Analysis by the Legislative Reference Bureau
Government Accountability Board
Currently, the Elections Board consists of nine members. The governor
appoints all of the members of the Elections Board, without confirmation by the
senate, to serve for two-year terms as follows: one member is selected by the
governor and one member each is designated by the chief justice of the Supreme
Court, the speaker of the assembly, the senate majority leader, the minority leader
in each house of the legislature, and the chief officer of each political party qualifying
for a separate ballot at the September primary whose candidate for governor at the
most recent gubernatorial election received at least 10 percent of the vote (currently,
the Republican, Democratic, and Libertarian parties).
Currently, the Ethics Board consists of six members. Members of the Ethics
Board are nominated by the governor, and with the advice and consent of the senate
appointed, to serve for staggered six-year terms. All members must be U.S. citizens
and residents of this state, and no member may hold any other office or employment
in the government of this state or any political subdivision thereof or in any state
department. In addition, no member, for one year immediately prior to the date of
appointment, may have been, and no member, while serving on the Ethics Board,
may become, a member of a political party, an officer or member of a committee in
any partisan political club or organization, or a candidate for any partisan office.
This substitute amendment abolishes both boards and replaces them with a
Government Accountability Board. Under the substitute amendment, the board is
composed of seven members serving for staggered four-year terms. Four members
of the board must have prosecutorial experience. One member of the board is a
retired judge of a court of record in this state. All of the members are nominated by
the governor and appointed with the advice and consent of the assembly and senate.
Each of the members must be appointed from nominations submitted by a
Government Accountability Candidate Committee, which consists of one court of
appeals judge from each of the court of appeals districts. The judges are chosen by
lot by the chief justice of the supreme court in the presence of the other justices. A
unanimous vote of the committee is required to nominate a candidate. No member
of the Government Accountability Board may hold another position that is subject
to the code of ethics for state public officials or the code of ethics for local public
officials. No member, for one year immediately prior to the date of appointment, may
have been, and no member while serving on the board may become, a member of a
political party, an officer or member of a committee in any partisan political club or
organization, a candidate for any partisan office or an officer or employee of a
registrant under the campaign finance law. No member may be a lobbyist or an
employee of a principal (person who employs a lobbyist).
The substitute amendment creates an Enforcement Division within the
Government Accountability Board. The Enforcement Division is headed by an
administrator who is appointed by the executive director of the board outside the
classified service for a term of not less than four years nor more than six years,
expiring on September 1 of an odd-numbered year. The administrator may not be
removed during his or her term except for cause.
The substitute amendment also permits the executive director to appoint up to
two other division administrators outside the classified service but the substitute
amendment does not authorize any new positions for the administrators. The
substitute amendment transfers all members of the existing staffs of the Elections
Board and Ethics Board and their positions to the Government Accountability
Board. Under the substitute amendment, the staff members who have civil service
rights retain those rights. The substitute amendment does not provide any funding
for continued employment of the staff members, however.
The Enforcement Division is empowered to investigate violations and bring
civil and criminal actions to enforce the elections, ethics, and lobbying regulation
laws. Under current law, the Elections Board and Ethics Board share civil
enforcement authority with district attorneys and in some cases with county boards
of election commissioners, and with the attorney general; and the district attorneys,
and in some cases the attorney general, exercise criminal enforcement authority.
Under the substitute amendment, the Enforcement Division has independent
authority to investigate violations of the elections, ethics, and lobbying regulation
laws and to prosecute civil or criminal violations without the consent of the
Government Accountability Board, except that the division must obtain the
concurrence of the board before issuing a subpoena or obtaining a search warrant.
The substitute amendment permits the Enforcement Division to request the board
to appoint special counsel to investigate or prosecute violations of the law. Under the
substitute amendment, the board may retain special counsel to act as an investigator
in any matter. The administrator of the Enforcement Division may also investigate
any matter without retention of an investigator. An investigator or the
administrator must report to the board concerning an investigation at least once
every 90 days, after which the investigation may continue unless the board votes to
terminate it. The substitute amendment also permits the Enforcement Division to
request investigatory and prosecutorial assistance from the Department of Justice
and directs the Department of Justice to provide such assistance upon request.
