LRB-1451/1
JTK:cs/lk/wj:jf
January 2007 Special Session
2007 - 2008 LEGISLATURE
January 11, 2007 - Introduced by
Joint Committee on Legislative Organization.
Referred to Committee on Ethics Reform and Government Operations.
SB1,3,2
1An Act to repeal 5.05 (1) (a), 5.05 (3), 5.05 (5), 5.05 (6), 5.68 (7), 7.21 (2m), 11.38
2(5), 13.69 (8), 15.07 (5) (k), 15.07 (5) (n), 15.61, 15.62, 19.42 (10) (a), 19.47 (2),
319.47 (4), 19.49 (title), 19.49 (1), 19.49 (3), 19.49 (4), 19.50 (title), 19.50 (2), 19.51
4(title), 19.51 (1) (a) and (b), 19.51 (3), 19.52, 19.53 (intro.), 19.53 (1) to (5), 19.53
5(7) and (8), 19.535, 19.54, 19.545, 20.510 (intro.), 20.510 (1) (title), 20.510 (1) (a),
620.510 (1) (gm), 20.510 (1) (h), 20.510 (1) (i), 20.511 (1) (c), 20.521 (intro.), 20.521
7(1) (title), 20.521 (1) (a), 20.521 (1) (g), 20.521 (1) (i), 20.923 (4) (d) 3., 20.923 (4)
8(d) 4., 230.08 (2) (om), 230.08 (2) (wm) and 778.136;
to renumber 19.49 (1m),
919.50 (4) and (5), 19.51 (2), 19.579, 20.510 (1) (b), 20.510 (1) (bm), 20.510 (1) (c),
1020.510 (1) (d), 20.510 (1) (g), 20.510 (1) (j), 20.510 (1) (q), 20.510 (1) (t) and 20.510
11(1) (x);
to renumber and amend 15.617, 19.46 (2), 19.49 (2), 19.49 (5), 19.50
12(intro.) and (1), 19.50 (3), 19.51 (1) (intro.), 19.53 (6), 19.55 (2) (a), 19.55 (2) (b),
1320.521 (1) (b) and 20.521 (1) (h);
to amend 5.02 (1s), 5.05 (title), 5.05 (1) (intro.),
145.05 (1) (b), 5.05 (1) (c), 5.05 (1) (e), 5.05 (9), 5.05 (11), 5.055, 5.056, 5.08, 5.09,
15.40 (7), 5.62 (4) (b), 5.68 (4), 6.26 (2) (b), 6.26 (2) (c), 6.36 (2) (a), 6.56 (3) to (5),
27.08 (title), 7.08 (7), 7.15 (1) (g), 7.31 (5), 7.60 (4) (a), 7.60 (5), 7.70 (1), 7.70 (5),
38.05 (1) (j) 3., 8.10 (5), 8.15 (4) (b), 8.18 (2), 8.20 (6), 8.50 (3) (a), 8.50 (3) (e), 9.01
4(1) (a) 1., 9.01 (1) (ag) 4., 9.01 (1) (ar) 2., 9.01 (10), 10.06 (1) (title), 11.21 (title),
511.21 (7) (intro.), 11.22 (4), 11.60 (4), 11.60 (5), 11.61 (2), 13.123 (3) (b) 2., 13.23,
613.62 (4), 13.685 (title), 13.94 (1) (k), 14.58 (20), 15.07 (1) (cm), 15.07 (4), 16.753
7(2), 16.79 (2), 16.96 (3) (b), 16.973 (6), 17.17 (1), 17.17 (4), 19.42 (3), 19.43 (4),
819.43 (5), 19.45 (6), 19.46 (1) (intro.), 19.47 (5), 19.55 (1), 19.55 (2) (c), 19.579
9(title), 19.59 (1) (g) 8., 19.85 (1) (h), 20.455 (1) (b), 20.930, 46.95 (4), 59.605 (3)
10(a) 3., 67.05 (3) (b), 67.05 (6), 71.10 (3) (b), 73.0301 (1) (d) 13., 73.0301 (1) (e),
1185.61 (1), 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10.,
12165.25 (1), 165.93 (4), 198.08 (10), 200.09 (11) (am) 2. and 3., 227.03 (6), 227.45
13(1), 227.46 (1) (intro.), 227.52 (6), 230.08 (4) (a), 234.02 (3m) (c), 301.03 (20m),
14343.11 (2m), 560.04 (2m), 778.135, 801.52 and 978.05 (1) and (2);
to repeal and
15recreate 15.07 (1) (a) 2. and 20.005 (3) (schedule) 20.511; and
to create 5.05
16(1e), 5.05 (1m), 5.05 (2m), (2s) and (2w), 5.05 (3g), 5.05 (5s) (title), (d) and (e),
175.052, 5.054, 8.30 (2m), 12.13 (5), 12.60 (1) (bm), 15.07 (2) (b), 15.07 (5) (m),
1815.60, 15.603, 19.851, 20.511 (intro.) and (1) (title) and (a), 20.511 (1) (h) and (i),
1920.923 (4) (f) 3j., 230.08 (2) (e) 4h., 230.08 (2) (on), 758.19 (9), 801.50 (5t) and
20971.19 (12) of the statutes;
relating to: creation of a Government
21Accountability Board, enforcement of elections, ethics, and lobbying regulation
1laws, venue for prosecution of certain offenses, granting rule-making
2authority, making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill creates a Government Accountability Board which replaces the
