AB388,68,2116 16.753 (2) Except as otherwise expressly provided, each agency shall provide
17to the government accountability board ethics commission for posting on the
18Internet a list identifying each solicitation for bids or competitive sealed proposals
19and each proposed order or contract of the agency for which bids or competitive
20sealed proposals will not be solicited that involves a major expenditure, together
21with all information required under sub. (4).
AB388,174 22Section 174. 16.79 (2) of the statutes is amended to read:
AB388,69,623 16.79 (2) The department shall distribute in pamphlet form copies of the
24constitution and such laws as may be required to meet the public demand, including
25the election laws. The department shall distribute election manuals, forms, and

1supplies specified by the government accountability board elections commission.
2The laws, manuals, forms, and supplies shall be sold by the department at cost,
3including distribution cost as determined under s. 35.80. The government
4accountability board
elections commission shall inform the department in writing as
5to which election manuals, forms, and supplies shall be offered for distribution under
6this subsection.
AB388,175 7Section 175. 16.96 (3) (b) of the statutes is amended to read:
AB388,69,118 16.96 (3) (b) Maintain and keep current throughout the decade the maps of
9congressional and legislative district boundaries received from the legislative
10reference bureau under s. 13.92 (1) (a) 6. and provide copies thereof to the
11government accountability board elections commission.
AB388,176 12Section 176. 16.973 (6) of the statutes is amended to read:
AB388,69,1713 16.973 (6) With the advice of the government accountability board ethics
14commission
, adopt and enforce standards of ethical conduct applicable to its paid
15consultants which are similar to the standards prescribed in subch. III of ch. 19,
16except that the department shall not require its paid consultants to file statements
17of economic interests.
AB388,177 18Section 177. 17.17 (1) of the statutes is amended to read:
AB388,69,2219 17.17 (1) Senators and members of congress. In the office of United States
20senator or member of congress from this state, by the county clerk of the county
21wherein such officer resided at the time of election, to the government accountability
22board
elections commission.
AB388,178 23Section 178. 17.17 (4) of the statutes is amended to read:
AB388,70,3
117.17 (4) Justices and judges. In the office of justice of the supreme court, court
2of appeals judge, or judge of a circuit court, by the director of state courts to the
3governor and the government accountability board elections commission.
AB388,179 4Section 179. 19.42 (3) of the statutes is repealed.
AB388,180 5Section 180. 19.42 (4p) of the statutes is created to read:
AB388,70,66 19.42 (4p) "Commission" means the ethics commission.
AB388,181 7Section 181. 19.42 (10) (a) of the statutes is created to read:
AB388,70,88 19.42 (10) (a) A member of the elections commission.
AB388,182 9Section 182. 19.43 (4) of the statutes is amended to read:
AB388,71,410 19.43 (4) A candidate for state public office shall file with the board commission
11a statement of economic interests meeting each of the requirements of s. 19.44 (1) no
12later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
13for the office which the candidate seeks, or no later than 4:30 p.m. on the next
14business day after the last day whenever that candidate is granted an extension of
15time for filing nomination papers or a declaration of candidacy under s. 8.05 (1) (j),
168.10 (2) (a), 8.15 (1), or 8.20 (8) (a),; no later than 4:30 p.m. on the 5th day after
17notification of nomination is mailed or personally delivered to the candidate by the
18municipal clerk in the case of a candidate who is nominated at a caucus ,; or no later
19than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally
20delivered to the candidate by the appropriate official or agency in the case of a
21write-in candidate or candidate who is appointed to fill a vacancy in nomination
22under s. 8.35 (2) (a). The information contained on the statement shall be current
23as of December 31 of the year preceding the filing deadline. Before certifying the
24name of any candidate for state public office under s. 7.08 (2) (a), the government
25accountability board
elections commission, municipal clerk, or board of election

