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2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 2005 SENATE BILL 1
February 27, 2006 - Offered by Representative Gundrum.
SB1-ASA3,2,20
1An Act to repeal 5.05 (1) (a), 5.05 (3), 5.05 (5), 5.05 (6), 5.05 (11), 5.07, 5.08, 7.08
2(7), 7.21 (2m), 9.01 (1) (ag) 4., 13.69 (8), 15.07 (5) (k), 15.07 (5) (n), 15.61, 15.62,
319.42 (10) (a), 19.47 (2), 19.47 (4), 19.49 (title), 19.49 (1), 19.49 (3), 19.49 (4),
419.50 (title), 19.51 (title), 19.51 (1) (a) and (b), 19.51 (3), 19.52, 19.53 (intro.),
519.53 (1) to (5), 19.53 (7) and (8), 19.535, 19.54, 19.545, 19.59 (8) (c), 19.59 (8)
6(cn) and (d), 20.510 (intro.), 20.510 (1) (title), 20.510 (1) (a), 20.510 (1) (bm),
720.510 (1) (c), 20.510 (1) (d), 20.510 (1) (g), 20.510 (1) (h), 20.510 (1) (i), 20.510
8(1) (j), 20.510 (1) (q), 20.510 (1) (t), 20.510 (1) (x), 20.521 (intro.), 20.521 (1)
9(title), 20.521 (1) (a), 20.521 (1) (b), 20.521 (1) (g), 20.521 (1) (h), 20.521 (1) (i),
1020.923 (4) (d) 3., 20.923 (4) (d) 4., 230.08 (2) (om), 230.08 (2) (wm) and 778.136;
11to renumber 19.49 (1m), 19.50 (4) and (5), 19.51 (2) and 19.579;
to renumber
12and amend 15.617, 19.46 (2), 19.49 (2), 19.49 (5), 19.50 (intro.) and (1) to (3),
1319.51 (1) (intro.), 19.53 (6), 19.55 (2) (a) and 19.55 (2) (b);
to amend 5.02 (1s),
15.05 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (1) (e), 5.06 (2), 5.081,
25.40 (7), 5.62 (4) (b), 6.26 (2) (b), 6.26 (2) (c), 6.56 (2) to (5), 7.08 (title), 7.15 (1)
3(g), 7.23 (2), 7.31 (5), 7.60 (4) (a), 7.60 (5), 7.70 (1), 7.70 (5) (b), 8.05 (1) (j), 8.10
4(5), 8.15 (4) (b), 8.18 (2), 8.20 (6), 8.28, 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a), 9.01
5(1) (ar) 2., 9.01 (10), 11.21 (title), 11.21 (7) (intro.), 11.22 (4), 11.38 (5), 11.60 (5),
611.61 (2), 13.123 (3) (b) 2., 13.23, 13.62 (4), 13.685 (title), 13.94 (1) (k), 14.58 (20),
715.07 (1) (cm), 15.07 (4), 16.79 (2), 16.96 (3) (b), 16.973 (6), 17.07 (6), 17.17 (1),
817.17 (4), 19.42 (3), 19.43 (4), 19.43 (5), 19.45 (6), 19.46 (1) (intro.), 19.47 (5),
919.55 (1), 19.55 (2) (c), 19.579 (title), 19.59 (1) (g) 8., 19.59 (8) (a) and (b), 19.85
10(1) (h), 20.923 (4) (intro.), 20.930, 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 71.10
11(3) (b), 73.0301 (1) (d) 13., 73.0301 (1) (e), 85.61 (1), 117.20 (2), 117.27 (2) (b)
12(intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1), 198.08 (10), 200.09 (11) (am)
133., 227.03 (6), 227.45 (1), 227.46 (1) (intro.), 227.52 (6), 230.08 (4) (a), 234.02
14(3m) (c), 560.04 (2m), 778.135 and 971.22 (2) and (3);
to repeal and recreate
1511.60 (4), 15.07 (1) (a) 2. and 71.10 (3) (b); and
to create 5.05 (1e), 5.05 (1m),
165.05 (2m), 5.05 (3g), 5.05 (5s) (title), (d) and (e), 5.052, 5.054, 12.13 (5), 12.60 (1)
17(bm), 15.07 (5) (m), 15.60, 15.603, 19.85 (1) (fm), 20.923 (4) (e) 2e., 20.923 (4) (f)
183j., 230.08 (2) (e) 4h., 230.08 (2) (on) and 971.22 (4) of the statutes;
relating to:
19creation of a Government Accountability and Integrity Board, granting
20rule-making authority, and providing penalties.
