19.49(2)(e)1.
1. To require any person to submit in writing such reports and answers to questions relevant to the proceedings as the commission may prescribe, such submission to be made within such period and under oath or otherwise as the commission may determine.
19.49(2)(e)2.
2. To order testimony to be taken by deposition before any individual who is designated by the commission and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by sub.
(1) (a).
19.49(2)(e)3.
3. To pay witnesses the same fees and mileage as are paid in like circumstances by the courts of this state.
19.49(2)(e)4.
4. To request and obtain from the department of revenue copies of state income or franchise tax returns and access to other appropriate information under s.
71.78 (4) regarding all persons who are the subject of such investigation.
19.49(2)(f)1.1. Except as provided in subd.
2., no action may be taken on any complaint that is filed later than 3 years after a violation of ch.
11, subch.
III of ch. 13, or this subchapter is alleged to have occurred.
19.49(2)(g)
(g) If the defendant in an action for a civil violation of ch.
11, subch.
III of ch. 13, or this subchapter is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the commission. If the defendant in an action for a civil violation of ch.
11, subch.
III of ch. 13, or this subchapter is the attorney general or a candidate for that office, the commission may appoint special counsel to bring suit on behalf of the state.
19.49(2)(h)
(h) If the defendant in an action for a criminal violation of ch.
11, subch.
III of ch. 13, or this subchapter is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the attorney general. If the defendant in an action for a criminal violation of ch.
11, subch.
III of ch. 13, or this subchapter is the attorney general or a candidate for that office, the commission may appoint a special prosecutor to conduct the prosecution on behalf of the state.
19.49(2)(i)
(i) Any special counsel or prosecutor who is appointed under par.
(g) or
(h) shall be independent of the attorney general and need not be a state employee at the time of his or her appointment.
19.49(2)(j)
(j) The commission's power to initiate civil actions under this subsection for the enforcement of ch.
11, subch.
III of ch. 13, or this subchapter shall be the exclusive remedy for alleged civil violations of ch.
11, subch.
III of ch. 13, or this subchapter.
19.49(2g)
(2g)
Auditing. In addition to the facial examination of reports and statements required under s.
11.1304 (9), the commission shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of ch.
11 have occurred. The commission may examine records relating to matters required to be treated in such reports and statements. The commission shall make official note in the file of a committee, as defined in s.
11.0101 (6), of any error or other discrepancy which the commission discovers and shall inform the person submitting the report or statement. The commission may not audit reports, statements, or records beyond the 3-year period for which a committee must retain records under ch.
11.
19.49(2q)
(2q)
Supplemental funding for ongoing investigations. The commission may request supplemental funds to be credited to the appropriation account under s.
20.521 (1) (be) for the purpose of continuing an ongoing investigation initiated under sub.
(2). A request under this subsection shall be filed with the secretary of administration and the cochairpersons of the joint committee on finance in writing and shall contain a statement of the action requested, the purposes therefor, the statutory provision authorizing or directing the performance of the action, and information about the nature of the investigation for which the commission seeks supplemental funds, excluding the name of any individual or organization that is the subject of the investigation. If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the commission filed the request, the secretary shall supplement the appropriation under s.
20.521 (1) (be) from the appropriation under s.
20.505 (1) (d) in an amount not to exceed the amount the commission requested. If, within 14 working days after the commission filed the request, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the commission's request under this subsection, the secretary may supplement the appropriation under s.
20.521 (1) (be) only with the committee's approval. The committee and the secretary shall notify the commission of all their actions taken under this subsection.
19.49 History
History: 2015 a. 117 s.
2;
2015 a. 118 ss.
12,
15,
195;
2017 a. 366.
19.50
19.50
Unauthorized release of records or information. 19.50(1)(1)
Except as specifically authorized by law and except as provided in sub.
(2), no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission may disclose information related to an investigation or prosecution under ch.
11, subch.
III of ch. 13, or this subchapter or any other law specified in s.
978.05 (1) or
(2) or provide access to any record of the investigator, prosecutor, or the commission that is not subject to access under s.
19.55 (3) to any person other than an employee or agent of the prosecutor or investigator or a member, employee, or agent of the commission prior to presenting the information or record in a court of law.
