SB1-SSA1,53,185
19.45
(6) No state public official, member of a state public official's immediate
6family, nor any organization with which the state public official or a member of the
7official's immediate family owns or controls at least 10% of the outstanding equity,
8voting rights, or outstanding indebtedness may enter into any contract or lease
9involving a payment or payments of more than $3,000 within a 12-month period, in
10whole or in part derived from state funds
, unless the state public official has first
11made written disclosure of the nature and extent of such relationship or interest to
12the board and to the department acting for the state in regard to such contract or
13lease. Any contract or lease entered into in violation of this subsection may be voided
14by the state in an action commenced within 3 years of the date on which the
ethics 15board, or the department or officer acting for the state in regard to the allocation of
16state funds from which such payment is derived, knew or should have known that
17a violation of this subsection had occurred. This subsection does not affect the
18application of s. 946.13.
SB1-SSA1, s. 94
19Section
94. 19.46 (1) (intro.) of the statutes is amended to read:
SB1-SSA1,53,2120
19.46
(1) (intro.) Except in accordance with the board's advice under
sub. (2) 21s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:
SB1-SSA1, s. 95
22Section
95. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to
23read:
SB1-SSA1,55,1724
5.05
(6a) Advisory opinions. Any individual, either personally or on behalf of
25an organization or governmental body, may
make a written or electronic request of
1the board
for an advisory opinion regarding the propriety
under chs. 5 to 12, subch.
2III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become
3a party; and any appointing officer, with the consent of a prospective appointee, may
4request of the board an advisory opinion regarding the propriety
under chs. 5 to 12,
5subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective
6appointee is or may become a party. The board shall review a request for an advisory
7opinion and may
advise issue a formal written or electronic advisory opinion to the
8person making the request.
Advisory opinions and requests therefor shall be in
9writing. The Except as authorized or required for opinions specified in sub. (5s) (f)
102., the board's deliberations and actions upon such requests shall be in meetings not
11open to the public.
It is prima facie evidence of intent to comply with this subchapter
12or subch. III of ch. 13 when a person refers a matter to the board and abides by the
13board's advisory opinion No person acting in good faith upon an advisory opinion
14issued by the board is subject to criminal or civil prosecution for so acting, if the
15material facts are as stated in the opinion request.
To have legal force and effect, each
16advisory opinion issued by the board must be supported by specific legal authority
17under a statute or other law, or by specific case or common law authority. Each
18advisory opinion shall include a citation to each statute or other law and each case
19or common law authority upon which the opinion is based, and shall specifically
20articulate or explain which parts of the cited authority are relevant to the board's
21conclusion and why they are relevant. The board may authorize
the executive
22director its legal counsel to
act in its stead in instances where delay is of substantial
23inconvenience or detriment to the requesting party. No issue an informal written
24advisory opinion or to transmit an informal advisory opinion electronically on behalf
25of the board, subject to such limitations as the board deems appropriate. Every
1informal advisory opinion shall be consistent with applicable formal advisory
2opinions issued by the board. If the board disagrees with an informal advisory
3opinion that has been issued on behalf of the board, the board may withdraw the
4opinion or issue a revised advisory opinion and no person acting after the date of the
5withdrawal or issuance of the revised advisory opinion is exempted from prosecution
6under this subsection if the opinion upon which the person's action is based has been
7withdrawn or revised in relevant degree. Except as authorized or required under
8sub. (5s) (f) 2., no member or employee of the board may make public the identity of
9the individual requesting
an a formal or informal advisory opinion or of individuals
10or organizations mentioned in the opinion.
Any person receiving a formal or informal
11advisory opinion under this subsection who disagrees with the opinion may request
12a public or private hearing before the board to discuss the opinion. The board shall
13grant a request for a public or private hearing under this subsection. After hearing
14the matter, the board may reconsider its opinion and may issue a revised opinion to
15the person. Promptly upon issuance of each formal advisory opinion that is not open
16to public access, the board shall publish a summary of the opinion that is consistent
17with applicable requirements under sub. (5s) (f).
SB1-SSA1, s. 96
18Section
96. 19.47 (title) of the statutes is repealed and recreated to read:
SB1-SSA1,55,19
1919.47 (title)
Statements of economic interests.
SB1-SSA1, s. 97
20Section
97. 19.47 (1) and (2) of the statutes are repealed.
SB1-SSA1, s. 98
21Section
98. 19.47 (3) of the statutes is renumbered 19.47.
