AB388-engrossed,72,2111 19.43 (5) Each member of the investment board and each employee of the
12investment board who is a state public official shall complete and file with the
13government accountability board commission a quarterly report of economic
14transactions no later than the last day of the month following the end of each
15calendar quarter during any portion of which he or she was a member or employee
16of the investment board. Such reports of economic transactions shall be in the form
17prescribed by the government accountability board commission and shall identify
18the date and nature of any purchase, sale, put, call, option, lease, or creation,
19dissolution, or modification of any economic interest made during the quarter for
20which the report is filed and disclosure of which would be required by s. 19.44 if a
21statement of economic interests were being filed.
AB388-engrossed,184 22Section 184. 19.46 (1) (intro.) of the statutes is amended to read:
AB388-engrossed,72,2523 19.46 (1) (intro.) Except in accordance with the board's commission's advice
24under s. 5.05 (6a) sub. (2) and except as otherwise provided in sub. (3), no state public
25official may:
AB388-engrossed,185
1Section 185. 19.46 (2) of the statutes is created to read:
AB388-engrossed,73,152 19.46 (2) (a) 1. Any individual, either personally or on behalf of an organization
3or governmental body, may make a request of the commission in writing,
4electronically, or by telephone for a formal or informal advisory opinion regarding the
5propriety under ch. 11, subch. III of ch. 13, or this subchapter of any matter to which
6the person is or may become a party. Any appointing officer, with the consent of a
7prospective appointee, may request of the commission a formal or informal advisory
8opinion regarding the propriety under ch. 11, subch. III of ch. 13, or this subchapter
9of any matter to which the prospective appointee is or may become a party. The
10commission shall review a request for an advisory opinion and may issue a formal
11or informal written or electronic advisory opinion to the person making the request.
12Except as authorized or required for opinions specified in s. 19.55 (4) (b), the
13commission's deliberations and actions upon such requests shall be in meetings not
14open to the public. A member of the commission may, by written request, require the
15commission to review an advisory opinion.
AB388-engrossed,73,2216 2. To have legal force and effect, each formal and informal advisory opinion
17issued by the commission must be supported by specific legal authority under a
18statute or other law, or by specific case or common law authority. Each formal and
19informal advisory opinion shall include a citation to each statute or other law and
20each case or common law authority upon which the opinion is based, and shall
21specifically articulate or explain which parts of the cited authority are relevant to the
22commission's conclusion and why they are relevant.
AB388-engrossed,73,2523 3. No person acting in good faith upon a formal or informal advisory opinion
24issued by the commission under this subsection is subject to criminal or civil
25prosecution for so acting, if the material facts are as stated in the opinion request.
AB388-engrossed,74,12
14. At each regular meeting of the commission, the commission administrator
2shall review informal advisory opinions requested of and issued by the administrator
3and that relate to recurring issues or issues of first impression for which no formal
4advisory opinion has been issued. The commission may determine to issue a formal
5advisory opinion adopting or modifying the informal advisory opinion. If the
6commission disagrees with a formal or informal advisory opinion that has been
7issued by or on behalf of the commission, the commission may withdraw the opinion,
8issue a revised formal or informal advisory opinion, or request an opinion from the
9attorney general. No person acting after the date of the withdrawal or issuance of
10the revised advisory opinion is exempted from prosecution under this subsection if
11the opinion upon which the person's action is based has been withdrawn or revised
12in relevant degree.
AB388-engrossed,74,1613 5. Except as authorized or required under s. 19.55 (4) (b), no member or
14employee of the commission may make public the identity of the individual
15requesting a formal or informal advisory opinion or of individuals or organizations
16mentioned in the opinion.
AB388-engrossed,74,2217 (b) 1. The commission may authorize the commission administrator or his or
18her designee to issue an informal written advisory opinion or transmit an informal
19advisory opinion electronically on behalf of the commission, subject to such
20limitations as the commission deems appropriate. Every informal advisory opinion
21shall be consistent with applicable formal advisory opinions issued by the
22commission, statute or other law, and case law.
