The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB388,1 1Section 1. 5.01 (4) (a) of the statutes is amended to read:
AB388,6,32 5.01 (4) (a) If 2 or more candidates for the same office receive the greatest, but
3an equal number of votes, the winner shall be chosen by lot in the presence of the
4board of canvassers charged with the responsibility to determine the election, or in
5the case of an election for state or national office or metropolitan sewerage

1commissioner, if the commissioner is elected under s. 200.09 (11) (am), in the
2presence of the chairperson of the board elections commission or the chairperson's
3designee.
AB388,2 4Section 2. 5.02 (1s) of the statutes is renumbered 5.025 and amended to read:
AB388,6,6 55.025 Elections commission; definition. "Board In chs. 5 to 10 and 12,
6"commission
" means the government accountability board elections commission.
AB388,3 7Section 3. 5.05 (title) of the statutes is amended to read:
AB388,6,9 85.05 (title) Government accountability board Elections commission;
9powers and duties.
AB388,4 10Section 4. 5.05 (1) (intro.) of the statutes is amended to read:
AB388,6,1511 5.05 (1) General authority. (intro.) The government accountability board
12elections commission shall have the responsibility for the administration of chs. 5 to
1312, 10 and 12 and other laws relating to elections and election campaigns, subch. III
14of ch. 13, and subch. III of ch. 19
, other than laws relating to campaign financing.
15Pursuant to such responsibility, the board commission may:
AB388,5 16Section 5. 5.05 (1) (b) of the statutes is amended to read:
AB388,7,317 5.05 (1) (b) In the discharge of its duties and after providing notice to any party
18who is the subject of an investigation, subpoena and bring before it any person and
19require the production of any papers, books, or other records relevant to an
20investigation. Notwithstanding s. 885.01 (4), the issuance of a subpoena requires
21action by the board commission at a meeting of the board commission. A circuit court
22may by order permit the inspection and copying of the accounts and the depositor's
23and loan records at any financial institution, as defined in s. 705.01 (3), doing
24business in the state to obtain evidence of any violation of ch. 11 upon showing by the
25board of probable cause to believe there is a violation and that such accounts and

1records may have a substantial relation to the violation.
In the discharge of its
2duties, the board commission may cause the deposition of witnesses to be taken in
3the manner prescribed for taking depositions in civil actions in circuit court.
AB388,6 4Section 6. 5.05 (1) (c) of the statutes is amended to read:
AB388,8,75 5.05 (1) (c) Bring civil actions to require a forfeiture for any violation of chs. 5
6to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or a license revocation for any
7violation of subch. III of ch. 13 for which the offender is subject to a revocation
. The
8board commission may compromise and settle any civil action or potential action
9brought or authorized to be brought by it which, in the opinion of the board
10commission, constitutes a minor violation, a violation caused by excusable neglect,
11or which for other good cause shown, should not in the public interest be prosecuted
12under such chapter. Notwithstanding s. 778.06, a civil action or proposed civil action
13authorized under this paragraph may be settled for such sum as may be agreed
14between the parties. Any settlement made by the board commission shall be in such
15amount as to deprive the alleged violator of any benefit of his or her wrongdoing and
16may contain a penal component to serve as a deterrent to future violations. In
17settling civil actions or proposed civil actions, the board commission shall treat
18comparable situations in a comparable manner and shall assure that any settlement
19bears a reasonable relationship to the severity of the offense or alleged offense.
20Except as otherwise provided in sub. (2m) (c) 15. and 16. and ss. 5.08, and 5.081, and
2119.59 (8),
forfeiture and license revocation actions brought by the board commission
22shall be brought in the circuit court for the county where the defendant resides, or
23if the defendant is a nonresident of this state, in circuit court for the county wherein
24the violation is alleged to occur. For purposes of this paragraph, a person other than
25a natural person an individual resides within a county if the person's principal place