SB1-SSA1, s. 100
23Section
100. 19.47 (5) of the statutes is renumbered 5.05 (5e) and amended
24to read:
SB1-SSA1,56,12
15.05
(5e) Biennial report.
No later than September 1 of each year, the board
2shall submit a report concerning its actions in the preceding fiscal year to the
3governor and the chief clerk of each house of the legislature, for distribution to the
4legislature under s. 13.172 (2). Such The board shall include in its biennial report
5shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed
6by the board and a summary of its determinations and advisory opinions
. The issued
7under sub. (6a). Except as authorized or required under sub. (5s) (f) 2., the board
8shall make sufficient alterations in the summaries to prevent disclosing the
9identities of individuals or organizations involved in the decisions or opinions.
The
10board may also include in its biennial report any information compiled under s. 11.21
11(7). The board shall make such further reports on the matters within its jurisdiction
12and such recommendations for further legislation as it deems desirable.
SB1-SSA1, s. 101
13Section
101. 19.47 (6) of the statutes is renumbered 5.05 (5f).
SB1-SSA1,56,16
1519.471 Reconstitution of the ethics board. (1) In this section, "secretary"
16means the secretary of administration.
SB1-SSA1,56,25
17(2) If a court invalidates any part of 2007 Wisconsin Act .... (this act), and the
18statutes in effect on the date of publication of that act are revived as provided in 2007
19Wisconsin Act .... (this act), section 210 (8), the ethics board, as it was constituted on
20the date of publication of 2007 Wisconsin Act .... (this act), is reconstituted, but the
21members who were in office on that date do not reassume office. The governor shall
22immediately appoint replacement members. Notwithstanding s. 15.62, 2005 stats.,
23in making the appointment of replacement members, the governor shall designate
24one member who shall serve for an initial term expiring on May 1 of each of the 6
25years following the day after publication of 2007 Wisconsin Act .... (this act).
SB1-SSA1,57,6
1(3) If there is an incumbent administrator of the ethics and accountability
2division of the government accountability board at the time of the reconstitution
3under sub. (2), the incumbent shall become the interim executive director of the
4ethics board and shall serve until the ethics board appoints a successor. The
5executive director is vested with full authority to act on behalf of the ethics board
6until the reconstituted board meets and exercises its authority under the law.
SB1-SSA1,57,16
7(4) If any statute in ch. 11, subd. III of ch. 13, or subch. IV of ch. 19 has been
8created or treated during the period beginning on the day after publication of 2007
9Wisconsin Act .... (this act), and ending on the date of the court decision under sub.
10(2) in a manner inconsistent with the reconstitution under sub. (2), the interim
11executive director of the ethics board shall within 21 days of assuming office under
12this section submit to the appropriate standing committees of the legislature under
13s. 13.172 (3) a proposal to change that statute to conform to the reconstituted
14statutes. The proposal shall not include substantive changes to the text of any
15statute at the time of the court decision other than changes required to effect the
16reconstitution under sub. (2).
SB1-SSA1,58,10
17(5) On the effective date of the reconstitution under sub. (2), all assets and
18liabilities of the government accountability board relating to the administration of
19campaign finance, ethics, and lobbying regulation laws, as determined by the
20secretary, shall become assets and liabilities of the ethics board. As a part of any
21asset allocation determination under this subsection, the secretary may transfer the
22amounts required for the ethics board to resume operation for a period of not more
23than 30 days from the unencumbered balance in any sum certain appropriation of
24the government accountability board to a corresponding appropriation of the ethics
25board. Prior to implementing a determination under this subsection for the period
1beginning 31 days after the effective date of the reconstitution, the secretary shall
2submit a specific description of his or her proposed determination to the
3cochairpersons of the joint committee on finance. If the cochairpersons notify the
4secretary that the committee will not meet to review the proposed determination, or
5if the cochairpersons do not notify the committee that the committee will meet to
6review the determination within 14 days of the secretary's submittal, the proposed
7determination takes effect. If within 14 days of the secretary's submittal the
8cochairpersons notify the secretary that the committee will meet to review the
9proposed determination, the determination, together with any modifications
10approved by the committee, takes effect upon approval by the committee.
SB1-SSA1,58,20
11(6) On the effective date of the reconstitution under sub. (2), all full-time
12equivalent positions in the government accountability board having duties primarily
13related to the administration of campaign finance, ethics, and lobbying regulation
14laws, as determined by the secretary, and the incumbent employees holding those
15positions, are transferred to the ethics board. Employees transferred under this
16subsection have all the rights and the same status under subch. V of ch. 111 and ch.
