, s. 134 Section 134. 19.59 (5) (a) of the statutes is amended to read:

SB1-ASA5,58,25 19.59 (5) (a) Any individual, either personally or on behalf of an organization or governmental body, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit, an advisory opinion regarding the propriety of any matter to which the person is or may become a party with respect to the application or interpretation of any ordinance enacted under this section. Any appointing officer, with the consent of a prospective appointee, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit an advisory opinion regarding the propriety under an ordinance enacted under this section of any matter to which the prospective appointee is or may become a party. The county or municipal ethics board or the county corporation counsel or attorney 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. It is prima facie evidence of intent to comply with this section or any ordinance enacted under this section when a person refers a matter to a county or municipal ethics board or a county corporation counsel or attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. A county or municipal ethics board may authorize a county corporation counsel or attorney to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. Except as provided in par. (b), neither a county corporation counsel or attorney for a local governmental unit nor a member or agent of a county or municipal ethics board may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

SB1-ASA5, s. 135 Section 135. 19.59 (6) of the statutes is repealed.

SB1-ASA5, s. 136 Section 136. 19.59 (7) of the statutes is amended to read:

SB1-ASA5,59,8 19.59 (7) (a) Any person local public official who violates sub. (1) this subchapter may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br) s. 19.45 (13), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

SB1-ASA5,59,15 (b) Any person local public official who violates sub. (1) this subchapter may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused 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.

SB1-ASA5, s. 137 Section 137. 19.59 (8) (a) to (c) of the statutes are amended to read:

SB1-ASA5,59,21 19.59 (8) (a) Subsection (1) Violations of this subchapter by a local public official shall be enforced prosecuted in the name and on behalf of the state by action of the board or, subject to the procedures prescribed in s. 5.05 (2m) (c), by action of the district attorney of for any county wherein a violation may occur, upon the verified complaint of any person.

SB1-ASA5,60,2 (b) In addition and supplementary to the remedy provided in sub. (7) for violation of this subchapter by any local public official, the board or district attorney may commence an action, separately or in conjunction with an action brought to obtain the remedy provided in sub. (7), to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.

SB1-ASA5,60,9 (c) If Unless the district attorney is precluded from commencing an action under s. 5.05 (2m) (c), if the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) any provision of s. 19.45 except s. 19.45 (13) with respect to a local public official within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

SB1-ASA5, s. 138 Section 138. 19.59 (8) (cm) of the statutes is repealed.

SB1-ASA5, s. 139 Section 139. 19.59 (8) (cn) of the statutes is amended to read:

SB1-ASA5,60,23 19.59 (8) (cn) If Subject to the procedures prescribed in s. 5.05 (2m) (c), if the board or district attorney for the county in which a violation of sub. (1) (br) s. 19.45 (13) is alleged to occur receives a verified complaint alleging a violation of sub. (1) (br) s. 19.45 (13) by a local public official, the board or district attorney shall, within 30 days after receipt of the complaint, either commence an investigation of the allegations contained in the complaint or dismiss the complaint. If the district attorney dismisses the complaint, with or without investigation, the district attorney shall notify the complainant in writing. Upon receiving notification of the dismissal, the complainant may then file the complaint with the attorney general or the district attorney for a county that is adjacent to the county in which the violation is alleged to occur. The attorney general or district attorney may then investigate the allegations contained in the complaint and commence a prosecution.

SB1-ASA5, s. 140 Section 140. 19.59 (8) (d) of the statutes is amended to read:

SB1-ASA5,61,5 19.59 (8) (d) If the district attorney prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the county wherein the violation occurs. If the board or attorney general prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the state.

SB1-ASA5, s. 141 Section 141. 19.85 (1) (fm) of the statutes is created to read:

SB1-ASA5,61,8 19.85 (1) (fm) Deliberating by the government accountability board concerning any investigation under the board's jurisdiction.

SB1-ASA5, s. 142 Section 142. 19.85 (1) (h) of the statutes is amended to read:

SB1-ASA5,61,12 19.85 (1) (h) Consideration of requests for confidential written advice from the ethics executive director of the government accountability board under s. 19.46 (2) s. 5.05 (6a), or from any county or municipal ethics board under s. 19.59 (5).

SB1-ASA5, s. 143 Section 143. 20.510 (intro.) of the statutes is repealed.

SB1-ASA5, s. 144 Section 144. 20.510 (1) (title) of the statutes is repealed.

SB1-ASA5, s. 145 Section 145. 20.510 (1) (a) of the statutes is repealed.