Analysis by the Legislative Reference Bureau
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 and Integrity Board. Under the substitute amendment,
the board is composed of seven members serving for staggered four-year terms who
are nominated by the governor and appointed with the advice and consent of the
senate and assembly. Four of the members must have prosecutorial experience, two
of the members must have prior service as a nonpartisan elective official of a local
governmental unit, and one must be a retired judge. Each of the members must be
appointed from nominations submitted by a Government Accountability and
Integrity 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 and Integrity 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 concurrence of at least
four members is required for the board to take action.
The substitute amendment creates three divisions within the Government
Accountability and Integrity Board. The divisions are an Enforcement Division, and
Accountability and Integrity Division and an Elections Division. The Enforcement
Division is headed by an administrator who is appointed by 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 must be an
attorney licensed to practice law in this state who has criminal justice experience.
The administrator may not be removed during his or her term except for cause. The
other two divisions are headed by division administrators who are appointed outside
the classified service by the board to serve at its pleasure. The board must employ
at least one full-time attorney and one full-time investigator within the
Enforcement Division. The staff of the board is headed by an executive director who
is appointed by the board to serve at its pleasure. The executive director assigns
work to the employees of the board in accordance with good management practices
as the workload of the board requires without respect to divisional structure, except
that the executive director is precluded from reassigning the administrator or the
minimum full-time attorney or investigator within the Enforcement Division to
perform work outside that division if the division has work to be performed.
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 and Integrity 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.
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 the attorney general; and the district attorneys, and
in some cases the attorney general, exercise criminal enforcement authority.
Currently, the Elections Board and Ethics Board may investigate violations of the
law, with or without complaint, and may enforce their respective laws. The Elections
Board may file civil actions to collect forfeitures (civil monetary penalties) for
violations of the law and the Ethics Board may, after an administrative hearing,
assess civil forfeitures or impose certain other remedies for violations of the law.
Currently, the Elections Board has an administrative procedure for processing of
complaints from electors alleging that an action or failure to act on the part of an
election official is contrary to law, or that an official has abused his or her discretion.
Under the procedure, the board may order the official to conform his or her conduct
to the law or may prosecute the official for a civil violation of the law. If either board
finds a criminal violation of the law, it may refer the matter to the appropriate district
attorney, or in certain cases the attorney general.
This substitute amendment substitutes a different investigatory and
prosecution procedure that is uniformly applicable to the the elections, ethics and
lobbying regulation laws. Under the substitute amendment, only the Government
Accountability and Integrity Board has authority to investigate and prosecute civil
and criminal violations of the elections, ethics and lobbying regulation laws. Any
person may file a complaint with the Enforcement Division alleging a violation of the
elections, ethics, or lobbying regulation laws, and the Enforcement Division may
investigate a potential violation on its own motion or upon the direction of the board
if it has a reasonable suspicion that a violation has occurred or is occurring. The
administrator of the Enforcement Division initially determines whether there is a
reasonable suspicion that a violation of the elections, ethics, or lobbying regulation
laws has occurred or is occurring and whether an investigation is appropriate. The
administrator must notify the board within ten days of opening an investigation. If
any member of the board requests the chairperson to call a meeting to discuss the
investigation, and the member requests that the investigation be suspended until
the meeting is held, the investigation is suspended until the meeting is held. If an
investigation is suspended, the meeting must be held within 10 working days of
receipt of the request. If the board determines to proceed with the investigation, it
may direct the administrator to submit the names of three qualified investigators.
The board may retain one or more of the investigators. The board may also authorize
the administrator of the Enforcement Division to investigate any matter without
retaining 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 terminates unless the board votes to continue it. If the board
determines to file civil or criminal charges against an alleged offender, it may request
the administrator to submit the names of three individuals to act as special counsel.
