HomeMy WebLinkAboutResolution 2015 (45) Resolution No. 45 (2015)
ST RO .,, Y TY RESOLUTION OPPOSING 2015 SENATE BILL 2941
' �' "''° DISMANTLING THE GOVERNMENT ACCOUNTABILITY
BOARD
1 WHEREAS, the Government Accountability Board was established in the State of
2 Wisconsin in 2007; and
3
4 WHEREAS, the Government Accountability Board is a non-partisan body that
5 administers and supervises elections, ethics, campaign financing, and lobbying regulation; and
6
7 WHEREAS, currently the Government Accountability Board is under the direction and
8 supervision of a board of six members who are former judges who serve staggered, six year
9 terms; and
10
11 WHEREAS, 2015 Senate Bill 294 proposes to eliminate the Government Accountability
12 Board and replace it with an Elections Commission, which would administer and supervise
13 elections, and an Ethics Commission, which would administer and supervise ethics, campaign
14 financing, and lobbying regulation; and
15
16 WHEREAS, the proposed Elections Commission would consist of partisan leaders from
17 the senate and assembly in addition to former municipal or county clerks; and
18
19 WHEREAS, the proposed Ethics Commission would consist of partisan leaders from the
20 senate and assembly; and
21
22 WHEREAS, the dismantling of the Government Accountability Board could lead to
23 corruption in elections, ethics, campaign financing, and lobby regulation based on the partisan
24 make-up of the proposed Elections Commission and Ethics Commission.
25
26 THEREFORE, be it resolved that the St. Croix County Board of Supervisors opposes
27 2015 Senate Bill 294, which would dismantle the Government Accountability Board.
28
29 FURTHER be it resolved that a copy of this resolution be sent to all area legislators and
30 all county clerks in Wisconsin.
Legal-Fiscal-Administrative Approvals:
Legal Note: None
Fiscal Impact: None.
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10/21/15 Administration Committee APPROVED
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: APPROVED [UNANIMOUS]
MOVER: Roy Sjoberg, Supervisor
SECONDER: Jill Ann Berke, Supervisor
AYES: Travis Schachtner, Roy Sjoberg, Jill Ann Berke, Judy Achterhof
EXCUSED: Ron Kiesler
Vote Confirmation.
htner,Su 10/22/2015
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement- Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: ADOPTED [15 TO 2]
MOVER: Travis Schachtner, Supervisor
SECONDER: Christopher Babbitt, Supervisor
AYES: Schachtner, Ring, Babbitt, Novotny, Sjoberg, Nelson, Berke, Larson, Hansen,
Kiesler, Peterson, Anderson, Achterhof, Leibfried, Peavey
NAYS: Chris Kilber, Andy Brinkman
ABSENT: Carah Koch, Dave Ostness
This Resolution was Adopted by the St. Croix County Board of Supervisors on November 3, 2015
Cindy Campbell, County Clerk
Wisconsin Legislature: SB294: Bill Text Page 1 of 18
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2015 - 2016 LEGISLATURE
2015 SENATE ILL 294
October 9, 2015 - Introduced by Senators VUKMIR, LEMAHIEU, S. FITZGERALD,
WANGGAARD, DARLING, KAPENGA, NASS and STROEBEL, cosponsored by
Representatives KNUDSON, BERNIER, KNODL, ALLEN, AUGUST, BALLWEG,
R.
BROOKS, CZAJA, HUTTON, JAGLER, KATSMA, KERKMAN, KLEEFISCH,
KOOYENGA,
KREMER, KUGLITSCH, T. LARSON, LOUDENBECK, NYGREN, A. OTT, J. OTT,
SANFELIPPO, SKOWRONSKI and VORPAGEL. Referred to Committee on
Elections
and Local Government.
1
AN ACT to repeal 5.05 (lm), 5.05 (2m) (c) 3., 5.05 (2m) (c) 8., 5.05 (2m) (g),
5.05
2 (2s), 5.052, 5.054, 5.09, 5.68 (3m), 13.62 (4), 15.07 (1) (a) 2., 15.07 (2) (b),
15.07
3 (5) (m), 15.60 (title), 15.60 (2), 15.60 (3), 15.60 (5), 15.60 (7), 15.603 (title),
15.603
4 (1) (title), 15.603 (2) (title), 15.607, 19.42 (3), 20.511 (intro.) and (1) (title),
5 20.511 (1) (im), 20.923 (4) (f) 3j., 230.08 (2) (e) 4h., 230.08 (2) (on) and
758.19 (9);
6 to renumber 5.05 (2m) (c) 2. b., 15.60 (6), 20.511 (1) (bm), 20.511 (1) (c),
20.511
7 (1) (d), 20.511 (1) (t) and 20.511 (1) (x); to renumber and amend 5.02
(Is), 5.05
8 (2), 5.05 (6a), 12.01, 15.06 (2), 15.60 (1), 15.60 (4), 15.60 (8), 15.603 (1),
15.603
9 (2), 19.47, 19.851, 20.511 (1) (a), 20.511 (1) (be), 20.511 (1) (g), 20.511 (1)
(h),
10 20.511 (1) (i), 20.511 (1) 0), 20.511 (1) Om) and 20.511 (1) (m); to
consolidate,
11 renumber and amend 5.05 (5s) (f) 2. a. and b.; to amend 5.01 (4) (a),
5.05
12 (title), 5.05 (1) (intro.), 5.05 (1) (b), 5.05 (1) (c), 5.05 (1) (d), 5.05 (1) (e), 5.05
(1)
13 (f), 5.05 (le), 5.05 (2m) (a), 5.05 (2m) (c) 2. a., 5.05 (2m) (c) 4., 5.05 (2m) (c)
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5.
