Amendment ASA5-SB1

SB1-ASA5, s. 40 Section 40. 9.01 (1) (a) of the statutes is amended to read:

SB1-ASA5,29,25 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination. If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections government accountability board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity, or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board or chairperson's designee after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.

SB1-ASA5, s. 41 Section 41. 9.01 (1) (ag) 4. of the statutes is repealed.

SB1-ASA5, s. 42 Section 42. 9.01 (1) (ar) 2. of the statutes is amended to read:

SB1-ASA5,30,5 9.01 (1) (ar) 2. In the event of a recount for a referendum, the petition shall be filed with the clerk of the jurisdiction in which the referendum is called, and, in the case of the state, with the elections board.

SB1-ASA5, s. 43 Section 43. 9.01 (10) of the statutes is amended to read:

SB1-ASA5,30,8 9.01 (10) Standard forms and methods. The elections board shall prescribe standard forms and procedures for the making of recounts under this section.

SB1-ASA5, s. 44 Section 44. 11.21 (title) of the statutes is amended to read:

SB1-ASA5,30,10 11.21 (title) Duties of the elections board.

SB1-ASA5, s. 45 Section 45. 11.21 (7) (intro.) of the statutes is amended to read:

SB1-ASA5,30,13 11.21 (7) (intro.) Include in its biennial report under s. 5.05 (5) 15.04 (1) (d) compilations of any of the following in its discretion:

SB1-ASA5, s. 46 Section 46. 11.22 (4) of the statutes is amended to read:

SB1-ASA5,30,23 11.22 (4) Notify the board, the district attorney, or the attorney general where appropriate under ss. 11.60 (4) and 11.61 (2), in writing, of any facts within the filing officer's knowledge or evidence in the officer's possession, including errors or discrepancies in reports or statements and delinquencies in filing which may be grounds for civil action or criminal prosecution. The filing officer shall transmit a copy of such notification to the board. The board, district attorney, or the attorney general shall advise the filing officer in writing at the end of each 30-day period of the status of such matter until the time of disposition. The district attorney or attorney general shall transmit a copy of each any such notice to the board.

SB1-ASA5, s. 47 Section 47. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB1-ASA5,31,7 11.60 (4) Actions under this section may be brought by the board or by the district attorney for the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county where the violation is alleged to have occurred. If a violation concerns a district attorney or circuit judge or a candidate for either such office, the action shall be brought by the board or by the attorney general.

SB1-ASA5, s. 48 Section 48. 11.61 (2) of the statutes is amended to read:

SB1-ASA5,31,20 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.

SB1-ASA5, s. 49 Section 49. 13.123 (3) (b) 2. of the statutes is amended to read:

SB1-ASA5,31,25 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.

SB1-ASA5, s. 50 Section 50. 13.23 of the statutes is amended to read:

SB1-ASA5,32,11 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.

SB1-ASA5, s. 51 Section 51. 13.62 (4) of the statutes is amended to read:

SB1-ASA5,32,13 13.62 (4) "Board" means the ethics government accountability board.

SB1-ASA5, s. 52 Section 52. 13.685 (title) of the statutes is amended to read:

SB1-ASA5,32,15 13.685 (title) Duties of the ethics government accountability board.

SB1-ASA5, s. 53 Section 53. 13.94 (1) (k) of the statutes is amended to read:

SB1-ASA5,32,18 13.94 (1) (k) Provide auditing services at the direction of the elections government accountability board under s. 5.05 (2).

SB1-ASA5, s. 54 Section 54. 14.58 (20) of the statutes is amended to read:

SB1-ASA5,32,22 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.

SB1-ASA5, s. 55 Section 55. 15.03 of the statutes is renumbered 15.03 (intro.) and amended to read:

SB1-ASA5,33,11 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:

SB1-ASA5,33,17 (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.

SB1-ASA5, s. 56 Section 56. 15.03 (2) of the statutes is created to read:

SB1-ASA5,33,22 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.

SB1-ASA5, s. 57 Section 57. 15.07 (1) (a) 2. of the statutes is repealed and recreated to read:

SB1-ASA5,34,3 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.

SB1-ASA5, s. 58 Section 58. 15.07 (1) (cm) of the statutes, as affected by 2005 Wisconsin Acts 25 and 76, is amended to read:

SB1-ASA5,34,17 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.

SB1-ASA5, s. 59 Section 59. 15.07 (4) of the statutes is amended to read:

SB1-ASA5,34,23 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).

SB1-ASA5, s. 60 Section 60. 15.07 (5) (k) of the statutes is repealed.

SB1-ASA5, s. 61 Section 61. 15.07 (5) (m) of the statutes is created to read:

SB1-ASA5,35,1 15.07 (5) (m) Members of the government accountability board, $25 per day.

SB1-ASA5, s. 62 Section 62. 15.07 (5) (n) of the statutes is repealed.

SB1-ASA5, s. 63 Section 63. 15.60 of the statutes is created to read:

SB1-ASA5,35,6 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.