current Elections Board and Ethics Board. Significant provisions include:
Board structure
Currently, the Elections Board consists of eight or 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 (as
November 1, 2006, 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. The consent of a majority of the
senators present and voting is required to confirm a nominee. All members of the
Ethics Board 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. No member, for one year
immediately prior to the date of nomination, 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 an officer
or employee of a registrant under the campaign finance law. No member, while
serving on the board or for 12 months thereafter, may become a candidate for state
or local elective office. In addition, no member, while serving on the board, may make
a political contribution to a candidate for state or local elective office.
This bill abolishes both boards and replaces them with a Government
Accountability Board. Under the bill, the board is composed of six members serving
for staggered four-year terms who are nominated by the governor and appointed
with the advice and consent of the senate. The consent of two-thirds of the senators
present and voting is required to confirm a nominee. However, the bill provides that
the governor shall submit three of the nominees to initially fill seats on the board
solely to the senate for confirmation by a majority of the senators who are present
and voting and shall submit three of the nominees to initially fill seats on the board
solely to the assembly for confirmation by a majority of the representatives to the
assembly who are present and voting. Each of the members of the Government
Accountability Board must be a retired judge of a court of record in this state who was
elected to serve in the position that he or she held. Each of the members must be
appointed from nominations submitted by a Governmental Accountability
Candidate Committee, which consists of one court of appeals judge from each of the
court of appeals districts who serve for two-year terms. 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, except that a member may serve as a circuit judge or court of appeals judge
if appointed on a reserve basis. No member, for one year immediately prior to the
date of nomination, 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 state or local elective office
or an officer or employee of a registrant under the campaign finance law. No member
may, while serving on the board or for 12 months thereafter, become a candidate for
state or local elective office. No member may be a lobbyist or an employee of a
principal (person who employs a lobbyist). The chairperson of the board is chosen
by lot by the current chairperson at the first meeting of the board in January of each
year. The concurrence of at least four members is required for the board to take any
action. No member, for 12 months prior to beginning that service, may have made
a political contribution to a candidate for a partisan state or local office.
Currently, the Elections Board and the Ethics Board must employ executive
directors outside the classified service and the Elections Board must employ legal
counsel. This bill directs the Government Accountability Board to employ an
individual outside the classified service to serve as legal counsel to the board, who
is directed to provide legal and administrative functions for the board. The bill
prescribes certain other statutory responsibilities for this officer.