AB388-engrossed,75,323 2. Any individual may request in writing, electronically, or by telephone an
24informal advisory opinion from the commission under this paragraph. The
25commission's designee shall provide a written response, a written reference to an

1applicable statute or law, or a written reference to a formal advisory opinion of the
2commission to the individual, or shall refer the request to the commission for review
3and the issuance of a formal advisory opinion.
AB388-engrossed,75,64 3. Any person receiving an informal advisory opinion under this paragraph
5may, at any time, request a formal advisory opinion from the commission on the same
6matter.
AB388-engrossed,75,147 (c) 1. Any individual may request in writing, electronically, or by telephone a
8formal advisory opinion from the commission or the review or modification of a
9formal advisory opinion issued by the commission under this paragraph. The
10individual making the request shall include all pertinent facts relevant to the matter.
11The commission shall review a request for a formal advisory opinion and may issue
12a formal advisory opinion to the individual making the request. Except as authorized
13or required for opinions specified in s. 19.55 (4) (b), the commission's deliberations
14and actions upon such requests shall be in meetings not open to the public.
AB388-engrossed,75,1815 2. Any person requesting a formal advisory opinion under this paragraph may
16request a public or private hearing before the commission to discuss the opinion. The
17commission shall grant a request for a public or private hearing under this
18paragraph.
AB388-engrossed,75,2119 3. Promptly upon issuance of each formal advisory opinion, the commission
20shall publish the opinion together with the information specified under s. 19.55 (4)
21(c) on the commission's Internet site.
AB388-engrossed,75,2422 4. If the commission declines to issue a formal advisory opinion, it may refer
23the matter to the attorney general or to the standing legislative oversight
24committees.
AB388-engrossed,186 25Section 186. 19.47 (title) of the statutes is created to read:
AB388-engrossed,76,1
119.47 (title) Operation.
AB388-engrossed,187 2Section 187. 19.47 of the statutes is renumbered 19.47 (3) and amended to
3read:
AB388-engrossed,76,64 19.47 (3) Statements of economic interests. All members and employees of
5the board commission shall file statements of economic interests with the board
6commission.
AB388-engrossed,188 7Section 188. 19.47 (1), (2) and (4) to (10) of the statutes are created to read:
AB388-engrossed,76,108 19.47 (1) Office. The office of the commission shall be in Madison, but the
9commission may, after proper public notice and in compliance with subch. V, meet or
10exercise any of its powers at any other place in the state.
AB388-engrossed,76,17 11(2) Administrator. The commission shall appoint an administrator in the
12manner provided under s. 15.62 (1) (b). The administrator shall be outside the
13classified service. The administrator shall appoint such other personnel as he or she
14requires to carry out the duties of the commission and may designate an employee
15of the commission to serve as legal counsel of the commission. The administrator
16shall perform such duties as the commission assigns to him or her in the
17administration of ch. 11, subch. III of ch. 13, and this subchapter.
AB388-engrossed,76,20 18(4) Action. Any action by the commission, except an action relating to
19procedure of the commission, requires the affirmative vote of at least two-thirds of
20its members.
AB388-engrossed,77,11 21(5) Annual report. The commission shall submit an annual report under s.
2215.04 (1) (d) and shall include in its annual report the names and duties of all
23individuals employed by the commission and a summary of its determinations and
24advisory opinions issued under s. 19.46 (2). Except as authorized or required under
25s. 19.55 (4) (b), the commission shall make sufficient alterations in the summaries

1to prevent disclosing the identities of individuals or organizations involved in the
2decisions or opinions. The commission shall identify in its report the statutory duties
3of the administrator of the commission, together with a description of the manner in
4which those duties are being fulfilled. Notwithstanding s. 19.55 (3) and s. 19.50, the
5commission shall also specify in its report the total number of investigations
6conducted by the commission since the last annual report and a description of the
7nature of each investigation, including whether the investigation related to
8campaign finance, ethics, or lobbying. The commission may also include in its
9annual report any information compiled under s. 11.21 (7). The commission shall
10make such further reports on the matters within its jurisdiction and such
11recommendations for legislation as it deems appropriate.