14 (intro.), 5.05 (2m) (c) 6. a., 5.05 (2m) (c) 6. b., 5.05 (2m) (c) 12., 5.05 (2m) (c)
13.,
1 5.05 (2m) (c) 14., 5.05 (2m) (d) 1., 5.05 (2m) (h), 5.05 (2m) (i), 5.05 (2w),
5.05 (3g),
2 5.05 (5e), 5.05 (5s) (intro.), 5.05 (5s) (b), 5.05 (5s) (bm), 5.05 (5s) (d), 5.05
(5s) (f)
3 2. c., 5.05 (9), 5.05 (10), 5.05 (11), 5.055, 5.056, 5.07, 5.08, 5.40 (7), 5.58 (2),
5.58
4 (2m), 5.60 (1) (b), 5.62 (4) (b), 5.93, 6.26 (3), 6.275 (1) (f), 6.275 (2), 6.33 (5)
(a),
5 6.36 (1) (b) 1. a., 6.36 (1) (bm), 6.36 (2) (a), 6.50 (2g), 6.50 (7), 6.56 (3), 6.95,
6.96,
6 6.97 (1), 7.03 (1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (title), 7.08 (1) (a), 7.08 (4),
7.15
7 (1) (g), 7.41 (5), 7.52 (1) (a), 7.60 (4) (a), 7.60 (5), 7.70 (3) (b), 7.70 (3) (i),
7.70 (5)
8 (a), 8.05 (1) 0) 3., 8.10 (5), 8.10 (6) (a), 8.15 (4) (b), 8.17 (9) (a), 8.20 (6), 8.20
(7),
9 8.30 (2m), 8.50 (1) (a), 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a) 1., 9.01 (1) (a) 4.,
9.01
10 (1) (ag) 4., 9.01 (1) (ar) 3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a),
9.01
11 (7) (a), 9.01 (8) (a), 9.01 (8) (c), 9.01 (8) (d), 9.01 (10), 10.06 (1) (title), 11.09,
11.21
12 (title), 11.21 (7) (intro.), 11.30 (2) (fm), 11.60 (4), 11.61 (2), 12.13 (5) (a),
13.123
13 (3) (b) 2., 13.23, 13.63 (1) (a), 13.685, 14.38 (10m), 15.01 (2), 15.04 (1) (d),
15.06
14 (5), 15.06 (6), 15.07 (1) (cm), 15.07 (4), 16.753 (2), 16.79 (2), 16.96 (3) (b),
16.973
15 (6), 17.17 (1), 17.17 (4), 19.43 (4), 19.43 (5), 19.46 (1) (intro.), 19.48 (intro.),
19.48
16 (1), 19.48 (2), 19.48 (3), 19.48 (7), 19.48 (9), 19.55 (1), 19.55 (2) (c), 19.59 (1)
(g)
17 8., 19.85 (1) (h), 19.851 (title), 20.505 (1) (d), 20.930, 20.9305 (2) (e) (intro.),
18 38.16 (3) (br) 3., 45.44 (1) (b), 49.165 (4) (a), 59.605 (3) (a) 3., 67.05 (3) (b),
67.05
19 (6), 73.0301 (1) (d) 13., 73.0301 (1) (e), 85.61 (1), 108.227 (1) (e) 13., 108.227
(1)
20 (f) 117.20 (2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25
(1),
21 165.93 (4) (a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03
(6),
22 227.52 (6), 230.08 (4) (a), 234.02 (3m) (c), 301.03 (20m), 343.11 (2m), 756.04
(2)
23 (c) 1., 778.135, 978.05 (1) and 978.05 (2); and to create 5.05 (2m) (k), 5.05
(2q),
24 5.05 (3d), 5.05 (5s) (am), 5.05 (5t), 5.05 (6a) (a) 3., 5.05 (6a) (b) 2., 5.05 (6a)
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(b)
25 3., 5.05 (6a) (c) 1., 5.05 (6a) (c) 4., 5.05 (16), 5.05 (17), 11.01 (4m), 12.01 (2),
13.62
1 (5m), 15.06 (1) (d), 15.06 (1) (e), 15.06 (2) (b), 15.06 (3) (a) 5., 15.06 (3) (a)
6., 15.06
2 (10), 15.61 (title), 15.61 (1) (a) 1. to 6., 15.61 (5), 15.62, 19.42 (4p), 19.42
(10) (a),
3 19.46 (2), 19.47 (title), 19.47 (1), (2) and (4) to (10), 19.49, 19.50, 19.55 (3),
19.55
4 (4), 19.552, 19.554, 19.58 (4), 20.510 (intro.) and (1) (title), 20.510 (1) (br),
20.521
5 (intro.) and (1), 230.08 (2) (eL) and 230.08 (2) (et) of the statutes; relating
to:
6 reorganizing the Government Accountability Board, requiring the exercise
of
7 rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill makes the following changes to the structure and operation of the
Government Accountability Board (GAB):
BOARD GOVERNANCE
Currently, the GAB is under the direction and supervision of a board of six
members. All six members are former judges appointed by the governor from
nominations submitted by a committee comprised of one court of appeals judge
from
each court of appeals district. Currently, board members are appointed with the
advice and consent of two-thirds of the members of the senate and serve six-year
terms. One term expires each May 1.
This bill eliminates the GAB and replaces it with an Elections
Commission,
which administers and supervises elections, and an Ethics Commission, which
administers and supervises ethics, campaign financing, and lobbying regulation.
Under the bill, the Elections Commission consists of at least six persons,
who
serve five-year terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly.