1commissioners shall ascertain whether that candidate has complied with this
2subsection. If not, the government accountability board elections commission,
3municipal clerk, or board of election commissioners may not certify the candidate's
4name for ballot placement.
AB388,183 5Section 183. 19.43 (5) of the statutes is amended to read:
AB388,71,166 19.43 (5) Each member of the investment board and each employee of the
7investment board who is a state public official shall complete and file with the
8government accountability board commission a quarterly report of economic
9transactions no later than the last day of the month following the end of each
10calendar quarter during any portion of which he or she was a member or employee
11of the investment board. Such reports of economic transactions shall be in the form
12prescribed by the government accountability board commission and shall identify
13the date and nature of any purchase, sale, put, call, option, lease, or creation,
14dissolution, or modification of any economic interest made during the quarter for
15which the report is filed and disclosure of which would be required by s. 19.44 if a
16statement of economic interests were being filed.
AB388,184 17Section 184. 19.46 (1) (intro.) of the statutes is amended to read:
AB388,71,2018 19.46 (1) (intro.) Except in accordance with the board's commission's advice
19under s. 5.05 (6a) sub. (2) and except as otherwise provided in sub. (3), no state public
20official may:
AB388,185 21Section 185. 19.46 (2) of the statutes is created to read:
AB388,72,1022 19.46 (2) (a) 1. Any individual, either personally or on behalf of an organization
23or governmental body, may make a request of the commission in writing,
24electronically, or by telephone for a formal or informal advisory opinion regarding the
25propriety under ch. 11, subch. III of ch. 13, or this subchapter of any matter to which

1the person is or may become a party. Any appointing officer, with the consent of a
2prospective appointee, may request of the commission a formal or informal advisory
3opinion regarding the propriety under ch. 11, subch. III of ch. 13, or this subchapter
4of any matter to which the prospective appointee is or may become a party. The
5commission shall review a request for an advisory opinion and may issue a formal
6or informal written or electronic advisory opinion to the person making the request.
7Except as authorized or required for opinions specified in s. 19.55 (4) (b), the
8commission's deliberations and actions upon such requests shall be in meetings not
9open to the public. A member of the commission may, by written request, require the
10commission to review an advisory opinion.
AB388,72,1711 2. To have legal force and effect, each formal and informal advisory opinion
12issued by the commission must be supported by specific legal authority under a
13statute or other law, or by specific case or common law authority. Each formal and
14informal advisory opinion shall include a citation to each statute or other law and
15each case or common law authority upon which the opinion is based, and shall
16specifically articulate or explain which parts of the cited authority are relevant to the
17commission's conclusion and why they are relevant.
AB388,72,2018 3. No person acting in good faith upon a formal or informal advisory opinion
19issued by the commission under this subsection is subject to criminal or civil
20prosecution for so acting, if the material facts are as stated in the opinion request.
AB388,73,721 4. At each regular meeting of the commission, the commission administrator
22shall review informal advisory opinions requested of and issued by the administrator
23and that relate to recurring issues or issues of first impression for which no formal
24advisory opinion has been issued. The commission may determine to issue a formal
25advisory opinion adopting or modifying the informal advisory opinion. If the

