After an election year criticized for its lack of political tact from both parties, Wisconsin lawmakers entered the January session keen on establishing a bipartisan ethics reform bill that could withstand public scrutiny. Not so fast, says the Wisconsin League of Women Voters and Common Cause, a group advocating a corrupt-free state government. Both groups publicly opposed the proposed Ethics Reform Bill Monday.
Both groups are highly concerned by a ""non-severability"" clause of the bill that says if a court finds any part of the bill unconstitutional, the entire bill becomes invalid.
""We're having trouble finding any legal expert that thinks this thing will survive court scrutiny,"" said Common Cause Executive Director Jay Heck.
According to WLWV Executive Director Andrea Kaminski, certain clauses within the bill are ""unconstitutional"" and ""anti-open government."" As the bill stands now, only decisions of the Government Accountability Board would be made public.
However, Kaminski maintains that her group wants an ethics bill passed.
""It's high time, we need this non-partisan oversight,"" Kaminski said.
At the Capitol Monday, the state Assembly Committee passed the Ethics Reform Bill by an 8-to-1 margin, making 14 changes to the amendment in the process. Tuesday, the Senate Ethics Committee will meet to put its stamp on the Assembly Committee's substitute ethics reform bill.
Chair of the Senate Judiciary and Ethics Committee, Sen. Fred Risser, D-Madison, opposes the ""non-severability"" clause and is confident his committee stands with him.
""I am chairman of the committee and I'm telling you we will delete it,"" Risser said.
The vote to withdraw the controversial clause will cross party lines, as Sen. Michael Ellis, R-Neenah, a member of the Senate Ethics committee, has publicly advocated removing the clause.
Risser said ""it's bad public policy"" to create an amendment that is fully bound to itself and that the non-severability clause could potentially terminate much of the progress in ethics that the bill supports.
""There's a lot of good in the bill that should be adopted,"" Risser said.
Assembly Speaker Mike Huebsh, R-West Salem, argues that a severable ethics bill would be ""weaker"" than the Assembly's initial proposal.
""If lawsuits start picking apart this plan, the opportunity for political shenanigans opens up,"" said Huebsh's communications director Bob Delaporte.
Delaporte added that if a court found a part of the bill unconstitutional, the legislature would simply have to return to a bipartisan drawing board and re-hash another bill. The ""non-severability"" clause aims to protect the minority party and keep the party in power ethical, Delaporte said.
Wisconsin Governor Jim Doyle struck a deal with the legislature to create a bipartisan ethics bill and is confident that a solution exists.
""[Doyle] believes that compromise is necessary,"" Doyle spokesperson Carla Vigue said.
