SB294,86,163 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.
SB294,86,2517 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.
SB294,87,3
115. The commission is not authorized to act under subd. 13. or 14. if a special
2prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in
3subd. 9.
SB294,87,114 16. Whenever the commission refers a matter to special counsel or to a district
5attorney or to the attorney general under this subsection, the special counsel, district
6attorney, or attorney general shall report to the commission concerning any action
7taken regarding the matter. The report shall be transmitted no later than 40 days
8after the date of the referral. If the matter is not disposed of during that period, the
9special counsel, district attorney, or attorney general shall file a subsequent report
10at the end of each 30-day period following the filing of the initial report until final
11disposition of the matter.
SB294,87,1412 (c) 1. No individual who serves as the administrator may have been a lobbyist,
13as defined in s. 13.62 (11). No such individual may have served in a partisan state
14or local office.
SB294,87,2115 2. No employee of the commission, while so employed, may become a candidate,
16as defined in s. 11.01 (1), for a state or partisan local office. No individual who is
17retained by the commission to serve as a special investigator or as special counsel
18may, while so retained, become a candidate, as defined in s. 11.01 (1), for any state
19or local office. A filing officer shall decline to accept nomination papers or a
20declaration of candidacy from any individual who does not qualify to become a
21candidate under this paragraph.
SB294,88,422 (d) No individual who serves as an employee of the commission and no
23individual who is retained by the commission to serve as a special investigator or a
24special counsel may, while so employed or retained, make a contribution, as defined
25in s. 11.01 (6), to a candidate for state or local office. No individual who serves as an

1employee of the commission and no individual who is retained by the commission to
2serve as a special investigator or as special counsel, for 12 months prior to becoming
3so employed or retained, may have made a contribution, as defined in s. 11.01 (6), to
4a candidate for a partisan state or local office.
SB294,88,65 (e) Pursuant to any investigation authorized under par. (b), the commission has
6the power:
SB294,88,107 1. To require any person to submit in writing such reports and answers to
8questions relevant to the proceedings as the commission may prescribe, such
9submission to be made within such period and under oath or otherwise as the
10commission may determine.
SB294,88,1411 2. To order testimony to be taken by deposition before any individual who is
12designated by the commission and has the power to administer oaths, and, in such
13instances, to compel testimony and the production of evidence in the same manner
14as authorized by sub. (1) (a).
SB294,88,1615 3. To pay witnesses the same fees and mileage as are paid in like circumstances
16by the courts of this state.
SB294,88,1917 4. To request and obtain from the department of revenue copies of state income
18or franchise tax returns and access to other appropriate information under s. 71.78
19(4) regarding all persons who are the subject of such investigation.
SB294,88,2220 (f) 1. Except as provided in subd. 2., no action may be taken on any complaint
21that is filed later than 3 years after a violation of ch. 11, subch. III of ch. 13, or this
22subchapter is alleged to have occurred.
SB294,88,2523 2. The period of limitation under subd. 1. is tolled for a complaint alleging a
24violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint
25may not be filed under sub. (1m) or s. 19.59 (8) (cm).
SB294,89,6
1(g) If the defendant in an action for a civil violation of ch. 11, subch. III of ch.
213, or this subchapter is a district attorney or a circuit judge or a candidate for either
3such office, the action shall be brought by the commission. If the defendant in an
4action for a civil violation of ch. 11, subch. III of ch. 13, or this subchapter is the
5attorney general or a candidate for that office, the commission may appoint special
6counsel to bring suit on behalf of the state.
SB294,89,127 (h) If the defendant in an action for a criminal violation of ch. 11, subch. III of
8ch. 13, or this subchapter is a district attorney or a circuit judge or a candidate for
9either such office, the action shall be brought by the attorney general. If the
10defendant in an action for a criminal violation of ch. 11, subch. III of ch. 13, or this
11subchapter is the attorney general or a candidate for that office, the commission may
12appoint a special prosecutor to conduct the prosecution on behalf of the state.
SB294,89,1513 (i) Any special counsel or prosecutor who is appointed under par. (g) or (h) shall
14be independent of the attorney general and need not be a state employee at the time
15of his or her appointment.
SB294,89,1816 (j) The commission's power to initiate civil actions under this subsection for the
17enforcement of ch. 11, subch. III of ch. 13, or this subchapter shall be the exclusive
18remedy for alleged civil violations of ch. 11, subch. III of ch. 13, or this subchapter.