4) One individual appointed by the minority leader of the assembly; and
5) Two former municipal or county clerks, selected by the leadership in
both
houses and nominated by the governor with the advice and consent of the senate
confirmed.
In addition, the bill requires the appointment to the Elections Commission
of
one member for each political party, other than the two major political parties,
qualifying for a separate ballot whose candidate for governor received at least 10
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percent of the vote in the most recent gubernatorial election. The individual must
be nominated by the governor from a list of three individuals selected by the chief
officer of that political party.
The Ethics Commission consists of at least six persons who serve five-year
terms:
1) One individual appointed by the majority leader in the senate;
2) One individual appointed by the minority leader in the senate;
3) One individual appointed by the speaker of the assembly;
4) One individual appointed by the minority leader of the assembly; and
5) Two individuals selected by the leadership in both houses and
nominated by
the governor with the advice and consent of the senate confirmed.
In addition, the bill requires the appointment to the Ethics Commission of
one
member for each political party, other than the two major political parties,
qualifying
for a separate ballot whose candidate for governor received at least 10 percent of
the
vote in the most recent gubernatorial election. The individual must be nominated
by the governor from a list of three individuals selected by the chief officer of that
political party and confirmed by a majority of the senate.
Currently, the chairperson of the board is selected by lot by the current
chairperson. Under the bill, the chairperson of each commission is chosen by the
affirmative vote of at least a majority of the members of the commission.
Currently, the GAB is required to employ an individual to serve as legal
counsel
to perform legal and administrative functions for the board. The bill eliminates the
requirement that either commission hire legal counsel.
ETHICS COMMISSION
Under the bill, the Ethics Commission is supervised by an administrator
who
is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year.
ELECTIONS COMMISSION
Under the bill, the Elections Commission is supervised by an
administrator
who is appointed by at least a majority of the members of the commission. The
administrator is appointed with the advice and consent of the senate to serve for a
four-year term expiring on July 1 of the odd-numbered year. The bill also provides
that the administrator of the Elections Commission, rather than an employee that
the commission designates, is the chief election officer of this state..
INVESTIGATIONS
Currently, the GAB must investigate violations of laws administered by
the
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GAB and may prosecute alleged civil violations. Current law permits the board to
refer a matter to a district attorney, special prosecutor, or to the attorney general.
This bill provides that, except for violations that result in a payment not exceeding
$2,500, the Elections and Ethics commissions may only investigate violations of
laws
administered by the respective commissions upon the filing of a sworn complaint
with the respective commission. The bill prohibits any member of either
commission
or any employee of either commission from filing such a sworn complaint.
If, during the course of an ongoing investigation, either the Elections
Commission or the Ethics Commission determines that it needs additional funding,
that commission must make a request to the Joint Committee on Finance and the
secretary of administration. The commission must include in its request
information
about the nature of the investigation for which additional funding is sought,
excluding the name of any individual or organization that is the subject of the
investigation.
ADVISORY OPINIONS
Current law permits any individual, organization, or governmental body to
request an advisory opinion from the GAB; in response, the GAB may issue a
formal
or an informal advisory opinion. If the board issues an opinion on an elections
matter, the board must make the opinion and records about the opinion public.
Current law prohibits the board from revealing the identify of or releasing
information obtained in connection with any advisory opinion requested by an
individual or organization on an ethics or accountability matter unless the
individual or organization consents to the release of that information. This bill
requires the Ethics Commission to make this information, other than the name of
the
individual, organization, or governmental body making the request, public when it
relates to a formal advisory opinion issued by the Ethics Commission.
Current law requires the GAB to biennially submit to the legislature a
report
on the performance and operation of the GAB during the preceding biennium. This
bill requires the Elections and Ethics commissions to submit annual reports to the
legislature and to include in those reports information about the number of
investigations conducted, a description of the nature of the investigation, and, in
the
case of the Ethics Commission, whether the investigation related to campaign
finance, ethics, or lobbying.
TRANSITIONAL PROVISIONS
Under the bill, all full-time equivalent positions currently authorized for
GAB
are transferred to the Elections and Ethics commissions-. All incumbents in those
positions except the director and general counsel of GAB are also transferred. In
addition, the bill transfers the assets and liabilities, tangible personal property,
contracts, rules, orders, formal opinions, and pending matters of GAB to the
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Elections and Ethics commissions. The bill directs the secretary of administration
to determine which positions, employees, assets and liabilities, property, contracts,
rules, orders, opinions, and matters are transferred to which commission and to
adopt an implementation plan for the transfer containing his or her
determinations.
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:
1 SECTION 1. 5.01 (4) (a) of the statutes is amended to read:
2 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest,
but
3 an equal number of votes, the winner shall be chosen by lot in the presence of the
4 board of canvassers charged with the responsibility to determine the election, or in
5 the case of an election for state or national office or metropolitan sewerage
1 commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
2 presence of the chairperson of the beams elections commission or the chairperson's
3 designee.
4 SECTION 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to
read:
5 5.025 Elections commission; definition. " In chs. 5 to 10 and 12,
6 "commission" means the moor-nmen+ hear a elections commission.
7 SECTION 3. 5.05 (title) of the statutes is amended to read:
8 5.05 (title) Government ., ntab lity board Elections commission;
9 powers and duties.
10 SECTION 4. 5.05 (1) (intro.) of the statutes is amended to read:
11 5.05 (1)GENERAL AUTHORITY. (intro.) The goveEnment aeeountability
beRfd
12 elections commission shall have the responsibility for the administration of chs. 5
to
13 44-, 10 and 12 and other laws relating to elections and election campaigns, subeh.