The bill creates two divisions within the Government Accountability Board.
The divisions are an Ethics and Accountability Division and an Elections Division.
The Ethics and Accountability Division has the responsibility for the administration
of the campaign finance law. Each division is headed by a division administrator who
is appointed outside the classified service by the board to serve at its pleasure. The
bill prescribes certain statutory responsibilities for the administrators.
The bill does not authorize any new positions for the administrators. The bill
transfers all authorized FTE positions of the Elections Board and Ethics Board to the
Government Accountability Board. The bill also transfers all incumbent employees
in the positions, except the executive directors of the boards. Under the bill, the staff
members who have civil service rights retain those rights.
Enforcement procedures
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. Under current law, the attorney
general is directed to investigate crimes that are statewide in nature and to
represent state agencies and witnesses in court. In addition, under current law, the
attorney general has certain limited responsibilities related to administration and
enforcement of the elections, ethics, and lobbying regulation laws and may prosecute
certain offenses when the Ethics Board so requests or when a district attorney
declines or fails to do so.
This bill maintains the current shared enforcement authority between the
Government Accountability Board and the district attorneys, but deletes the
enforcement authority of county boards of election commissioners. The bill
maintains the current responsibilities of the attorney general but modifies the
authority of the attorney general to prosecute most offenses under the elections,
ethics, and lobbying regulation laws. In addition, the bill creates a new investigatory
and prosecution procedure that is uniformly applicable to all investigations and
prosecutions of violations of the elections, ethics, and lobbying regulation laws by the
Government Accountability Board. Under the bill, the board may investigate any
alleged violation of the elections, ethics, or lobbying regulation laws and may
prosecute alleged civil violations. The board may also refer suspected civil or
criminal violations to the appropriate district attorney. Any person may file a
compliant with the board alleging a violation of the elections, ethics, or lobbying
regulation laws. If the board reviews a complaint and does not find that there is a
reasonable suspicion that a violation has occurred or is occurring, the board must
dismiss the complaint. If the board determines that there is a reasonable suspicion
that a violation has occurred or is occurring, it may direct the administrator of the
ethics and accountability division of the board to submit the names of three qualified
individuals to act as special investigators. The board may retain one or more of the
special investigators. The board may also authorize the administrator to investigate
any matter without retaining an investigator. If the board retains a special
investigator, the board may issue a subpoena to a specific person or may authorize
the investigator to obtain a search warrant if the board approves that action by
motion at a meeting of the board. A special investigator or the administrator must
report to the board concerning an investigation at least once every 30 days. The
board must meet with the special investigator or administrator at least once every
90 days to review the progress of an investigation. The investigation terminates
after 90 days unless the board votes to continue it for an additional period not
exceeding 90 days. The board is prohibited from expending more than $10,000 to
finance the cost of an investigation before receiving a report on the progress of the
investigation and a recommendation to commit additional resources. The board may
vote to terminate an investigation at any time. If the board finds that there is
probable cause to believe that a violation of the elections, ethics, or lobbying
regulation laws has occurred or is occurring, it may authorize the filing of a civil
complaint against a person and may, in addition, request the administrator to submit
the names of three individuals to act as special counsel. If the board retains special
counsel, the bill provides for the counsel to be paid from a sum sufficient
appropriation from general purpose revenue. Once retained, the special counsel
proceeds with the case in the manner he or she sees fit, with the assistance of the staff
of the board if requested. Alternatively, the board may refer the matter to the district
attorney for the county having authority to prosecute the matter for potential civil
or criminal prosecution or in certain cases to another district attorney or to the
attorney general (see below). Under the bill, the only authority of the attorney
general to prosecute violations of the elections, ethics, and lobbying regulation laws
is upon referral by the Government Accountability Board after two district attorneys
have declined or failed to act or in criminal cases involving a district attorney or
circuit judge or a candidate for one of those offices.
