LRB-3659/1
JK&TKK:cjs&kjf&wlj
2015 - 2016 LEGISLATURE
October 21, 2015 - Printed by direction of Senate Chief Clerk.
AB388-engrossed,3,7 1An Act to repeal 5.05 (1m), 5.05 (2m) (c) 3., 5.05 (2m) (c) 8., 5.05 (2m) (g), 5.05
2(2s), 5.05 (5s) (f) 1., 5.05 (5s) (f) 2. a., 5.05 (5s) (f) 2. b., 5.052, 5.054, 5.09, 5.68
3(3m), 13.62 (4), 15.07 (1) (a) 2., 15.07 (2) (b), 15.07 (5) (m), 15.60 (title), 15.60 (2),
415.60 (3), 15.60 (5), 15.60 (7), 15.603 (title), 15.603 (1) (title), 15.603 (2) (title),
515.607, 19.42 (3), 20.511 (intro.) and (1) (title), 20.923 (4) (f) 3j., 230.08 (2) (e)
64h., 230.08 (2) (on) and 758.19 (9); to renumber 5.05 (2m) (c) 2. b., 15.60 (6),
720.511 (1) (bm), 20.511 (1) (c), 20.511 (1) (d), 20.511 (1) (im), 20.511 (1) (t) and
820.511 (1) (x); to renumber and amend 5.02 (1s), 5.05 (2), 5.05 (5s) (f) 2. c., 5.05
9(6a), 12.01, 15.06 (2), 15.60 (1), 15.60 (4), 15.60 (8), 15.603 (1), 15.603 (2), 19.47,
1019.851, 20.511 (1) (a), 20.511 (1) (be), 20.511 (1) (g), 20.511 (1) (h), 20.511 (1) (i),
1120.511 (1) (j), 20.511 (1) (jm) and 20.511 (1) (m); 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 (1e), 5.05 (2m) (a), 5.05 (2m) (c) 2. a., 5.05 (2m) (c) 4., 5.05 (2m) (c) 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.,

15.05 (2m) (c) 14., 5.05 (2m) (d) 1., 5.05 (2m) (h), 5.05 (2m) (i), 5.05 (2w), 5.05 (3g),
25.05 (5e), 5.05 (5s) (intro.), 5.05 (5s) (b), 5.05 (5s) (bm), 5.05 (5s) (d), 5.05 (9), 5.05
3(10), 5.05 (11), 5.055, 5.056, 5.07, 5.08, 5.40 (7), 5.58 (2), 5.58 (2m), 5.60 (1) (b),
45.62 (4) (b), 5.93, 6.26 (3), 6.275 (1) (f), 6.275 (2), 6.33 (5) (a), 6.36 (1) (b) 1. a.,
56.36 (1) (bm), 6.36 (2) (a), 6.50 (2g), 6.50 (7), 6.56 (3), 6.95, 6.96, 6.97 (1), 7.03
6(1) (a), 7.03 (1) (b), 7.03 (2), 7.08 (title), 7.08 (1) (a), 7.08 (4), 7.15 (1) (g), 7.41 (5),
77.52 (1) (a), 7.60 (4) (a), 7.60 (5), 7.70 (3) (b), 7.70 (3) (i), 7.70 (5) (a), 8.05 (1) (j)
83., 8.10 (5), 8.10 (6) (a), 8.15 (4) (b), 8.17 (9) (a), 8.20 (6), 8.20 (7), 8.30 (2m), 8.50
9(1) (a), 8.50 (3) (a), 8.50 (3) (e), 9.01 (1) (a) 1., 9.01 (1) (a) 4., 9.01 (1) (ag) 4., 9.01
10(1) (ar) 3., 9.01 (5) (a), 9.01 (5) (bm), 9.01 (5) (c), 9.01 (6) (a), 9.01 (7) (a), 9.01 (8)
11(a), 9.01 (8) (c), 9.01 (8) (d), 9.01 (10), 10.06 (1) (title), 11.09, 11.21 (title), 11.21
12(7) (intro.), 11.30 (2) (fm), 11.60 (4), 11.61 (2), 12.13 (5) (a), 13.123 (3) (b) 2., 13.23,
1313.63 (1) (a), 13.685, 14.38 (10m), 15.01 (2), 15.04 (1) (d), 15.06 (5), 15.06 (6),
1415.07 (1) (cm), 15.07 (4), 16.753 (2), 16.79 (2), 16.96 (3) (b), 16.973 (6), 17.17 (1),
1517.17 (4), 19.43 (4), 19.43 (5), 19.46 (1) (intro.), 19.48 (intro.), 19.48 (1), 19.48
16(2), 19.48 (3), 19.48 (7), 19.48 (9), 19.55 (1), 19.55 (2) (c), 19.59 (1) (g) 8., 19.85
17(1) (h), 19.851 (title), 20.505 (1) (d), 20.930, 20.9305 (2) (e) (intro.), 38.16 (3) (br)
183., 45.44 (1) (b), 49.165 (4) (a), 59.605 (3) (a) 3., 67.05 (3) (b), 67.05 (6), 73.0301
19(1) (d) 13., 73.0301 (1) (e), 85.61 (1), 108.227 (1) (e) 13., 108.227 (1) (f), 117.20
20(2), 117.27 (2) (b) (intro.), 121.91 (3) (c), 125.05 (1) (b) 10., 165.25 (1), 165.93 (4)
21(a), 198.08 (10), 200.09 (11) (am) 2., 200.09 (11) (am) 3., 227.03 (6), 227.52 (6),
22230.08 (4) (a), 234.02 (3m) (c), 301.03 (20m), 343.11 (2m), 756.04 (2) (c) 1.,
23778.135, 978.05 (1) and 978.05 (2); and to create 5.05 (2m) (k), 5.05 (2q), 5.05
24(3d), 5.05 (5s) (am), 5.05 (5t), 5.05 (6a) (a) 3., 5.05 (6a) (b) 2., 5.05 (6a) (b) 3., 5.05
25(6a) (c) 1., 5.05 (6a) (c) 4., 5.05 (16), 5.05 (17), 11.01 (4m), 12.01 (2), 13.62 (5m),