AB388-engrossed,77,13 12(6) Operation. The joint committee on legislative organization shall be
13advisory to the commission on all matters relating to operation of the commission.
AB388-engrossed,77,1914 (7) Guidance following binding court decisions. Within 2 months following
15the publication of a decision of a state or federal court that is binding on the
16commission and this state, the commission shall issue updated guidance or formal
17advisory opinions, commence the rule-making procedure to revise administrative
18rules promulgated by the commission, or request an opinion from the attorney
19general on the applicability of the court decision.
AB388-engrossed,77,22 20(8) Standing. The commission has standing to commence or intervene in any
21civil action or proceeding for the purpose of enforcing the laws regulating campaign
22finance, ethics, or lobbying or ensuring their proper administration.
AB388-engrossed,78,2 23(9) Policies and procedures. (a) Annually, the commission shall adopt written
24policies and procedures in order to govern its internal operations and management

1and shall annually report such policies and procedures to the appropriate standing
2committees of the legislature under s. 13.172 (3).
AB388-engrossed,78,73 (b) Notwithstanding par. (a), the commission may reconsider at any time any
4policy or procedure adopted as provided under par. (a). If, upon reconsideration, the
5commission revises a previously reported policy or procedure, the commission shall
6report the revision to the appropriate standing committees of the legislature under
7s. 13.172 (3).
AB388-engrossed,78,118 (c) The commission may reconsider at any time any written directives or
9written guidance provided to the general public or to any person subject to the
10provisions of ch. 11, subch. III of ch. 13, and this subchapter with regard to the
11enforcement and administration of those provisions.
AB388-engrossed,78,12 12(10) Employees. All employees of the commission shall be nonpartisan.
AB388-engrossed,78,17 13(11) Payments. The commission may accept payment by credit card, debit card,
14or other electronic payment mechanism for any amounts owed pursuant to the
15administration of ch. 11, subch. III of ch. 13, or this subchapter, and may charge a
16surcharge to the payer to recover charges associated with the acceptance of that
17electronic payment.
AB388-engrossed,189 18Section 189. 19.48 (intro.) of the statutes is amended to read:
AB388-engrossed,78,20 1919.48 Duties of the board ethics commission. (intro.) The board
20commission shall:
AB388-engrossed,190 21Section 190. 19.48 (1) of the statutes is amended to read:
AB388-engrossed,78,2422 19.48 (1) Promulgate rules necessary to carry out this subchapter and ch. 11,
23subch. III of ch. 13, and this subchapter. The board commission shall give prompt
24notice of the contents of its rules to state public officials who will be affected thereby.
AB388-engrossed,191 25Section 191. 19.48 (2) of the statutes is amended to read:
AB388-engrossed,79,3
119.48 (2) Prescribe and make available forms for use under this subchapter and
2ch. 11, subch. III of ch. 13, and this subchapter, including the forms specified in s.
313.685 (1).
AB388-engrossed,192 4Section 192. 19.48 (3) of the statutes is amended to read:
AB388-engrossed,79,75 19.48 (3) Accept and file any information related to the purposes of this
6subchapter and
ch. 11, subch. III of ch. 13, and this subchapter which is voluntarily
7supplied by any person in addition to the information required by this subchapter.
AB388-engrossed,193 8Section 193. 19.48 (7) of the statutes is amended to read:
AB388-engrossed,79,109 19.48 (7) Prepare and publish special reports and technical studies to further
10the purposes of this subchapter and ch. 11, subch. III of ch. 13, and this subchapter.
AB388-engrossed,194 11Section 194. 19.48 (9) of the statutes is amended to read:
AB388-engrossed,79,2012 19.48 (9) Administer programs to explain and interpret this subchapter and
13ch. 11, subch. III of ch. 13, and this subchapter for state public officials, and for
14elective state officials, candidates for state public office, legislative officials, agency
15officials, lobbyists, as defined in s. 13.62, local public officials, corporation counsels
16and attorneys for local governmental units. The programs shall provide advice
17regarding appropriate ethical and lobbying practices, with special emphasis on
18public interest lobbying. The board commission may delegate creation and
19implementation of any such program to a group representing the public interest. The
20board commission may charge a fee to participants in any such program.