The bill permits the Government Accountability Board, by rule, to authorize
the administrator of the ethics and accountability 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 $1,000. The bill provides that no individual who serves as an employee
of the board and no individual who is retained to serve as a special investigator or
special counsel for the board 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.
In addition, under the bill, no such employee or individual, while serving in his or
her position, may make a political contribution to a candidate for state or local office,
and no such employee or individual, for 12 months prior to becoming so employed or
retained, may have made a political contribution to a candidate for a partisan state
or local office.
Venue
Currently, civil prosecutions for violations of the elections laws are brought by
the Elections Board or by a district attorney in circuit court for the county where the
violation is alleged to occur. Civil violations of the ethics or lobbying regulation laws
may be prosecuted by the Ethics Board in an administrative proceeding. Currently,
with limited exceptions, a defendant in a criminal trial is tried in circuit court for the
county where the defendant's crime is alleged to have been committed by the district
attorney for that county, 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, and except that the
district attorney may request the appointment of, or a circuit judge may appoint,
another prosecutor. Currently, a defendant in a trial to impose a civil (monetary)
forfeiture for most offenses is generally tried in circuit court for the county where the
offense is alleged to occur.
This bill provides that if the defendant in a civil or criminal trial for a violation
of the elections, ethics, or lobbying regulation laws is a resident of this state, the trial
must be held in circuit court for the county where the defendant resides, except that
a civil or criminal trial may be moved in the same manner as currently provided for
criminal trials. Under the bill, with the same limited exceptions, the prosecution is
conducted by the district attorney for the county where the trial is required to be held
prior to any removal, unless that district attorney requests, or the circuit judge
appoints, another prosecutor. The bill provides, however, that if the Government
Accountability Board refers any matter to the district attorney for the county in
which the alleged violator resides for prosecution and the district attorney informs
the board that he or she declines to prosecute any civil or criminal violation related
to any matter referred to the district attorney by the board, or the district attorney
fails to commence a civil or criminal prosecution related to any such matter within
60 days of the date of referral, the board may then refer the matter to the district
attorney for a prosecutorial unit that is contiguous to the prosecutorial unit of the
district attorney to whom the matter was originally referred. If there is more than
one such prosecutorial unit, the chairperson of the board determines the
prosecutorial unit of the district attorney to whom the matter is to be referred by the
public drawing of lots at a meeting of the board. The district attorney for the
contiguous prosecutorial unit may then commence a civil or criminal prosecution
related to any of the alleged violations referred to him or her by the board. The bill
provides, in addition, that if the district attorney to whom a matter is rereferred by
the board informs the board that he or she declines to prosecute any civil or criminal
violation related to any matter referred to the district attorney by the board, or if that
district attorney fails to commence any civil or criminal prosecution related to any
such matter within 60 days of the date of the referral, the board may then refer the
matter to the attorney general, who may then commence a civil or criminal
prosecution related to any of the alleged violations referred to him or her by the
board. However, the venue for the trial is not altered by the substitution of the
prosecutor. Under the bill, if a special prosecutor is appointed in lieu of the district
attorney for the county in which the alleged violator resides, the board is not
authorized to appoint another prosecutor.
The bill also provides that violations of any civil or criminal laws by a resident
of this state arising from or in relation to the official functions of the subject of the
investigation or any matter that involves elections, ethics, or lobbying regulation
laws shall be prosecuted in circuit court for the county where the defendant resides
by the district attorney for that county, subject to the current exceptions.
Advisory opinions
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 bill 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. Currently,
the Ethics Board may authorize its executive director issue opinions on its behalf.