SB294,90,14 19(2q) Supplemental funding for ongoing investigations. The commission may
20request supplemental funds to be credited to the appropriation account under s.
2120.521 (1) (be) for the purpose of continuing an ongoing investigation initiated under
22sub. (2). A request under this subsection shall be filed with the secretary of
23administration and the cochairpersons of the joint committee on finance in writing
24and shall contain a statement of the action requested, the purposes therefor, the
25statutory provision authorizing or directing the performance of the action, and

1information about the nature of the investigation for which the commission seeks
2supplemental funds, excluding the name of any individual or organization that is the
3subject of the investigation. If the cochairpersons of the joint committee on finance
4do not notify the secretary of administration that the committee has scheduled a
5meeting for the purpose of reviewing the request within 14 working days after the
6commission filed the request, the secretary shall supplement the appropriation
7under s. 20.521 (1) (be) from the appropriation under s. 20.505 (1) (d) in an amount
8not to exceed the amount the commission requested. If, within 14 working days after
9the commission filed the request, the cochairpersons of the joint committee on
10finance notify the secretary that the committee has scheduled a meeting for the
11purpose of reviewing the commission's request under this subsection, the secretary
12may supplement the appropriation under s. 20.521 (1) (be) only with the committee's
13approval. The committee and the secretary shall notify the commission of all their
14actions taken under this subsection.
SB294,196 15Section 196. 19.50 of the statutes is created to read:
SB294,90,25 1619.50 Unauthorized release of records or information. (1) Except as
17specifically authorized by law and except as provided in sub. (2), no investigator,
18prosecutor, employee of an investigator or prosecutor, or member or employee of the
19commission may disclose information related to an investigation or prosecution
20under ch. 11, subch. III of ch. 13, or this subchapter or any other law specified in s.
21978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the
22commission that is not subject to access under s. 19.55 (3) to any person other than
23an employee or agent of the prosecutor or investigator or a member, employee, or
24agent of the commission prior to presenting the information or record in a court of
25law.
SB294,91,3
1(2) This section does not apply to any of the following communications made
2by an investigator, prosecutor, employee of an investigator or prosecutor, or member
3or employee of the commission:
SB294,91,54 (a) Communications made in the normal course of an investigation or
5prosecution.
SB294,91,76 (b) Communications with a local, state, or federal law enforcement or
7prosecutorial authority.
SB294,91,108 (c) Communications made to the attorney of an investigator, prosecutor,
9employee, or member of the commission or to a person or the attorney of a person who
10is investigated or prosecuted by the commission.
SB294,197 11Section 197. 19.55 (1) of the statutes is amended to read:
SB294,91,2312 19.55 (1) Except as provided in sub. subs. (2) and s. 5.05 (5s) to (4), all records
13under ch. 11, this subchapter, or subch. III of ch. 13 in the possession of the board
14commission are open to public inspection at all reasonable times. The board
15commission shall require an individual wishing to examine a statement of economic
16interests or the list of persons who inspect any statements which are in the board's
17commission's possession to provide his or her full name and address, and if the
18individual is representing another person, the full name and address of the person
19which he or she represents. Such identification may be provided in writing or in
20person. The board commission shall record and retain for at least 3 years
21information obtained by it pursuant to this subsection. No individual may use a
22fictitious name or address or fail to identify a principal in making any request for
23inspection.
SB294,198 24Section 198. 19.55 (2) (c) of the statutes is amended to read:
SB294,92,7
119.55 (2) (c) Statements of economic interests and reports of economic
2transactions which are filed with the government accountability board commission
3by members or employees of the investment board, except that the government
4accountability board
commission shall refer statements and reports filed by such
5individuals to the legislative audit bureau for its review, and except that a statement
6of economic interests filed by a member or employee of the investment board who is
7also an official required to file shall be open to public inspection.
SB294,199 8Section 199. 19.55 (3) of the statutes is created to read:
SB294,92,129 19.55 (3) Records obtained or prepared by the commission in connection with
10an investigation, including the full text of any complaint received by the commission,
11are not subject to the right of inspection and copying under s. 19.35 (1), except as
12follows:
SB294,92,1413 (a) The commission shall permit inspection of records that are distributed or
14discussed in the course of a meeting or hearing by the commission in open session.
