19.42(10)(ab)
(ab) A member or employee of the ethics commission.
19.42(10)(b)
(b) A member of a technical college district board or district director of a technical college, or any individual occupying the position of assistant, associate or deputy district director of a technical college.
19.42(10)(d)
(d) A state public official whose appointment to state public office requires the advice and consent of the senate, except a member of the board of directors of the Bradley Center Sports and Entertainment Corporation created under ch.
232.
19.42(10)(e)
(e) An individual appointed by the governor or the state superintendent of public instruction pursuant to s.
17.20 (2) other than a trustee of any private higher educational institution receiving state appropriations.
19.42(10)(f)
(f) An auditor for the legislative audit bureau.
19.42(10)(g)
(g) The chief clerk and sergeant at arms of each house of the legislature.
19.42(10)(h)
(h) The members and employees of the Wisconsin Housing and Economic Development Authority, except clerical employees.
19.42(10)(j)
(j) A member or the executive director of the judicial commission.
19.42(10)(k)
(k) A division administrator of an office created under ch.
14 or a department or independent agency created or continued under ch.
15.
19.42(10)(L)
(L) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.
19.42(10)(n)
(n) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
19.42(10)(o)
(o) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.
19.42(10)(q)
(q) The executive director and members of the board of directors of the Wisconsin Aerospace Authority.
19.42(10)(r)
(r) The employees and members of the board of directors of the Lower Fox River Remediation Authority.
19.42(10)(sm)
(sm) The employees of the Wisconsin Economic Development Corporation and the members of the board of directors of the Wisconsin Economic Development Corporation employed in the private sector who are appointed by the speaker of the assembly and the senate majority leader.
19.42(11)
(11) “Organization" means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic.
19.42(11m)
(11m) “Political party" means a political organization under whose name individuals who seek elective public office appear on the ballot at any election or any national, state, or local unit or affiliate of that organization.
19.42(12)
(12) “Security" has the meaning given under s.
551.102 (28), except that the term does not include any of the following:
19.42(12)(a)
(a) A certificate of deposit or a deposit in a savings and loan association, savings bank, credit union or similar association organized under the laws of any state.
19.42(12)(f)
(f) An exchange-traded fund or exchange-traded note.
19.42(13)(a)
(a) All positions to which individuals are regularly appointed by the governor, except the position of trustee of any private higher educational institution receiving state appropriations and the position of member of the district board of a local professional baseball park district created under subch.
III of ch. 229 and the position of member of the district board of a local cultural arts district created under subch.
V of ch. 229.
19.42(13)(b)
(b) The positions of associate and assistant vice presidents of the University of Wisconsin System.
19.42(13)(cm)
(cm) The president and vice presidents of the University of Wisconsin System and the chancellors and vice chancellors of all University of Wisconsin institutions, the University of Wisconsin Colleges, and the University of Wisconsin-Extension.
19.42(13)(e)
(e) The chief clerk and sergeant at arms of each house of the legislature or a full-time, permanent employee occupying the position of auditor for the legislative audit bureau.
19.42(13)(f)
(f) A member of a technical college district board or district director of a technical college, or any position designated as assistant, associate or deputy district director of a technical college.
19.42(13)(g)
(g) The members and employees of the Wisconsin Housing and Economic Development Authority, except clerical employees.
19.42(13)(i)
(i) A member or the executive director of the judicial commission.
19.42(13)(j)
(j) A division administrator of an office created under ch.
14 or a department or independent agency created or continued under ch.
15.
19.42(13)(k)
(k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.
19.42(13)(m)
(m) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.
19.42(13)(n)
(n) The chief executive officer and members of the board of directors of the Fox River Navigational System Authority.
19.42(13)(om)
(om) The employees of the Wisconsin Economic Development Corporation and the members of the board of directors of the Wisconsin Economic Development Corporation employed in the private sector who are appointed by the speaker of the assembly and the senate majority leader.
19.42(13)(p)
(p) All members of the elections commission and all members of the ethics commission.
19.42(14)
(14) “State public official" means any individual holding a state public office.