Once retained, the special counsel proceeds with the case in the manner he or she
sees fit, with the assistance of the Enforcement Division. The substitute amendment
provides that any individual who is appointed by the board to serve as special counsel
shall be a retired judge of a court of record in this state or an attorney who, at the time
of appointment, has senior status as a member of the State Bar of Wisconsin, as
defined by the supreme court.
The substitute amendment provides that whenever the Government
Accountability and Integrity Board authorizes commencement of a prosecution, and
the prosecution is not concluded in circuit court or settled within six months of the
board's action, the prosecution may not proceed unless the board authorizes the
prosecution to proceed for an additional period not exceeding six months. The
substitute amendment permits the Government Accountability and Integrity Board,
by rule, to authorize the administrator of the Enforcement Division to compromise
and settle specified categories of offenses in the name of the board without a formal
investigation, if the offenses by any given alleged offender do not involve payment
of more than $500. The substitute amendment provides that no individual who
serves as an employee in the Enforcement Division and no individual who is retained
to serve as an investigator or special counsel for the division may, during such service
or for 12 months after ceasing to be so employed or retained, become a candidate for
a state or local elective office.
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 permits the defendant in any criminal trial for
an alleged violation of the elections, ethics, or lobbying regulation laws to request
and obtain one change in the place of the trial without providing a reason for the
change. The trial is then moved to a county determined by the chief justice of the
Supreme Court on a random basis, but it may not be moved to the county where the
defendant resides.
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 and
Integrity Board closed to public inspection, subject to the current exceptions for
opinions issued by the Ethics Board.
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 and Integrity Board. Under the substitute amendment,
the Government Accountability and Integrity Board will be unable to operate unless
funding is provided for the board by other legislation.
Under the substitute amendment, any person may file a sworn complaint with
the board alleging a violation of the elections, ethics, or lobbying regulation laws.
The substitute amendment also permits the board to investigate any violation of the
elections, ethics, or lobbying regulation laws on its own initiative.
The substitute amendment provides for the substitute amendment to become
law on January 1, 2007, after which date the members of the Government
Accountability and Integrity Board may be appointed and take office. However, the
existing Elections Board and Ethics Board continue in operation until July 1, 2007.
Under the substitute amendment, the Government Accountability and Integrity
Board may not exercise administrative or enforcement authority until July 1, 2007.
The substitute amendment also provides that the director of the Legislative Council
Staff shall serve as executive director of the Government Accountability and
Integrity Board, without additional compensation, until the initial executive
director of the Government Accountability and Integrity Board is appointed and
qualified, and may exercise all of the functions of the executive director of the
Government Accountability and Integrity Board, the divisions within the board, and
the administrators of the divisions.
Currently, except as otherwise provided by law, public records may be examined
or copied by any person unless the custodian demonstrates that the public interest
in withholding access to a record outweighs the public interest in providing access.
With certain exceptions, records obtained and prepared by the Ethics Board in
connection with an investigation are specifically exempted from public access. This
substitute amendment provides specifically that investigatory records of the
Government Accountability and Integrity Board are exempted from the right of
public access, subject to the current exceptions, except that if the board commences
a prosecution of a person as a result of an investigation, the person who is the subject
of the investigation may direct the board to provide access to records of the
investigation pertaining to that person if the records are available by law to the
subject person, and except that records of the board containing a finding that a
complaint does not raise a reasonable suspicion that a violation of the law has
occurred or records containing a finding that no probable cause exists to believe that
a violation of the law has occurred are open to public access. Under the substitute
amendment, any person other than the subject of an investigation who provides
public access to a record of the board that is not accessible to the public is guilty of
a misdemeanor and may be fined not more than $500 or imprisoned for not more than
30 days or both.
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 and Integrity Board may meet in closed session
to deliberate concerning any investigation under the board's jurisdiction.
Under current law, if a court finds that any provision of a legislative act is
unconstitutional and there are other provisions that are not dependent for their
operation upon the unconstitutional provision, the other provisions remain valid.