1commission disagrees with a formal or informal advisory opinion that has been
2issued by or on behalf of the commission, the commission may withdraw the opinion,
3issue a revised formal or informal advisory opinion, or request an opinion from the
4attorney general. No person acting after the date of the withdrawal or issuance of
5the revised advisory opinion is exempted from prosecution under this subsection if
6the opinion upon which the person's action is based has been withdrawn or revised
7in relevant degree.
AB388,73,118 5. Except as authorized or required under s. 19.55 (4) (b), no member or
9employee of the commission may make public the identity of the individual
10requesting a formal or informal advisory opinion or of individuals or organizations
11mentioned in the opinion.
AB388,73,1712 (b) 1. The commission may authorize the commission administrator or his or
13her designee to issue an informal written advisory opinion or transmit an informal
14advisory opinion electronically on behalf of the commission, subject to such
15limitations as the commission deems appropriate. Every informal advisory opinion
16shall be consistent with applicable formal advisory opinions issued by the
17commission, statute or other law, and case law.
AB388,73,2318 2. Any individual may request in writing, electronically, or by telephone an
19informal advisory opinion from the commission under this paragraph. The
20commission's designee shall provide a written response, a written reference to an
21applicable statute or law, or a written reference to a formal advisory opinion of the
22commission to the individual, or shall refer the request to the commission for review
23and the issuance of a formal advisory opinion.
AB388,74,3
13. Any person receiving an informal advisory opinion under this paragraph
2may, at any time, request a formal advisory opinion from the commission on the same
3matter.
AB388,74,114 (c) 1. Any individual may request in writing, electronically, or by telephone a
5formal advisory opinion from the commission or the review or modification of a
6formal advisory opinion issued by the commission under this paragraph. The
7individual making the request shall include all pertinent facts relevant to the matter.
8The commission shall review a request for a formal advisory opinion and may issue
9a formal advisory opinion to the individual making the request. Except as authorized
10or required for opinions specified in s. 19.55 (4) (b), the commission's deliberations
11and actions upon such requests shall be in meetings not open to the public.
AB388,74,1512 2. Any person requesting a formal advisory opinion under this paragraph may
13request a public or private hearing before the commission to discuss the opinion. The
14commission shall grant a request for a public or private hearing under this
15paragraph.
AB388,74,1816 3. Promptly upon issuance of each formal advisory opinion, the commission
17shall publish the opinion together with the information specified under s. 19.55 (4)
18(c) on the commission's Internet site.
AB388,74,2119 4. If the commission declines to issue a formal advisory opinion, it may refer
20the matter to the attorney general or to the standing legislative oversight
21committees.
AB388,186 22Section 186. 19.47 (title) of the statutes is created to read:
AB388,74,23 2319.47 (title) Operation.
AB388,187 24Section 187. 19.47 of the statutes is renumbered 19.47 (3) and amended to
25read:
AB388,75,3
119.47 (3) Statements of economic interests. All members and employees of
2the board commission shall file statements of economic interests with the board
3commission.
AB388,188 4Section 188. 19.47 (1), (2) and (4) to (10) of the statutes are created to read:
AB388,75,75 19.47 (1) Office. The office of the commission shall be in Madison, but the
6commission may, after proper public notice and in compliance with subch. V, meet or
7exercise any of its powers at any other place in the state.
AB388,75,14 8(2) Administrator. The commission shall appoint an administrator in the
9manner provided under s. 15.62 (1) (b). The administrator shall be outside the
10classified service. The administrator shall appoint such other personnel as he or she
11requires to carry out the duties of the commission and may designate an employee
12of the commission to serve as legal counsel of the commission. The administrator
13shall perform such duties as the commission assigns to him or her in the
14administration of ch. 11, subch. III of ch. 13, and this subchapter.
AB388,75,17 15(4) Action. Any action by the commission, except an action relating to
16procedure of the commission, requires the affirmative vote of at least two-thirds of
17its members.
AB388,76,8 18(5) Annual report. The commission shall submit an annual report under s.
1915.04 (1) (d) and shall include in its annual report the names and duties of all
20individuals employed by the commission and a summary of its determinations and
21advisory opinions issued under s. 19.46 (2). Except as authorized or required under
22s. 19.55 (4) (b), the commission shall make sufficient alterations in the summaries
23to prevent disclosing the identities of individuals or organizations involved in the
24decisions or opinions. The commission shall identify in its report the statutory duties
25of the administrator of the commission, together with a description of the manner in

1which those duties are being fulfilled. Notwithstanding s. 19.55 (3) and s. 19.50, the
2commission shall also specify in its report the total number of investigations
3conducted by the commission since the last annual report and a description of the
4nature of each investigation, including whether the investigation related to
5campaign finance, ethics, or lobbying. The commission may also include in its
6annual report any information compiled under s. 11.21 (7). The commission shall
7make such further reports on the matters within its jurisdiction and such
8recommendations for legislation as it deems appropriate.
AB388,76,10 9(6) Operation. The joint committee on legislative organization shall be
10advisory to the commission on all matters relating to operation of the commission.
AB388,76,1611 (7) Guidance following binding court decisions. Within 2 months following
12the publication of a decision of a state or federal court that is binding on the
13commission and this state, the commission shall issue updated guidance or formal
14advisory opinions, commence the rule-making procedure to revise administrative
15rules promulgated by the commission, or request an opinion from the attorney
16general on the applicability of the court decision.
AB388,76,19 17(8) Standing. The commission has standing to commence or intervene in any
18civil action or proceeding for the purpose of enforcing the laws regulating campaign
19finance, ethics, or lobbying or ensuring their proper administration.
AB388,76,23 20(9) Policies and procedures. (a) Annually, the commission shall adopt written
21policies and procedures in order to govern its internal operations and management
22and shall annually report such policies and procedures to the appropriate standing
23committees of the legislature under s. 13.172 (3).
AB388,77,324 (b) Notwithstanding par. (a), the commission may reconsider at any time any
25policy or procedure adopted as provided under par. (a). If, upon reconsideration, the