SB294,92,1715 (am) The commission shall provide to the joint committee on finance records
16obtained or prepared by the commission in connection with an ongoing investigation
17when required under s. 19.49 (2q).
SB294,92,1918 (b) Investigatory records of the commission may be made public in the course
19of a prosecution initiated under ch. 11, subch. III of ch. 13, or this subchapter.
SB294,92,2220 (bm) The commission shall provide investigatory records to the state auditor
21and the employees of the legislative audit bureau to the extent necessary for the
22bureau to carry out its duties under s. 13.94.
SB294,93,223 (c) The commission shall provide information from investigation and hearing
24records that pertains to the location of individuals and assets of individuals as

1requested under s. 49.22 (2m) by the department of children and families or by a
2county child support agency under s. 59.53 (5).
SB294,93,83 (d) If the commission commences a civil prosecution of a person for an alleged
4violation of ch. 11, subch. III of ch. 13, or this subchapter as the result of an
5investigation, the person who is the subject of the investigation may authorize the
6commission to make available for inspection and copying under s. 19.35 (1) records
7of the investigation pertaining to that person if the records are available by law to
8the subject person and the commission shall then make those records available.
SB294,93,109 (e) The following records of the commission are open to public inspection and
10copying under s. 19.35 (1):
SB294,93,1211 1. Any record of the action of the commission authorizing the filing of a civil
12complaint under s. 19.49 (2) (b) 5.
SB294,93,1413 2. Any record of the action of the commission referring a matter to a district
14attorney or other prosecutor for investigation or prosecution.
SB294,93,1615 3. Any record containing a finding that a complaint does not raise a reasonable
16suspicion that a violation of the law has occurred.
SB294,93,1817 4. Any record containing a finding, following an investigation, that no probable
18cause exists to believe that a violation of the law has occurred.
SB294,200 19Section 200. 19.55 (4) of the statutes is created to read:
SB294,94,220 19.55 (4) (a) Except as authorized or required under par. (b), records obtained
21in connection with a request for an advisory opinion issued under s. 19.46 (2), other
22than summaries of advisory opinions that do not disclose the identity of individuals
23requesting such opinions or organizations on whose behalf they are requested, are
24not subject to the right of inspection and copying under s. 19.35 (1). Except as
25authorized or required under par. (b), the commission shall make sufficient

1alterations in the summaries to prevent disclosing the identities of individuals or
2organizations involved in the opinions.
SB294,94,103 (b) The commission may make records obtained in connection with an informal
4advisory opinion under par. (a) public with the consent of the individual requesting
5the informal advisory opinion or the organization or governmental body on whose
6behalf it is requested. A person who makes or purports to make public the substance
7of or any portion of an informal advisory opinion requested by or on behalf of the
8person is deemed to have waived the confidentiality of the request for an informal
9advisory opinion and of any records obtained or prepared by the commission in
10connection with the request for an informal advisory opinion.
SB294,94,1711 (c) Within 30 days after completing an investigation related to and the
12preparation of a formal advisory opinion on a matter under the jurisdiction of the
13commission, the commission shall make public the formal advisory opinion and
14records obtained in connection with the request for the formal advisory opinion,
15replacing the identity of any organization or governmental body on whose behalf the
16formal opinion is requested with generic, descriptive terms. The commission shall
17redact information related to the identity of any natural person making the request.
SB294,201 18Section 201. 19.552 of the statutes is created to read:
SB294,94,24 1919.552 Action to compel compliance. Whenever a violation of the laws
20regulating campaign financing occurs or is proposed to occur, the attorney general
21or the district attorney of the county where the violation occurs or is proposed to occur
22may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal
23or equitable relief as may be appropriate to compel compliance with the law. No bond
24is required in such actions.
SB294,202 25Section 202. 19.554 of the statutes is created to read:
SB294,95,13
119.554 Petition for enforcement. In addition to or in lieu of filing a
2complaint, any elector may file a verified petition alleging such facts as are within
3his or her knowledge to indicate that an election official has failed or is failing to
4comply with any law regulating campaign financing or proposes to act in a manner
5inconsistent with such a law, and requesting that an action be commenced for
6injunctive relief, a writ of mandamus or prohibition or other such legal or equitable
7relief as may be appropriate to compel compliance with the law. The petition shall
8be filed with the district attorney for the county having jurisdiction to prosecute the
9alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then
10commence the action or dismiss the petition. If the district attorney declines to act
11upon the petition or if the district attorney fails to act upon the petition within 15
12days of the date of filing, the petitioner may file the same petition with the attorney
13general, who may then commence the action.