AB388-engrossed,195 21Section 195. 19.49 of the statutes is created to read:
AB388-engrossed,79,24 2219.49 Administration; enforcement. (1) General authority. The
23commission shall have the responsibility for the administration of ch. 11, subch. III
24of ch. 13, and this subchapter. Pursuant to such responsibility, the commission may:
AB388-engrossed,80,12
1(a) In the discharge of its duties and after providing notice to any party who is
2the subject of an investigation, subpoena and bring before it any person and require
3the production of any papers, book, or other records relevant to an investigation.
4Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the
5commission at a meeting of the commission. A circuit court may by order permit the
6inspection and copying of the accounts and the depositor's and loan records at any
7financial institution, as defined in s. 705.01 (3), doing business in the state to obtain
8evidence of any violation of ch. 11 upon showing by the commission of probable cause
9to believe there is a violation and that such accounts and records may have a
10substantial relation to the violation. In the discharge of its duties, the commission
11may cause the deposition of witnesses to be taken in the manner prescribed for
12taking depositions in civil actions in circuit court.
AB388-engrossed,81,1413 (b) Bring civil actions to require a forfeiture for any violation of ch. 11, subch.
14III of ch. 13, or this subchapter or for a license revocation for any violation of subch.
15III of ch. 13 for which the offender is subject to a revocation. The commission may
16compromise and settle any civil action or potential action brought or authorized to
17be brought by it which, in the opinion of the commission, constitutes a minor
18violation, a violation caused by excusable neglect, or which for other good cause
19shown, should not in the public interest be prosecuted under such chapter.
20Notwithstanding s. 778.06, a civil action or proposed civil action authorized under
21this paragraph may be settled for such sum as may be agreed between the parties.
22Any settlement made by the commission shall be in such amount as to deprive the
23alleged violator of any benefit of his or her wrongdoing and may contain a penal
24component to serve as a deterrent to future violations. In settling civil actions or
25proposed civil actions, the commission shall treat comparable situations in a

1comparable manner and shall assure that any settlement bears a reasonable
2relationship to the severity of the offense or alleged offense. Except as otherwise
3provided in sub. (2) (b) 13. and 14. and ss. 19.554 and 19.59 (8), forfeiture and license
4revocation actions brought by the commission shall be brought in the circuit court
5for the county where the defendant resides, or if the defendant is a nonresident of this
6state, in circuit court for the county wherein the violation is alleged to occur. For
7purposes of this paragraph, a person other than an individual resides within a county
8if the person's principal place of operation is located within that county. Whenever
9the commission enters into a settlement agreement with an individual who is
10accused of a civil violation of ch. 11, subch. III of ch. 13, or this subchapter or who is
11investigated by the commission for a possible civil violation of one of those provisions,
12the commission shall reduce the agreement to writing, together with a statement of
13the commission's findings and reasons for entering into the agreement and shall
14retain the agreement and statement in its office for inspection.
AB388-engrossed,81,1915 (c) Sue for injunctive relief, a writ of mandamus or prohibition, or other such
16legal or equitable relief as may be appropriate to enforce any law regulating
17campaign financing or ensure its proper administration. No bond is required in such
18actions. Actions shall be brought in circuit court for the county where a violation
19occurs or may occur.
AB388-engrossed,81,20 20(1m) (title) Complaints.
AB388-engrossed,82,7 21(2) Enforcement. (a) The commission shall investigate violations of laws
22administered by the commission and may prosecute alleged civil violations of those
23laws, directly or through its agents under this subsection, pursuant to all statutes
24granting or assigning that authority or responsibility to the commission.