Under the substitute amendment, the Enforcement Division is bound by applicable
laws, rules, formal opinions, and actions of the board, except that the division may
nonacquiesce in any formal opinion of the board by publishing a notice of
nonacquiescence in the Wisconsin Administrative Register. Thereafter, the division
is not bound by that opinion. The substitute amendment directs the Government
Accountability Board and the district attorneys to share investigatory information
concerning possible violations of the elections, ethics, and lobbying regulation laws
and accords precedence to the board in conducting investigations and prosecutions.
If a district attorney refers to the board a matter concerning a possible criminal
violation of the elections, ethics, or lobbying regulation laws by a state official and
the board determines not to commence a criminal prosecution, the substitute
amendment directs the board to report to the district attorney within 30 days of the
referral specifying the reasons why it will not commence a prosecution.
The substitute amendment directs a district attorney to notify the Government
Accountability Board before commencing a criminal prosecution concerning any
violation of the elections, ethics, or lobbying regulation laws. If the board notifies the
district attorney that it will not commence a criminal prosecution, or the board does
not commence a criminal prosecution within 30 days after receiving the notice, the
district attorney may commence the prosecution.
The substitute amendment provides that if a district attorney opens an
investigation of a possible criminal violation of the elections, ethics, or lobbying
regulation laws, the district attorney must report to the Government Accountability
Board concerning the status of the investigation no later than the end of each 90-day
period until the investigation is concluded. Similarly, under the substitute
amendment, if a district attorney commences a criminal prosecution for a violation
of the elections, ethics, or lobbying regulation laws, the district attorney must report
to the board concerning the status of the prosecution no later than the end of each
180-day period until the prosecution is concluded. Within 30 days after receiving any
report, the substitute amendment permits the board to direct the district attorney
to close the investigation or to terminate the prosecution, and the district attorney
must do so.
Currently, the Elections and Ethics boards have sum certain appropriations
derived from state general purpose revenue. In addition, both boards finance some
of their operations with program revenue. This substitute amendment repeals all
appropriations to both boards and does not make any appropriations to the
Government Accountability Board. Under the substitute amendment, the
Government Accountability Board will be unable to operate unless funding is
provided for the board by other legislation. The substitute amendment requires the
board to forward the division's budget requests to the Department of Administration
without change, except as concurred in by the division.
Under the substitute amendment, any person may file a sworn complaint with
the division alleging a violation of the elections, ethics, or lobbying regulation laws.
The division must investigate the complaint unless the division finds the complaint
to be without merit. The substitute amendment also permits the division to
investigate any violation of the elections, ethics, or lobbying regulation laws on its
own initiative or upon direction of the board. The division may order an election
official or private person to act in conformity with the elections, ethics, or lobbying
regulation laws or rules of the board, and may impose a forfeiture (civil monetary
penalty) for a violation. The decision of the division may be appealed to the board
or may be appealed directly to circuit court. In deciding an appeal, the board is not
bound by any findings of fact or conclusions of law made by the division with respect
to the matter. If the decision of the division is not appealed or if the board does not
modify or reverse a decision of the division after hearing an appeal, the decision of
the division becomes the decision of the board. Any decision of the board is also
subject to judicial review in circuit court. If the board modifies or reverses an action
of the division, the division may also seek judicial review of the board's decision. The
procedure does not apply to any alleged violation of the elections, ethics, or lobbying
regulation laws by the board or division, nor to any matter arising in connection with
a recount.
Currently, a defendant in a criminal trial is tried in the county where the the
defendant's crime is alleged to have been committed, except that the defendant may
request the judge to move the trial to another county and the judge may grant the
request if the judge believes that an impartial trial cannot be had unless the trial is
moved. This substitute amendment provides that if the defendant in a criminal trial
for a violation of the elections, ethics, or lobbying regulation laws is a resident of this
state, the trial shall be held in circuit court for the county where the defendant
resides, subject to the current exception.
Currently, opinions of the Elections Board are open to public inspection, but
opinions of the Ethics Board, with limited exceptions, are closed to public inspection.