1commission revises a previously reported policy or procedure, the commission shall
2report the revision to the appropriate standing committees of the legislature under
3s. 13.172 (3).
AB388,77,74 (c) The commission may reconsider at any time any written directives or
5written guidance provided to the general public or to any person subject to the
6provisions of ch. 11, subch. III of ch. 13, and this subchapter with regard to the
7enforcement and administration of those provisions.
AB388,77,8 8(10) Employees. All employees of the commission shall be nonpartisan.
AB388,189 9Section 189. 19.48 (intro.) of the statutes is amended to read:
AB388,77,11 1019.48 Duties of the board ethics commission. (intro.) The board
11commission shall:
AB388,190 12Section 190. 19.48 (1) of the statutes is amended to read:
AB388,77,1513 19.48 (1) Promulgate rules necessary to carry out this subchapter and ch. 11,
14subch. III of ch. 13, and this subchapter. The board commission shall give prompt
15notice of the contents of its rules to state public officials who will be affected thereby.
AB388,191 16Section 191. 19.48 (2) of the statutes is amended to read:
AB388,77,1917 19.48 (2) Prescribe and make available forms for use under this subchapter and
18ch. 11, subch. III of ch. 13, and this subchapter, including the forms specified in s.
1913.685 (1).
AB388,192 20Section 192. 19.48 (3) of the statutes is amended to read:
AB388,77,2321 19.48 (3) Accept and file any information related to the purposes of this
22subchapter and
ch. 11, subch. III of ch. 13, and this subchapter which is voluntarily
23supplied by any person in addition to the information required by this subchapter.
AB388,193 24Section 193. 19.48 (7) of the statutes is amended to read:
AB388,78,2
119.48 (7) Prepare and publish special reports and technical studies to further
2the purposes of this subchapter and ch. 11, subch. III of ch. 13, and this subchapter.
AB388,194 3Section 194. 19.48 (9) of the statutes is amended to read:
AB388,78,124 19.48 (9) Administer programs to explain and interpret this subchapter and
5ch. 11, subch. III of ch. 13, and this subchapter for state public officials, and for
6elective state officials, candidates for state public office, legislative officials, agency
7officials, lobbyists, as defined in s. 13.62, local public officials, corporation counsels
8and attorneys for local governmental units. The programs shall provide advice
9regarding appropriate ethical and lobbying practices, with special emphasis on
10public interest lobbying. The board commission may delegate creation and
11implementation of any such program to a group representing the public interest. The
12board commission may charge a fee to participants in any such program.
AB388,195 13Section 195. 19.49 of the statutes is created to read:
AB388,78,16 1419.49 Administration; enforcement. (1) General authority. The
15commission shall have the responsibility for the administration of ch. 11, subch. III
16of ch. 13, and this subchapter. Pursuant to such responsibility, the commission may:
AB388,79,317 (a) In the discharge of its duties and after providing notice to any party who is
18the subject of an investigation, subpoena and bring before it any person and require
19the production of any papers, book, or other records relevant to an investigation.
20Notwithstanding s. 885.01 (4), the issuance of a subpoena requires action by the
21commission at a meeting of the commission. A circuit court may by order permit the
22inspection and copying of the accounts and the depositor's and loan records at any
23financial institution, as defined in s. 705.01 (3), doing business in the state to obtain
24evidence of any violation of ch. 11 upon showing by the commission of probable cause
25to believe there is a violation and that such accounts and records may have a