25Prosecution of alleged criminal violations investigated by the commission may be

1brought only as provided in par. (b) 9., 12., 13., and 14. and s. 978.05 (1). For purposes
2of this subsection, the commission may only initiate an investigation of an alleged
3violation of ch. 11, subch. III of ch. 13, and this subchapter, other than an offense
4described under par. (b) 10., based on a sworn complaint filed with the commission,
5as provided under par. (b). Neither the commission nor any member or employee of
6the commission, including the commission administrator, may file a sworn complaint
7for purposes of this subsection.
AB388-engrossed,82,178 (b) 1. Any person may file a complaint with the commission alleging a violation
9of ch. 11, subch. III of ch. 13, or this subchapter. No later than 5 days after receiving
10a complaint, the commission shall notify each person who or which the complaint
11alleges committed such a violation. Before voting on whether to take any action
12regarding the complaint, other than to dismiss, the commission shall give each
13person receiving a notice under this subdivision an opportunity to demonstrate to the
14commission, in writing and within 15 days after receiving the notice, that the
15commission should take no action against the person on the basis of the complaint.
16The commission may not conduct any investigation or take any other action under
17this subsection solely on the basis of a complaint by an unidentified complainant.
AB388-engrossed,82,2118 1m. If the commission finds, by a preponderance of the evidence, that a
19complaint is frivolous, the commission may order the complainant to forfeit not more
20than the greater of $500 or the expenses incurred by the commission in investigating
21the complaint.
AB388-engrossed,82,2522 2. Any person to whom ch. 11, subch. III of ch. 13, or this subchapter may have
23application may request the commission to make an investigation of his or her own
24conduct or of allegations made by other persons as to his or her conduct. Such a
25request shall be made in writing and shall set forth in detail the reasons therefor.
AB388-engrossed,83,24
13. If the commission reviews a complaint and fails to find that there is a
2reasonable suspicion that a violation under subd. 1. has occurred or is occurring, the
3commission shall dismiss the complaint. If the commission believes that there is
4reasonable suspicion that a violation under subd. 1. has occurred or is occurring, the
5commission may by resolution authorize the commencement of an investigation. The
6resolution shall specifically set forth any matter that is authorized to be investigated.
7To assist in the investigation, the commission may elect to retain a special
8investigator. If the commission elects to retain a special investigator, the
9administrator shall submit to the commission the names of 3 qualified individuals
10to serve as a special investigator. The commission may retain one or more of the
11individuals. If the commission retains a special investigator to investigate a
12complaint against a person who is a resident of this state, the commission shall
13provide to the district attorney for the county in which the person resides a copy of
14the complaint and shall notify the district attorney that it has retained a special
15investigator to investigate the complaint. For purposes of this subdivision, a person
16other than an individual resides within a county if the person's principal place of
17operation is located within that county. The commission shall enter into a written
18contract with any individual who is retained as a special investigator setting forth
19the terms of the engagement. A special investigator who is retained by the
20commission may request the commission to issue a subpoena to a specific person or
21to authorize the special investigator to request the circuit court of the county in which
22the specific person resides to issue a search warrant. The commission may grant the
23request by approving a motion to that effect at a meeting of the commission if the
24commission finds that such action is legally appropriate.
AB388-engrossed,84,20
14. Each special investigator who is retained by the commission shall make
2periodic reports to the commission, as directed by the commission, but in no case may
3the interval for reporting exceed 30 days. If the commission authorizes the
4administrator to investigate any matter without retaining a special investigator, the
5administrator shall make periodic reports to the commission, as directed by the
6commission, but in no case may the reporting interval exceed 30 days. During the
7pendency of any investigation, the commission shall meet for the purpose of
8reviewing the progress of the investigation at least once every 90 days. The special
9investigator or the administrator shall report in person to the commission at that
10meeting concerning the progress of the investigation. If, after receiving a report, the
11commission does not vote to continue an investigation for an additional period not
12exceeding 90 days, the investigation is terminated at the end of the reporting
13interval. The commission shall not expend more than $25,000 to finance the cost of
14an investigation before receiving a report on the progress of the investigation and a
15recommendation to commit additional resources. The commission may vote to
16terminate an investigation at any time. If an investigation is terminated, any
17complaint from which the investigation arose is deemed to be dismissed by the
18commission. Unless an investigation is terminated by the commission, at the
19conclusion of each investigation, the administrator shall present to the commission
20one of the following:
AB388-engrossed,84,2321 a. A recommendation to make a finding that probable cause exists to believe
22that one or more violations under subd. 1. have occurred or are occurring, together
23with a recommended course of action.