19.42 History
History: 1973 c. 90; Stats. 1973 s. 11.02;
1973 c. 333;
1973 c. 334 ss.
33,
57; Stats. 1973 s. 19.42;
1977 c. 29,
223,
277;
1977 c. 447 ss.
35,
209;
1979 c. 34,
177,
221;
1981 c. 20,
269,
349,
391;
1983 a. 27;
1983 a. 81 s.
11;
1983 a. 83 s.
20;
1983 a. 166 ss.
1 to
4,
16;
1983 a. 484,
538;
1985 a. 26;
1985 a. 29 s.
3202 (46);
1985 a. 304;
1987 a. 72,
119;
1987 a. 312 s.
17;
1987 a. 340,
365,
399,
403;
1989 a. 31,
338;
1991 a. 39,
189,
221,
269;
1993 a. 16,
263,
399;
1995 a. 27,
56,
274;
1997 a. 27;
1997 a. 237 ss.
19m,
722q;
1997 a. 298;
1999 a. 42,
65;
2001 a. 16,
104,
109;
2003 a. 39;
2005 a. 335;
2007 a. 1,
20,
196;
2009 a. 28;
2011 a. 7,
10,
32,
229;
2013 a. 20 ss.
193o,
193q,
2365m,
9448;
2013 a. 203;
2015 a. 117,
118,
196,
261;
2021 a. 266,
267.
19.42 Cross-reference
Cross-reference: See also s.
ETH 16.02, Wis. adm. code.
19.42 Note
Law Revision Committee Note, 1983: This bill establishes consistency in the usage of the terms “person", “individual" and “organization" in the code of ethics for state public officials. The term “person" is the broadest of these terms, and refers to any legal entity. The use of the term “person" in the bill is consistent with the definition of the word in s. 990.01 (26), stats., which provides that “person" includes all partnerships, associations and bodies politic or corporate". The term “organization" is narrower, and is defined in s. 19.42 (11), stats., as “any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic". “Individual", although not specifically defined in the current statutes or in this bill, is used consistently in this bill to refer to natural persons.
19.42 Annotation
The term “income" is used several times in the code of ethics for state public officials. This bill clarifies the current definition of income by providing a specific cross-reference to the internal revenue code and by providing that the definition refers to the most recent version of the internal revenue code which has been adopted by the legislature for state income tax purposes.
19.42 Annotation
When a person holds two government positions, one included in and the other exempted from the definition of state public official, the applicability of this subchapter depends upon the capacity in which the person acted. 64 Atty. Gen. 143.
19.43
19.43
Financial disclosure. 19.43(1)(1)
Each individual who in January of any year is an official required to file, and who is an official required to file for at least 14 days in that year, shall file with the commission no later than April 30 of that year a statement of economic interests meeting each of the requirements of s.
19.44 (1). The information contained on the statement shall be current as of December 31 of the preceding year.
19.43(2)
(2) An official required to file shall file with the commission a statement of economic interests meeting each of the requirements of s.
19.44 (1) no later than 21 days following the date he or she assumes office if the official has not previously filed a statement of economic interests with the commission during that year. The information on the statement shall be current as per the date he or she assumes office.
19.43(2m)
(2m) Each individual who is an official required to file shall file with the commission a statement of economic interests meeting each of the requirements of s.
19.44 (1) no later than 21 days following the date on which the individual's term of office ends or the individual leaves the office. The information contained on the statement shall be current as of the date on which the individual's term of office ends or the individual leaves the office. An individual who files a statement as provided under this subsection is not required to file another statement of economic interests until such time as the individual again becomes an official required to file.
19.43(3)
(3) A nominee shall file with the commission a statement of economic interests meeting each of the requirements of s.
19.44 (1) within 21 days of being nominated unless the nominee has previously filed a statement of economic interests with the commission during that year. The information on the statement shall be current as per the date he or she was nominated. Following the receipt of a nominee's statement of economic interests, the commission shall forward copies of such statement to the members of the committee of the senate to which the nomination is referred.
19.43(4)
(4) A candidate for state public office shall file with the commission a statement of economic interests meeting each of the requirements of s.
19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s.