This substitute amendment provides that if a court finds that any provision of the
act resulting from the substitute amendment is unconstitutional, the entire act is
void.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-ASA3, s. 1
1Section
1. 5.02 (1s) of the statutes is amended to read:
SB1-ASA3,7,32
5.02
(1s) "Board" means the
elections government accountability and integrity 3board.
SB1-ASA3, s. 2
4Section
2. 5.05 (title) of the statutes is amended to read:
SB1-ASA3,7,6
55.05 (title)
Elections Government accountability and integrity board;
6powers and duties.
SB1-ASA3, s. 3
7Section
3. 5.05 (1) (intro.) of the statutes is amended to read:
SB1-ASA3,7,118
5.05
(1) General authority. (intro.) The
elections government accountability
9and integrity board shall have the responsibility for the administration of chs. 5 to
1012 and other laws relating to elections and election campaigns. Pursuant to such
11responsibility, the board may:
SB1-ASA3, s. 5
13Section
5. 5.05 (1) (b) of the statutes is amended to read:
SB1-ASA3,8,714
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 15any party
or parties being investigated who is the subject of an investigation,
16subpoena and bring before it any person
in the state and require the production of
17any papers, books
, or other records relevant to an investigation. A circuit court may
1by order permit the inspection
, and copying of the accounts and the depositor's and
2loan records at any financial institution
, as defined in s. 705.01 (3)
, doing business
3in the state to obtain evidence of any violation of ch. 11 upon showing by the board
4of probable cause to believe there is a violation and that such accounts and records
5may have a substantial relation to the violation. In the discharge of its duties, the
6board may cause the deposition of witnesses to be taken in the manner prescribed
7for taking depositions in civil actions in circuit court.
SB1-ASA3, s. 6
8Section
6. 5.05 (1) (c) of the statutes is amended to read:
SB1-ASA3,9,79
5.05
(1) (c) Bring civil
or criminal actions
to require forfeitures for any violation
10of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
11violations with respect to reports or statements required by law to be filed with it,
12and other violations arising under elections for state office or statewide referenda 13chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The board may compromise
14and settle any
civil action or potential action brought or authorized to be brought by
15it
under ch.11 which, in the opinion of the board, constitutes a minor violation, a
16violation caused by excusable neglect, or which for other good cause shown, should
17not in the public interest be prosecuted under such chapter. Notwithstanding s.
18778.06, an action or proposed action authorized under this paragraph may be settled
19for such sum as may be agreed between the parties. Any settlement made by the
20board shall be in such amount as to deprive the alleged violator of any benefit of his
21or her wrongdoing and may contain a penal component to serve as a deterrent to
22future violations. In settling actions or proposed actions, the board shall treat
23comparable situations in a comparable manner and shall assure that any settlement
24bears a reasonable relationship to the severity of the offense or alleged offense.
25Forfeiture actions brought by the board shall be brought in the circuit court for the
1county wherein the violation is alleged to occur.
Whenever the board enters into a
2settlement agreement with an individual who is accused of a violation of chs. 5 to 12,
3subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by the board for a
4possible violation of one of those provisions, the board shall reduce the agreement to
5writing, together with a statement of the board's findings and reasons for entering
6into the agreement and shall retain the agreement and statement in its office for
7inspection.
SB1-ASA3, s. 7
8Section
7. 5.05 (1) (e) of the statutes is amended to read:
SB1-ASA3,9,179
5.05
(1) (e) Delegate to its executive director the authority to
issue a subpoena
10under par. (b), apply for a search warrant under par. (b), commence an action under
11par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
125.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
13exempt a municipality from the requirement to use voting machines or an electronic
14voting system under s. 5.40 (5m), approve an electronic data recording system for
15maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
16who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
17limitations as the board deems appropriate.
SB1-ASA3, s. 8
18Section
8. 5.05 (1e) of the statutes is created to read:
SB1-ASA3,9,2019
5.05
(1e) Actions by the board. Any action by the board requires the
20affirmative vote of at least 4 members.
SB1-ASA3, s. 9
21Section
9. 5.05 (1m) of the statutes is created to read:
SB1-ASA3,9,2422
5.05
(1m) Executive director; legal counsel. The board shall employ an
23executive director outside the classified service and shall employ legal counsel to
24perform legal services outside the enforcement division.
