Amendment ASA1-AB1189

AB1189-ASA1,31,22 11.61 (2) Except as provided in s. 11.38 (5), all prosecutions under this section shall be conducted by the board or by district attorney of for the county where the violation is alleged to have occurred. If the district attorney refuses to act upon a sworn complaint, or fails to act upon such a complaint within 60 days of the date on which the complaint is received, the attorney general may then conduct the prosecution under this section. If a violation concerns a district attorney or circuit judge or a candidate for such offices either such office, the prosecution shall be conducted by the board or by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint a special prosecutor under s. 14.11 (2) to conduct the prosecution in behalf of the state. The prosecutor shall be independent of the attorney general and need not be a state employee at the time of appointment.

AB1189-ASA1, s. 49 Section 49. 13.123 (3) (b) 2. of the statutes is amended to read:

AB1189-ASA1,32,2 13.123 (3) (b) 2. In making the determination under subd. 1., the chief clerk is bound by the determination of the chairperson of the elections government accountability board or the chairperson's designee if such determination has been issued.

AB1189-ASA1, s. 50 Section 50. 13.23 of the statutes is amended to read:

AB1189-ASA1,32,13 13.23 Election contests; notice. Any person wishing to contest the election of any senator or member of the assembly shall, within 30 days after the decision of the board of canvassers, serve a notice in writing on the person whose election the contestant intends to contest, stating briefly that the election will be contested and the cause of such contest, and shall file a copy thereof in the office of the elections government accountability board at least 10 days before the day fixed by law for the meeting of the legislature. The elections government accountability board shall then send a copy of s. 13.24 to both contestants. If any contestant fails to so file a copy of such notice, the contestant shall not be entitled to any mileage or salary in case payment has been made therefor to the sitting member.

AB1189-ASA1, s. 51 Section 51. 13.62 (4) of the statutes is amended to read:

AB1189-ASA1,32,15 13.62 (4) "Board" means the ethics government accountability board.

AB1189-ASA1, s. 52 Section 52. 13.685 (title) of the statutes is amended to read:

AB1189-ASA1,32,17 13.685 (title) Duties of the ethics government accountability board.

AB1189-ASA1, s. 53 Section 53. 13.94 (1) (k) of the statutes is amended to read:

AB1189-ASA1,32,20 13.94 (1) (k) Provide auditing services at the direction of the elections government accountability board under s. 5.05 (2).

AB1189-ASA1, s. 54 Section 54. 14.58 (20) of the statutes is amended to read:

AB1189-ASA1,32,24 14.58 (20) Election campaign fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections government accountability board as eligible to receive moneys from the Wisconsin election campaign fund.

AB1189-ASA1, s. 55 Section 55. 15.03 of the statutes is renumbered 15.03 (intro.) and amended to read:

AB1189-ASA1,33,13 15.03 Attachment for limited purposes. (intro.) Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with:

AB1189-ASA1,33,19 (1) Commissioner of railroads. With respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

AB1189-ASA1, s. 56 Section 56. 15.03 (2) of the statutes is created to read:

AB1189-ASA1,33,24 15.03 (2) Enforcement division of government accountability board. With respect to the enforcement division of the government accountability board, all budget requests by the division shall be submitted by the board to the department of administration without change except as concurred in by the division.

AB1189-ASA1, s. 57 Section 57. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:

AB1189-ASA1,34,3 15.07 (1) (a) 2. Members of the government accountability board shall be nominated by the governor, and with the advice and consent of the assembly and senate appointed, to serve for terms prescribed by law.

AB1189-ASA1, s. 58 Section 58. 15.07 (1) (cm) of the statutes, as affected by 2005 Wisconsin Acts 25 and 76, is amended to read:

AB1189-ASA1,34,17 15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year.

AB1189-ASA1, s. 59 Section 59. 15.07 (4) of the statutes is amended to read:

AB1189-ASA1,34,23 15.07 (4) Quorum. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the ethics board or the school district boundary appeal board as provided in ss. 19.47 (4) and s. 117.05 (2) (a).

AB1189-ASA1, s. 60 Section 60. 15.07 (5) (k) of the statutes is repealed.

AB1189-ASA1, s. 61 Section 61. 15.07 (5) (m) of the statutes is created to read:

AB1189-ASA1,35,1 15.07 (5) (m) Members of the government accountability board, $25 per day.

AB1189-ASA1, s. 62 Section 62. 15.07 (5) (n) of the statutes is repealed.