8.05 (1) (j),
8.10 (2) (a),
8.15 (1), or
8.20 (8) (a); no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus; or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s.
8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s.
7.08 (2) (a), the elections commission, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections commission, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.
19.43(5)
(5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the commission a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the commission and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution, or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s.
19.44 if a statement of economic interests were being filed.
19.43(7)
(7) If an official required to file fails to make a timely filing, the commission shall promptly provide notice of the delinquency to the secretary of administration, and to the chief executive of the department of which the official's office or position is a part, or, in the case of a district attorney, to the chief executive of that department and to the county clerk of each county served by the district attorney or in the case of a municipal judge to the clerk of the municipality of which the official's office is a part, or in the case of a justice, court of appeals judge, or circuit judge, to the director of state courts. Upon such notification both the secretary of administration and the department, municipality, or director shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the official until the commission notifies the officers to whom notice of the delinquency was provided that the official has complied with this section.
19.43(8)
(8) On its own motion or at the request of any individual who is required to file a statement of economic interests, the commission may extend the time for filing or waive any filing requirement if the commission determines that the literal application of the filing requirements of this subchapter would work an unreasonable hardship on that individual or that the extension of the time for filing or waiver is in the public interest. The commission shall set forth in writing as a matter of public record its reason for the extension or waiver.
19.43 Cross-reference
Cross-reference: See also ch.
ETH 15, Wis. adm. code.
19.43 Annotation
The extent of confidentiality of investment board nominees' statements of economic interests rests in the sound discretion of the senate committee to which the nomination is referred under sub. (3). 68 Atty. Gen. 378.
19.43 Annotation
Discussing the possible conflict between requirements of financial disclosure and confidentiality requirements for lawyers. 68 Atty. Gen. 411.
19.43 Annotation
Sub. (8) does not authorize the ethics board to extend the date by which a candidate must file a statement of economic interest and cannot waive the filing requirement.
81 Atty. Gen. 85.
19.44
19.44
Form of statement. 19.44(1)(1)
Every statement of economic interests which is required to be filed under this subchapter shall be in the form prescribed by the commission, and shall contain the following information:
19.44(1)(a)
(a) The identity of every organization with which the individual required to file is associated and the nature of his or her association with the organization, except that no identification need be made of:
19.44(1)(a)1.
1. Any organization which is described in section
170 (c) of the internal revenue code.
19.44(1)(a)2.
2. Any organization which is organized and operated primarily to influence voting at an election including support for or opposition to an individual's present or future candidacy or to a present or future referendum.
19.44(1)(a)3.
3. Any nonprofit organization which is formed exclusively for social purposes and any nonprofit community service organization.
19.44(1)(b)
(b) The identity of every organization or body politic in which the individual who is required to file or that individual's immediate family, severally or in the aggregate, owns, directly or indirectly, securities having a value of $5,000 or more, the identity of such securities and their approximate value, except that no identification need be made of a security or issuer of a security when it is issued by any organization not doing business in this state or by any government or instrumentality or agency thereof, or an authority or public corporation created and regulated by an act of such government, other than the state of Wisconsin, its instrumentalities, agencies and political subdivisions, or authorities or public corporations created and regulated by an act of the legislature.
19.44(1)(c)
(c) The name of any creditor to whom the individual who is required to file or such individual's immediate family, severally or in the aggregate, owes $5,000 or more and the approximate amount owed.
19.44(1)(d)
(d) The real property located in this state in which the individual who is required to file or such individual's immediate family holds an interest, other than the principal residence of the individual or his or her immediate family, and the nature of the interest held. An individual's interest in real property does not include a proportional share of interests in real property if the individual's proportional share is less than 10 percent of the outstanding shares or is less than an equity value of $5,000.
19.44(1)(e)
(e) The identity of each payer from which the individual who is required to file or a member of his or her immediate family received $1,000 or more of his or her income for the preceding taxable year, except that if the individual who is required to file identifies the general nature of the business in which he or she or his or her immediate family is engaged, then no identification need be made of a decedent's estate or an individual, not acting as a representative of an organization, unless the individual is a lobbyist as defined in s.