However, the Ethics Board publishes summaries of its opinions without divulging
information that could reveal the identity of the requester. This substitute
amendment makes all opinions issued by the Government Accountability Board
closed to public inspection, subject to the current exceptions for opinions issued by
the Ethics Board.
The substitute amendment provides for the substitute amendment to become
law on January 1, 2007, after which date the members of the Government
Accountability Board may be appointed and take office. However, the existing
Elections Board and Ethics Board continue in operation until June 1, 2007, subject
to appropriation of money for continued operation of the boards by other legislation.
Under the substitute amendment, the Government Accountability Board may not
exercise administrative or enforcement authority until June 1, 2007. The substitute
amendment also provides that the director of the Legislative Council Staff shall
serve as executive director of the Government Accountability Board, without
additional compensation, until the initial executive director of the Government
Accountability Board is appointed and qualified, and may exercise all of the
functions of the executive director of the Government Accountability Board, the
enforcement division, and the administrator of the enforcement division.
Currently, state boards may meet in closed session to discuss the investigation
of charges against specific persons. This substitute amendment provides specifically
that the Government Accountability Board may meet in closed session to deliberate
concerning any investigation under the board's jurisdiction.
Campaign activity by state employees
Currently, no state employee is authorized to engage in, and no state appointing
authority is authorized to permit or require an employee to engage in, any activity
on state time or with the use of state resources other than activity that is a part of
the official functions of the state agency in which an employee works, as prescribed
by law. In addition, with one limited exception, no person may solicit or receive from
any state officer or employee any contribution or service for a political purpose while
the officer or employee is engaged in his or her official duties. Under the Code of
Ethics for State Public Officials and Employees, no state public official may use or
attempt to use the public position held by the official to influence or gain unlawful
benefits, advantages, or privileges personally or for others. Current law also
specifically restricts political activity by employees who hold positions in the state
classified service, and permits or in some cases requires those employees to take
leaves of absence to participate in political activity.
This bill specifically prohibits an appointing authority of any state employee
holding an appointive position from assigning or authorizing campaign activity, as
defined in the bill, to be performed on state time, or with the use of state resources,
or on any property owned or leased by the state. The bill specifically prohibits any
state employee from using, or making available for use by another, state resources
or property owned or leased by the state in connection with campaign activity except
to the extent that the resources or property are available to be used by any person
under similar circumstances. The bill provides that no state employee holding an
appointive position may engage in campaign activity: 1) while engaged in his or her
employment; 2) while on any form of paid leave, except vacation and paid holidays,
and then only after obtaining the approval of the employee's appointing authority to
use the leave for that purpose; or 3) during the established hours of employment for
the employee, unless the employee first obtains a similar approval from his or her
appointing authority. In addition, the bill prohibits any decision affecting the
continued employment of a state employee holding an appointive position, or
affecting the salary, benefits, hours, or other conditions of employment of such an
employee, from being based on the failure of the employee to participate in any
campaign activity or the failure to make a political contribution.
In addition, the bill extends a current restriction in the civil service law relating
to the political activities of classified employees to apply to all state employees in
appointive positions.
Under the bill, if a state employee who holds an appointive position becomes a
candidate for partisan political office, the employee must be placed on a leave of
absence for the duration of the election campaign and if elected must separate from
his or her former position on assuming the duties and responsibilities of the partisan
political office.
The bill provides that any violation of these prohibitions is a violation of the
Code of Ethics for State Public Officials and Employees. Violators are subject to a
forfeiture (civil penalty) of not more than $1,000 for each violation.
Solicitation or discouragement of political activity
The bill prohibits any state public official or state employee from knowingly
soliciting or discouraging any political activity by a person who has business with the
unit of government served by the official or employee. Currently, political solicitation
is addressed in the campaign finance and civil service laws (see above).
Discouragement of political activity is not specifically addressed in the statutes.
Violators are subject to a forfeiture of not more than $1,000 for each violation.