AB1189-ASA1, s. 63 Section 63. 15.60 of the statutes is created to read:

AB1189-ASA1,35,6 15.60 Government accountability board; creation. (1) There is created a government accountability board consisting of 7 persons. Members shall serve for 4-year terms.

AB1189-ASA1,35,12 (2) (a) All members of the board shall be appointed from nominations submitted to the governor by a nominating committee to be called the governmental accountability candidate committee, which shall consist of one court of appeals judge from each of the court of appeals districts. The court of appeals judges shall be chosen as members by lot by the chief justice of the supreme court in the presence of the other justices of the supreme court.

AB1189-ASA1,35,17 (3) Four members of the board shall have prosecutorial experience. If, as a result of a vacancy in the membership of the board, the remaining membership does not satisfy the membership requirements of this subsection, no person may be appointed to serve as a member if the person's qualifications would not contribute to satisfaction of the membership requirements of this subsection.

AB1189-ASA1,35,19 (4) One member of the board shall be a retired judge of a court of record in this state.

AB1189-ASA1,35,21 (5) No member may hold another office or position that is a state public office or a local public office, as defined in s. 19.42.

AB1189-ASA1,36,2 (6) No member, for one year immediately prior to the date of appointment may have been, or 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, an officer or employee of a registrant under s. 11.05, or a candidate for any partisan elective public office.

AB1189-ASA1,36,4 (7) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee of a principal, as defined in s. 13.62 (12).

AB1189-ASA1, s. 64 Section 64. 15.603 of the statutes is created to read:

AB1189-ASA1,36,12 15.603 Same; specified divisions. (1) Enforcement division. There is created in the government accountability board an enforcement division, which is attached to the board under s. 15.03. The enforcement division shall be under the direction and supervision of an administrator, who shall be appointed by the executive director of the board, with the advice and consent of the board, to serve for a term of not less than 4 years nor more than 6 years expiring on September 1 of an odd-numbered year.

AB1189-ASA1, s. 65 Section 65. 15.61 of the statutes is repealed.

AB1189-ASA1, s. 66 Section 66. 15.617 of the statutes is renumbered 15.607, and 15.607 (1) of the statutes, as renumbered, is amended to read:

AB1189-ASA1,36,24 15.607 (1) Election administration council. There is created in the elections government accountability board an election administration council consisting of members appointed by the executive director of the elections government accountability board, including the clerk or executive director of the board of election commissioners of the 2 counties or municipalities in this state having the largest population, one or more election officials of other counties or municipalities, representatives of organizations that advocate for the interests of individuals with disabilities and organizations that advocate for the interests of the voting public, and other electors of this state.

AB1189-ASA1, s. 67 Section 67. 15.62 of the statutes is repealed.

AB1189-ASA1, s. 68 Section 68. 16.79 (2) of the statutes is amended to read:

AB1189-ASA1,37,9 16.79 (2) The department shall distribute in pamphlet form copies of the constitution and such laws as may be required to meet the public demand, including the election laws. The department shall distribute election manuals, forms, and supplies specified by the elections government accountability board. The laws, manuals, forms, and supplies shall be sold by the department at cost, including distribution cost as determined under s. 35.80. The elections government accountability board shall inform the department in writing as to which election manuals, forms, and supplies shall be offered for distribution under this subsection.

AB1189-ASA1, s. 69 Section 69. 16.96 (3) (b) of the statutes is amended to read:

AB1189-ASA1,37,14 16.96 (3) (b) Maintain and keep current throughout the decade the maps of congressional and legislative district boundaries received from the legislative reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the elections government accountability board.

AB1189-ASA1, s. 70 Section 70. 16.973 (6) of the statutes is amended to read:

AB1189-ASA1,37,19 16.973 (6) With the advice of the ethics government accountability board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the department shall not require its paid consultants to file statements of economic interests.

AB1189-ASA1, s. 71 Section 71. 17.07 (6) of the statutes is amended to read:

AB1189-ASA1,38,3 17.07 (6) Other state officers serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 may be removed only in conformity with that chapter, and except that the administrator of the enforcement division in the government accountability board may be removed from office only by the executive director of the board, for cause.

AB1189-ASA1, s. 72 Section 72. 17.17 (1) of the statutes is amended to read:

AB1189-ASA1,38,8 17.17 (1) Senators and members of congress. In the office of United States senator or member of congress from this state, by the county clerk of the county wherein such officer resided at the time of election, to the elections government accountability board.