17230 in the ethics board that they enjoyed in the government accountability board
18immediately before the transfer. Notwithstanding ch. 230, any employee so
19transferred who has attained permanent status in class is not required to serve a
20probationary period.
SB1-SSA1,58,24
21(7) On the effective date of the reconstitution under sub. (2), all tangible
22personal property, including records, of the government accountability board that
23are primarily related to administration of campaign finance, ethics, and lobbying
24regulation laws, as determined by the secretary, are transferred to the ethics board.
SB1-SSA1,59,6
1(8) All contracts entered into by the government accountability board in effect
2on the effective date of the reconstitution under sub. (2) that are primarily related
3to administration of campaign finance, ethics, and lobbying regulation laws, as
4determined by the secretary, are transferred to the ethics board. The ethics board
5shall carry out the obligations under any such contracts until modified or rescinded
6by the ethics board to the extent allowed under the contracts.
SB1-SSA1,59,16
7(9) All rules promulgated by the government accountability board that are in
8effect on the effective date of the reconstitution under sub. (2) and that are primarily
9related to administration of campaign finance, ethics, and lobbying regulation laws,
10as determined by the secretary, remain in effect until their specified expiration dates
11or until amended or repealed by the ethics board. All orders issued by the
12government accountability board that are in effect on the effective date of the
13reconstitution under sub. (2) and that are primarily related to administration of
14campaign finance, ethics, and lobbying regulation laws, as determined by the
15secretary, remain in effect until their specified expiration dates or until modified or
16rescinded by the ethics board.
SB1-SSA1,59,23
17(10) Any matter pending with the government accountability board on the
18effective date of the reconstitution under sub. (2) that is primarily related to
19administration of campaign finance, ethics, and lobbying regulation laws, as
20determined by the secretary, is transferred to the ethics board, and all materials
21submitted or actions taken by the government accountability board with respect to
22the pending matter are considered as having been submitted to or taken by the ethics
23board.
SB1-SSA1, s. 105
1Section
105. 19.49 (1m) of the statutes is renumbered 5.05 (2m) (c) 2. b.
SB1-SSA1, s. 106
2Section
106. 19.49 (2) of the statutes is renumbered 5.05 (2m) (c) 3. and
3amended to read:
SB1-SSA1,60,84
5.05
(2m) (c) 3. Any person to whom
this subchapter or subch. III of ch. 13
or
5subch. III of ch. 19 may have application may request the board to make an
6investigation of his or her own conduct or of allegations made by other persons as to
7his or her conduct. Such a request shall be made in writing and shall set forth in
8detail the reasons therefor.
SB1-SSA1, s. 109
11Section
109. 19.49 (5) of the statutes is renumbered 5.05 (2m) (g) and amended
12to read:
SB1-SSA1,60,1513
5.05
(2m) (g) 1. Except as provided in
par. (b) subd. 2., no action may be taken
14on any complaint that is filed later than 3 years after a violation of
this subchapter
15or subch. III of ch. 13
or subch. III of ch. 19 is alleged to have occurred.
SB1-SSA1,60,1816
2. The period of limitation under
par. (a) subd. 1. is tolled for a complaint
17alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
18a complaint may not be filed under
s. 19.49 (1m)
par. (c) 2. b. or
s. 19.59 (8) (cm).
SB1-SSA1, s. 111
20Section
111. 19.50 (intro.) and (1) of the statutes are renumbered 5.05 (2m)
21(f) (intro.) and 1. and amended to read:
SB1-SSA1,60,2422
5.05
(2m) (f) (intro.) Pursuant to any investigation authorized under
s. 19.49
23(3) or any hearing conducted under this subchapter or subch. III of ch. 13 par. (c), the
24board has the power:
SB1-SSA1,61,4
11. To require any person to submit in writing such reports and answers to
2questions relevant to the proceedings
conducted under this subchapter or subch. III
3of ch. 13 as the board may prescribe, such submission to be made within such period
4and under oath or otherwise as the board may determine.
SB1-SSA1, s. 113
6Section
113. 19.50 (3) of the statutes is renumbered 5.05 (2m) (f) 2. and
7amended to read:
SB1-SSA1,61,118
5.05
(2m) (f) 2. To order testimony to be taken by deposition before any
9individual who is designated by the board and has the power to administer oaths,
10and, in such instances, to compel testimony and the production of evidence in the
11same manner as authorized by sub.
(2) (1) (b).
SB1-SSA1, s. 114
12Section
114. 19.50 (4) and (5) of the statutes are renumbered 5.05 (2m) (f) 4.