Training programs for state employees
Currently, the Ethics Board conducts training programs designed to explain
and interpret the code of ethics for state public officials and the lobbying regulation
law for state public officials and certain other persons. The board may prescribe a
fee to be paid by attendees at these programs. This bill extends the coverage of these
programs to include those portions of the campaign finance and civil service laws
that pertain to political activity, including the portions created by the bill. The bill
also directs the board to require attendance of state employees at these programs for
a minimum number of hours specified by rule of the board within each biennial
period, and to require each new state employee to attend such a program within six
months after beginning employment. Under the bill, each state agency must pay any
fees incurred by state employees in attending the programs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1189-ASA1,8,22
5.02
(1s) "Board" means the
elections government accountability board.
AB1189-ASA1,8,5
45.05 (title)
Elections Government accountability board; powers and
5duties.
AB1189-ASA1,8,107
5.05
(1) General authority. (intro.) The
elections government accountability 8board shall have the responsibility for the administration of chs. 5 to 12 and other
9laws relating to elections and election campaigns. Pursuant to such responsibility,
10the board may:
AB1189-ASA1,9,613
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 14any party
or parties being investigated who is the subject of an investigation,
15subpoena and bring before it any person
in the state and require the production of
16any papers, books
, or other records relevant to an investigation. A circuit court may
17by order permit the inspection
, and copying of the accounts and the depositor's and
18loan records at any financial institution
, as defined in s. 705.01 (3)
, doing business
19in the state to obtain evidence of any violation of ch. 11 upon showing by the board
20of probable cause to believe there is a violation and that such accounts and records
21may have a substantial relation to the violation. In the discharge of its duties, the
1board may cause the deposition of witnesses to be taken in the manner prescribed
2for taking depositions in civil actions in circuit court.
The board shall delegate to the
3enforcement division the power to issue subpoenas and to obtain search warrants
4under this paragraph on behalf of the board, subject to the procedures under s. 5.066
5(6). The delegation is supplemental to the board's exercise of direct authority under
6this paragraph.
AB1189-ASA1,9,258
5.05
(1) (c) Bring civil
or criminal actions
to require forfeitures for any violation
9of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
10violations with respect to reports or statements required by law to be filed with it,
11and other violations arising under elections for state office or statewide referenda 12chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
13and settle any
civil action or potential action brought or authorized to be brought by
14it
under ch.11 which, in the opinion of the board, constitutes a minor violation, a
15violation caused by excusable neglect, or which for other good cause shown, should
16not in the public interest be prosecuted under such chapter. Notwithstanding s.
17778.06, an action or proposed action authorized under this paragraph may be settled
18for such sum as may be agreed between the parties. Any settlement made by the
19board shall be in such amount as to deprive the alleged violator of any benefit of his
20or her wrongdoing and may contain a penal component to serve as a deterrent to
21future violations. In settling actions or proposed actions, the board shall treat
22comparable situations in a comparable manner and shall assure that any settlement
23bears a reasonable relationship to the severity of the offense or alleged offense.
24Forfeiture actions brought by the board shall be brought in the circuit court for the
25county wherein the violation is alleged to occur.
AB1189-ASA1,10,42
5.05
(1m) Executive director; legal counsel. The board shall employ an
3executive director outside the classified service and shall employ legal counsel to
4perform legal services outside the enforcement division.
AB1189-ASA1,10,116
5.05
(2m) Enforcement division. (a) The enforcement division shall
7investigate and prosecute alleged violations of laws administered by the board
8pursuant to all statutes granting or assigning that authority or responsibility to the
9board. The enforcement division shall prosecute civil and criminal actions brought
10by the board and shall assist the district attorneys and the attorney general in
11prosecuting criminal actions referred to them by the division.
AB1189-ASA1,10,1412
(b) The board may refer any matter to the enforcement division for
13investigation. Any person may file a verified complaint with the enforcement
14division alleging a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.
AB1189-ASA1,10,2515
(c) 1. The board shall employ at least one full-time attorney and at least one
16full-time staff support individual within the enforcement division. The enforcement
17division may, with or without approval of the board, investigate or prosecute any civil
18or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 in the
19name of the board. The jurisdiction of the enforcement division is concurrent with
20the jurisdiction of the board, the district attorneys, and the attorney general to
21conduct investigations and enforce these laws. The enforcement division may
22request authorization of the board to obtain the assistance of special counsel to
23conduct investigations or to prosecute violations of these laws. The enforcement
24division may also request assistance from the department of justice to conduct
25investigations or to prosecute violations of these laws.