The bill permits the Government Accountability Board to authorize an
employee of the board to issue informal opinions on its behalf. The bill requires every
opinion issued by the staff to be consistent with applicable opinions of the
Government Accountability Board. The bill provides that in order to have legal force
and effect, each advisory opinion issued by the board must be supported by specific
legal authority under a statute or other law, or case or common law authority. In
addition, each opinion must include citations to that authority, and must specifically
articulate or explain which parts of the cited authority are relevant to the board's
conclusion and why they are relevant. Under the bill, no person acting in good faith
upon an opinion of the board is subject to criminal or civil prosecution for so acting,
but the board may withdraw or modify opinions and no person is protected from
liability unless that person acts in accordance with a current opinion. The bill
permits a person who disagrees with an opinion issued to the person to request and
receive a public or private hearing before the board on the matter.
Implementation
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. Currently, the Ethics Board has a sum
certain appropriation to finance the cost of investigations of potential violations of
the code of ethics for public officials. This bill creates an appropriation structure for
the Government Accountability Board that is similar to the structure that is
currently provided for the existing boards, except that the bill appropriates a sum
sufficient to finance the costs of investigations of potential violations of the elections,
ethics, and lobbying regulation laws by the Government Accountability Board. The
bill makes an appropriation to the Joint Committee on Finance to enable the
committee to provide transitional funding to the Government Accountability Board
during the 2006-07 fiscal year. In addition, the bill creates a budget for the
Government Accountability Board for the 2007-09 fiscal biennium. This budget is
subject to review and revision as a part of the 2007-09 biennial budget bill.
The bill provides for the bill to become law on the day after publication as an
act, after which date the members of the Government Accountability Board may be
appointed and take office, and the board may employ staff and expend moneys from
its appropriation for general program operations. However, the existing Elections
Board and Ethics Board continue in operation until the first day of the seventh
month beginning after publication of the act resulting from enactment of the bill.
Under the bill, the Government Accountability Board may not exercise
administrative or enforcement authority until that date. The bill 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 divisions within the board, and the
administrators of the divisions.
The bill directs the Government Accountability Board to hold one or more
public hearings on the question of reaffirmation of each rule that has been
promulgated and each order that has been issued by the Elections Board or the
Ethics Board and that is in effect on the date of the Government Accountability
Board's initial meeting. The bill further directs the Government Accountability
Board to hold one or more public hearings on the question of reaffirmation of each
formal opinion that has been issued by the Elections Board or the Ethics Board and
that has not been withdrawn or modified on the date of the Government
Accountability Board's initial meeting. Similarly, the bill directs the Government
Accountability Board to hold one or more public hearings on the question of
reaffirmation of each guideline that has been issued by the Ethics Board. The bill
also provides that every rule promulgated and every order issued by the Elections
Board or the Ethics Board that is in effect on the day of the Government
Accountability Board's initial meeting shall expire on its specified expiration date or
365 days after the date of the Government Accountability Board's initial meeting,
whichever is earlier, unless the Government Accountability Board repeals or amends
the rule, effective on a earlier date, or the Government Accountability Board
reaffirms the rule or order before its expiration. In addition, the bill provides that
every formal opinion issued by the Elections Board or the Ethics Board that has not
been withdrawn or modified on the date of the Government Accountability Board's
initial meeting remains in effect until the end of the 365-day period beginning on the
date of that meeting unless the Government Accountability Board withdraws or
modifies the opinion on an earlier date or the Government Accountability Board
reaffirms the opinion on an earlier date. Similarly, the bill provides that every
guideline issued by the Ethics Board must be withdrawn by the Government
Accountability Board no later than the end of the 365-day period beginning on the
date of that board's initial meeting unless that board chooses to withdraw or revise
the guideline at an earlier date or unless the board specifically votes to reaffirm the
current text of the guideline as issued prior to the end of that period. The bill permits
the Government Accountability Board to extend the expiration date, the period of
effectiveness, or the circulation period of any rule, order, or formal opinion of either
board or any guideline that has been issued by the Ethics Board by not more than
three months at a time, but not more than six months in all.