19.50(2)
(2) This section does not apply to any of the following communications made by an investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission:
19.50(2)(a)
(a) Communications made in the normal course of an investigation or prosecution.
19.50(2)(b)
(b) Communications with a local, state, or federal law enforcement or prosecutorial authority.
19.50(2)(c)
(c) Communications made to the attorney of an investigator, prosecutor, employee, or member of the commission or to a person or the attorney of a person who is investigated or prosecuted by the commission.
19.50 History
History: 2015 a. 118.
19.55
19.55
Public inspection of records. 19.55(1)(1)
Except as provided in subs.
(2) to
(4), all records under ch.
11, this subchapter, or subch.
III of ch. 13 in the possession of the commission are open to public inspection at all reasonable times. The commission shall require an individual wishing to examine a statement of economic interests or the list of persons who inspect any statements which are in the commission's possession to provide his or her full name and address, and if the individual is representing another person, the full name and address of the person which he or she represents. Such identification may be provided in writing or in person. The commission shall record and retain for at least 3 years information obtained by it pursuant to this subsection. No individual may use a fictitious name or address or fail to identify a principal in making any request for inspection.
19.55(2)
(2) The following records in the commission's possession are not open for public inspection:
19.55(2)(c)
(c) Statements of economic interests and reports of economic transactions which are filed with the commission by members or employees of the investment board, except that the commission shall refer statements and reports filed by such individuals to the legislative audit bureau for its review, and except that a statement of economic interests filed by a member or employee of the investment board who is also an official required to file shall be open to public inspection.
19.55(2)(d)
(d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s.
13.63 or who registers as a principal under s.
13.64, except to the department of children and families for purposes of administration of s.
49.22, to the department of revenue for purposes of administration of s.
73.0301, and to the department of workforce development for purposes of administration of s.
108.227.
19.55(2)(dm)
(dm) Records of the address of the primary residence of any individual who files an application for licensure as a lobbyist under s.
13.63.
19.55(3)
(3) Records obtained or prepared by the commission in connection with an investigation, including the full text of any complaint received by the commission, are not subject to the right of inspection and copying under s.
19.35 (1), except as follows:
19.55(3)(a)
(a) The commission shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the commission in open session.
19.55(3)(am)
(am) The commission shall provide to the joint committee on finance records obtained or prepared by the commission in connection with an ongoing investigation when required under s.
19.49 (2q).
19.55(3)(b)
(b) Investigatory records of the commission may be made public in the course of a prosecution initiated under ch.
11, subch.
III of ch. 13, or this subchapter.
19.55(3)(bm)
(bm) The commission shall provide investigatory records to the state auditor and the employees of the legislative audit bureau to the extent necessary for the bureau to carry out its duties under s.
13.94.
19.55(3)(c)
(c) The commission shall provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s.
49.22 (2m) by the department of children and families or by a county child support agency under s.
59.53 (5).
19.55(3)(d)
(d) If the commission commences a civil prosecution of a person for an alleged violation of ch.
11, subch.
III of ch. 13, or this subchapter as the result of an investigation, the person who is the subject of the investigation may authorize the commission to make available for inspection and copying under s.
19.35 (1) records of the investigation pertaining to that person if the records are available by law to the subject person and the commission shall then make those records available.
19.55(3)(e)
(e) The following records of the commission are open to public inspection and copying under s.
19.35 (1):
19.55(3)(e)2.
2. Any record of the action of the commission referring a matter to a district attorney or other prosecutor for investigation or prosecution.
19.55(3)(e)3.
3. Any record containing a finding that a complaint does not raise a reasonable suspicion that a violation of the law has occurred.
19.55(3)(e)4.
4. Any record containing a finding, following an investigation, that no probable cause exists to believe that a violation of the law has occurred.
19.55(4)(a)(a) Except as authorized or required under par.
(b), records obtained in connection with a request for an advisory opinion issued under s.
19.46 (2), other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested, are not subject to the right of inspection and copying under s.
19.35 (1). Except as authorized or required under par.
(b), the commission shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the opinions.
19.55(4)(b)
(b) The commission may make records obtained in connection with an informal advisory opinion under par.
(a) public with the consent of the individual requesting the informal advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an informal advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an informal advisory opinion and of any records obtained or prepared by the commission in connection with the request for an informal advisory opinion.