14 of eh. 13, and subeh. N! of„ other than laws relating; to campaign financing.
15 Pursuant to such responsibility, the bsArd commission may:
16 SECTION 5. 5.05 (1) (b) of the statutes is amended to read:
17 5.05 (1) (b) In the discharge of its duties and after providing notice to any
party
18 who is the subject of an investigation, subpoena and bring before it any person and
19 require the production of any papers, books, or other records relevant to an
20 investigation. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
21 action by the hoard commission at a meeting of the beard commission. A ni+
eeurt
22 '
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23 ,
24 business in the state to obtain evidenee 4 any vialation of eh. I! upen shewifig b
tie
25
1 r-eeer-4s may have a substantial Pel.,+ion to 4„ Nxielatiala. In the discharge of its
2 duties, the beard commission may cause the deposition of witnesses to be taken in
3 the manner prescribed for taking depositions in civil actions in circuit court.
4 SECTION 6. 5.05 (1) (c) of the statutes is amended to read:
5 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of
chs. 5
6 to 10 or 12, subeh. TTT of chi 12 or en bch TTT Q--f ch. 1A or o license reA.,QPA+inn 4nr opv
7 The
$ bed commission may compromise and settle any civil action or potential action
9 brought or authorized to be brought by it which, in the opinion of the bear
10 commission, constitutes a minor violation, a violation caused by excusable neglect,
11 or which for other good cause shown, should not in the public interest be
prosecuted
12 under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil
action
13 authorized under this paragraph may be settled for such sum as may be agreed
14 between the parties. Any settlement made by the beard commission shall be in
such
15 amount as to deprive the alleged violator of any benefit of his or her wrongdoing
and
16 may contain a penal component to serve as a deterrent to future violations. In
17 settling civil actions or proposed civil actions, the beap commission shall treat
18 comparable situations in a comparable manner and shall assure that any
settlement
19 bears a reasonable relationship to the severity of the offense or alleged offense.
20 Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, and 5.081,
a-Rd
21 19.59 forfeiture an4 1;,,ense r,.vaeatio actions brought by the bed commission
22 shall be brought in the circuit court for the county where the defendant resides, or
23 if the defendant is a nonresident of this state, in circuit court for the county
wherein
24 the violation is alleged to occur. For purposes of this paragraph, a person other
than
25 -an-at-44--pal person an individual resides within a county if the person's principal
place
1 of operation is located within that county. Whenever the beard commission enters
2 into a settlement agreement with an individual who is accused of a civil violation of
3 chs. 5 to 10 or 12, subeh. N! of^h. 13, er 81-1bel TTT or„1, 19 or who is investigated
by
4 the beard commission for a possible civil violation of one of those provisions, the
5 beard commission shall reduce the agreement to writing, together with a statement
6 of the s commission's findings and reasons for entering into the agreement
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and
7 shall retain the agreement and statement in its office for inspection.
8 SECTION 7. 5.05 (1) (d) of the statutes is amended to read:
9 5.05 (1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or
other
10 such legal or equitable relief as may be appropriate to enforce any law regulating
the
11 conduct of elections or election campaigns, other than laws regulating campaign
12 financing, or ensure its proper administration. No bond is required in such actions.
13 Actions shall be brought in circuit court for the county where a violation occurs or
14 may occur.
15 SECTION 8. 5.05 (1) (e) of the statutes is amended to read:
16 5.05 (1) (e) Delegate + its legal eeinisel toe ,,,,+h„r.;+y to intefyene ; a eivi-11
17 etio or proeee4iiig,„de„ sub. (9) issue- Issue an order under s. 5.06, exempt a
18 polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
19 municipality from the requirement to use voting machines or an electronic voting
20 system under s. 5.40 (5m), approve an electronic data recording system for
21 maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
22 who is nominated to serve as an election official under s. 7.30 (4) (e), ,,,,i,jeet to ,,,,,,r,
24 SECTION 9. 5.05 (1) (f) of the statutes is amended to read:
1 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
2 purpose of interpreting or implementing the laws regulating the conduct of
elections
3 or election campaigns, other than laws regulating campaign financing, or ensuring
4 their proper administration.
5 SECTION 10. 5.05 (le) of the statutes is amended to read:
6 5.05 (le) Any action by the4ear commission, except an action relating to
7 procedure of the commission, requires the affirmative vote of at least 4-two-thirds
8 of the members.
9 SECTION 11. 5.05 (lm) of the statutes is repealed.
10 SECTION 12. 5.05 (2) of the statutes is renumbered 19.49 (2g) and
amended to
11 read:
12 19.49 (2g)AUDITING. In addition to the facial examination of reports and
13 statements required under s. 11.21 (13), the bead commission shall conduct an
audit
14 of reports and statements which are required to be filed with it to determine
whether
15 violations of ch. 11 have occurred. The beard commission may examine records
16 relating to matters required to be treated in such reports and statements. The
bead
17 commission shall make official note in the file of a candidate, committee, group or
18 individual under ch. 11 of any error or other discrepancy which the beard
commission
19 discovers and shall inform the person submitting the report or statement.
20 SECTION 13. 5.05 (2m) (a) of the statutes is amended to read:
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21 5.05 (2m) (a) The LP;4vd commission shall investigate violations of laws
22 administered by the bear-commission and may prosecute alleged civil violations of
23 those laws, directly or through its agents under this subsection, pursuant to all
24 statutes granting or assigning that authority or responsibility to the bear
25 commission. Prosecution of alleged criminal violations investigated by the beard
1 commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s.