SB1-ASA5, s. 146 Section 146. 20.510 (1) (bm) of the statutes is repealed.

SB1-ASA5, s. 147 Section 147. 20.510 (1) (c) of the statutes is repealed.

SB1-ASA5, s. 148 Section 148. 20.510 (1) (d) of the statutes is repealed.

SB1-ASA5, s. 149 Section 149. 20.510 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 150 Section 150. 20.510 (1) (h) of the statutes is repealed.

SB1-ASA5, s. 151 Section 151. 20.510 (1) (i) of the statutes is repealed.

SB1-ASA5, s. 152 Section 152. 20.510 (1) (j) of the statutes is repealed.

SB1-ASA5, s. 153 Section 153. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB1-ASA5, s. 154 Section 154. 20.510 (1) (t) of the statutes is repealed.

SB1-ASA5, s. 155 Section 155. 20.510 (1) (x) of the statutes is repealed.

SB1-ASA5, s. 156 Section 156. 20.521 (intro.) of the statutes is repealed.

SB1-ASA5, s. 157 Section 157. 20.521 (1) (title) of the statutes is repealed.

SB1-ASA5, s. 158 Section 158. 20.521 (1) (a) of the statutes is repealed.

SB1-ASA5, s. 159 Section 159. 20.521 (1) (b) of the statutes is repealed.

SB1-ASA5, s. 160 Section 160. 20.521 (1) (g) of the statutes is repealed.

SB1-ASA5, s. 161 Section 161. 20.521 (1) (h) of the statutes is repealed.

SB1-ASA5, s. 162 Section 162. 20.521 (1) (i) of the statutes is repealed.

SB1-ASA5, s. 163 Section 163. 20.923 (4) (intro.) of the statutes is amended to read:

SB1-ASA5,63,8 20.923 (4) State agency positions. (intro.) State agency heads, the administrator of the division of merit recruitment and selection in the office of state employment relations, the administrator of the enforcement division in the government accountability board, and commission chairpersons and members shall be identified and limited in number in accordance with the standardized nomenclature contained in this subsection, and shall be assigned to the executive salary groups listed in pars. (a) to (i). Except for positions specified in par. pars. (c) 3m. and (e) 2e. and sub. (12), all unclassified division administrator positions enumerated under s. 230.08 (2) (e) shall be assigned, when approved by the joint committee on employment relations, by the director of the office of state employment relations to one of 10 executive salary groups. The joint committee on employment relations, by majority vote of the full committee, may amend recommendations for initial position assignments and changes in assignments to the executive salary groups submitted by the director of the office of state employment relations. All division administrator assignments and amendments to assignments of administrator positions approved by the committee shall become part of the compensation plan. Whenever a new unclassified division administrator position is created, the appointing authority may set the salary for the position until the joint committee on employment relations approves assignment of the position to an executive salary group. If the committee approves assignment of the position to an executive salary group having a salary range minimum or maximum inconsistent with the salary paid to the incumbent at the time of such approval, the incumbent's salary shall be adjusted by the appointing authority to conform with the committee's action, effective on the date of that action. Positions are assigned as follows:

SB1-ASA5, s. 164 Section 164. 20.923 (4) (d) 3. of the statutes is repealed.

SB1-ASA5, s. 165 Section 165. 20.923 (4) (d) 4. of the statutes is repealed.

SB1-ASA5, s. 166 Section 166. 20.923 (4) (e) 2e. of the statutes is created to read:

SB1-ASA5,63,13 20.923 (4) (e) 2e. Government accountability board: administrator of the enforcement division.

SB1-ASA5, s. 167 Section 167. 20.923 (4) (f) 3j. of the statutes is created to read:

SB1-ASA5,63,15 20.923 (4) (f) 3j. Government accountability board: executive director.

SB1-ASA5, s. 168 Section 168. 59.605 (3) (a) 3. of the statutes is amended to read:

SB1-ASA5,64,10 59.605 (3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to exceed this rate limit for .... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the .... (name of county), for the tax to be imposed for the year .... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the .... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year .... (year), which may increase the operating levy rate for .... (a specified number of years) (an indefinite period)? This would allow a ....% increase above the levy of $.... (preceding year operating levy) for the year .... (preceding year)."

SB1-ASA5, s. 169 Section 169. 67.05 (3) (b) of the statutes is amended to read:

SB1-ASA5,64,19 67.05 (3) (b) The clerk of the jurisdiction in which the referendum is held shall prepare or arrange for the preparation of the ballots. If the jurisdiction in which the referendum is held is not a city, village, or town, and the clerk of the jurisdiction in which the referendum is held prepares the ballots, the clerk shall deliver the ballots to the municipal clerk of each city, village, or town which is wholly or partly contained within the jurisdiction in which the referendum is held. The form of the ballot shall correspond with the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a).