19.55(4)(c)
(c) Within 30 days after completing an investigation related to and the preparation of a formal advisory opinion on a matter under the jurisdiction of the commission, the commission shall make public the formal advisory opinion and records obtained in connection with the request for the formal advisory opinion, replacing the identity of any organization or governmental body on whose behalf the formal opinion is requested with generic, descriptive terms. The commission shall redact information related to the identity of any natural person making the request.
19.55 Annotation
The extent of confidentiality of investment board nominees' statements of economic interests rests in the sound discretion of the senate committee to which the nomination is referred. 68 Atty. Gen. 378.
19.552
19.552
Action to compel compliance. Whenever a violation of the laws regulating campaign financing occurs or is proposed to occur, the attorney general or the district attorney of the county where the violation occurs or is proposed to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable relief as may be appropriate to compel compliance with the law. No bond is required in such actions.
19.552 History
History: 2015 a. 118.
19.554
19.554
Petition for enforcement. In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating campaign financing or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s.
978.05 (1) and
(2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.
19.554 History
History: 2015 a. 118.
19.56
19.56
Honorariums, fees and expenses. 19.56(1)(1)
Every state public official is encouraged to meet with clubs, conventions, special interest groups, political groups, school groups and other gatherings to discuss and to interpret legislative, administrative, executive or judicial processes and proposals and issues initiated by or affecting a department or the judicial branch.
19.56(2)(a)(a) Except as provided in par.
(b), every official required to file who receives for a published work or for the presentation of a talk or participation in a meeting, any lodging, transportation, money or other thing with a combined pecuniary value exceeding $50 excluding the value of food or beverage offered coincidentally with a talk or meeting shall, on his or her statement of economic interests, report the identity of every person from whom the official receives such lodging, transportation, money or other thing during his or her preceding taxable year, the circumstances under which it was received and the approximate value thereof.
19.56(2)(b)
(b) An official need not report on his or her statement of economic interests under par.
(a) information pertaining to any lodging, transportation, money or other thing of pecuniary value which:
19.56(2)(b)1.
1. The official returns to the payor within 30 days of receipt;
19.56(2)(b)2.
2. Is paid to the official by a person identified on the official's statement of economic interests under s.
19.44 (1) (e) or
(f) as a source of income;
19.56(2)(b)3.
3. The official can show by clear and convincing evidence was unrelated to and did not arise from the recipient's holding or having held a public office and was made for a purpose unrelated to the purposes specified in sub.
(1);
19.56(2)(b)4.
4. The official has previously reported to the commission as a matter of public record;
19.56(2)(b)5.
5. Is paid by the department or municipality of which the official's state public office is a part, or, in the case of a district attorney, is paid by that department or a county which the district attorney serves, or, in the case of a justice or judge of a court of record, is paid from the appropriations for operation of the state court system; or
19.56(2)(b)6.
6. Is made available to the official by the Wisconsin Economic Development Corporation or the department of tourism in accordance with sub.
(3) (e),
(em) or
(f).
19.56(3)(a)
(a) A state public official may receive and retain reimbursement or payment of actual and reasonable expenses and an elected official may retain reasonable compensation, for a published work or for the presentation of a talk or participation in a meeting related to a topic specified in sub.
(1) if the payment or reimbursement is paid or arranged by the organizer of the event or the publisher of the work.
19.56(3)(b)
(b) A state public official may receive and retain anything of value if the activity or occasion for which it is given is unrelated to the official's use of the state's time, facilities, services or supplies not generally available to all citizens of this state and the official can show by clear and convincing evidence that the payment or reimbursement was unrelated to and did not arise from the recipient's holding or having held a public office and was paid for a purpose unrelated to the purposes specified in sub.
(1).
19.56(3)(bm)
(bm) A state public official may attend a meeting with clubs, conventions, special interest groups, political groups, school groups, and other gatherings, without paying admission costs, to discuss and to interpret legislative, administrative, executive, or judicial processes and proposals and issues initiated by or affecting the state legislature, state government, a department, or the judicial branch. A state public official may not receive food, beverages, or other items included in the cost of admission unless the official pays the event organizer, including a principal or lobbyist, for the actual cost of the food, beverages, or items.