The bill also directs the Government Accountability Board, within one year
after the date of the board's initial meeting, to review all internal operating
procedures of the Ethics Board and the Elections Board in effect on the date of that
meeting that affect the manner in which the board interrelates with persons who are
not employees of the Government Accountability Board. The review must
specifically address the degree to which employees are authorized to perform their
functions without direct supervision or approval of the Government Accountability
Board. While the review is underway, the bill provides that no employee of the
Government Accountability Board may make any change in such an internal
operating procedure unless the board holds a public hearing concerning the proposed
change and the board specifically approves the change.
Records and information
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
bill provides specifically that investigatory records of the Government
Accountability 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 bill, except as specifically authorized by law, an
investigator, prosecutor, employee of an investigator or prosecutor, or member or
employee of the board who verbally discloses information related to an investigation
or prosecution under the elections, ethics, or lobbying regulation laws or other laws
arising from or in relation to the official functions of the subject of the investigation
or any matter that involves elections, ethics, or lobbying regulation or who provides
public access to a record of the investigator, prosecutor, or the board that is not
accessible to the public prior to presentation of the information or record in a court
of law is guilty of a misdemeanor and may be fined not more than $10,000 or
imprisoned for not more than nine months or both.
Closed sessions
Currently, state boards may convene in closed session to discuss the
investigation of charges against specific persons. This bill provides that the
Government Accountability Board must convene in closed session for the purpose of
deliberating concerning any investigation under the board's jurisdiction. If any
member of the board knowingly attends a meeting held in violation of this
requirement, the member is subject to a forfeiture (civil penalty) of not less than $25
nor more than $300 for each offense.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that if any part of the act resulting from enactment of the bill is
found by a court to be invalid, then all parts of the act are void, except that any such
invalidation does not revive any law that is repealed by this bill nor revive any
administrative body that was in existence prior to the day this bill becomes law.
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:
SB1, s. 1
1Section
1. 5.02 (1s) of the statutes is amended to read:
SB1,11,1
15.02
(1s) "Board" means the
elections government accountability board.
SB1, s. 2
2Section
2. 5.05 (title) of the statutes is amended to read:
SB1,11,4
35.05 (title)
Elections Government accountability board; powers and
4duties.
SB1, s. 3
5Section
3. 5.05 (1) (intro.) of the statutes is amended to read:
SB1,11,96
5.05
(1) General authority. (intro.) The
elections government accountability
7board shall have the responsibility for the administration of chs. 5 to 12
and, other
8laws relating to elections and election campaigns
, subch. III of ch. 13, and subch. III
9of ch. 19. Pursuant to such responsibility, the board may:
SB1, s. 4
10Section
4. 5.05 (1) (a) of the statutes is repealed.
SB1, s. 5
11Section
5. 5.05 (1) (b) of the statutes is amended to read:
SB1,11,2312
5.05
(1) (b) In the discharge of its duties and
upon after providing notice to
the 13any party
or parties being investigated who is the subject of an investigation,
14subpoena and bring before it any person
in the state and require the production of
15any papers, books
, or other records relevant to an investigation.
Notwithstanding
16s. 885.01 (4), the issuance of a subpoena requires action by the board at a meeting
17of the board. A circuit court may by order permit the inspection and copying of the
18accounts and the depositor's and loan records at any financial institution
, as defined
19in s. 705.01 (3)
, doing business in the state to obtain evidence of any violation of ch.
2011 upon showing by the board of probable cause to believe there is a violation and that
21such accounts and records may have a substantial relation to the violation. In the
22discharge of its duties, the board may cause the deposition of witnesses to be taken
23in the manner prescribed for taking depositions in civil actions in circuit court.