13and 5.
SB1-SSA1, s. 116
15Section
116. 19.51 (1) (intro.) of the statutes is renumbered 5.05 (2m) (c) 9. and
16amended to read:
SB1-SSA1,62,217
5.05
(2m) (c) 9. At the conclusion of its investigation, the board shall, in
18preliminary written findings of fact and conclusions based thereon, make a
19determination of whether or not probable cause exists to believe that a violation
of 20this subchapter or subch. III of ch. 13 under subd. 2. has occurred
or is occurring.
21If the board determines that no probable cause exists, it shall
dismiss the complaint.
22Whenever the board dismisses a complaint or a complaint is deemed to be dismissed
23under subd. 5., the board shall immediately send written notice of
such
24determination the dismissal to the accused and to the party who made the complaint.
25If the board determines that there is probable cause for believing that a violation of
1this subchapter or subch. III of ch. 13 has been committed, its preliminary findings
2of fact and conclusions may contain:
SB1-SSA1, s. 117
3Section
117. 19.51 (1) (a) and (b) of the statutes are repealed.
SB1-SSA1, s. 118
4Section
118. 19.51 (2) of the statutes is renumbered 5.05 (2m) (c) 10.
SB1-SSA1, s. 123
9Section
123. 19.53 (6) of the statutes is renumbered 19.579 (1) and amended
10to read:
SB1-SSA1,63,311
19.579
(1) An order requiring the accused Except as provided in sub. (2), any
12person who violates this subchapter may be required to forfeit not more than $500
13for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each
14violation of any other provision of this subchapter
, or not more than the applicable
15amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the
board court 16determines that the accused has realized economic gain as a result of the violation,
17the
board court may, in addition, order the accused to forfeit the amount gained as
18a result of the violation. In addition, if the
board
court determines that a state public
19official has violated s. 19.45 (13), the
board court may order the official to forfeit an
20amount equal to the amount or value of any political contribution, service, or other
21thing of value that was wrongfully obtained. If the
board court determines that a
22state public official has violated s. 19.45 (13) and no political contribution, service or
23other thing of value was obtained, the
board court may order the official to forfeit an
24amount equal to the maximum contribution authorized under s. 11.26 (1) for the
25office held or sought by the official, whichever amount is greater. The attorney
1general, when so requested by the board, shall institute proceedings to recover any
2forfeiture incurred under this section
or s. 19.545 which is not paid by the person
3against whom it is assessed.
SB1-SSA1,63,199
19.55
(1) Except as provided in sub. (2)
and s. 5.05 (5s), all records
under this
10subchapter or subch. III of ch. 13 in the possession of the board are open to public
11inspection at all reasonable times. The board shall require an individual wishing to
12examine a statement of economic interests or the list of persons who inspect any
13statements which are in the board's possession to provide his or her full name and
14address, and if the individual is representing another person, the full name and
15address of the person which he or she represents. Such identification may be
16provided in writing or in person. The board shall record and retain for at least 3 years
17information obtained by it pursuant to this subsection. No individual may use a
18fictitious name or address or fail to identify a principal in making any request for
19inspection.
SB1-SSA1, s. 129
20Section
129. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (f) 1. and
21amended to read:
SB1-SSA1,64,422
5.05
(5s) (f) 1.
Records Except as authorized or required under subd. 2., records 23obtained in connection with a request for an advisory opinion
issued under s. 5.05
24(6a), other than summaries of advisory opinions that do not disclose the identity of
25individuals requesting such opinions or organizations on whose behalf they are
1requested
, are not subject to the right of inspection and copying under s. 19.35 (1).
2Except as authorized or required under subd. 2., the board shall make sufficient
3alterations in the summaries to prevent disclosing the identities of individuals or
4organizations involved in the opinions.
SB1-SSA1,64,7
52. a. The board may
, however, make
such records
under subd. 1. public with the
6consent of the individual requesting the advisory opinion or the organization or
7governmental body on whose behalf it is requested.
SB1-SSA1,64,12
8b. A person who makes or purports to make public the substance of or any
9portion of an advisory opinion requested by or on behalf of the person is deemed to
10have waived the confidentiality of the request for an advisory opinion and of any
11records obtained or prepared by the board in connection with the request for an
12advisory opinion.