SB1-ASA3, s. 10
25Section
10. 5.05 (2m) of the statutes is created to read:
SB1-ASA3,10,4
15.05
(2m) Enforcement division. (a) The enforcement division, under the
2direction and supervision of the board, shall investigate and prosecute alleged
3violations of laws administered by the board pursuant to all statutes granting or
4assigning that authority or responsibility to the board.
SB1-ASA3,10,65
(c) 1. The board shall employ at least one full-time attorney and at least one
6full-time investigator within the enforcement division.
SB1-ASA3,10,197
2. a. Any person may file a complaint with the enforcement division alleging
8a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. The division may,
9on its own motion or upon direction of the board, investigate any potential violation
10of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 whenever the division has
11a reasonable suspicion that a violation has occurred or is occurring. If the
12enforcement division finds, by a preponderance of the evidence, that a complaint
13filed with the division is frivolous, the division may order the complainant to forfeit
14not more than the greater of $500 or the expenses incurred by the division in
15investigating the complaint. The enforcement division may, in accordance with this
16paragraph, investigate or prosecute any civil or criminal violation of chs. 5 to 12,
17subch. III of ch. 13, or subch. III of ch. 19 in the name of the board. Only the
18enforcement division may investigate or prosecute civil or criminal violations of chs.
195 to 12, subch. III of ch. 13, or subch. III of ch. 19.
SB1-ASA3,11,2120
4. The administrator of the enforcement division shall make an initial
21determination as to whether there is a reasonable suspicion that a violation under
22subd. 2. has occurred or is occurring and whether an investigation of the suspected
23violation is appropriate. The administrator shall notify the board within 10 days of
24opening an investigation of any matter. If, within 10 days of receiving notification,
25any member of the board requests the chairperson to call a meeting of the board be
1held to discuss the investigation, and the member requests that the investigation be
2suspended until the meeting is held, the administrator shall suspend the
3investigation until the board directs the investigation to proceed. The chairperson
4of the board shall thereupon call a meeting of the board to discuss the investigation.
5If an investigation is suspended, the meeting shall be held within 10 working days,
6as defined in s. 227.01 (14), of receiving the request. If the board believes that there
7is reasonable suspicion that a violation under subd. 2. has occurred or is occurring,
8the board may elect to proceed with the investigation and may, in addition, elect to
9retain an investigator. If the board elects to retain an investigator, the administrator
10shall submit to the board the names of 3 qualified individuals to serve as an
11investigator. The board may retain one or more of the investigators. Each
12investigator who is retained by the board shall make periodic reports to the board,
13as directed by the board, but in no case may the interval for reporting exceed 90 days.
14If the board authorizes the administrator to investigate any matter without
15retaining an investigator, the administrator shall make periodic reports to the board,
16as directed by the board, but in no case may the reporting interval exceed 90 days.
17If, after receiving a report, the board does not vote to continue an investigation for
18an additional period not exceeding 90 days, the investigation is terminated at the end
19of the reporting interval. Unless an investigation is terminated by the board, at the
20conclusion of each investigation, the administrator of the enforcement division shall
21present to the board one of the following:
SB1-ASA3,11,2422
a. A recommendation to make a finding that probable cause exists to believe
23that one or more violations under subd. 2. have occurred or are occurring, together
24with a recommended course of action.
SB1-ASA3,12,2
1b. A recommendation for further investigation of the matter together with facts
2supporting that course of action.
SB1-ASA3,12,43
c. A recommendation to terminate the investigation due to lack of sufficient
4evidence to indicate that a violation under subd. 2 has occurred or is occurring.
SB1-ASA3,12,145
5. The enforcement division may file a complaint against any person only upon
6authorization by the board. The enforcement division may request the assistance of
7special counsel to prosecute any action brought by the board. If the enforcement
8division requests the assistance of special counsel with respect to any matter, the
9administrator of the enforcement division shall submit to the board the names of 3
10qualified individuals to serve as special counsel. Any individual so appointed shall
11meet the qualifications prescribed in subd. 7. The board may retain one of the
12individuals to act as special counsel. The staff of the enforcement division shall
13provide assistance to the special counsel as may be required by the counsel to carry
14out his or her responsibilities.