19.56(3)(c)
(c) A state public official may receive and retain from the state or on behalf of the state transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of actual and reasonable costs that the official can show by clear and convincing evidence were incurred or received on behalf of the state of Wisconsin and primarily for the benefit of the state and not primarily for the private benefit of the official or any other person.
19.56(3)(d)
(d) A state public official may receive and retain from a political committee under ch.
11 transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of costs permitted and reported in accordance with ch.
11.
19.56(3)(e)
(e) A state public official who is an officer or employee of the Wisconsin Economic Development Corporation may solicit, receive and retain on behalf of the state anything of value for the purpose of any of the following:
19.56(3)(e)1.
1. The sponsorship by the Wisconsin Economic Development Corporation of a trip to a foreign country primarily to promote trade between that country and this state that the Wisconsin Economic Development Corporation can demonstrate through clear and convincing evidence is primarily for the benefit of this state.
19.56(3)(e)2.
2. Hosting individuals in order to promote business, economic development, tourism or conferences sponsored by multistate, national or international associations of governments or governmental officials.
19.56(3)(em)
(em) A state public official who is an officer or employee of the department of tourism may solicit, receive and retain on behalf of the state anything of value for the purpose of hosting individuals in order to promote tourism.
19.56(3)(f)
(f) A state public official or a local public official may receive and retain from the Wisconsin Economic Development Corporation anything of value which the Wisconsin Economic Development Corporation is authorized to provide under par.
(e) and may receive and retain from the department of tourism anything of value which the department of tourism is authorized to provide under par.
(em).
19.56(3)(g)
(g) A state public official who is a member of the Wisconsin commission for the U.S. semiquincentennial commission may solicit, receive, and retain on behalf of the state anything of value for the purposes specified under s.
45.13.
19.56(4)
(4) If a state public official receives a payment not authorized by this subchapter, in cash or otherwise, for a published work or a talk or meeting, the official may not retain it. If practicable, the official shall deposit it with the department or municipality with which he or she is associated or, in the case of a justice or judge of a court of record, with the director of state courts. If that is not practicable, the official shall return it or its equivalent to the payor or convey it to the state or to a charitable organization other than one with which he or she is associated.
19.56 Annotation
Discussing the interaction of this section with the prohibition against furnishing anything of pecuniary value to state officials under s. 13.625.
80 Atty. Gen. 205.
19.57
19.57
Conferences, visits and economic development activities. The Wisconsin Economic Development Corporation shall file a report with the commission no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation during the preceding calendar year for a purpose specified in s.
19.56 (3) (e), and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
19.575
19.575
Tourism activities. The department of tourism shall file a report with the commission no later than April 30 annually, specifying the source and amount of anything of value received by the department of tourism during the preceding calendar year for a purpose specified in s.
19.56 (3) (em) and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
19.575 History
History: 1995 a. 27;
2015 a. 118 s.
266 (10).
19.579
19.579
Civil penalties. 19.579(1)(1)
Except as provided in sub.
(2), any person who violates this subchapter may be required to forfeit not more than $500 for each violation of s.
19.43,
19.44, or
19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the court determines that a state public official has violated s.
19.45 (13), the court may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the court determines that a state public official has violated s.
19.45 (13) and no political contribution, service, or other thing of value was obtained, the court may order the official to forfeit an amount equal to the maximum contribution authorized under s.
11.1101 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the commission, shall institute proceedings to recover any forfeiture incurred under this section which is not paid by the person against whom it is assessed.
19.579(2)
(2) Any person who violates s.
19.45 (13) may be required to forfeit not more than $5,000.
19.58
19.58
Criminal penalties. 19.58(1)(a)
(a) Any person who intentionally violates any provision of this subchapter except s.
19.45 (13) or
19.59 (1) (br), or a code of ethics adopted or established under s.
19.45 (11) (a) or
(b), shall be fined not less than $100 nor more than $5,000 or imprisoned not more than one year in the county jail or both.
19.58(2)
(2) The penalties under sub.
(1) do not limit the power of either house of the legislature to discipline its own members or to impeach a public official, or limit the power of a department to discipline its state public officials or employees.
19.58(3)
(3) In this section “intentionally" has the meaning given under s.
939.23.