SB1, s. 6
24Section
6. 5.05 (1) (c) of the statutes is amended to read:
SB1,13,5
15.05
(1) (c) Bring civil actions to require
forfeitures a forfeiture for any violation
2of
ch. 11 under s. 11.60. Forfeiture actions brought by the board may concern only
3violations with respect to reports or statements required by law to be filed with it,
4and other violations arising under elections for state office or statewide referenda 5chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
6violation of subch. III of ch. 13 for which the offender is subject to a revocation. The
7board may compromise and settle any civil action or potential action brought or
8authorized to be brought by it
under ch.11 which, in the opinion of the board,
9constitutes a minor violation, a violation caused by excusable neglect, or which for
10other good cause shown, should not in the public interest be prosecuted under such
11chapter. Notwithstanding s. 778.06,
an a civil action or proposed
civil action
12authorized under this paragraph may be settled for such sum as may be agreed
13between the parties. Any settlement made by the board shall be in such amount as
14to deprive the alleged violator of any benefit of his or her wrongdoing and may
15contain a penal component to serve as a deterrent to future violations. In settling
16civil actions or proposed
civil actions, the board shall treat comparable situations in
17a comparable manner and shall assure that any settlement bears a reasonable
18relationship to the severity of the offense or alleged offense.
Forfeiture Except as
19otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, 5.081, 19.535, and 19.59
20(8), forfeiture and license revocation actions brought by the board shall be brought
21in the circuit court
for the county where the defendant resides, or if the defendant
22is a nonresident of this state, in circuit court for the county wherein the violation is
23alleged to occur.
For purposes of this paragraph, a person other than a natural
24person resides within a county if the person's principal place of operation is located
25within that county. Whenever the board enters into a settlement agreement with an
1individual who is accused of a civil violation of chs. 5 to 12, subch. III of ch. 13, or
2subch. III of ch. 19 or who is investigated by the board for a possible civil violation
3of one of those provisions, the board shall reduce the agreement to writing, together
4with a statement of the board's findings and reasons for entering into the agreement
5and shall retain the agreement and statement in its office for inspection.
SB1, s. 7
6Section
7. 5.05 (1) (e) of the statutes is amended to read:
SB1,13,157
5.05
(1) (e) Delegate to
its executive director its
legal counsel the authority to
8issue a subpoena under par. (b), apply for a search warrant under par. (b), commence
9an action under par. (d), intervene in
an a civil action or proceeding under sub. (9),
10issue an order under s. 5.06, exempt a polling place from accessibility requirements
11under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting
12machines or an electronic voting system under s. 5.40 (5m), approve an electronic
13data recording system for maintaining poll lists under s. 6.79, or authorize
14nonappointment of an individual who is nominated to serve as an election official
15under s. 7.30 (4) (e), subject to such limitations as the board deems appropriate.
SB1, s. 8
16Section
8. 5.05 (1e) of the statutes is created to read:
SB1,13,1817
5.05
(1e) Actions by the board. Any action by the board requires the
18affirmative vote of at least 4 members.
SB1, s. 9
19Section
9. 5.05 (1m) of the statutes is created to read:
SB1,13,2220
5.05
(1m) Legal counsel. The board shall employ outside the classified service
21an individual to serve as legal counsel who shall perform legal and administrative
22functions for the board.
SB1, s. 10
23Section
10. 5.05 (2m), (2s) and (2w) of the statutes are created to read:
SB1,14,424
5.05
(2m) Enforcement. (a) The board shall investigate violations of laws
25administered by the board and may prosecute alleged civil violations of those laws,
1directly or through its agents under this subsection, pursuant to all statutes granting
2or assigning that authority or responsibility to the board. Prosecution of alleged
3criminal violations investigated by the board may be brought only as provided in par.
4(c) 11., 14., 15., and 16. and s. 978.05 (1).
SB1,14,95
(c) 2. a. Any person may file a complaint with the board alleging a violation of
6chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19. If the board finds, by a
7preponderance of the evidence, that a complaint is frivolous, the board may order the
8complainant to forfeit not more than the greater of $500 or the expenses incurred by
9the division in investigating the complaint.