AB1189-ASA1, s. 73 Section 73. 17.17 (4) of the statutes is amended to read:

AB1189-ASA1,38,12 17.17 (4) Justices and judges. In the office of justice of the supreme court, court of appeals judge, or judge of a circuit court, by the director of state courts to the governor and the elections government accountability board.

AB1189-ASA1, s. 74 Section 74. 19.42 (3) of the statutes is amended to read:

AB1189-ASA1,38,14 19.42 (3) "Board" means the ethics government accountability board.

AB1189-ASA1, s. 75 Section 75. 19.42 (7t) and (11e) of the statutes are created to read:

AB1189-ASA1,38,16 19.42 (7t) "Knowingly" means acting with the belief that a specified fact is true.

AB1189-ASA1,38,18 (11e) "Political activity" means activity that is engaged in for political purposes, as defined in s. 11.01 (16).

AB1189-ASA1, s. 76 Section 76. 19.42 (10) (a) of the statutes is repealed.

AB1189-ASA1, s. 77 Section 77. 19.43 (4) of the statutes is amended to read:

AB1189-ASA1,39,14 19.43 (4) A candidate for state public office shall file with the board a statement of economic interests meeting each of the requirements of s. 19.44 (1) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers for the office which the candidate seeks, or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j), 8.10 (2) (a), 8.15 (1), or 8.20 (8) (a), no later than 4:30 p.m. on the 5th day after notification of nomination is mailed or personally delivered to the candidate by the municipal clerk in the case of a candidate who is nominated at a caucus, or no later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the candidate by the appropriate official or agency in the case of a write-in candidate or candidate who is appointed to fill a vacancy in nomination under s. 8.35 (2) (a). The information contained on the statement shall be current as of December 31 of the year preceding the filing deadline. Before certifying the name of any candidate for state public office under s. 7.08 (2) (a), the elections government accountability board, municipal clerk, or board of election commissioners shall ascertain whether that candidate has complied with this subsection. If not, the elections government accountability board, municipal clerk, or board of election commissioners may not certify the candidate's name for ballot placement.

AB1189-ASA1, s. 78 Section 78. 19.43 (5) of the statutes is amended to read:

AB1189-ASA1,40,2 19.43 (5) Each member of the investment board and each employee of the investment board who is a state public official shall complete and file with the ethics government accountability board a quarterly report of economic transactions no later than the last day of the month following the end of each calendar quarter during any portion of which he or she was a member or employee of the investment board. Such reports of economic transactions shall be in the form prescribed by the ethics government accountability board and shall identify the date and nature of any purchase, sale, put, call, option, lease, or creation, dissolution , or modification of any economic interest made during the quarter for which the report is filed and disclosure of which would be required by s. 19.44 if a statement of economic interests were being filed.

AB1189-ASA1, s. 79 Section 79. 19.45 (5m) of the statutes is created to read:

AB1189-ASA1,40,5 19.45 (5m) No state public official or state employee may engage in any activity that is prohibited under s. 230.40 or 230.405.

AB1189-ASA1, s. 80 Section 80. 19.45 (6) of the statutes is amended to read:

AB1189-ASA1,40,20 19.45 (6) No state public official, member of a state public official's immediate family, nor any organization with which the state public official or a member of the official's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds, unless the state public official has first made written disclosure of the nature and extent of such relationship or interest to the board and to the department acting for the state in regard to such contract or lease. Any contract or lease entered into in violation of this subsection may be voided by the state in an action commenced within 3 years of the date on which the ethics board, or the department or officer acting for the state in regard to the allocation of state funds from which such payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of s. 946.13.

AB1189-ASA1, s. 81 Section 81. 19.45 (15) of the statutes is created to read:

AB1189-ASA1,40,24 19.45 (15) No state public official or state employee may knowingly solicit or discourage any political activity by a person who has business before the department served by the official or employee.