SB294,203 14Section 203. 19.58 (4) of the statutes is created to read:
SB294,95,1615 19.58 (4) A person who violates s. 19.50 may be fined not more than $10,000
16or imprisoned for not more than 9 months or both.
SB294,204 17Section 204. 19.59 (1) (g) 8. of the statutes is amended to read:
SB294,96,518 19.59 (1) (g) 8. No district board member, member of a district board member's
19immediate family, nor any organization with which the district board member or a
20member of the district board member's immediate family owns or controls at least
2110% of the outstanding equity, voting rights, or outstanding indebtedness may enter
22into any contract or lease involving a payment or payments of more than $3,000
23within a 12-month period, in whole or in part derived from district funds unless the
24district board member has first made written disclosure of the nature and extent of
25such relationship or interest to the government accountability board commission

1and to the district. Any contract or lease entered into in violation of this subdivision
2may be voided by the district in an action commenced within 3 years of the date on
3which the government accountability board commission, or the district, knew or
4should have known that a violation of this subdivision had occurred. This
5subdivision does not affect the application of s. 946.13.
SB294,205 6Section 205. 19.85 (1) (h) of the statutes is amended to read:
SB294,96,107 19.85 (1) (h) Consideration of requests for confidential written advice from the
8government accountability board elections commission under s. 5.05 (6a) or the
9ethics commission under s. 19.46 (2)
, or from any county or municipal ethics board
10under s. 19.59 (5).
SB294,206 11Section 206. 19.851 (title) of the statutes is amended to read:
SB294,96,13 1219.851 (title) Closed sessions by government accountability board
13ethics or elections commission.
SB294,207 14Section 207. 19.851 of the statutes is renumbered 19.851 (2) and amended to
15read:
SB294,96,1916 19.851 (2) The government accountability board commission shall hold each
17meeting of the board commission for the purpose of deliberating concerning an
18investigation of any violation of the law under the jurisdiction of the ethics and
19accountability division of the board
commission in closed session under this section.
SB294,97,4 20(1) Prior to convening under this section or under s. 19.85 (1), the government
21accountability board
ethics commission and the elections commission shall vote to
22convene in closed session in the manner provided in s. 19.85 (1). The ethics
23commission shall identify the specific reason or reasons under sub. (2) and s. 19.85
24(1) (a) to (h) for convening in closed session. The elections commission shall identify
25the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed

1session.
No business may be conducted by the government accountability board
2ethics commission or the elections commission at any closed session under this
3section except that which relates to the purposes of the session as authorized in this
4section or as authorized in s. 19.85 (1).
SB294,208 5Section 208. 20.005 (3) (schedule) of the statutes: at the appropriate place,
6insert the following amounts for the purposes indicated: - See PDF for table PDF
SB294,209 1Section 209. 20.505 (1) (d) of the statutes is amended to read:
SB294,98,72 20.505 (1) (d) Special counsel. A sum sufficient, subject to s. 5.05 (2q), for
3supplementing the appropriation under s. 20.510 (1) (be) for ongoing investigations;
4subject to s. 19.49 (2q), for supplementing the appropriation under s. 20.521 (1) (be)
5for ongoing investigations; and,
subject to the procedures established in ss. 5.05 (2m)
6(c) and
s. 14.11 (2) (c), for the compensation of special counsel appointed as provided
7in ss. 5.05 (2m) (c), 14.11 (2), and 321.42.
SB294,210 8Section 210. 20.510 (intro.) and (1) (title) of the statutes are created to read:
SB294,98,11 920.510 Elections commission. (intro.) There is appropriated from the
10general fund, except where otherwise indicated, to the elections commission for the
11following programs:
SB294,98,12 12(1) (title) Administration of elections.
SB294,211 13Section 211. 20.510 (1) (br) of the statutes is created to read:
SB294,98,1514 20.510 (1) (br) Special counsel. The amounts in the schedule for the
15compensation of special counsel appointed as provided in s. 5.05 (2m) (c) 6.