115.06 (1) (d), 15.06 (1) (e), 15.06 (2) (b), 15.06 (3) (a) 5., 15.06 (3) (a) 6., 15.06 (10),
215.61 (title), 15.61 (1) (a) 1. to 6., 15.61 (1m), 15.61 (5), 15.62, 19.42 (4p), 19.42
3(10) (a), 19.46 (2), 19.47 (title), 19.47 (1), (2) and (4) to (10), 19.49, 19.50, 19.55
4(3), 19.55 (4), 19.552, 19.554, 19.58 (4), 20.510 (intro.) and (1) (title), 20.510 (1)
5(br), 20.521 (intro.) and (1), 230.08 (2) (eL) and 230.08 (2) (et) of the statutes;
6relating to: reorganizing the Government Accountability Board, requiring the
7exercise of rule-making authority, and making appropriations.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2015 Assembly Bill 388, as passed by the assembly on
October 21, 2015, consists of the following documents adopted in the assembly on
October 21, 2015: the bill as affected by Assembly Amendment 1 and Assembly
Amendment 4.
Content of Engrossed 2015 Assembly Bill 388
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
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. Members appointed to
either commission with the advice and consent of the senate may serve prior to
senate confirmation.
In the event of a vacancy on the commission of a member appointed by the
legislative leadership, the bill requires the legislative leader of the political party
that made the initial appointment to fill the vacancy.
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 two-thirds of the members of the commission at the
commission's first meeting every two years. Under the bill, the chairperson serves
a two-year term. Also under the bill, the party affiliation of the chairperson
alternates every term. The party affiliation of the first chairperson of each board is
to be determined by lot.
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
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
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.

The bill transfers the amounts in the GAB appropriations for fiscal year 2016-17 to
the supplemental appropriations of the Joint Committee on Finance to be distributed
to the two commissions upon the adoption of an implementation plan by the
secretary of administration.
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:
AB388-engrossed,1 1Section 1. 5.01 (4) (a) of the statutes is amended to read:
AB388-engrossed,6,82 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage
6commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
7presence of the chairperson of the board elections commission or the chairperson's
8designee.
AB388-engrossed,2 9Section 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
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