AB1189-ASA1,11,15
12. Upon opening or concluding an investigation of any alleged violation of chs.
25 to 12, subch. III of ch. 13, or subch. III of ch. 19, the board shall notify the district
3attorney for the county wherein the violation is alleged to occur. Upon opening or
4concluding an investigation of any alleged violation of chs. 5 to 12, subch. III of ch.
513, or subch. III of ch. 19, a district attorney shall notify the board. Upon request of
6the board or a district attorney, the board and district attorney shall each share
7information in their possession relating to any alleged violation of chs. 5 to 12, subch.
8III of ch. 13, or subch. III of ch. 19. If the board notifies the district attorney for any
9county that it has opened an investigation of a violation of chs. 5 to 12, subch. III of
10ch. 13, or subch. III of ch. 19 that is alleged to have occurred in that county, the district
11attorney shall suspend any investigation of the same alleged violation that the
12district attorney is conducting until the board notifies the district attorney that it has
13concluded its investigation and it will not prosecute the alleged violation or there
14elapse 30 days from the date of the board's notification that its investigation is
15concluded and the board does not commence a prosecution of the alleged violation.
AB1189-ASA1,11,2416
3. The district attorney for any county may refer any matter concerning a
17possible civil or criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of
18ch. 19 to the board. If the board determines not to commence a criminal prosecution
19with respect to a matter concerning an alleged criminal violation of chs. 5 to 12,
20subch. III of ch. 13, or subch. III of ch. 19 by an elective state official, as defined in
21s. 13.62 (6), or a state public official, as defined in s. 19.42 (14), that is referred to the
22board under this subdivision, the board shall, within 30 days of receipt of the referral,
23report to the district attorney in writing specifying the reasons why it has
24determined not to commence a criminal prosecution.
AB1189-ASA1,12,8
14. If a district attorney opens an investigation of a possible criminal violation
2of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney shall
3report to the board concerning the status of the investigation no later than the end
4of each consecutive 90-day period, beginning on the day that the investigation is
5opened and ending on the day that the investigation is concluded. Within 30 days
6after receiving a report under this subdivision, the board may direct the district
7attorney to close the investigation and the district attorney shall thereupon close the
8investigation.
AB1189-ASA1,12,169
5. Prior to commencing any criminal prosecution with respect to an alleged
10violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, a district attorney
11shall provide written notice to the board. If the board notifies the district attorney
12in writing that it will not commence a criminal prosecution with respect to that
13alleged violation or the board fails to commence a criminal prosecution with respect
14to that alleged violation within 30 days after receiving notice from the district
15attorney under this subdivision, the district attorney may commence a criminal
16prosecution with respect to that alleged violation.
AB1189-ASA1,12,2417
6. If a district attorney commences a criminal prosecution for an alleged
18violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, the district attorney
19shall report to the board concerning the status of the prosecution no later than the
20end of each consecutive 180-day period, beginning on the day that the prosecution
21is commenced and ending on the day that the prosecution is concluded. Within 30
22days after receiving a report under this subdivision, the board may direct the district
23attorney to terminate the prosecution and the district attorney shall thereupon
24terminate the prosecution.
AB1189-ASA1,13,5
17. If the board directs a district attorney to close an investigation of a person
2under subd. 4. or to terminate a prosecution of a person under subd. 6. with respect
3to an alleged violation of the law, the district attorney shall not open a new criminal
4investigation or commence a new criminal prosecution of the same person with
5respect to the same alleged violations of the law.
AB1189-ASA1,13,126
8. Each individual who is retained by the board to act as an investigator shall
7make periodic reports to the board, as directed by the board, but in no case may the
8interval for reporting exceed 90 days. If the administrator of the enforcement
9division investigates any matter without retention of an investigator, the
10administrator shall make periodic reports to the board, as directed by the board, but
11in no case may the reporting interval exceed 90 days. If, after receiving a report, the
12board does not vote to terminate the investigation, the investigation is continued.