SB294,212 16Section 212. 20.511 (intro.) and (1) (title) of the statutes are repealed.
SB294,213 17Section 213. 20.511 (1) (a) of the statutes is renumbered 20.510 (1) (a) and
18amended to read:
SB294,99,5
120.510 (1) (a) General program operations; general purpose revenue.
2Biennially, the amounts in the schedule for general program operations of the board
3commission, including the printing of forms, materials, manuals, and election laws
4under ss. 7.08 (1) (b), (3), and (4) and 11.21 (3) and (14), and the training of election
5officials under s. 5.05 (7).
SB294,214 6Section 214. 20.511 (1) (be) of the statutes is renumbered 20.510 (1) (be) and
7amended to read:
SB294,99,118 20.510 (1) (be) Investigations. A sum sufficient The amounts in the schedule
9for the purpose of financing the costs of investigations authorized by the board
10commission of potential violations of chs. 5 to 10 and 12, subch. III of ch. 13, and
11subch. III of ch. 19
.
SB294,215 12Section 215. 20.511 (1) (bm) of the statutes is renumbered 20.510 (1) (bm).
SB294,216 13Section 216. 20.511 (1) (c) of the statutes is renumbered 20.510 (1) (c).
SB294,217 14Section 217. 20.511 (1) (d) of the statutes is renumbered 20.510 (1) (d).
SB294,218 15Section 218. 20.511 (1) (g) of the statutes is renumbered 20.510 (1) (g) and
16amended to read:
SB294,99,2217 20.510 (1) (g) Recount fees. The amounts in the schedule to be apportioned to
18the county clerks or county board of election commissioners as prescribed in s. 9.01
19(1) (ag).
All moneys received on account of recount petitions filed with it, to be
20apportioned to the county clerks or county board of election commissioners as
21prescribed in s. 9.01 (1) (ag)
the commission shall be credited to this appropriation
22account
.
SB294,219 23Section 219. 20.511 (1) (h) of the statutes is renumbered 20.510 (1) (h) and
24amended to read:
SB294,100,11
120.510 (1) (h) Materials and services. The amounts in the schedule for the costs
2of publishing documents, locating and copying records, and conducting programs
3under s. 19.48 (9) and
administrative meetings and conferences, for compiling,
4disseminating, and making available information prepared by and filed with the
5board under s. 19.48 (10) commission, and for supplies, postage, and shipping. All
6moneys received by the board commission from collections for sales of publications,
7for copies of records, for supplies, for postage, for shipping and records location fees,
8from fees assessed under s. 19.48 (9) and (10), and for charges assessed to
9participants in administrative meetings and conferences, except moneys received
10from requesters from sales of copies of the official registration list, shall be credited
11to this appropriation account.
SB294,220 12Section 220. 20.511 (1) (i) of the statutes is renumbered 20.510 (1) (e) and
13amended to read:
SB294,100,1614 20.510 (1) (e) Elections administration ; program revenue. The amounts in the
15schedule for the administration of chs. 5 to 10 and 12. All moneys received from fees
16imposed under s. 11.055 (1) shall be credited to this appropriation account.
SB294,221 17Section 221. 20.511 (1) (im) of the statutes is repealed.
SB294,222 18Section 222. 20.511 (1) (j) of the statutes is renumbered 20.521 (1) (j) and
19amended to read:
SB294,100,2420 20.521 (1) (j) Electronic filing software. The amounts in the schedule for
21providing software to be utilized for electronic filing of campaign finance reports
22under s. 11.21 (16).
All moneys received from registrants who purchase software to
23be utilized for electronic filing of campaign finance reports
under s. 11.21 (16), for the
24purpose of providing that software
shall be credited to this appropriation account.
SB294,223
1Section 223. 20.511 (1) (jm) of the statutes is renumbered 20.510 (1) (jm) and
2amended to read:
SB294,101,73 20.510 (1) (jm) Gifts and grants. The amounts in the schedule to carry out the
4purposes, not inconsistent with the law, for which gifts, grants, and bequests to the
5commission are made.
All moneys received by the board commission from gifts,
6grants, and bequests to carry out the purposes, not inconsistent with the law, for
7which made or received
shall be credited to this appropriation account.
SB294,224 8Section 224. 20.511 (1) (m) of the statutes is renumbered 20.510 (1) (m) and
9amended to read:
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