AB388-engrossed,84,2524 b. A recommendation for further investigation of the matter together with facts
25supporting that course of action.
AB388-engrossed,85,2
1c. A recommendation to terminate the investigation due to lack of sufficient
2evidence to indicate that a violation under subd. 1. has occurred or is occurring.
AB388-engrossed,85,123 5. a. If the commission finds that there is probable cause to believe that a
4violation under subd. 1. has occurred or is occurring, the commission may authorize
5the administrator to file a civil complaint against the alleged violator. In such case,
6the administrator may request the assistance of special counsel to prosecute any
7action brought by the commission. If the administrator requests the assistance of
8special counsel with respect to any matter, the administrator shall submit to the
9commission the names of 3 qualified individuals to serve as special counsel. The
10commission may retain one of the individuals to act as special counsel. The staff of
11the commission shall provide assistance to the special counsel as may be required by
12the counsel to carry out his or her responsibilities.
AB388-engrossed,85,1813 b. The commission shall enter into a written contract with any individual who
14is retained as special counsel setting forth the terms of the engagement. The contract
15shall set forth the compensation to be paid such counsel by the state. The contract
16shall be executed on behalf of the state by the commission and the commission shall
17file the contract in the office of the secretary of state. The compensation shall be
18charged to the appropriation under s. 20.521 (1) (br).
AB388-engrossed,85,2019 6. No individual who is appointed or retained by the commission to serve as
20special counsel or as a special investigator is subject to approval under s. 20.930.
AB388-engrossed,86,321 7. At the conclusion of its investigation, the commission shall, in preliminary
22written findings of fact and conclusions based thereon, make a determination of
23whether or not probable cause exists to believe that a violation under subd. 1. has
24occurred or is occurring. If the commission determines that no probable cause exists,
25it shall dismiss the complaint. Whenever the commission dismisses a complaint or

1a complaint is deemed to be dismissed under subd. 4., the commission shall
2immediately send written notice of the dismissal to the accused and to the party who
3made the complaint.
AB388-engrossed,86,54 8. The commission shall inform the accused or his or her counsel of exculpatory
5evidence in its possession.
AB388-engrossed,86,136 9. If the commission finds that there is probable cause to believe that a violation
7under subd. 1. has occurred or is occurring, the commission may, in lieu of civil
8prosecution of any matter by the commission, refer the matter to the district attorney
9for the county in which the alleged violator resides, or if the alleged violator is a
10nonresident, to the district attorney for the county where the matter arises, or if par.
11(h) applies, to the attorney general or a special prosecutor. For purposes of this
12subdivision, a person other than an individual resides within a county if the person's
13principal place of operation is located within that county.
AB388-engrossed,86,1914 10. The commission shall, by rule, prescribe categories of civil offenses which
15the commission will agree to compromise and settle without a formal investigation
16upon payment of specified amounts by the alleged offender. The commission may
17authorize the administrator to compromise and settle such alleged offenses in the
18name of the commission if the alleged offenses by an offender, in the aggregate, do
19not involve payment of more than $2,500.
AB388-engrossed,87,320 11. If a special investigator or the administrator, in the course of an
21investigation authorized by the commission, discovers evidence that a violation
22under subd. 1. that was not within the scope of the authorized investigation has
23occurred or is occurring, the special investigator or the administrator may present
24that evidence to the commission. If the commission finds that there is a reasonable
25suspicion that a violation under subd. 1. that is not within the scope of the authorized

1investigation has occurred or is occurring, the commission may authorize the special
2investigator or the administrator to investigate the alleged violation or may elect to
3authorize a separate investigation of the alleged violation as provided in subd. 3.