13.62. In addition, no identification need be made of payers from which only dividends or interest, anything of pecuniary value reported under s.
19.56 or reportable under s.
19.57, or political contributions reported under ch.
11 were received.
19.44(1)(f)
(f) If the individual who is required to file or a member of his or her immediate family received $10,000 or more of his or her income for the preceding taxable year from a partnership, limited liability company, corporation electing to be taxed as a partnership under subchapter S of the internal revenue code or service corporation under ss.
180.1901 to
180.1921 in which the individual or a member of his or her immediate family, severally or in the aggregate, has a 10 percent or greater interest, the identity of each payer from which the organization received $10,000 or more of its income for its preceding taxable year, except that if the individual who is required to file identifies the general nature of the business in which he or she or his or her immediate family is engaged then no identification need be made of a decedent's estate or an individual, not acting as a representative of an organization, unless the individual is a lobbyist as defined in s.
13.62. In addition, no identification need be made of payers from which dividends or interest are received.
19.44(1)(g)
(g) The identity of each person from which the individual who is required to file received, directly or indirectly, any gift or gifts having an aggregate value of more than $50 within the taxable year preceding the time of filing, except that the source of a gift need not be identified if the donation is permitted under s.
19.56 (3) (e),
(em) or
(f) or if the donor is the donee's parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, niece, nephew, spouse, fiance or fiancee.
19.44(1)(h)
(h) Lodging, transportation, money or other things of pecuniary value reportable under s.
19.56 (2).
19.44(2)
(2) Whenever a dollar amount is required to be reported pursuant to this section, it is sufficient to report whether the amount is not more than $50,000, or more than $50,000.
19.44(3)(a)(a) An individual is the owner of a trust and the trust's assets and obligations if he or she is the creator of the trust and has the power to revoke the trust without obtaining the consent of all of the beneficiaries of the trust.
19.44(3)(b)
(b) An individual who is eligible to receive income or other beneficial use of the principal of a trust is the owner of a proportional share of the principal in the proportion that the individual's beneficial interest in the trust bears to the total beneficial interests vested in all beneficiaries of the trust. A vested beneficial interest in a trust includes a vested reverter interest.
19.44(4)
(4) Information which is required by this section shall be provided on the basis of the best knowledge, information and belief of the individual filing the statement.
19.44 Cross-reference
Cross-reference: See also ch.
ETH 15, Wis. adm. code.
19.44 Note
Law Revision Committee Note, 1983: Under the ethics code, each state public official and candidate for state public office must file a statement of economic interests with the ethics board listing the businesses, organizations and other legal entities from which they and their families received substantial income during the preceding taxable year. However, the ethics code does not require identification of individual persons from whom the income is received. This bill provides that if the individual filing the statement of economic interests identifies the general nature of the business in which the individual or a member of his or her family is engaged, then no identification need be made of the estate of any deceased individual from which income was received. This bill makes it unnecessary to identify a decedent's estate which was indebted to a state public official or candidate for state public office, and makes it unnecessary to identify decedents' estates which are represented by lawyer-public officials.
19.44 Annotation
A beneficiary of a future interest in a trust must identify the securities held by the trust if the individual's interest in the securities is valued at $5,000 or more.
80 Atty. Gen. 183.
19.45
19.45
Standards of conduct; state public officials. 19.45(1)(1)
The legislature hereby reaffirms that a state public official holds his or her position as a public trust, and any effort to realize substantial personal gain through official conduct is a violation of that trust. This subchapter does not prevent any state public official from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her duties to this state. The legislature further recognizes that in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government; that citizens who serve as state public officials retain their rights as citizens to interests of a personal or economic nature; that standards of ethical conduct for state public officials need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are substantial and material; and that state public officials may need to engage in employment, professional or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the specific provisions of this subchapter.
19.45(2)
(2) No state public official may use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. This subsection does not prohibit a state public official from using the title or prestige of his or her office to obtain contributions permitted and reported as required by ch.
11.
19.45(3)
(3) No person may offer or give to a state public official, directly or indirectly, and no state public official may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the state public official's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the state public official. This subsection does not prohibit a state public official from engaging in outside employment.