2 978.05 (1). For purposes of this subsection, the commission may only initiate an
3 investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense
4 described under par. (c) 12., based on a sworn complaint filed with the commission,
5 as provided under par. (c). Neither the commission nor any member or employee of
6 the commission, including the commission administrator, may file a sworn
complaint
7 for purposes of this subsection.
8 SECTION 14. 5.05 (2m) (c) 2. a. of the statutes is amended to read:
9 5.05 (2m) (c) 2. a. Any person may file a complaint with the bear
commission
10 alleging a violation of chs. 5 to 10 or 12, subGh. TTT of ch. 13, or- a„hnh TTT of g14. 19.
11 No later than 5 days after receiving a complaint, the commission shall notify each
12 person who or which the complaint alleyes committed such a violation. Before
voting
13 on whether to take any action regarding_ the complaint, other than to dismiss, the
14 commission shall give each person receiving; a notice under this subd. 2. a. an
15 opportunity to demonstrate to the commission, in writing and within 15 days after
16 receiving the notice that the commission should take no action against the person
17 on the basis of the complaint. The commission may not conduct any investigation
18 or take any other action under this subsection solely on the basis of a complaint by
19 an unidentified complainant.
20 am. If the bo;4:rd commission finds, by a preponderance of the evidence,
that a
21 complaint is frivolous, the bead commission may order the complainant to forfeit
not
22 more than the greater of$500 or the expenses incurred by the &isian commission
23 in investigating the complaint.
24 SECTION 15. 5.05 (2m) (c) 2. b. of the statutes is renumbered 19.49 (lm).
25 SECTION 16. 5.05 (2m) (c) 3. of the statutes is repealed.
1 SECTION 17. 5.05 (2m) (c) 4. of the statutes is amended to read:
2 5.05 (2m) (c) 4. If the beam commission reviews a complaint and fails to
find
3 that there is a reasonable suspicion that a violation under subd. 2. has occurred or
4 is occurring, the beams commission shall dismiss the complaint. If the beard
5 commission believes that there is reasonable suspicion that a violation under subd.
6 2. has occurred or is occurring, the lid commission may by resolution authorize
7 the commencement of an investigation. The resolution shall specifically set forth
any
8 matter that is authorized to be investigated. To assist in the investigation, the
bear-
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9 commission may elect to retain a special investigator. If the bs commission
elects
10 to retain a special investigator, the administrator of the et-hies and ,,,,,,etintabil ty
11 divip commission shall submit to the beams commission the names of 3 qualified
12 individuals to serve as a special investigator. The beaF commission may retain one
13 or more of the individuals. If the bear- commission retains a special investigator to
14 investigate a complaint against a person who is a resident of this state, the bear
15 commission shall provide to the district attorney for the county in which the person
16 resides a copy of the complaint and shall notify the district attorney that it has
17 retained a special investigator to investigate the complaint. For purposes of this
18 subdivision, a person other than a natur-a re--P^r an individual resides within a
19 county if the person's principal place of operation is located within that county. The
20 bed commission shall enter into a written contract with any individual who is
21 retained as a special investigator setting forth the terms of the engagement. A
22 special investigator who is retained by the beef commission may request the
bed
23 commission to issue a subpoena to a specific person or to authorize the special
24 investigator to request f the circuit court of the county in which the specific person
25 resides to issue a search warrant. The beams commission may grant the request by
1 approving a motion to that effect at a meeting of the beQr-1 commission if the bs
2 commission finds that such action is legally appropriate.
3 SECTION 18. 5.05 (2m) (c) 5. (intro.) of the statutes is amended to read:
4 5.05 (2m) (c) 5. (intro.) Each special investigator who is retained by the
bser-4
5 commission shall make periodic reports to the bed commission, as directed by the
6 betel commission, but in no case may the interval for reporting exceed 30 days. If
7 the beams commission authorizes the commission administrator
g aeeauntabi4ity 4i�Asia to investigate any matter without retaining a special
9 investigator, the administrator shall make periodic reports to the bear-
commission,
10 as directed by the beard commission, but in no case may the reporting interval
exceed
11 30 days. During the pendency of any investigation, the bed commission shall
meet
12 for the purpose of reviewing the progress of the investigation at least once every 90
13 days. The special investigator or the administrator shall report in person to the
14 beak commission at that meeting concerning the progress of the investigation. If,
15 after receiving a report, the beQr-d commission does not vote to continue an
16 investigation for an additional period not exceeding 90 days, the investigation is
17 terminated at the end of the reporting interval. The beard commission shall not
18 expend more than $10,000 $25,000 to finance the cost of an investigation before
19 receiving a report on the progress of the investigation and a recommendation to
20 commit additional resources. The bed commission may vote to terminate an
21 investigation at any time. If an investigation is terminated, any complaint from
22 which the investigation arose is deemed to be dismissed by the bear commission.
23 Unless an investigation is terminated by the beQr-cl commission, at the conclusion of
24 each investigation, the administrator shall present to the beer commission one of
25 the following:
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1 SECTION 19. 5.05 (2m) (c) 6. a. of the statutes is amended to read:
2 5.05 (2m) (c) 6. a. If the board commission finds that there is probable
cause
3 to believe that a violation under subd. 2. has occurred or is occurring, the bear-4
4 commission may authorize the commission administrator of the etlai s and
5 „r+4„u+ r a;t„S;,.r to file a civil complaint against the alleged violator. In such
6 case, the administrator may request the assistance of special counsel to prosecute
7 any action brought by the bpd commission. If the administrator requests the
8 assistance of special counsel with respect to any matter, the administrator shall
9 submit to the bear 4 commission the names of 3 qualified individuals to serve as
10 special counsel. The bpi commission may retain one of the individuals to act as
11 special counsel. The staff of the beard commission shall provide assistance to the
12 special counsel as may be required by the counsel to carry out his or her
13 responsibilities.