1of operation is located within that county. Whenever the board commission enters
2into a settlement agreement with an individual who is accused of a civil violation of
3chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 or who is investigated by
4the board commission for a possible civil violation of one of those provisions, the
5board commission shall reduce the agreement to writing, together with a statement
6of the board's commission's findings and reasons for entering into the agreement and
7shall retain the agreement and statement in its office for inspection.
AB388,7 8Section 7. 5.05 (1) (d) of the statutes is amended to read:
AB388,8,149 5.05 (1) (d) Sue for injunctive relief, a writ of mandamus or prohibition, or other
10such legal or equitable relief as may be appropriate to enforce any law regulating the
11conduct of elections or election campaigns, other than laws regulating campaign
12financing,
or ensure its proper administration. No bond is required in such actions.
13Actions shall be brought in circuit court for the county where a violation occurs or
14may occur.
AB388,8 15Section 8. 5.05 (1) (e) of the statutes is amended to read:
AB388,8,2316 5.05 (1) (e) Delegate to its legal counsel the authority to intervene in a civil
17action or proceeding under sub. (9), issue
Issue an order under s. 5.06, exempt a
18polling place from accessibility requirements under s. 5.25 (4) (a), exempt a
19municipality from the requirement to use voting machines or an electronic voting
20system under s. 5.40 (5m), approve an electronic data recording system for
21maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
22who is nominated to serve as an election official under s. 7.30 (4) (e), subject to such
23limitations as the board deems appropriate
.
AB388,9 24Section 9. 5.05 (1) (f) of the statutes is amended to read:
AB388,9,4
15.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the
2purpose of interpreting or implementing the laws regulating the conduct of elections
3or election campaigns, other than laws regulating campaign financing, or ensuring
4their proper administration.
AB388,10 5Section 10. 5.05 (1e) of the statutes is amended to read:
AB388,9,86 5.05 (1e) Any action by the board commission, except an action relating to
7procedure of the commission,
requires the affirmative vote of at least 4 two-thirds
8of the
members.
AB388,11 9Section 11. 5.05 (1m) of the statutes is repealed.
AB388,12 10Section 12. 5.05 (2) of the statutes is renumbered 19.49 (2g) and amended to
11read:
AB388,9,1912 19.49 (2g) Auditing. In addition to the facial examination of reports and
13statements required under s. 11.21 (13), the board commission shall conduct an audit
14of reports and statements which are required to be filed with it to determine whether
15violations of ch. 11 have occurred. The board commission may examine records
16relating to matters required to be treated in such reports and statements. The board
17commission shall make official note in the file of a candidate, committee, group or
18individual under ch. 11 of any error or other discrepancy which the board commission
19discovers and shall inform the person submitting the report or statement.
AB388,13 20Section 13. 5.05 (2m) (a) of the statutes is amended to read:
AB388,9,2521 5.05 (2m) (a) The board commission shall investigate violations of laws
22administered by the board commission and may prosecute alleged civil violations of
23those laws, directly or through its agents under this subsection, pursuant to all
24statutes granting or assigning that authority or responsibility to the board
25commission. Prosecution of alleged criminal violations investigated by the board

1commission may be brought only as provided in par. (c) 11., 14., 15., and 16. and s.
2978.05 (1). For purposes of this subsection, the commission may only initiate an
3investigation of an alleged violation of chs. 5 to 10 and 12, other than an offense
4described under par. (c) 12., based on a sworn complaint filed with the commission,
5as provided under par. (c). 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.
AB388,14 8Section 14. 5.05 (2m) (c) 2. a. of the statutes is amended to read:
AB388,10,199 5.05 (2m) (c) 2. a. Any person may file a complaint with the board commission
10alleging a violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19.
11No later than 5 days after receiving a complaint, the commission shall notify each
12person who or which the complaint alleges committed such a violation. Before voting
13on whether to take any action regarding the complaint, other than to dismiss, the
14commission shall give each person receiving a notice under this subd. 2. a. an
15opportunity to demonstrate to the commission, in writing and within 15 days after
16receiving the notice, that the commission should take no action against the person
17on the basis of the complaint. The commission may not conduct any investigation
18or take any other action under this subsection solely on the basis of a complaint by
19an unidentified complainant.
AB388,10,23 20am. If the board commission finds, by a preponderance of the evidence, that a
21complaint is frivolous, the board commission may order the complainant to forfeit not
22more than the greater of $500 or the expenses incurred by the division commission
23in investigating the complaint.
AB388,15 24Section 15. 5.05 (2m) (c) 2. b. of the statutes is renumbered 19.49 (1m).
AB388,16 25Section 16. 5.05 (2m) (c) 3. of the statutes is repealed.
AB388,17
1Section 17. 5.05 (2m) (c) 4. of the statutes is amended to read:
AB388,12,22 5.05 (2m) (c) 4. If the board commission reviews a complaint and fails to find
3that there is a reasonable suspicion that a violation under subd. 2. has occurred or
4is occurring, the board commission shall dismiss the complaint. If the board
5commission believes that there is reasonable suspicion that a violation under subd.
62. has occurred or is occurring, the board commission may by resolution authorize
7the commencement of an investigation. The resolution shall specifically set forth any
8matter that is authorized to be investigated. To assist in the investigation, the board
9commission may elect to retain a special investigator. If the board commission elects
10to retain a special investigator, the administrator of the ethics and accountability
11division
commission shall submit to the board commission the names of 3 qualified
12individuals to serve as a special investigator. The board commission may retain one
13or more of the individuals. If the board commission retains a special investigator to
14investigate a complaint against a person who is a resident of this state, the board
15commission shall provide to the district attorney for the county in which the person
16resides a copy of the complaint and shall notify the district attorney that it has
17retained a special investigator to investigate the complaint. For purposes of this
18subdivision, a person other than a natural person an individual resides within a
19county if the person's principal place of operation is located within that county. The
20board commission shall enter into a written contract with any individual who is
21retained as a special investigator setting forth the terms of the engagement. A
22special investigator who is retained by the board commission may request the board
23commission to issue a subpoena to a specific person or to authorize the special
24investigator to request a the circuit court of the county in which the specific person
25resides
to issue a search warrant. The board commission may grant the request by

1approving a motion to that effect at a meeting of the board commission if the board
2commission finds that such action is legally appropriate.
AB388,18 3Section 18. 5.05 (2m) (c) 5. (intro.) of the statutes is amended to read:
AB388,12,254 5.05 (2m) (c) 5. (intro.) Each special investigator who is retained by the board
5commission shall make periodic reports to the board commission, as directed by the
6board commission, but in no case may the interval for reporting exceed 30 days. If
7the board commission authorizes the commission administrator of the ethics and
8accountability division
to investigate any matter without retaining a special
9investigator, the administrator shall make periodic reports to the board commission,
10as directed by the board commission, but in no case may the reporting interval exceed
1130 days. During the pendency of any investigation, the board commission shall meet
12for the purpose of reviewing the progress of the investigation at least once every 90
13days. The special investigator or the administrator shall report in person to the
14board commission at that meeting concerning the progress of the investigation. If,
15after receiving a report, the board commission does not vote to continue an
16investigation for an additional period not exceeding 90 days, the investigation is
17terminated at the end of the reporting interval. The board commission shall not
18expend more than $10,000 $25,000 to finance the cost of an investigation before
19receiving a report on the progress of the investigation and a recommendation to
20commit additional resources. The board commission may vote to terminate an
21investigation at any time. If an investigation is terminated, any complaint from
22which the investigation arose is deemed to be dismissed by the board commission.
23Unless an investigation is terminated by the board commission, at the conclusion of
24each investigation, the administrator shall present to the board commission one of
25the following:
AB388,19
1Section 19. 5.05 (2m) (c) 6. a. of the statutes is amended to read:
AB388,13,132 5.05 (2m) (c) 6. a. If the board commission finds that there is probable cause
3to believe that a violation under subd. 2. has occurred or is occurring, the board
4commission may authorize the commission administrator of the ethics and
5accountability division
to file a civil complaint against the alleged violator. In such
6case, the administrator may request the assistance of special counsel to prosecute
7any action brought by the board commission. If the administrator requests the
8assistance of special counsel with respect to any matter, the administrator shall
9submit to the board commission the names of 3 qualified individuals to serve as
10special counsel. The board commission may retain one of the individuals to act as
11special counsel. The staff of the board commission shall provide assistance to the
12special counsel as may be required by the counsel to carry out his or her
13responsibilities.
AB388,20 14Section 20. 5.05 (2m) (c) 6. b. of the statutes is amended to read:
AB388,13,2115 5.05 (2m) (c) 6. b. The board commission shall enter into a written contract with
16any individual who is retained as special counsel setting forth the terms of the
17engagement. The contract shall set forth the compensation to be paid such counsel
18by the state. The contract shall be executed on behalf of the state by the board's legal
19counsel, who
commission and the commission shall file the contract in the office of
20the secretary of state. The compensation shall be charged to the appropriation under
21s. 20.505 (1) (d) 20.510 (1) (br).
AB388,21 22Section 21. 5.05 (2m) (c) 8. of the statutes is repealed.
AB388,22 23Section 22. 5.05 (2m) (c) 12. of the statutes is amended to read:
AB388,14,524 5.05 (2m) (c) 12. The board may commission shall, by rule, prescribe categories
25of civil offenses which the board commission will agree to compromise and settle

1without a formal investigation upon payment of specified amounts by the alleged
2offender. The board commission may authorize the commission administrator of the
3ethics and accountability division
to compromise and settle such alleged offenses in
4the name of the board commission if the alleged offenses by an offender, in the
5aggregate, do not involve payment of more than $1,000 $2,500.
AB388,23 6Section 23. 5.05 (2m) (c) 13. of the statutes is amended to read:
AB388,14,167 5.05 (2m) (c) 13. If a special investigator or the commission administrator of
8the ethics and accountability division
, in the course of an investigation authorized
9by the board commission, discovers evidence that a violation under subd. 2. that was
10not within the scope of the authorized investigation has occurred or is occurring, the
11special investigator or the administrator may present that evidence to the board
12commission. If the board commission finds that there is a reasonable suspicion that
13a violation under subd. 2. that is not within the scope of the authorized investigation
14has occurred or is occurring, the board commission may authorize the special
15investigator or the administrator to investigate the alleged violation or may elect to
16authorize a separate investigation of the alleged violation as provided in subd. 4.
AB388,24 17Section 24. 5.05 (2m) (c) 14. of the statutes is amended to read:
AB388,15,218 5.05 (2m) (c) 14. If a special investigator or the commission administrator of
19the ethics and
accountability division of the board, in the course of an investigation
20authorized by the board commission, discovers evidence of a potential violation of a
21law that is not administered by the board commission arising from or in relation to
22the official functions of the subject of the investigation or any matter that involves
23elections, ethics, or lobbying regulation, the special investigator or the administrator
24may present that evidence to the board commission. The board commission may
25thereupon refer the matter to the appropriate district attorney specified in subd. 11.

1or may refer the matter to the attorney general. The attorney general may then
2commence a civil or criminal prosecution relating to the matter.
AB388,25 3Section 25. 5.05 (2m) (d) 1. of the statutes is amended to read:
AB388,15,74 5.05 (2m) (d) 1. No individual who serves as the legal counsel to the board or
5as a division
commission administrator for the board may have been a lobbyist, as
6defined in s. 13.62 (11). No such individual may have served in a partisan state or
7local office.
AB388,26 8Section 26. 5.05 (2m) (g) of the statutes is repealed.
AB388,27 9Section 27. 5.05 (2m) (h) of the statutes is amended to read:
AB388,15,1610 5.05 (2m) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or
1112, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge
12or a candidate for either such office, the action shall be brought by the board
13commission. If the defendant in an action for a civil violation of chs. 5 to 10 or 12,
14subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
15that office, the board commission may appoint special counsel to bring suit on behalf
16of the state.
AB388,28 17Section 28. 5.05 (2m) (i) of the statutes is amended to read:
AB388,15,2418 5.05 (2m) (i) If the defendant in an action for a criminal violation of chs. 5 to
1910 or 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit
20judge or a candidate for either such office, the action shall be brought by the attorney
21general. If the defendant in an action for a criminal violation of chs. 5 to 10 or 12,
22subch. III of ch. 13, or subch. III of ch. 19
is the attorney general or a candidate for
23that office, the board commission may appoint a special prosecutor to conduct the
24prosecution on behalf of the state.
AB388,29 25Section 29. 5.05 (2m) (k) of the statutes is created to read:
AB388,16,3
15.05 (2m) (k) The commission's power to initiate civil actions under this
2subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for
3alleged civil violations of chs. 5 to 10 or 12.
AB388,30 4Section 30. 5.05 (2q) of the statutes is created to read:
AB388,16,255 5.05 (2q) Supplemental funding for ongoing investigations. The commission
6may request supplemental funds to be credited to the appropriation account under
7s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated
8under sub. (2m). A request under this subsection shall be filed with the secretary of
9administration and the cochairpersons of the joint committee on finance in writing
10and shall contain a statement of the action requested, the purposes therefor, the
11statutory provision authorizing or directing the performance of the action, and
12information about the nature of the investigation for which the commission seeks
13supplemental funds, excluding the name of any individual or organization that is the
14subject of the investigation. If the cochairpersons of the joint committee on finance
15do not notify the secretary of administration that the committee has scheduled a
16meeting for the purpose of reviewing the request within 14 working days after the
17commission filed the request, the secretary shall supplement the appropriation
18under s. 20.510 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
19not to exceed the amount the commission requested. If, within 14 working days after
20the commission filed the request, the cochairpersons of the joint committee on
21finance notify the secretary that the committee has scheduled a meeting for the
22purpose of reviewing the commission's request under this subsection, the secretary
23may supplement the appropriation under s. 20.510 (1) (be) only with the committee's
24approval. The committee and the secretary shall notify the commission of all their
25actions taken under this subsection.
AB388,31
1Section 31. 5.05 (2s) of the statutes is repealed.
AB388,32 2Section 32. 5.05 (2w) of the statutes is amended to read:
AB388,17,63 5.05 (2w) Elections Division commission. The elections division commission
4has the responsibility for the administration of chs. 5 to 10 and 12. The commission
5administrator may designate a commission employee to serve as the commission's
6legal counsel.
AB388,33 7Section 33. 5.05 (3d) of the statutes is created to read:
AB388,17,148 5.05 (3d) Administrator. The commission shall appoint an administrator in
9the manner provided under s. 15.61 (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 a commission
12employee to serve as the commission's legal counsel. The administrator shall
13perform such duties as the commission assigns to him or her in the administration
14of chs. 5 to 10 and 12.
AB388,34 15Section 34. 5.05 (3g) of the statutes is amended to read:
AB388,17,1716 5.05 (3g) Chief election officer. The board commission administrator shall
17designate an employee of the board to serve as the chief election officer of this state.
AB388,35 18Section 35. 5.05 (5e) of the statutes is amended to read:
AB388,18,819 5.05 (5e) Biennial Annual report. The board commission shall include in its
20biennial
submit an annual report under s. 15.04 (1) (d) and shall include in its annual
21report
the names and duties of all individuals employed by the board commission and
22a summary of its determinations and advisory opinions issued under sub. (6a).
23Except as authorized or required under sub. (5s) (f) 2., the board commission shall
24make sufficient alterations in the summaries to prevent disclosing the identities of
25individuals or organizations involved in the decisions or opinions. The board may

1also include in its biennial report any information compiled under s. 11.21 (7)
The
2commission shall identify in its report the statutory duties of the commission
3administrator, together with a description of the manner in which those duties are
4being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also
5specify in its report the total number of investigations conducted by the commission
6since the last annual report and a description of the nature of each investigation
. The
7board commission shall make such further reports on the matters within its
8jurisdiction and such recommendations for further legislation as it deems desirable.
AB388,36 9Section 36. 5.05 (5s) (intro.) of the statutes is amended to read:
AB388,18,1410 5.05 (5s) Access to records. (intro.) Records obtained or prepared by the board
11commission in connection with an investigation, including the full text of any
12complaint received by the board commission, are not subject to the right of inspection
13and copying under s. 19.35 (1), except as provided in pars. (d) and (e) and except that
14follows:
AB388,37 15Section 37. 5.05 (5s) (am) of the statutes is created to read:
AB388,18,1816 5.05 (5s) (am) The commission shall provide to the joint committee on finance
17records obtained or prepared by the commission in connection with an ongoing
18investigation when required under sub. (2q).
AB388,38 19Section 38. 5.05 (5s) (b) of the statutes is amended to read:
AB388,18,2220 5.05 (5s) (b) Investigatory records of the board commission may be made public
21in the course of a prosecution initiated under chs. 5 to 10 or 12, subch. III of ch. 13,
22or subch. III of ch. 19
.
AB388,39 23Section 39. 5.05 (5s) (bm) of the statutes, as created by 2015 Wisconsin Act 2,
24is amended to read:
AB388,19,3
15.05 (5s) (bm) The board commission shall provide investigatory records to the
2state auditor and the employees of the legislative audit bureau to the extent
3necessary for the bureau to carry out its duties under s. 13.94.
AB388,40 4Section 40. 5.05 (5s) (d) of the statutes is amended to read:
AB388,19,115 5.05 (5s) (d) If the board commission commences a civil prosecution of a person
6for an alleged violation of chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch.
719
as the result of an investigation, the person who is the subject of the investigation
8may authorize the board commission to make available for inspection and copying
9under s. 19.35 (1) records of the investigation pertaining to that person if the records
10are available by law to the subject person and the board commission shall then make
11those records available.
AB388,41 12Section 41. 5.05 (5s) (f) 2. a. and b. of the statutes are consolidated,
13renumbered 5.05 (5s) (f) 2. a. and amended to read:
AB388,19,2214 5.05 (5s) (f) 2. a. The board commission may make records obtained in
15connection with an informal advisory opinion
under subd. 1. public with the consent
16of the individual requesting the informal advisory opinion or the organization or
17governmental body on whose behalf it is requested. b. A person who makes or
18purports to make public the substance of or any portion of an informal advisory
19opinion requested by or on behalf of the person is deemed to have waived the
20confidentiality of the request for an informal advisory opinion and of any records
21obtained or prepared by the board commission in connection with the request for an
22informal advisory opinion.
AB388,42 23Section 42. 5.05 (5s) (f) 2. c. of the statutes is amended to read:
AB388,20,324 5.05 (5s) (f) 2. c. The board commission shall make public formal and informal
25advisory opinions and records obtained in connection with requests for formal or

1informal
advisory opinions relating to matters under the jurisdiction of the elections
2division
commission, including the identity of individuals requesting such opinions
3or organizations or governmental bodies on whose behalf they are requested
.
AB388,43 4Section 43. 5.05 (5t) of the statutes is created to read:
AB388,20,105 5.05 (5t) Guidance following binding court decisions. Within 2 months
6following the publication of a decision of a state or federal court that is binding on
7the commission and this state, the commission shall issue updated guidance or
8formal advisory opinions, commence the rule-making procedure to revise
9administrative rules promulgated by the commission, or request an opinion from the
10attorney general on the applicability of the court decision.
AB388,44 11Section 44. 5.05 (6a) of the statutes is renumbered 5.05 (6a) (a) 1. and
12amended to read:
AB388,21,413 5.05 (6a) (a) 1. Any individual, either personally or on behalf of an organization
14or governmental body, may make a written or electronic request of the board
15commission in writing, electronically, or by telephone for an a formal or informal
16advisory opinion regarding the propriety under chs. 5 to 10 or 12, subch. III of ch. 13,
17or subch. III of ch. 19
of any matter to which the person is or may become a party;
18and any
. Any appointing officer, with the consent of a prospective appointee, may
19request of the board an commission a formal or informal advisory opinion regarding
20the propriety under chs. 5 to 10 or 12, subch. III of ch. 13, or subch. III of ch. 19 of
21any matter to which the prospective appointee is or may become a party. The board
22commission shall review a request for an advisory opinion and may issue a formal
23or informal written or electronic advisory opinion to the person making the request.
24Except as authorized or required for opinions specified in sub. (5s) (f) 2., the board's
25commission's deliberations and actions upon such requests shall be in meetings not

1open to the public. No person acting in good faith upon an advisory opinion issued
2by the board is subject to criminal or civil prosecution for so acting, if the material
3facts are as stated in the opinion request
A member of the commission may, by
4written request, require the commission to review an advisory opinion
.
AB388,21,11 52. To have legal force and effect, each formal and informal advisory opinion
6issued by the board commission must be supported by specific legal authority under
7a statute or other law, or by specific case or common law authority. Each formal and
8informal
advisory opinion shall include a citation to each statute or other law and
9each case or common law authority upon which the opinion is based, and shall
10specifically articulate or explain which parts of the cited authority are relevant to the
11board's commission's conclusion and why they are relevant.
AB388,21,17 12(b) 1. The board commission may authorize its legal counsel the commission
13administrator or his or her designee
to issue an informal written advisory opinion
14or to transmit an informal advisory opinion electronically on behalf of the board
15commission, subject to such limitations as the board commission deems appropriate.
16Every informal advisory opinion shall be consistent with applicable formal advisory
17opinions issued by the board. commission, statute or other law, and case law.
AB388,22,4 18(a) 4. At each regular meeting of the commission, the administrator shall
19review informal advisory opinions requested of and issued by the administrator and
20that relate to recurring issues or issues of first impression for which no formal
21advisory opinion has been issued. The commission may determine to issue a formal
22advisory opinion adopting or modifying the informal advisory opinion.
If the board
23commission disagrees with an a formal or informal advisory opinion that has been
24issued by or on behalf of the board commission, the board commission may withdraw
25the opinion or, issue a revised formal or informal advisory opinion and no, or request

1an opinion from the attorney general. No
person acting after the date of the
2withdrawal or issuance of the revised advisory opinion is exempted from prosecution
3under this subsection if the opinion upon which the person's action is based has been
4withdrawn or revised in relevant degree.
AB388,22,8 5(a) 5. Except as authorized or required under sub. (5s) (f) 2., no member or
6employee of the board commission may make public the identity of the individual
7requesting a formal or informal advisory opinion or of individuals or organizations
8mentioned in the opinion.
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