AB388-engrossed,87,124 12. If a special investigator or the administrator, in the course of an
5investigation authorized by the commission, discovers evidence of a potential
6violation of a law that is not administered by the commission arising from or in
7relation to the official functions of the subject of the investigation or any matter that
8involves campaign finance, ethics, or lobbying regulation, the special investigator or
9the administrator may present that evidence to the commission. The commission
10may thereupon refer the matter to the appropriate district attorney specified in subd.
119. or may refer the matter to the attorney general. The attorney general may then
12commence a civil or criminal prosecution relating to the matter.
AB388-engrossed,88,213 13. Except as provided in subd. 15., if the commission refers a matter to the
14district attorney specified in subd. 9. for prosecution of a potential violation under
15subd. 1. or 12. and the district attorney informs the commission that he or she
16declines to prosecute any alleged civil or criminal violation related to any matter
17referred to the district attorney by the commission, or the district attorney fails to
18commence a prosecution of any civil or criminal violation related to any matter
19referred to the district attorney by the commission within 60 days of the date of the
20commission's referral, the commission may refer the matter to the district attorney
21for another prosecutorial unit that is contiguous to the prosecutorial unit of the
22district attorney to whom the matter was originally referred. If there is more than
23one such prosecutorial unit, the chairperson of the commission shall determine the
24district attorney to whom the matter shall be referred by publicly drawing lots at a

1meeting of the commission. The district attorney may then commence a civil or
2criminal prosecution relating to the matter.
AB388-engrossed,88,113 14. Except as provided in subd. 15., if the commission refers a matter to a
4district attorney under subd. 13. for prosecution of a potential violation under subd.
51. or 12. and the district attorney informs the commission that he or she declines to
6prosecute any alleged civil or criminal violation related to any matter referred to the
7district attorney by the commission, or the district attorney fails to commence a
8prosecution of any civil or criminal violation related to any matter referred to the
9district attorney by the commission within 60 days of the date of the commission's
10referral, the commission may refer the matter to the attorney general. The attorney
11general may then commence a civil or criminal prosecution relating to the matter.
AB388-engrossed,88,1412 15. The commission is not authorized to act under subd. 13. or 14. if a special
13prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in
14subd. 9.
AB388-engrossed,88,2215 16. Whenever the commission refers a matter to special counsel or to a district
16attorney or to the attorney general under this subsection, the special counsel, district
17attorney, or attorney general shall report to the commission concerning any action
18taken regarding the matter. The report shall be transmitted no later than 40 days
19after the date of the referral. If the matter is not disposed of during that period, the
20special counsel, district attorney, or attorney general shall file a subsequent report
21at the end of each 30-day period following the filing of the initial report until final
22disposition of the matter.
AB388-engrossed,88,2523 (c) 1. No individual who serves as the administrator may have been a lobbyist,
24as defined in s. 13.62 (11). No such individual may have served in a partisan state
25or local office.
AB388-engrossed,89,7
12. No employee of the commission, while so employed, may become a candidate,
2as defined in s. 11.01 (1), for a state or partisan local office. No individual who is
3retained by the commission to serve as a special investigator or as special counsel
4may, while so retained, become a candidate, as defined in s. 11.01 (1), for any state
5or local office. A filing officer shall decline to accept nomination papers or a
6declaration of candidacy from any individual who does not qualify to become a
7candidate under this paragraph.
AB388-engrossed,89,158 (d) No individual who serves as an employee of the commission and no
9individual who is retained by the commission to serve as a special investigator or a
10special counsel may, while so employed or retained, make a contribution, as defined
11in s. 11.01 (6), to a candidate for state or local office. No individual who serves as an
12employee of the commission and no individual who is retained by the commission to
13serve as a special investigator or as special counsel, for 12 months prior to becoming
14so employed or retained, may have made a contribution, as defined in s. 11.01 (6), to
15a candidate for a partisan state or local office.