14 SECTION 20. 5.05 (2m) (c) 6. b. of the statutes is amended to read:
15 5.05 (2m) (c) 6. b. The beard commission shall enter into a written contract
with
16 any individual who is retained as special counsel setting forth the terms of the
17 engagement. The contract shall set forth the compensation to be paid such counsel
18 by the state. The contract shall be executed on behalf of the state by the bear-4's
}
19 eaunsel, whe commission and the commission shall file the contract in the office of
20 the secretary of state. The compensation shall be charged to the appropriation
under
21 s. 20.505 (1) ( 20.510 (I) (br).
22 SECTION 21. 5.05 (2m) (c) 8. of the statutes is repealed.
23 SECTION 22. 5.05 (2m) (c) 12. of the statutes is amended to read:
24 5.05 (2m) (c) 12. The board ay commission shall, by rule, prescribe
categories
25 of civil offenses which the beap commission will agree to compromise and settle
1 without a formal investigation upon payment of specified amounts by the alleged
2 offender. The beard commission may authorize the commission administrator Of
3 thies an .,,,,,,,,,r+„i,; ity a;, s r to compromise and settle such alleged offenses in
4 the name of the bed commission if the alleged offenses by an offender, in the
5 aggregate, do not involve payment of more than$1,009 $2,500.
6 SECTION 23. 5.05 (2m) (c) 13. of the statutes is amended to read:
7 5.05 (2m) (c) 13. If a special investigator or the commission administrator
pf
g +3,„ „+i-ies an4 a,,,,aiint„i„i;+, diixi ; r in the course of an investigation authorized
9 by the bear4 commission, discovers evidence that a violation under subd. 2. that
was
10 not within the scope of the authorized investigation has occurred or is occurring,
the
11 special investigator or the administrator may present that evidence to the beard
12 commission. If the beard commission finds that there is a reasonable suspicion that
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13 a violation under subd. 2. that is not within the scope of the authorized
investigation
14 has occurred or is occurring, the bed commission may authorize the special
15 investigator or the administrator to investigate the alleged violation or may elect to
16 authorize a separate investigation of the alleged violation as provided in subd. 4.
17 SECTION 24. 5.05 (2m) (c) 14. of the statutes is amended to read:
18 5.05 (2m) (c) 14. If a special investigator or the commission administrator
of
19 the ethi s ,, ,a a,,,,euntabi4 t division of the bear-7 in the course of an investigation
20 authorized by the beard commission, discovers evidence of a potential violation of a
21 law that is not administered by the homed commission arising from or in relation to
22 the official functions of the subject of the investigation or any matter that involves
23 elections, ethies ^r-labb ing regulation, the special investigator or the
administrator
24 may present that evidence to the beams commission. The beams commission may
25 thereupon refer the matter to the appropriate district attorney specified in subd.
11.
1 or may refer the matter to the attorney general. The attorney general may
2 commence a civil or criminal prosecution relating to the matter.
3 SECTION 25. 5.05 (2m) (d) 1. of the statutes is amended to read:
4 5.05 (2m) (d) 1. No individual who serves as the legal eounsel to the boa-Ed
of
5 ac � commission administrator for the board may have been a lobbyist, as
6 defined in s. 13.62 (11). No such individual may have served in a partisan state or
7 local office.
8 SECTION 26. 5.05 (2m) (g) of the statutes is repealed.
9 SECTION 27. 5.05 (2m) (h) of the statutes is amended to read:
10 5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to
10 or
11 12, stibeh ! of e' oreube !U of 19 is a district attorney or a circuit judge
12 or a candidate for either such office, the action shall be brought by the LpAvd
13 commission. If the defendant in an action for a civil violation of chs. 5 to 10 or 12;
14 sT,beh. III r h. rsub h. !4 of eh. I Q is the attorney general or a candidate for
15 that office, the LA:4r-d commission may appoint special counsel to bring suit on
behalf
16 of the state.
17 SECTION 28. 5.05 (2m) (i) of the statutes is amended to read:
18 5.05 (2m) (1) If the defendant in an action for a criminal violation of chs. 5
to
19 10 or 12, subeh. 41 of eh. 13, orsube . H! of e-h. I is a district attorney or a circuit
20 judge or a candidate for either such office, the action shall be brought by the
attorney
21 general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12;
22 subel 4! of„r , su e1q 4! of eh I is the attorney general or a candidate for
23 that office, the beaf commission may appoint a special prosecutor to conduct the
24 prosecution on behalf of the state.
25 SECTION 29. 5.05 (2m) (k) of the statutes is created to read:
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1 5.05 (21n) (k) The commission's power to initiate civil actions under this
2 subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy
for
3 alleged civil violations of chs. 5 to 10 or 12.