SB1-ASA5,35,12 (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.

SB1-ASA5,35,17 (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.

SB1-ASA5,35,19 (4) One member of the board shall be a retired judge of a court of record in this state.

SB1-ASA5,35,21 (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.

SB1-ASA5,36,2 (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.

SB1-ASA5,36,4 (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).

SB1-ASA5, s. 64 Section 64. 15.603 of the statutes is created to read:

SB1-ASA5,36,12 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.

SB1-ASA5, s. 65 Section 65. 15.61 of the statutes is repealed.

SB1-ASA5, 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:

SB1-ASA5,36,24 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.

SB1-ASA5, s. 67 Section 67. 15.62 of the statutes is repealed.

SB1-ASA5, s. 68 Section 68. 16.79 (2) of the statutes is amended to read:

SB1-ASA5,37,9 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.

SB1-ASA5, s. 69 Section 69. 16.96 (3) (b) of the statutes is amended to read:

SB1-ASA5,37,14 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.

SB1-ASA5, s. 70 Section 70. 16.973 (6) of the statutes is amended to read:

SB1-ASA5,37,19 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.

SB1-ASA5, s. 71 Section 71. 17.07 (6) of the statutes is amended to read:

SB1-ASA5,38,3 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.

SB1-ASA5, s. 72 Section 72. 17.17 (1) of the statutes is amended to read:

SB1-ASA5,38,8 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.

SB1-ASA5, s. 73 Section 73. 17.17 (4) of the statutes is amended to read:

SB1-ASA5,38,12 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.

SB1-ASA5, s. 74 Section 74. 19.41 (1) of the statutes is amended to read:

SB1-ASA5,38,21 19.41 (1) It is declared that high moral and ethical standards among state and local public officials and state and local government employees are essential to the conduct of free government; that the legislature believes that a code of ethics for the guidance of state and local public officials and state and local government employees will help them avoid conflicts between their personal interests and their public responsibilities, will improve standards of public service and will promote and strengthen the faith and confidence of the people of this state in their state and local public officials and state and local government employees.

SB1-ASA5, s. 75 Section 75. 19.42 (3) of the statutes is amended to read:

SB1-ASA5,38,23 19.42 (3) "Board" means the ethics government accountability board.

SB1-ASA5, s. 76 Section 76. 19.42 (4a) of the statutes is created to read:

SB1-ASA5,39,7 19.42 (4a) "Candidate for local public office" means any individual who files nomination papers and a declaration of candidacy under s. 8.21 or who is nominated at a caucus under s. 8.05 (1) for the purpose of appearing on the ballot for election as a local public official or any individual who is nominated for the purpose of appearing on the ballot for election as a local public official through the write-in process or by appointment to fill a vacancy in nomination and who files a declaration of candidacy under s. 8.21.

SB1-ASA5, s. 77 Section 77. 19.42 (10) (a) of the statutes is repealed.

SB1-ASA5, s. 78 Section 78. 19.42 (10) (q) of the statutes is created to read:

SB1-ASA5,39,10 19.42 (10) (q) A local public official.

SB1-ASA5, s. 79 Section 79. 19.43 (4) of the statutes is amended to read:

SB1-ASA5,40,6 19.43 (4) A candidate for state or local 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 or local 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.

SB1-ASA5, s. 80 Section 80. 19.43 (5) of the statutes is amended to read:

SB1-ASA5,40,18 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.

SB1-ASA5, s. 81 Section 81. 19.43 (7) of the statutes is amended to read:

SB1-ASA5,41,7 19.43 (7) If an official required to file fails to make a timely filing, the board shall promptly provide notice of the delinquency to the secretary of administration, and to the chief executive of the department of which the official's office or position is a part, or, in the case of a district attorney, to the chief executive of that department and to the county clerk of each county served by the district attorney or in the case of a municipal judge local public official to the clerk of the municipality local governmental unit of which the official's office is a part, or in the case of a justice, court of appeals judge, or circuit judge, to the director of state courts. Upon such notification both the secretary of administration and the department, municipality local governmental unit, or director shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the official until the board notifies the officers to whom notice of the delinquency was provided that the official has complied with this section.

SB1-ASA5, s. 82 Section 82. 19.45 (title) of the statutes is amended to read:

SB1-ASA5,41,9 19.45 (title) Standards of conduct; state and local public officials.

SB1-ASA5, s. 83 Section 83. 19.45 (1) of the statutes is amended to read:

SB1-ASA5,42,4 19.45 (1) The legislature hereby reaffirms that a state or local public official holds his or her position as a public trust, and any effort to realize substantial personal gain through official conduct is a violation of that trust. This subchapter does not prevent any state or local public official from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her duties to this state or to the local governmental unit served by the official. The legislature further recognizes that in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government; that citizens who serve as state or local public officials retain their rights as citizens to interests of a personal or economic nature; that standards of ethical conduct for state or local public officials need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are substantial and material; and that state or local public officials may need to engage in employment, professional or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the specific provisions of this subchapter.