AB388-engrossed,89,1716 (e) Pursuant to any investigation authorized under par. (b), the commission has
17the power:
AB388-engrossed,89,2118 1. To require any person to submit in writing such reports and answers to
19questions relevant to the proceedings as the commission may prescribe, such
20submission to be made within such period and under oath or otherwise as the
21commission may determine.
AB388-engrossed,89,2522 2. To order testimony to be taken by deposition before any individual who is
23designated by the commission and has the power to administer oaths, and, in such
24instances, to compel testimony and the production of evidence in the same manner
25as authorized by sub. (1) (a).
AB388-engrossed,90,2
13. To pay witnesses the same fees and mileage as are paid in like circumstances
2by the courts of this state.
AB388-engrossed,90,53 4. To request and obtain from the department of revenue copies of state income
4or franchise tax returns and access to other appropriate information under s. 71.78
5(4) regarding all persons who are the subject of such investigation.
AB388-engrossed,90,86 (f) 1. Except as provided in subd. 2., no action may be taken on any complaint
7that is filed later than 3 years after a violation of ch. 11, subch. III of ch. 13, or this
8subchapter is alleged to have occurred.
AB388-engrossed,90,119 2. The period of limitation under subd. 1. is tolled for a complaint alleging a
10violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint
11may not be filed under sub. (1m) or s. 19.59 (8) (cm).
AB388-engrossed,90,1712 (g) If the defendant in an action for a civil violation of ch. 11, subch. III of ch.
1313, or this subchapter is a district attorney or a circuit judge or a candidate for either
14such office, the action shall be brought by the commission. If the defendant in an
15action for a civil violation of ch. 11, subch. III of ch. 13, or this subchapter is the
16attorney general or a candidate for that office, the commission may appoint special
17counsel to bring suit on behalf of the state.
AB388-engrossed,90,2318 (h) If the defendant in an action for a criminal violation of ch. 11, subch. III of
19ch. 13, or this subchapter is a district attorney or a circuit judge or a candidate for
20either such office, the action shall be brought by the attorney general. If the
21defendant in an action for a criminal violation of ch. 11, subch. III of ch. 13, or this
22subchapter is the attorney general or a candidate for that office, the commission may
23appoint a special prosecutor to conduct the prosecution on behalf of the state.
AB388-engrossed,91,3
1(i) Any special counsel or prosecutor who is appointed under par. (g) or (h) shall
2be independent of the attorney general and need not be a state employee at the time
3of his or her appointment.
AB388-engrossed,91,64 (j) The commission's power to initiate civil actions under this subsection for the
5enforcement of ch. 11, subch. III of ch. 13, or this subchapter shall be the exclusive
6remedy for alleged civil violations of ch. 11, subch. III of ch. 13, or this subchapter.
AB388-engrossed,92,2 7(2q) Supplemental funding for ongoing investigations. The commission may
8request supplemental funds to be credited to the appropriation account under s.
920.521 (1) (be) for the purpose of continuing an ongoing investigation initiated under
10sub. (2). A request under this subsection shall be filed with the secretary of
11administration and the cochairpersons of the joint committee on finance in writing
12and shall contain a statement of the action requested, the purposes therefor, the
13statutory provision authorizing or directing the performance of the action, and
14information about the nature of the investigation for which the commission seeks
15supplemental funds, excluding the name of any individual or organization that is the
16subject of the investigation. If the cochairpersons of the joint committee on finance
17do not notify the secretary of administration that the committee has scheduled a
18meeting for the purpose of reviewing the request within 14 working days after the
19commission filed the request, the secretary shall supplement the appropriation
20under s. 20.521 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
21not to exceed the amount the commission requested. If, within 14 working days after
22the commission filed the request, the cochairpersons of the joint committee on
23finance notify the secretary that the committee has scheduled a meeting for the
24purpose of reviewing the commission's request under this subsection, the secretary
25may supplement the appropriation under s. 20.521 (1) (be) only with the committee's

1approval. The committee and the secretary shall notify the commission of all their
2actions taken under this subsection.
AB388-engrossed,196 3Section 196. 19.50 of the statutes is created to read:
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