AB1189-ASA1,13,1713
9. Upon employment of any individual to serve as special counsel for the
14enforcement division, the administrator of the enforcement division shall certify the
15maximum amount provided in the employment contract to the secretary of
16administration, and direct the department of administration to pay special counsel
17bills related to that case within the certified amount.
AB1189-ASA1,13,2218
(e) The enforcement division is bound by applicable laws, rules, formal
19opinions, and actions of the board, except that the division may nonacquiesce in any
20formal opinion of the board by publishing a notice of nonacquiescence in the
21Wisconsin Administrative Register. Thereafter, the division is not bound by the
22formal opinion in which the division nonacquiesces.
AB1189-ASA1,14,324
5.05
(3) (a) The board shall upon complaint by any person or on its own motion
25investigate violations of the elections laws and shall notify the district attorney of the
1proper county
, or the attorney general
or the governor where appropriate under s.
211.60 (4) or 11.61 (2) of any facts within its knowledge or evidence in its possession
3which may be grounds for civil action or criminal prosecution.
AB1189-ASA1,14,65
5.05
(3m) Chief election officer. The board shall designate an employee of
6the board to serve as the chief election officer of this state.
AB1189-ASA1, s. 12
8Section
12. 5.05 (5s) (title) and (d) of the statutes are created to read:
AB1189-ASA1,14,99
5.05
(5s) (title)
Access to records.
AB1189-ASA1,14,1110
(d) All records of votes taken upon actions by the board are open to public
11inspection and copying under s. 19.35.
AB1189-ASA1,14,18
155.052 Government accountability candidate committee. (1) The
16government accountability candidate committee shall organize whenever a vacancy
17occurs in the membership of the board that requires a nomination to be submitted
18to the governor under s. 15.60 (2).
AB1189-ASA1,14,20
19(2) No person may be nominated by the committee unless the person receives
20the unanimous approval of the committee.
AB1189-ASA1,14,22
21(3) Except as provided in sub. (4), the committee shall submit the following
22number of nominations:
AB1189-ASA1,14,2323
(a) To fill one vacancy, 2 nominations.
AB1189-ASA1,14,2424
(b) To fill 2 vacancies, 3 nominations.
AB1189-ASA1,14,2525
(c) To fill 3 vacancies, 5 nominations.
AB1189-ASA1,15,1
1(d) To fill 4 vacancies, 6 nominations.
AB1189-ASA1,15,22
(e) To fill 5 vacancies, 7 nominations.
AB1189-ASA1,15,33
(f) To fill 6 vacancies, 8 nominations.
AB1189-ASA1,15,5
4(4) If a nomination of the governor is rejected by the senate or the assembly,
5the committee shall submit an additional nominee to the governor.
AB1189-ASA1,15,8
75.054 Duties of the executive director. The executive director of the board
8shall:
AB1189-ASA1,15,10
9(1) Whenever a vacancy occurs on the board, call a meeting of the government
10accountability candidate committee.
AB1189-ASA1,15,12
11(2) Assist the government accountability candidate committee in the
12performance of its functions.
AB1189-ASA1,15,14
145.066 Complaints and decision-making procedure. (1) In this section:
AB1189-ASA1,15,1515
(a) "Division" means the enforcement division of the board.
AB1189-ASA1,15,1816
(b) "Election official" includes any board of election commissioners under s. 7.20
17or governing body of a local governmental unit that has the responsibility to
18administer the election laws.
AB1189-ASA1,15,1919
(c) "Local governmental unit" has the meaning given in s. 16.97 (7).
AB1189-ASA1,15,2020
(d) "Working day" has the meaning given in s. 227.01 (14).
AB1189-ASA1,16,7
21(2) Any person may file a verified complaint with the division alleging a
22violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division shall
23investigate the complaint unless the division finds the complaint to be without merit.
24The division may, on its own motion or upon direction of the board, investigate any
25potential violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever
1the division has probable cause to believe that a violation has occurred. If the
2division finds, by a preponderance of evidence, that a complaint is frivolous, the
3division may order the complainant to forfeit not more than the greater of $500 or
4the expenses incurred in investigating the complaint. The attorney general, when
5so requested by the division, shall institute proceedings to recover any forfeiture
6incurred under this subsection that is not paid by the person against whom it is
7assessed.