AB1189-ASA1, s. 82 Section 82. 19.46 (1) (intro.) of the statutes is amended to read:

AB1189-ASA1,41,3 19.46 (1) (intro.) Except in accordance with the board's advice under sub. (2) of the executive director of the board under s. 5.05 (6a) and except as otherwise provided in sub. (3), no state public official may:

AB1189-ASA1, s. 83 Section 83. 19.46 (2) of the statutes is renumbered 5.05 (6a) and amended to read:

AB1189-ASA1,42,2 5.05 (6a) Any individual, either personally or on behalf of an organization or governmental body, may request of the board executive director of the board an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the person is or may become a party; and any appointing officer, with the consent of a prospective appointee, may request of the board executive director an advisory opinion regarding the propriety under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 of any matter to which the prospective appointee is or may become a party. The board executive director shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. The board's deliberations and actions upon The executive director may consult with the board before issuing a formal opinion but shall not reveal any information to the board that would identify the requester of the opinion. All consultations with the board concerning such requests shall be in meetings not open to the public. It is prima facie evidence of intent to comply with this subchapter chs. 5 to 12 or subch. III of ch. 13 or subch. III of ch. 19 when a person refers a matter to the board executive director and abides by the board's executive director's advisory opinion, if the material facts are as stated in the opinion request. The board may authorize the executive director to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. No member or employee of the board may make public the identity of the individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.

AB1189-ASA1, s. 84 Section 84. 19.47 (2) of the statutes is repealed.

AB1189-ASA1, s. 85 Section 85. 19.47 (4) of the statutes is repealed.

AB1189-ASA1, s. 86 Section 86. 19.47 (5) of the statutes is amended to read:

AB1189-ASA1,42,17 19.47 (5) No later than September 1 of each year, the board shall submit a report concerning its actions in the preceding fiscal year to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2). Such The board shall include in its biennial report shall contain under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued by the executive director under s. 5.05 (6a). The board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

AB1189-ASA1, s. 87 Section 87. 19.48 (9) of the statutes is amended to read:

AB1189-ASA1,43,8 19.48 (9) Administer programs to explain and interpret ss. 11.36, 230.40, and 230.405, this subchapter, and subch. III of ch. 13 for state public officials, and for elective state officials state employees, candidates for state public office, legislative officials, agency officials, lobbyists, as defined in s. 13.62, local public officials, corporation counsels and attorneys for local governmental units. The programs shall provide advice regarding appropriate ethical and lobbying practices, with special emphasis on public interest lobbying. The board may delegate creation and implementation of any such program to a group representing the public interest. The board may charge a fee to participants in any such program. The board shall require attendance of all state employees at programs conducted under this subsection for a minimum number of hours specified by rule of the board during each biennial period. The board shall require each new state employee to attend a program conducted under this subsection within 6 months of beginning his or her employment. Each department shall pay any fees incurred by its employees for attendance at programs for which attendance is required under this subsection.

AB1189-ASA1, s. 88 Section 88. 19.50 (2) of the statutes is amended to read:

AB1189-ASA1,43,14 19.50 (2) To administer oaths and to require by subpoena issued by it the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the board in accordance with s. 19.47 (4).

AB1189-ASA1, s. 89 Section 89. 19.53 (6) of the statutes is amended to read:

AB1189-ASA1,44,7 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2), not more than $1,000 for each violation of s. 19.45 (5m) or (15), or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the board determines that the accused has realized economic gain as a result of the violation, the board may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB1189-ASA1, s. 90 Section 90. 19.54 (2) of the statutes is amended to read:

AB1189-ASA1,44,15 19.54 (2) An application for rehearing is governed by such general rules as the board may establish. Only one rehearing may be granted by the board. No order of the board pursuant to this subchapter or subch. III of ch.13 becomes effective until 20 days after it is issued, or while an application for rehearing or a rehearing is pending, or until 10 days after such application for rehearing is either denied, expressly or by implication, or the board has announced its final determination on rehearing.

AB1189-ASA1, s. 91 Section 91. 19.55 (1) of the statutes is amended to read:

AB1189-ASA1,45,2 19.55 (1) Except as provided in sub. (2) and s. 5.05 (5s), all records under this subchapter or subch. III of ch. 13 in the possession of the board are open to public inspection at all reasonable times. The board shall require an individual wishing to examine a statement of economic interests or the list of persons who inspect any statements which are in the board's possession to provide his or her full name and address, and if the individual is representing another person, the full name and address of the person which he or she represents. Such identification may be provided in writing or in person. The board shall record and retain for at least 3 years information obtained by it pursuant to this subsection. No individual may use a fictitious name or address or fail to identify a principal in making any request for inspection.

AB1189-ASA1, s. 92 Section 92. 19.55 (2) (a) of the statutes is renumbered 5.05 (5s) (b) and amended to read: