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,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,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,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,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,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.
AB388-engrossed,95,2316
(b) The commission may make records obtained in connection with an informal
17advisory opinion under par. (a) public with the consent of the individual requesting
18the informal advisory opinion or the organization or governmental body on whose
19behalf it is requested. A person who makes or purports to make public the substance
20of or any portion of an informal advisory opinion requested by or on behalf of the
21person is deemed to have waived the confidentiality of the request for an informal
22advisory opinion and of any records obtained or prepared by the commission in
23connection with the request for an informal advisory opinion.
AB388-engrossed,96,524
(c) Within 30 days after completing an investigation related to and the
25preparation of a formal advisory opinion on a matter under the jurisdiction of the
1commission, the commission shall make public the formal advisory opinion and
2records obtained in connection with the request for the formal advisory opinion,
3replacing the identity of any organization or governmental body on whose behalf the
4formal opinion is requested with generic, descriptive terms. The commission shall
5redact information related to the identity of any natural person making the request.
AB388-engrossed,96,12
719.552 Action to compel compliance. Whenever a violation of the laws
8regulating campaign financing occurs or is proposed to occur, the attorney general
9or the district attorney of the county where the violation occurs or is proposed to occur
10may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal
11or equitable relief as may be appropriate to compel compliance with the law. No bond
12is required in such actions.
AB388-engrossed,97,2
1419.554 Petition for enforcement. In addition to or in lieu of filing a
15complaint, any elector may file a verified petition alleging such facts as are within
16his or her knowledge to indicate that an election official has failed or is failing to
17comply with any law regulating campaign financing or proposes to act in a manner
18inconsistent with such a law, and requesting that an action be commenced for
19injunctive relief, a writ of mandamus or prohibition or other such legal or equitable
20relief as may be appropriate to compel compliance with the law. The petition shall
21be filed with the district attorney for the county having jurisdiction to prosecute the
22alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then
23commence the action or dismiss the petition. If the district attorney declines to act
24upon the petition or if the district attorney fails to act upon the petition within 15
1days of the date of filing, the petitioner may file the same petition with the attorney
2general, who may then commence the action.
AB388-engrossed,97,54
19.58
(4) A person who violates s. 19.50 may be fined not more than $10,000
5or imprisoned for not more than 9 months or both.
AB388-engrossed,97,197
19.59
(1) (g) 8. No district board member, member of a district board member's
8immediate family, nor any organization with which the district board member or a
9member of the district board member's immediate family owns or controls at least
1010% of the outstanding equity, voting rights, or outstanding indebtedness may enter
11into any contract or lease involving a payment or payments of more than $3,000
12within a 12-month period, in whole or in part derived from district funds unless the
13district board member has first made written disclosure of the nature and extent of
14such relationship or interest to the
government accountability board commission 15and to the district. Any contract or lease entered into in violation of this subdivision
16may be voided by the district in an action commenced within 3 years of the date on
17which the
government accountability board commission, or the district, knew or
18should have known that a violation of this subdivision had occurred. This
19subdivision does not affect the application of s. 946.13.
AB388-engrossed,97,2421
19.85
(1) (h) Consideration of requests for confidential written advice from the
22government accountability board elections commission under s. 5.05 (6a)
or the
23ethics commission under s. 19.46 (2), or from any county or municipal ethics board
24under s. 19.59 (5).
AB388-engrossed,98,2
119.851 (title)
Closed sessions by government accountability board
2ethics or elections commission.
AB388-engrossed,207
3Section
207. 19.851 of the statutes is renumbered 19.851 (2) and amended to
4read:
AB388-engrossed,98,85
19.851
(2) The
government accountability board commission shall hold each
6meeting of the
board commission for the purpose of deliberating concerning an
7investigation of any violation of the law under the jurisdiction of the
ethics and
8accountability division of the board commission in closed session under this section.
AB388-engrossed,98,18
9(1) Prior to convening under this section
or under s. 19.85 (1), the
government
10accountability board ethics commission and the elections commission shall vote to
11convene in closed session in the manner provided in s. 19.85 (1).
The ethics
12commission shall identify the specific reason or reasons under sub. (2) and s. 19.85
13(1) (a) to (h) for convening in closed session. The elections commission shall identify
14the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed
15session. No business may be conducted by the
government accountability board 16ethics commission or the elections commission at any closed session under this
17section except that which relates to the purposes of the session as authorized in this
18section or as authorized in s. 19.85 (1).
AB388-engrossed,100,72
20.505
(1) (d)
Special counsel. A sum sufficient,
subject to s. 5.05 (2q), for
3supplementing the appropriation under s. 20.510 (1) (be) for ongoing investigations;
4subject to s. 19.49 (2q), for supplementing the appropriation under s. 20.521 (1) (be)
5for ongoing investigations; and, subject to the procedures established in
ss. 5.05 (2m)
6(c) and s. 14.11 (2) (c), for the compensation of special counsel appointed as provided
7in ss.
5.05 (2m) (c), 14.11 (2)
, and 321.42.
AB388-engrossed,210
8Section
210. 20.510 (intro.) and (1) (title) of the statutes are created to read:
AB388-engrossed,100,11
920.510 Elections commission. (intro.) There is appropriated from the
10general fund, except where otherwise indicated, to the elections commission for the
11following programs:
AB388-engrossed,100,12
12(1) (title)
Administration of elections.
AB388-engrossed,100,1514
20.510
(1) (br)
Special counsel. The amounts in the schedule for the
15compensation of special counsel appointed as provided in s. 5.05 (2m) (c) 6.
AB388-engrossed,212
16Section
212. 20.511 (intro.) and (1) (title) of the statutes are repealed.
AB388-engrossed,213
1Section
213. 20.511 (1) (a) of the statutes is renumbered 20.510 (1) (a) and
2amended to read:
AB388-engrossed,101,73
20.510
(1) (a)
General program operations; general purpose revenue. 4Biennially, the amounts in the schedule for general program operations of the
board 5commission, including the printing of forms, materials, manuals, and election laws
6under ss. 7.08 (1) (b), (3), and (4)
and 11.21 (3) and (14), and the training of election
7officials under s. 5.05 (7).
AB388-engrossed,214
8Section
214. 20.511 (1) (be) of the statutes is renumbered 20.510 (1) (be) and
9amended to read:
AB388-engrossed,101,1310
20.510
(1) (be)
Investigations. A sum sufficient The amounts in the schedule 11for the purpose of financing the costs of investigations authorized by the
board 12commission of potential violations of chs. 5 to
10 and 12
, subch. III of ch. 13, and
13subch. III of ch. 19.
AB388-engrossed,215
14Section
215. 20.511 (1) (bm) of the statutes is renumbered 20.510 (1) (bm).
AB388-engrossed,216
15Section
216. 20.511 (1) (c) of the statutes is renumbered 20.510 (1) (c).
AB388-engrossed,217
16Section
217. 20.511 (1) (d) of the statutes is renumbered 20.510 (1) (d).
AB388-engrossed,218
17Section
218. 20.511 (1) (g) of the statutes is renumbered 20.510 (1) (g) and
18amended to read:
AB388-engrossed,101,2419
20.510
(1) (g)
Recount fees. The amounts in the schedule to be apportioned to
20the county clerks or county board of election commissioners as prescribed in s. 9.01
21(1) (ag). All moneys received on account of recount petitions filed with
it, to be
22apportioned to the county clerks or county board of election commissioners as
23prescribed in s. 9.01 (1) (ag) the commission shall be credited to this appropriation
24account.
AB388-engrossed,219
1Section
219. 20.511 (1) (h) of the statutes is renumbered 20.510 (1) (h) and
2amended to read:
AB388-engrossed,102,133
20.510
(1) (h)
Materials and services. The amounts in the schedule for the costs
4of publishing documents, locating and copying records, and conducting
programs
5under s. 19.48 (9) and administrative meetings and conferences, for compiling,
6disseminating, and making available information prepared by and filed with the
7board under s. 19.48 (10) commission, and for supplies, postage, and shipping. All
8moneys received by the
board commission from collections for sales of publications,
9for copies of records, for supplies, for postage, for shipping and records location fees,
10from fees assessed under s. 19.48 (9) and (10), and for charges assessed to
11participants in administrative meetings and conferences, except moneys received
12from requesters from sales of copies of the official registration list, shall be credited
13to this appropriation account.
AB388-engrossed,220
14Section
220. 20.511 (1) (i) of the statutes is renumbered 20.510 (1) (e) and
15amended to read:
AB388-engrossed,102,1816
20.510
(1) (e)
Elections administration
; program revenue. The amounts in the
17schedule for the administration of chs. 5 to
10 and 12.
All moneys received from fees
18imposed under s. 11.055 (1) shall be credited to this appropriation account.
AB388-engrossed,222
20Section
222. 20.511 (1) (j) of the statutes is renumbered 20.521 (1) (j) and
21amended to read:
AB388-engrossed,103,222
20.521
(1) (j)
Electronic filing software. The amounts in the schedule for
23providing software to be utilized for electronic filing of campaign finance reports
24under s. 11.21 (16). All moneys received from registrants who purchase software
to
1be utilized for electronic filing of campaign finance reports under s. 11.21 (16)
, for the
2purpose of providing that software shall be credited to this appropriation account.
AB388-engrossed,223
3Section
223. 20.511 (1) (jm) of the statutes is renumbered 20.510 (1) (jm) and
4amended to read:
AB388-engrossed,103,95
20.510
(1) (jm)
Gifts and grants.
The amounts in the schedule to carry out the
6purposes, not inconsistent with the law, for which gifts, grants, and bequests to the
7commission are made. All moneys received by the
board commission from gifts,
8grants, and bequests
to carry out the purposes, not inconsistent with the law, for
9which made or received shall be credited to this appropriation account.
AB388-engrossed,224
10Section
224. 20.511 (1) (m) of the statutes is renumbered 20.510 (1) (m) and
11amended to read:
AB388-engrossed,103,1612
20.510
(1) (m)
Federal aid. The amounts in the schedule to be used for the
13administration of chs. 5 to 10 and 12. All moneys received from the federal
14government, as authorized by the governor under s. 16.54, that are not appropriated
15under par. (x),
to be used for the administration of chs. 5 to 12, subch. III of ch. 13,
16or subch. III of ch. 19 shall be credited to this appropriation account.
AB388-engrossed,225
17Section
225. 20.511 (1) (t) of the statutes is renumbered 20.510 (1) (t).
AB388-engrossed,226
18Section
226. 20.511 (1) (x) of the statutes is renumbered 20.510 (1) (x).
AB388-engrossed,227
19Section
227. 20.521 (intro.) and (1) of the statutes are created to read:
AB388-engrossed,103,21
2020.521 Ethics commission. (intro.) There is appropriated to the ethics
21commission for the following programs:
AB388-engrossed,103,24
22(1) Ethics, campaign finance and lobbying regulation. (a)
General program
23operations; general purpose revenue. The amounts in the schedule for general
24program operations under ch. 11, subch. III of ch. 13, and subch. III of ch. 19.
AB388-engrossed,104,3
1(be)
Investigations. The amounts in the schedule for the purpose of financing
2the costs of investigations authorized by the commission of potential violations of ch.
311, subch. III of ch. 13, or subch. III of ch. 19.
AB388-engrossed,104,54
(br)
Special counsel. The amounts in the schedule for the compensation of
5special counsel appointed as provided in s. 19.49 (2) (b) 5.
AB388-engrossed,104,96
(g)
General program operations; program revenue. The amounts in the
7schedule for general program operations under ch. 11 and subch. III of ch. 19. All
8moneys received from fees imposed under s. 11.055 (1) shall be credited to this
9appropriation account.
AB388-engrossed,104,1310
(h)
Gifts and grants. The amounts in the schedule to carry out the purposes,
11not inconsistent with the law, for which gifts, grants, and bequests to the commission
12are made. All moneys received by the commission from gifts, grants, and bequests
13shall be credited to this appropriation account.
AB388-engrossed,104,2014
(i)
Materials and services. The amounts in the schedule for the cost of
15publishing documents, locating and copying records, postage and shipping, and
16conducting programs under s. 19.48 (9) and of compiling, disseminating, and making
17available information prepared by and filed with the commission under s. 19.48 (10).
18All moneys received by the commission from sales of documents, and from fees
19collected for copies of records, for postage, shipping, and location fees, and from fees
20assessed under s. 19.48 (9) and (10) shall be credited to this appropriation account.