1substantial relation to the violation. In the discharge of its duties, the commission
2may cause the deposition of witnesses to be taken in the manner prescribed for
3taking depositions in civil actions in circuit court.
AB388,80,54 (b) Bring civil actions to require a forfeiture for any violation of ch. 11, subch.
5III of ch. 13, or this subchapter or for a license revocation for any violation of subch.
6III of ch. 13, or this subchapter for which the offender is subject to a revocation. The
7commission may compromise and settle any civil action or potential action brought
8or authorized to be brought by it which, in the opinion of the commission, constitutes
9a minor violation, a violation caused by excusable neglect, or which for other good
10cause shown, should not in the public interest be prosecuted under such chapter.
11Notwithstanding s. 778.06, a civil action or proposed civil action authorized under
12this paragraph may be settled for such sum as may be agreed between the parties.
13Any settlement made by the commission shall be in such amount as to deprive the
14alleged violator of any benefit of his or her wrongdoing and may contain a penal
15component to serve as a deterrent to future violations. In settling civil actions or
16proposed civil actions, the commission shall treat comparable situations in a
17comparable manner and shall assure that any settlement bears a reasonable
18relationship to the severity of the offense or alleged offense. Except as otherwise
19provided in sub. (2) (b) 13. and 14. and ss. 19.554 and 19.59 (8), forfeiture and license
20revocation actions brought by the commission shall be brought in the circuit court
21for the county where the defendant resides, or if the defendant is a nonresident of this
22state, in circuit court for the county wherein the violation is alleged to occur. For
23purposes of this paragraph, a person other than an individual resides within a county
24if the person's principal place of operation is located within that county. Whenever
25the commission enters into a settlement agreement with an individual who is

1accused of a civil violation of ch. 11, subch. III of ch. 13, or this subchapter or who is
2investigated by the commission for a possible civil violation of one of those provisions,
3the commission shall reduce the agreement to writing, together with a statement of
4the commission's findings and reasons for entering into the agreement and shall
5retain the agreement and statement in its office for inspection.
AB388,80,106 (c) Sue for injunctive relief, a writ of mandamus or prohibition, or other such
7legal or equitable relief as may be appropriate to enforce any law regulating
8campaign financing or ensure its proper administration. No bond is required in such
9actions. Actions shall be brought in circuit court for the county where a violation
10occurs or may occur.
AB388,80,11 11(1m) (title) Complaints.
AB388,80,23 12(2) Enforcement. (a) The commission shall investigate violations of laws
13administered by the commission and may prosecute alleged civil violations of those
14laws, directly or through its agents under this subsection, pursuant to all statutes
15granting or assigning that authority or responsibility to the commission.
16Prosecution of alleged criminal violations investigated by the commission may be
17brought only as provided in par. (b) 9., 12., 13., and 14. and s. 978.05 (1). For purposes
18of this subsection, the commission may only initiate an investigation of an alleged
19violation of ch. 11, subch. III of ch. 13, and this subchapter, other than an offense
20described under par. (b) 10., based on a sworn complaint filed with the commission,
21as provided under par. (b). Neither the commission nor any member or employee of
22the commission, including the commission administrator, may file a sworn complaint
23for purposes of this subsection.
AB388,81,824 (b) 1. Any person may file a complaint with the commission alleging a violation
25of ch. 11, subch. III of ch. 13, or this subchapter. No later than 5 days after receiving

1a complaint, the commission shall notify each person who or which the complaint
2alleges committed such a violation. Before voting on whether to take any action
3regarding the complaint, other than to dismiss, the commission shall give each
4person receiving a notice under this subdivision an opportunity to demonstrate to the
5commission, in writing and within 15 days after receiving the notice, that the
6commission should take no action against the person on the basis of the complaint.
7The commission may not conduct any investigation or take any other action under
8this subsection solely on the basis of a complaint by an unidentified complainant.
AB388,81,129 1m. If the commission finds, by a preponderance of the evidence, that a
10complaint is frivolous, the commission may order the complainant to forfeit not more
11than the greater of $500 or the expenses incurred by the commission in investigating
12the complaint.
AB388,81,1613 2. Any person to whom ch. 11, subch. III of ch. 13, or this subchapter may have
14application may request the commission to make an investigation of his or her own
15conduct or of allegations made by other persons as to his or her conduct. Such a
16request shall be made in writing and shall set forth in detail the reasons therefor.
AB388,82,1517 3. If the commission reviews a complaint and fails to find that there is a
18reasonable suspicion that a violation under subd. 1. has occurred or is occurring, the
19commission shall dismiss the complaint. If the commission believes that there is
20reasonable suspicion that a violation under subd. 1. has occurred or is occurring, the
21commission may by resolution authorize the commencement of an investigation. The
22resolution shall specifically set forth any matter that is authorized to be investigated.
23To assist in the investigation, the commission may elect to retain a special
24investigator. If the commission elects to retain a special investigator, the
25administrator shall submit to the commission the names of 3 qualified individuals