SB1-ASA3,12,1915
6. Upon employment of any individual to serve as special counsel for the
16enforcement division, the administrator of the enforcement division shall certify the
17maximum amount provided in the employment contract to the secretary of
18administration, and direct the department of administration to pay special counsel
19bills related to that case within the certified amount.
SB1-ASA3,12,2420
7. Any individual who is appointed by the board to serve as special counsel shall
21be a retired judge of a court of record in this state or an attorney who, at the time of
22appointment, has senior status as a member of the state bar of Wisconsin, as defined
23by the supreme court. No individual who is appointed or retained by the board to
24serve as special counsel or as an investigator is subject to approval under s. 20.930.
SB1-ASA3,13,6
18. Whenever the board authorizes commencement of a prosecution and the
2prosecution is not concluded in circuit court or settled within 6 months of the date
3of the board's action, the administrator of the enforcement division or any special
4counsel who is retained to conduct the prosecution shall not proceed with the
5prosecution or shall move to dismiss the prosecution unless the board authorizes the
6prosecution to proceed for an additional period, not to exceed 6 months.
SB1-ASA3,13,127
9. The board may, by rule, prescribe categories of civil offenses which the board
8will agree to compromise and settle without a formal investigation upon payment of
9specified amounts by the alleged offender. The board may authorize the
10administrator of the enforcement division to compromise and settle such alleged
11offenses in the name of the board if the alleged offenses by an offender, in the
12aggregate, do not involve payment of more than $500.
SB1-ASA3,13,1913
(d) No individual who serves as an employee in the enforcement division and
14no individual who is retained by the board to serve as an investigator or as special
15counsel may, while so employed or retained or for 12 months after ceasing to be so
16employed or retained, become a candidate, as defined in s. 11.01 (1), for state or local
17office. A filing officer shall decline to accept nomination papers or a declaration of
18candidacy from any individual who does not qualify to become a candidate under this
19paragraph.
SB1-ASA3, s. 12
21Section
12. 5.05 (3g) of the statutes is created to read:
SB1-ASA3,13,2322
5.05
(3g) Chief election officer. The board shall designate an employee of
23the board to serve as the chief election officer of this state.
SB1-ASA3, s. 14
25Section
14. 5.05 (5s) (title), (d) and (e) of the statutes are created to read:
SB1-ASA3,14,7
15.05
(5s) (title)
Access to records. (d) If the board commences a prosecution
2of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III
3of ch. 19 as the result of an investigation, the person who is the subject of the
4investigation may authorize the board to make available for inspection and copying
5under s. 19.35 (1) records of the investigation pertaining to that person if the records
6are available by law to the subject person and the board shall then make those
7records available.
SB1-ASA3,14,98
(e) The following records of the board are open to public inspection and copying
9under s. 19.35 (1):
SB1-ASA3,14,1110
1. Any record containing a finding that a complaint does not raise a reasonable
11suspicion that a violation of the law has occurred.
SB1-ASA3,14,1312
2. Any record containing a finding, following an investigation, that no probable
13cause exists to believe that a violation of the law has occurred.
SB1-ASA3,14,20
175.052 Government accountability and integrity candidate committee. 18(1) The government accountability and integrity candidate committee shall
19organize whenever a vacancy occurs in the membership of the board that requires
20a nomination to be submitted to the governor under s. 15.60 (2).
SB1-ASA3,14,22
21(2) No person may be nominated by the committee unless the person receives
22the unanimous approval of the committee.
SB1-ASA3,14,24
23(3) Except as provided in sub. (4), the committee shall submit the following
24number of nominations:
SB1-ASA3,15,2
1(a) To fill any vacancy if the member must be a retired judge of a court of record
2in this state, 2 nominations.
SB1-ASA3,15,43
(b) To fill one vacancy if the member must be a former elective official of a local
4governmental unit, 2 nominations.
SB1-ASA3,15,65
(c) To fill 2 vacancies, if both members must be former elective officials of local
6governmental units in this state, 3 nominations.
SB1-ASA3,15,77
(d) To fill one vacancy in any other position, 2 nominations.