SB1-SSA1, s. 130
13Section
130. 19.55 (2) (b) of the statutes is renumbered 5.05 (5s) (intro.) and
14amended to read:
SB1-SSA1,64,1815
5.05
(5s) (intro.) Records obtained or prepared by the board in connection with
16an investigation
, including the full text of any complaint received by the board, are
17not subject to the right of inspection and copying under s. 19.35 (1), except
as
18provided in pars. (d) and (e) and except that
the
:
SB1-SSA1,64,23
19(a) The board shall permit inspection of records that are
made public 20distributed or discussed in the course of a
meeting or hearing by the board
to
21determine if a violation of this subchapter or subch. III of ch. 13 has occurred. 22Whenever the board refers such investigation and hearing records to a district
23attorney or to the attorney general, they in open session.
SB1-SSA1,65,3
1(b) Investigatory records of the board may be made public in the course of a
2prosecution initiated under
this subchapter chs. 5 to 12, subch. III of ch. 13, or subch.
3III of ch. 19.
SB1-SSA1,65,7
4(c) The board shall
also provide information from investigation and hearing
5records that pertains to the location of individuals and assets of individuals as
6requested under s. 49.22 (2m) by the department of workforce development or by a
7county child support agency under s. 59.53 (5).
SB1-SSA1, s. 131
8Section
131. 19.55 (2) (c) of the statutes is amended to read:
SB1-SSA1,65,159
19.55
(2) (c) Statements of economic interests and reports of economic
10transactions which are filed with the
ethics government accountability board by
11members or employees of the investment board, except that the
ethics government
12accountability board shall refer statements and reports filed by such individuals to
13the legislative audit bureau for its review, and except that a statement of economic
14interests filed by a member or employee of the investment board who is also an
15official required to file shall be open to public inspection.
SB1-SSA1, s. 132
16Section
132. 19.579 (title) of the statutes is amended to read:
SB1-SSA1,65,17
1719.579 (title)
Civil penalty penalties.
SB1-SSA1, s. 133
18Section
133. 19.579 of the statutes is renumbered 19.579 (2).
SB1-SSA1, s. 134
19Section
134. 19.59 (1) (g) 8. of the statutes is amended to read:
SB1-SSA1,66,720
19.59
(1) (g) 8. No district board member, member of a district board member's
21immediate family, nor any organization with which the district board member or a
22member of the district board member's immediate family owns or controls at least
2310% of the outstanding equity, voting rights, or outstanding indebtedness may enter
24into any contract or lease involving a payment or payments of more than $3,000
25within a 12-month period, in whole or in part derived from district funds unless the
1district board member has first made written disclosure of the nature and extent of
2such relationship or interest to the
ethics government accountability board and to
3the district. Any contract or lease entered into in violation of this subdivision may
4be voided by the district in an action commenced within 3 years of the date on which
5the
ethics government accountability board, or the district, knew or should have
6known that a violation of this subdivision had occurred. This subdivision does not
7affect the application of s. 946.13.
SB1-SSA1, s. 135
8Section
135. 19.85 (1) (h) of the statutes is amended to read:
SB1-SSA1,66,119
19.85
(1) (h) Consideration of requests for confidential written advice from the
10ethics government accountability board under s.
19.46 (2) 5.05 (6a), or from any
11county or municipal ethics board under s. 19.59 (5).
SB1-SSA1,66,21
1319.851 Closed sessions by government accountability board. The
14government accountability board shall hold each meeting of the board for the
15purpose of deliberating concerning an investigation of any violation of the law under
16the jurisdiction of the ethics and accountability division of the board in closed session
17under this section. Prior to convening under this section, the government
18accountability board shall vote to convene in closed session in the manner provided
19in s. 19.85 (1). No business may be conducted by the government accountability
20board at any closed session under this section except that which relates to the
21purposes of the session as authorized in this section or as authorized in s. 19.85 (1).
SB1-SSA1, s. 137
22Section
137. 20.005 (3) (schedule) of the statutes: at the appropriate place,
23insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB1-SSA1, s. 139
3Section
139. 20.455 (1) (b) of the statutes is amended to read:
SB1-SSA1,67,64
20.455
(1) (b)
Special counsel. A sum sufficient, subject to the
procedure 5procedures established in
s. ss. 5.05 (2m) (c) and 14.11 (2) (c), for the compensation
6of special counsel appointed as provided in ss.
5.05 (2m) (c) and 14.11 (2) and 21.13.
SB1-SSA1, s. 143
10Section
143. 20.510 (1) (b) of the statutes is renumbered 20.511 (1) (b).
SB1-SSA1, s. 144
1Section
144. 20.510 (1) (bm) of the statutes is renumbered 20.511 (1) (bm).