SB1,15,710
4. If the board reviews a complaint and fails to find that there is a reasonable
11suspicion that a violation under subd. 2. has occurred or is occurring, the board shall
12dismiss the complaint. If the board believes that there is reasonable suspicion that
13a violation under subd. 2. has occurred or is occurring, the board may by resolution
14authorize the commencement of an investigation. The resolution shall specifically
15set forth any matter that is authorized to be investigated. To assist in the
16investigation, the board may elect to retain a special investigator. If the board elects
17to retain a special investigator, the administrator of the ethics and accountability
18division shall submit to the board the names of 3 qualified individuals to serve as a
19special investigator. The board may retain one or more of the individuals. If the
20board retains a special investigator to investigate a complaint against a person who
21is a resident of this state, the board shall provide to the district attorney for the
22county in which the person resides a copy of the complaint and shall notify the
23district attorney that it has retained a special investigator to investigate the
24complaint. For purposes of this subdivision, a person other than a natural person
25resides within a county if the person's principal place of operation is located within
1that county. The board shall enter into a written contract with any individual who
2is retained as a special investigator setting forth the terms of the engagement. A
3special investigator who is retained by the board may request the board to issue a
4subpoena to a specific person or to authorize the special investigator to request a
5circuit court to issue a search warrant. The board may grant the request by
6approving a motion to that effect at a meeting of the board if the board finds that such
7action is legally appropriate.
SB1,16,28
5. Each special investigator who is retained by the board shall make periodic
9reports to the board, as directed by the board, but in no case may the interval for
10reporting exceed 30 days. If the board authorizes the administrator of the ethics and
11accountability division to investigate any matter without retaining a special
12investigator, the administrator shall make periodic reports to the board, as directed
13by the board, but in no case may the reporting interval exceed 30 days. During the
14pendency of any investigation, the board shall meet for the purpose of reviewing the
15progress of the investigation at least once every 90 days. The special investigator or
16the administrator shall report in person to the board at that meeting concerning the
17progress of the investigation. If, after receiving a report, the board does not vote to
18continue an investigation for an additional period not exceeding 90 days, the
19investigation is terminated at the end of the reporting interval. The board shall not
20expend more than $10,000 to finance the cost of an investigation before receiving a
21report on the progress of the investigation and recommendation to commit additional
22resources. The board may vote to terminate an investigation at any time. If an
23investigation is terminated, any complaint from which the investigation arose is
24deemed to be dismissed by the board. Unless an investigation is terminated by the
1board, at the conclusion of each investigation, the administrator shall present to the
2board one of the following:
SB1,16,53
a. A recommendation to make a finding that probable cause exists to believe
4that one or more violations under subd. 2. have occurred or are occurring, together
5with a recommended course of action.
SB1,16,76
b. A recommendation for further investigation of the matter together with facts
7supporting that course of action.
SB1,16,98
c. A recommendation to terminate the investigation due to lack of sufficient
9evidence to indicate that a violation under subd. 2 has occurred or is occurring.
SB1,16,1910
6. a. If the board finds that there is probable cause to believe that a violation
11under subd. 2. has occurred or is occurring, the board may authorize the
12administrator of the ethics and accountability division to file a civil complaint
13against the alleged violator. In such case, the administrator may request the
14assistance of special counsel to prosecute any action brought by the board. If the
15administrator requests the assistance of special counsel with respect to any matter,
16the administrator shall submit to the board the names of 3 qualified individuals to
17serve as special counsel. The board may retain one of the individuals to act as special
18counsel. The staff of the board shall provide assistance to the special counsel as may
19be required by the counsel to carry out his or her responsibilities.
SB1,16,2520
b. The board shall enter into a written contract with any individual who is
21retained as special counsel setting forth the terms of the engagement. The contract
22shall set forth the compensation to be paid such counsel by the state. The contract
23shall be executed on behalf of the state by the board's legal counsel, who shall file the
24contract in the office of the secretary of state. The compensation shall be charged to
25the appropriation under s. 20.455 (1) (b).
SB1,17,2
17. No individual who is appointed or retained by the board to serve as special
2counsel or as a special investigator is subject to approval under s. 20.930.