Effective date text 12. The board may, by rule, prescribe categories of civil offenses which the board will agree to compromise and settle without a formal investigation upon payment of specified amounts by the alleged offender. The board may authorize the administrator of the ethics and accountability division to compromise and settle such alleged offenses in the name of the board if the alleged offenses by an offender, in the aggregate, do not involve payment of more than $1,000.
Effective date text 13. If a special investigator or the administrator of the ethics and accountability division, in the course of an investigation authorized by the board, discovers evidence that a violation under subd. 2. that was not within the scope of the authorized investigation has occurred or is occurring, the special investigator or the administrator may present that evidence to the board. If the board finds that there is a reasonable suspicion that a violation under subd. 2. that is not within the scope of the authorized investigation has occurred or is occurring, the board may authorize the special investigator or the administrator to investigate the alleged violation or may elect to authorize a separate investigation of the alleged violation as provided in subd. 4.
Effective date text 14. If a special investigator or the administrator of the ethics and accountability division of the board, in the course of an investigation authorized by the board, discovers evidence of a potential violation of a law that is not administered by the board arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation, the special investigator or the administrator may present that evidence to the board. The board may thereupon refer the matter to the appropriate district attorney specified in subd. 11.
Effective date text 15. Except as provided in subd. 17., if the board refers a matter to the district attorney specified in subd. 11. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the board that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the board, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the board within 60 days of the date of the board's referral, the board may refer the matter to the district attorney for another prosecutorial unit that is contiguous to the prosecutorial unit of the district attorney to whom the matter was originally referred. If there is more than one such prosecutorial unit, the chairperson of the board shall determine the district attorney to whom the matter shall be referred by publicly drawing lots at a meeting of the board. The district attorney may then commence a civil or criminal prosecution relating to the matter.
Effective date text 16. Except as provided in subd. 17., if the board refers a matter to a district attorney under subd. 15. for prosecution of a potential violation under subd. 2. or 14. and the district attorney informs the board that he or she declines to prosecute any alleged civil or criminal violation related to any matter referred to the district attorney by the board, or the district attorney fails to commence a prosecution of any civil or criminal violation related to any matter referred to the district attorney by the board within 60 days of the date of the board's referral, the board may refer the matter to the attorney general. The attorney general may then commence a civil or criminal prosecution relating to the matter.
Effective date text 17. The board is not authorized to act under subd. 15. or 16. if a special prosecutor is appointed under s. 978.045 in lieu of the district attorney specified in subd. 11.
Effective date text 18. Whenever the board refers a matter to special counsel or to a district attorney or to the attorney general under this subsection, the special counsel, district attorney, or attorney general shall report to the board concerning any action taken regarding the matter. The report shall be transmitted no later than 40 days after the date of the referral. If the matter is not disposed of during that period, the special counsel, district attorney, or attorney general shall file a subsequent report at the end of each 30-day period following the filing of the initial report until final disposition of the matter.
5.05(2m)(d)1.1. No individual who serves as the commission administrator may have been a lobbyist, as defined in s. 13.62 (11). No such individual may have served in a partisan state or local office.
Effective date note NOTE: Subd. 1. is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text 1. No individual who serves as the legal counsel to the board or as a division administrator for the board may have been a lobbyist, as defined in s. 13.62 (11). No such individual may have served in a partisan state or local office.
5.05(2m)(d)2. 2. No employee of the commission, while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state or partisan local office. No individual who is retained by the commission to serve as a special investigator or as special counsel may, while so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local office. A filing officer shall decline to accept nomination papers or a declaration of candidacy from any individual who does not qualify to become a candidate under this paragraph.
Effective date note NOTE: Subd. 2. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 2. No employee of the board, while so employed, may become a candidate, as defined in s. 11.0101 (1), for a state or partisan local office. No individual who is retained by the board to serve as a special investigator or as special counsel may, while so retained, become a candidate, as defined in s. 11.0101 (1), for any state or local office. A filing officer shall decline to accept nomination papers or a declaration of candidacy from any individual who does not qualify to become a candidate under this paragraph.