4 SECTION 30. 5.05 (2q) of the statutes is created to read:
5 5.05 (2 q)SUPPLEMENTAL FUNDING FOR ONGOING INVESTIGATIONS. The
commission
6 may request supplemental funds to be credited to the appropriation account under
7 s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
8 under sub. (2m). A request under this subsection shall be filed with the secretary of
9 administration and the cochairpersons of the joint committee on finance in writing
10 and shall contain a statement of the action requested, the purposes therefor, the
11 statutory provision authorizing or directing the performance of the action, and
12 information about the nature of the investigation for which the commission seeks
13 supplemental funds, excluding the name of any individual or organization that is
the
14 subject of the investigation. If the cochairpersons of the joint committee on finance
15 do not notify the secretary of administration that the committee has scheduled a
16 meeting for the purpose of reviewing the request within 14 working days after the
17 commission filed the request, the secretary shall supplement the appropriation
18 under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
19 not to exceed the amount the commission requested. If, within 14 working days
after
20 the commission filed the request, the cochairpersons of the joint committee on
21 finance notify the secretary that the committee has scheduled a meeting for the
22 purpose of reviewing the commission's request under this subsection, the secretary
23 may supplement the appropriation under s. 20.510 (1) (be) only with the
committee's
24 approval. The committee and the secretary shall notify the commission of all their
25 actions taken under this subsection.
1 SECTION 31. 5.05 (2s) of the statutes is repealed.
2 SECTION 32. 5.05 (2w) of the statutes is amended to read:
3 5.05 (2w)ELECTIONS PAg41QN COMMISSION. The elections divisio g
commission
4 has the responsibility for the administration of chs. 5 to 10 and 12. The commission
5 administrator may designate a commission employee to serve as the commission's
6 legal counsel.
7 SECTION 33. 5.05 (3d) of the statutes is created to read:
8 5.05 (3d)ADMINISTRATOR. The commission shall appoint an administrator
in
9 the manner provided under s. 15.61 (1) (b). The administrator shall be outside the
10 classified service. The administrator shall appoint such other personnel as he or
she
11 requires to carry out the duties of the commission and may designate a commission
12 employee to serve as the commission's legal counsel. The administrator shall
13
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perform such duties as the commission assigns to him or her in the administration
14 of chs. 5 to 10 and 12.
15 SECTION 34. 5.05 (3g) of the statutes is amended to read:
16 5.05 (3g)CHIEF ELECTION OFFICER. The bed commission administrator
shall
17 designate an ,,,,-playee E)f the board+ serve as the chief election officer of this
state.
18 SECTION 35. 5.05 (5e) of the statutes is amended to read:
19 5.05 (5e)B141 ANNUAL REPORT. The lAAr-d commission shall
ilk 3tF�
20 biennia submit an annual report under s. 15.04 (1) (d) and shall include in its
annual
21 report the names and duties of all individuals employed by the bed commission
and
22 a summary of its determinations and advisory opinions issued under sub. (6a).
23 Except as authorized or required under sub. (5s) (f) 2., the bead commission shall
24 make sufficient alterations in the summaries to prevent disclosing the identities of
25 individuals or organizations involved in the decisions or opinions. The hnord R Y
1 The
2 commission shall identify in its report the statutory duties of the commission
3 administrator, together with a description of the manner in which those duties are
4 being fulfilled Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also
5 specify in its report the total number of investigations conducted by the commission
6 since the last annual report and a description of the nature of each investigation.
The
7 LA;4:rd commission shall make such further reports on the matters within its
8 jurisdiction and such recommendations for further legislation as it deems desirable.
9 SECTION 36. 5.05 (5s) (intro.) of the statutes is amended to read:
10 5.05 (5s)ACCESS TO RECORDS. (intro.) Records obtained or prepared by the
he;4:rc4
11 commission in connection with an investigation, including the full text of any
12 complaint received by the bead commission, are not subject to the right of
inspection
13 and copying under s. 19.35 (1), except as 444 in (4) an (e) and exeept
14 follows:
15 SECTION 37. 5.05 (5s) (am) of the statutes is created to read:
16 5.05 (5s) (am) The commission shall provide to the joint committee on
finance
17 records obtained or prepared by the commission in connection with an ongoing
18 investigation when required under sub. (2q).
19 SECTION 38. 5.05 (5s) (b) of the statutes is amended to read:
29 5.05 (5s) (b) Investigatory records of the beams commission may be made
public
21 in the course of a prosecution initiated under chs. 5 to 10 or 12, sHbeh. 4! ereh.T3,
22 er s 4-1 b e Ift. 111 „r„r 19.
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23 SECTION 39. 5.05 (5s) (bm) of the statutes, as created by 2015 Wisconsin
Act 2,
24 is amended to read:
1 5.05 (5s) (bm) The bed commission shall provide investigatory records to the
2 state auditor and the employees of the legislative audit bureau to the extent
3 necessary for the bureau to carry out its duties under s. 13.94.
4 SECTION 40. 5.05 (5s) (d) of the statutes is amended to read:
5 5.05 (5s) (d) If the bed commission commences a civil prosecution of a
person
6 for an alleged violation of chs. 5 to 10 or 12, subs . M of c . 13 nr a„bo-,J TTT L:) old
7 4-9 as the result of an investigation, the person who is the subject of the
investigation
8 may authorize the bed commission to make available for inspection and copying
9 under s. 19.35 (1) records of the investigation pertaining to that person if the
records
10 are available by law to the subject person and the beaf commission shall then
make
11 those records available.
12 SECTION 41. 5.05 (5s) (f) 2. a. and b. of the statutes are consolidated,
13 renumbered 5.05 (5s) (f) 2. a. and amended to read:
14 5.05 (5s) (f) 2. a. The bed commission may make records obtained in
15 connection with an informal advisory opinion under subd. 1. public with the
consent
16 of the individual requesting the informal advisory opinion or the organization or
17 governmental body on whose behalf it is requested. 1 —. A person who makes or
18 purports to make public the substance of or any portion of an informal advisory
19 opinion requested by or on behalf of the person is deemed to have waived the
20 confidentiality of the request for an informal advisory opinion and of any records
21 obtained or prepared by the bed commission in connection with the request for an
22 informal advisory opinion.