1to serve as a special investigator. The commission may retain one or more of the
2individuals. If the commission retains a special investigator to investigate a
3complaint against a person who is a resident of this state, the commission shall
4provide to the district attorney for the county in which the person resides a copy of
5the complaint and shall notify the district attorney that it has retained a special
6investigator to investigate the complaint. For purposes of this subdivision, a person
7other than an individual resides within a county if the person's principal place of
8operation is located within that county. The commission shall enter into a written
9contract with any individual who is retained as a special investigator setting forth
10the terms of the engagement. A special investigator who is retained by the
11commission may request the commission to issue a subpoena to a specific person or
12to authorize the special investigator to request the circuit court of the county in which
13the specific person resides to issue a search warrant. The commission may grant the
14request by approving a motion to that effect at a meeting of the commission if the
15commission finds that such action is legally appropriate.
AB388,83,1016 4. Each special investigator who is retained by the commission shall make
17periodic reports to the commission, as directed by the commission, but in no case may
18the interval for reporting exceed 30 days. If the commission authorizes the
19administrator to investigate any matter without retaining a special investigator, the
20administrator shall make periodic reports to the commission, as directed by the
21commission, but in no case may the reporting interval exceed 30 days. During the
22pendency of any investigation, the commission shall meet for the purpose of
23reviewing the progress of the investigation at least once every 90 days. The special
24investigator or the administrator shall report in person to the commission at that
25meeting concerning the progress of the investigation. If, after receiving a report, the

1commission does not vote to continue an investigation for an additional period not
2exceeding 90 days, the investigation is terminated at the end of the reporting
3interval. The commission shall not expend more than $25,000 to finance the cost of
4an investigation before receiving a report on the progress of the investigation and a
5recommendation to commit additional resources. The commission may vote to
6terminate an investigation at any time. If an investigation is terminated, any
7complaint from which the investigation arose is deemed to be dismissed by the
8commission. Unless an investigation is terminated by the commission, at the
9conclusion of each investigation, the administrator shall present to the commission
10one of the following:
AB388,83,1311 a. A recommendation to make a finding that probable cause exists to believe
12that one or more violations under subd. 1. have occurred or are occurring, together
13with a recommended course of action.
AB388,83,1514 b. A recommendation for further investigation of the matter together with facts
15supporting that course of action.
AB388,83,1716 c. A recommendation to terminate the investigation due to lack of sufficient
17evidence to indicate that a violation under subd. 1. has occurred or is occurring.
AB388,84,218 5. a. If the commission finds that there is probable cause to believe that a
19violation under subd. 1. has occurred or is occurring, the commission may authorize
20the administrator to file a civil complaint against the alleged violator. In such case,
21the administrator may request the assistance of special counsel to prosecute any
22action brought by the commission. If the administrator requests the assistance of
23special counsel with respect to any matter, the administrator shall submit to the
24commission the names of 3 qualified individuals to serve as special counsel. The
25commission may retain one of the individuals to act as special counsel. The staff of

