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:
AB388-engrossed,92,13 419.50 Unauthorized release of records or information. (1) Except as
5specifically authorized by law and except as provided in sub. (2), no investigator,
6prosecutor, employee of an investigator or prosecutor, or member or employee of the
7commission may disclose information related to an investigation or prosecution
8under ch. 11, subch. III of ch. 13, or this subchapter or any other law specified in s.
9978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the
10commission that is not subject to access under s. 19.55 (3) to any person other than
11an employee or agent of the prosecutor or investigator or a member, employee, or
12agent of the commission prior to presenting the information or record in a court of
13law.
AB388-engrossed,92,16 14(2) This section does not apply to any of the following communications made
15by an investigator, prosecutor, employee of an investigator or prosecutor, or member
16or employee of the commission:
AB388-engrossed,92,1817 (a) Communications made in the normal course of an investigation or
18prosecution.
AB388-engrossed,92,2019 (b) Communications with a local, state, or federal law enforcement or
20prosecutorial authority.
AB388-engrossed,92,2321 (c) Communications made to the attorney of an investigator, prosecutor,
22employee, or member of the commission or to a person or the attorney of a person who
23is investigated or prosecuted by the commission.
AB388-engrossed,197 24Section 197. 19.55 (1) of the statutes is amended to read:
AB388-engrossed,93,12
119.55 (1) Except as provided in sub. subs. (2) and s. 5.05 (5s) to (4), all records
2under ch. 11, this subchapter, or subch. III of ch. 13 in the possession of the board
3commission are open to public inspection at all reasonable times. The board
4commission shall require an individual wishing to examine a statement of economic
5interests or the list of persons who inspect any statements which are in the board's
6commission's possession to provide his or her full name and address, and if the
7individual is representing another person, the full name and address of the person
8which he or she represents. Such identification may be provided in writing or in
9person. The board commission shall record and retain for at least 3 years
10information obtained by it pursuant to this subsection. No individual may use a
11fictitious name or address or fail to identify a principal in making any request for
12inspection.
AB388-engrossed,198 13Section 198. 19.55 (2) (c) of the statutes is amended to read:
AB388-engrossed,93,2014 19.55 (2) (c) Statements of economic interests and reports of economic
15transactions which are filed with the government accountability board commission
16by members or employees of the investment board, except that the government
17accountability board
commission shall refer statements and reports filed by such
18individuals to the legislative audit bureau for its review, and except that a statement
19of economic interests filed by a member or employee of the investment board who is
20also an official required to file shall be open to public inspection.
AB388-engrossed,199 21Section 199. 19.55 (3) of the statutes is created to read:
AB388-engrossed,93,2522 19.55 (3) Records obtained or prepared by the commission in connection with
23an investigation, including the full text of any complaint received by the commission,
24are not subject to the right of inspection and copying under s. 19.35 (1), except as
25follows:
AB388-engrossed,94,2
1(a) The commission shall permit inspection of records that are distributed or
2discussed in the course of a meeting or hearing by the commission in open session.
AB388-engrossed,94,53 (am) The commission shall provide to the joint committee on finance records
4obtained or prepared by the commission in connection with an ongoing investigation
5when required under s. 19.49 (2q).
AB388-engrossed,94,76 (b) Investigatory records of the commission may be made public in the course
7of a prosecution initiated under ch. 11, subch. III of ch. 13, or this subchapter.
AB388-engrossed,94,108 (bm) The commission shall provide investigatory records to the state auditor
9and the employees of the legislative audit bureau to the extent necessary for the
10bureau to carry out its duties under s. 13.94.
AB388-engrossed,94,1411 (c) The commission shall provide information from investigation and hearing
12records that pertains to the location of individuals and assets of individuals as
13requested under s. 49.22 (2m) by the department of children and families or by a
14county child support agency under s. 59.53 (5).
AB388-engrossed,94,2015 (d) If the commission commences a civil prosecution of a person for an alleged
16violation of ch. 11, subch. III of ch. 13, or this subchapter as the result of an
17investigation, the person who is the subject of the investigation may authorize the
18commission to make available for inspection and copying under s. 19.35 (1) records
19of the investigation pertaining to that person if the records are available by law to
20the subject person and the commission shall then make those records available.
AB388-engrossed,94,2221 (e) The following records of the commission are open to public inspection and
22copying under s. 19.35 (1):
AB388-engrossed,94,2423 1. Any record of the action of the commission authorizing the filing of a civil
24complaint under s. 19.49 (2) (b) 5.
AB388-engrossed,95,2
12. Any record of the action of the commission referring a matter to a district
2attorney or other prosecutor for investigation or prosecution.
AB388-engrossed,95,43 3. Any record containing a finding that a complaint does not raise a reasonable
4suspicion that a violation of the law has occurred.
AB388-engrossed,95,65 4. Any record containing a finding, following an investigation, that no probable
6cause exists to believe that a violation of the law has occurred.
AB388-engrossed,200 7Section 200. 19.55 (4) of the statutes is created to read:
AB388-engrossed,95,158 19.55 (4) (a) Except as authorized or required under par. (b), records obtained
9in connection with a request for an advisory opinion issued under s. 19.46 (2), other
10than summaries of advisory opinions that do not disclose the identity of individuals
11requesting such opinions or organizations on whose behalf they are requested, are
12not subject to the right of inspection and copying under s. 19.35 (1). Except as
13authorized or required under par. (b), the commission shall make sufficient
14alterations in the summaries to prevent disclosing the identities of individuals or
15organizations involved in the opinions.
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