SB1-ASA5, s. 170 Section 170. 67.05 (6) of the statutes is amended to read:

SB1-ASA5,65,9 67.05 (6) Referendum in other cases. Whenever an initial resolution has been adopted by the governing body of any municipality other than a county, a town, a city, a village, a technical college district, a metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, a town sanitary district, a public inland lake protection and rehabilitation district, or a board of park commissioners, the clerk of such municipality shall immediately record the resolution and call a special meeting for the purpose of submitting it to the electors of the municipality for ratification or rejection. The calling and conduct of the meeting shall be governed by those statutes, so far as applicable, which govern the calling and conduct of special meetings in general. The notice of the meeting, which shall be publicly read before the balloting shall commence, and the ballot used, shall embody a copy of the resolution; the form of the ballot shall correspond with the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a); and the question submitted shall be whether the resolution shall be approved.

SB1-ASA5, s. 171 Section 171. 71.10 (3) (b) of the statutes is amended to read:

SB1-ASA5,65,19 71.10 (3) (b) The secretary of revenue shall provide a place for those designations on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the elections government accountability board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return.

SB1-ASA5, s. 172 Section 172. 71.10 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA5,66,17 71.10 (3) (b) The secretary of revenue shall ensure that space for the designations under par. (am) is provided on the face of the individual income tax return in a manner that is convenient to the individual filing the return. The secretary of revenue shall provide next to the place on the return where designation under par. (am) is made a statement that a designation will increase tax liability, that the amount of a designation may be claimed as a credit under s. 71.07 (6s), and that by making a designation the individual is also claiming the credit. The department of revenue shall ensure that an individual may make the designation under par. (am) and claim the credit under s. 71.07 (6s) by marking only one box, which shall be on the face of the individual income tax return. The secretary of revenue shall also provide and highlight a place in the instructions that accompany the return for information submitted to the secretary by the government accountability board under s. 11.50 (2m) without cost to the board. Annually on August 15, the secretary of revenue shall certify to the government accountability board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year and the amount of designations made during that fiscal year for the general account and for the account of each eligible political party. If any individual designates an amount greater than the amount authorized under par. (am) or attempts to place any condition or restriction upon a designation not authorized under par. (am), that individual is deemed not to have made a designation on his or her tax return.

SB1-ASA5, s. 173 Section 173. 73.0301 (1) (d) 13. of the statutes is amended to read:

SB1-ASA5,66,20 73.0301 (1) (d) 13. A license issued by the ethics government accountability board under s. 13.63 (1).

SB1-ASA5, s. 174 Section 174. 73.0301 (1) (e) of the statutes is amended to read:

SB1-ASA5,67,3 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics government accountability board; the department of financial institutions; the department of health and family services; the department of natural resources; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.

SB1-ASA5, s. 175 Section 175. 85.61 (1) of the statutes is amended to read:

SB1-ASA5,67,13 85.61 (1) The secretary of transportation and the executive director of the elections government accountability board shall enter into an agreement to match personally identifiable information on the official registration list maintained by the elections government accountability board under s. 6.36 (1) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the executive director of the elections government accountability board to verify the accuracy of the information provided for the purpose of voter registration.

SB1-ASA5, s. 176 Section 176. 117.20 (2) of the statutes is amended to read:

SB1-ASA5,67,25 117.20 (2) The clerk of each affected school district shall publish notice, as required under s. 8.55, in the territory of that school district. The procedures for school board elections under s. 120.06 (9), (11), (13), and (14) apply to a referendum held under this section. The school board and school district clerk of each affected school district shall each perform, for that school district, the functions assigned to the school board and the school district clerk, respectively, under those subsections. The form of the ballot shall correspond to the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a). The clerk of each affected school district shall file with the secretary of the board a certified statement prepared by the school district board of canvassers of the results of the referendum in that school district.

SB1-ASA5, s. 177 Section 177. 117.27 (2) (b) (intro.) of the statutes is amended to read:

SB1-ASA5,68,6 117.27 (2) (b) (intro.) The school district clerk shall include in the notice of the spring election a statement that the election ballot will include a question on the change requested by the petition. The form of the ballot shall correspond to the form prescribed by the elections government accountability board under ss. 5.64 (2) and 7.08 (1) (a) and the question on the ballot shall be: