AB388,66,1813 5. Two members who formerly served as county or municipal clerks and who
14are nominated by the governor, with the advice and consent of a majority of the
15members of the senate confirmed. The legislative leadership of the 2 recognized
16political parties that received the largest number of votes for president shall prepare
17a list of not more than 3 individuals such that each recognized political party has
18prepared one list. The governor shall choose one nominee from each list.
AB388,66,2319 6. For each political party qualifying for a separate ballot under s. 5.62 (1) (b)
20or (2) whose candidate for governor received at least 10 percent of the vote in the most
21recent gubernatorial election, one member, nominated by the governor from a list of
223 individuals selected by the chief officer of that political party and with the advice
23and consent of a majority of the members of the senate confirmed.
AB388,171 24Section 171. 15.61 (5) of the statutes is created to read:
AB388,67,3
115.61 (5) (a) If a vacancy occurs for a member appointed under sub. (1) (a) 1.
2to 4., the individual responsible for making the appointment shall appoint a new
3member no later than 45 days after the date of the vacancy.
AB388,67,64 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new
5member shall be selected, nominated, and submitted to the senate for confirmation
6no later than 45 days after the date of the vacancy.
AB388,172 7Section 172. 15.62 of the statutes is created to read:
AB388,67,9 815.62 Ethics commission; creation. (1) (a) There is created an ethics
9commission consisting of the following members who shall serve for 5-year terms:
AB388,67,1010 1. One member appointed by the senate majority leader.
AB388,67,1111 2. One member appointed by the senate minority leader.
AB388,67,1212 3. One member appointed by the speaker of the assembly.
AB388,67,1313 4. One member appointed by the assembly minority leader.
AB388,67,1914 5. Two members, nominated by the governor and with the advice and consent
15of a majority of the members of the senate confirmed. The legislative leadership of
16the 2 recognized political parties that received the largest number of votes for
17president shall prepare a list of not more than 3 individuals such that each
18recognized political party has prepared one list. The governor shall choose one
19nominee from each list.
AB388,67,2420 6. For each political party qualifying for a separate ballot under s. 5.62 (1) (b)
21or (2) whose candidate for governor received at least 10 percent of the vote in the most
22recent gubernatorial election, one member, nominated by the governor from a list of
233 individuals selected by the chief officer of that political party and with the advice
24and consent of a majority of the members of the senate confirmed.
AB388,68,3
1(2) No member of the commission may hold another office or position that is
2a state public office or a local public office, as defined in s. 19.42, except the office of
3circuit judge or court of appeals judge under s. 753.075.
AB388,68,5 4(3) No member, while serving on the commission, may become a candidate, as
5defined in s. 11.01 (1), for state office or local office, as defined in s. 5.02.
AB388,68,8 6(4) No member may be a lobbyist, as defined in s. 13.62 (11), or an employee
7of a principal, as defined in s. 13.62 (12), except that a member may serve as a circuit
8judge or court of appeals judge under s. 753.075.
AB388,68,11 9(5) (a) If a vacancy occurs for a member appointed under sub. (1) (a) 1. to 4.,
10the individual responsible for making the appointment shall appoint a new member
11no later than 45 days after the date of the vacancy.
AB388,68,1412 (b) If a vacancy occurs for a member appointed under sub. (1) (a) 5. or 6., a new
13member shall be selected, nominated, and submitted to the senate for confirmation
14no later than 45 days after the date of the vacancy.
AB388,173 15Section 173. 16.753 (2) of the statutes is amended to read:
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.
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