1the commission shall provide assistance to the special counsel as may be required by
2the counsel to carry out his or her responsibilities.
AB388,84,83 b. The commission shall enter into a written contract with any individual who
4is retained as special counsel setting forth the terms of the engagement. The contract
5shall set forth the compensation to be paid such counsel by the state. The contract
6shall be executed on behalf of the state by the commission and the commission shall
7file the contract in the office of the secretary of state. The compensation shall be
8charged to the appropriation under s. 20.521 (1) (br).
AB388,84,109 6. No individual who is appointed or retained by the commission to serve as
10special counsel or as a special investigator is subject to approval under s. 20.930.
AB388,84,1811 7. At the conclusion of its investigation, the commission shall, in preliminary
12written findings of fact and conclusions based thereon, make a determination of
13whether or not probable cause exists to believe that a violation under subd. 1. has
14occurred or is occurring. If the commission determines that no probable cause exists,
15it shall dismiss the complaint. Whenever the commission dismisses a complaint or
16a complaint is deemed to be dismissed under subd. 4., the commission shall
17immediately send written notice of the dismissal to the accused and to the party who
18made the complaint.
AB388,84,2019 8. The commission shall inform the accused or his or her counsel of exculpatory
20evidence in its possession.
AB388,85,321 9. If the commission finds that there is probable cause to believe that a violation
22under subd. 1. has occurred or is occurring, the commission may, in lieu of civil
23prosecution of any matter by the commission, refer the matter to the district attorney
24for the county in which the alleged violator resides, or if the alleged violator is a
25nonresident, to the district attorney for the county where the matter arises, or if par.

1(h) applies, to the attorney general or a special prosecutor. For purposes of this
2subdivision, a person other than an individual resides within a county if the person's
3principal place of operation is located within that county.
AB388,85,94 10. The commission shall, by rule, prescribe categories of civil offenses which
5the commission will agree to compromise and settle without a formal investigation
6upon payment of specified amounts by the alleged offender. The commission may
7authorize the administrator to compromise and settle such alleged offenses in the
8name of the commission if the alleged offenses by an offender, in the aggregate, do
9not involve payment of more than $2,500.
AB388,85,1810 11. If a special investigator or the administrator, in the course of an
11investigation authorized by the commission, discovers evidence that a violation
12under subd. 1. that was not within the scope of the authorized investigation has
13occurred or is occurring, the special investigator or the administrator may present
14that evidence to the commission. If the commission finds that there is a reasonable
15suspicion that a violation under subd. 1. that is not within the scope of the authorized
16investigation has occurred or is occurring, the commission may authorize the special
17investigator or the administrator to investigate the alleged violation or may elect to
18authorize a separate investigation of the alleged violation as provided in subd. 3.
AB388,86,219 12. If a special investigator or the administrator, in the course of an
20investigation authorized by the commission, discovers evidence of a potential
21violation of a law that is not administered by the commission arising from or in
22relation to the official functions of the subject of the investigation or any matter that
23involves campaign finance, ethics, or lobbying regulation, the special investigator or
24the administrator may present that evidence to the commission. The commission
25may thereupon refer the matter to the appropriate district attorney specified in subd.

19. or may refer the matter to the attorney general. The attorney general may then
2commence a civil or criminal prosecution relating to the matter.
AB388,86,163 13. Except as provided in subd. 15., if the commission refers a matter to the
4district attorney specified in subd. 9. for prosecution of a potential violation under
5subd. 1. or 12. and the district attorney informs the commission that he or she
6declines to prosecute any alleged civil or criminal violation related to any matter
7referred to the district attorney by the commission, or the district attorney fails to
8commence a prosecution of any civil or criminal violation related to any matter
9referred to the district attorney by the commission within 60 days of the date of the
10commission's referral, the commission may refer the matter to the district attorney
11for another prosecutorial unit that is contiguous to the prosecutorial unit of the
12district attorney to whom the matter was originally referred. If there is more than
13one such prosecutorial unit, the chairperson of the commission shall determine the
14district attorney to whom the matter shall be referred by publicly drawing lots at a
15meeting of the commission. The district attorney may then commence a civil or
16criminal prosecution relating to the matter.
AB388,86,2517 14. Except as provided in subd. 15., if the commission refers a matter to a
18district attorney under subd. 13. for prosecution of a potential violation under subd.
191. or 12. and the district attorney informs the commission that he or she declines to
20prosecute any alleged civil or criminal violation related to any matter referred to the
21district attorney by the commission, or the district attorney fails to commence a
22prosecution of any civil or criminal violation related to any matter referred to the
23district attorney by the commission within 60 days of the date of the commission's
24referral, the commission may refer the matter to the attorney general. The attorney
25general may then commence a civil or criminal prosecution relating to the matter.
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