23 SECTION 42. 5.05 (5s) (f) 2. c. of the statutes is amended to read:
24 5.05 (5s) (f) 2. c. The bed commission shall make public formal and
informal
25 advisory opinions and records obtained in connection with requests for formal or
1 informal advisory opinions relating to matters under the jurisdiction of the
eie�tions
2 divisien commission including the identity of individuals requesting such opinions
3 or organizations or governmental bodies on whose behalf they are requested.
4 SECTION 43. 5.05 (5t) of the statutes is created to read:
5 5.05 (5t)GUIDANCE FOLLOWING BINDING COURT DECISIONS. Within 2
months
6 following the publication of a decision of a state or federal court that is binding on
7 the commission and this state, the commission shall issue updated guidance or
8 formal advisory opinions, commence the rule-making procedure to revise
9 administrative rules promulgated by the commission, or request an opinion from
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the
10 attorney general on the applicability of the court decision.
11 SECTION 44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and
12 amended to read:
13 5.05 (6a) (a) 1. Any individual, either personally or on behalf of an
organization
14 or governmental body, may make a wFit+„r „r „leetreni,request of the bead
15 commission in writing, electronically, or by telephone for an a formal or informal
16 advisory opinion regarding the propriety under chs. 5 to 10 or 12, sube !I! of eh.
4-3-,
17 19 of any matter to which the person is or may become a party;
18 and ary.-AU appointing officer, with the consent of a prospective appointee, may
19 request of the beui-4 an commission a formal or informal advisory opinion regarding
20 the propriety under chs. 5 to 10 or 12,,-sub .N! of eh. ' rsube . !4 of eh. 19 of
21 any matter to which the prospective appointee is or may become a party. The bead
22 commission shall review a request for an advisory opinion and may issue a formal
23 or informal written or electronic advisory opinion to the person making the request.
24 Except as authorized or required for opinions specified in sub. (5s) (f) 2., the berms
25 commission's deliberations and actions upon such requests shall be in meetings not
1 open to the public. VOIpersan aetingin readfar a 4sery cri i
2
3 faets are as stated the apinian s A member of the commission may, by
4 written request require the commission to review an advisory opinion.
5 2. To have legal force and effect, each formal and informal advisory opinion
6 issued by the bead commission must be supported by specific legal authority under
7 a statute or other law, or by specific case or common law authority. Each formal
and
8 informal advisory opinion shall include a citation to each statute or other law and
9 each case or common law authority upon which the opinion is based, and shall
10 specifically articulate or explain which parts of the cited authority are relevant to
the
11 berms commission's conclusion and why they are relevant.
12 b 1. The beard commission may authorize its legal ^^u the
commission
13 administrator or his or her designee to issue an informal written advisory opinion
14 or to transmit an informal advisory opinion electronically on behalf of the beer
15 commission, subject to such limitations as the bead commission deems
appropriate.
16 Every informal advisory opinion shall be consistent with applicable formal advisory
17 opinions issued by the beak.commission, statute or other law, and case law.
18 (a) 4. At each regular meeting of the commission, the administrator shall
19 review informal advisory pinions requested of and issued by the administrator
and
20 that relate to recurring issues or issues of first impression for which no formal
21 advisory opinion has been issued. The commission may determine to issue a formal
22 advisory opinion adopting or modifying the informal advisory opinion. If the beams
23 commission disagrees with an a formal or informal advisory opinion that has been
24 issued by or on behalf of the bead commission, the bead commission may
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withdraw
25 the opinion erj issue a revised formal or informal advisory opinion fie, or
request
1 an opinion from the attorney general. No person acting after the date of the
2 withdrawal or issuance of the revised advisory opinion is exempted from
prosecution
3 under this subsection if the opinion upon which the person's action is based has
been
4 withdrawn or revised in relevant degree.
5 a 5. Except as authorized or required under sub. (5s) (f) 2., no member or
6 employee of the bid commission may make public the identity of the individual
7 requesting a formal or informal advisory opinion or of individuals or organizations
8 mentioned in the opinion.
9 c 2. Any person requesting a formal or informa advisory
opinion
10 under this ,,.,i seeti„r whe disagrees with the epinio r paragraph may request a
11 public or private hearing before the beats commission to discuss the opinion. The
12 bear-d commission shall grant a request for a public or private hearing under this
13 subseetieii. After-heaping the mattef, the bE)afd may Peeansider its opinion an4 may
14 issue o revised opinion to the person paragraph.
15 c 3. Promptly upon issuance of each formal advisory opinion that o
open
16 to publiG aGGegs, the bar commission shall publish ° O11mmory Of the opinion#h-at
17 is eonsistent with p i,,able requirement n together with the information specified
18 under sub. (5s) (f) 2. c. on the commission's Internet site.
19 SECTION 45. 5.05 (6a) (a) 3. of the statutes is created to read:
20 5.05 (6a) (a) 3. No person acting in good faith upon a formal or informal
21 advisory opinion issued by the commission under this subsection is subject to
22 criminal or civil prosecution for so acting, if the material facts are as stated in the
23 opinion request.
24 SECTION 46. 5.05 (6a) (b) 2. of the statutes is created to read:
1 5.05 (6a) (b) 2.Any individual may request in writing, electronically, or by
2 telephone an informal advisory opinion from the commission under this paragraph.
3 The commission's designee shall provide a written response, a written reference to
4 an applicable statute or law, or a written reference to a formal advisory opinion of
the
5 commission to the individual, or shall refer the request to the commission for
review
6 and the issuance of a formal advisory opinion.
7 SECTION 47. 5.05 (6a) (b) 3. of the statutes is created to read:
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