5.05(2m)(e) (e) No individual who serves as an employee of the commission and no individual who is retained by the commission to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution to a candidate for state or local office. No individual who serves as an employee of the commission and no individual who is retained by the commission to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution to a candidate for a partisan state or local office. In this paragraph, contribution has the meaning given in s. 11.0101 (8).
Effective date note NOTE: Par. (e) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (e) No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution to a candidate for state or local office. No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution to a candidate for a partisan state or local office. In this paragraph, contribution has the meaning given in s. 11.0101 (8).
5.05(2m)(f) (f) Pursuant to any investigation authorized under par. (c), the commission has the power:
Effective date note NOTE: Par. (f) (intro.) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (f) Pursuant to any investigation authorized under par. (c), the board has the power:
5.05(2m)(f)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.
Effective date note NOTE: Subd. 1. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 1. To require any person to submit in writing such reports and answers to questions relevant to the proceedings as the board may prescribe, such submission to be made within such period and under oath or otherwise as the board may determine.
5.05(2m)(f)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) (b).
Effective date note NOTE: Subd. 2. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 2. To order testimony to be taken by deposition before any individual who is designated by the board 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) (b).
5.05(2m)(f)4. 4. To pay witnesses the same fees and mileage as are paid in like circumstances by the courts of this state.
5.05(2m)(f)5. 5. 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.
5.05(2m)(g)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 subch. III of ch. 13 or subch. III of ch. 19 is alleged to have occurred.
5.05(2m)(g)2. 2. The period of limitation under subd. 1. is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under par. (c) 2. b. or s. 19.59 (8) (cm).
Effective date note NOTE: Par. (g) is repealed eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2m)(h) (h) If the defendant in an action for a civil violation of chs. 5 to 10 or 12 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 chs. 5 to 10 or 12 is the attorney general or a candidate for that office, the commission may appoint special counsel to bring suit on behalf of the state.
Effective date note NOTE: Par. (h) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (h) If the defendant in an action for a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is a district attorney or a circuit judge or a candidate for either such office, the action shall be brought by the board. If the defendant in an action for a civil violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for that office, the board may appoint special counsel to bring suit on behalf of the state.
5.05(2m)(i) (i) If the defendant in an action for a criminal violation of chs. 5 to 10 or 12 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 chs. 5 to 10 or 12 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.
Effective date note NOTE: Par. (i) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (i) If the defendant in an action for a criminal violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 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 chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 is the attorney general or a candidate for that office, the board may appoint a special prosecutor to conduct the prosecution on behalf of the state.
5.05(2m)(j) (j) Any special counsel or prosecutor who is appointed under par. (h) or (i) shall be independent of the attorney general and need not be a state employee at the time of his or her appointment.
5.05(2m)(k) (k) The commission's power to initiate civil actions under this subsection for the enforcement of chs. 5 to 10 or 12 shall be the exclusive remedy for alleged civil violations of chs. 5 to 10 or 12.
Effective date note NOTE: Par. (k) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2q) (2q)Supplemental funding for ongoing investigations. The commission may request supplemental funds to be credited to the appropriation account under s. 20.510 (1) (be) for the purpose of continuing an ongoing investigation initiated under sub. (2m). 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. 20.510 (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. 20.510 (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.
Effective date note NOTE: Sub. (2q) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2s) (2s)Ethics and accountability division. The ethics and accountability division has the responsibility for administration of ch. 11, subch. III of ch. 13, and subch. III of ch. 19.
Effective date note NOTE: Sub. (2s) is repealed eff. 6-30-16 by 2015 Wis. Act 118.
5.05(2w) (2w)Elections commission. The elections commission has the responsibility for the administration of chs. 5 to 10 and 12.
Effective date note NOTE: Sub. (2w) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (2w)Elections Division. The elections division has the responsibility for the administration of chs. 5 to 10 and 12.
5.05(3d) (3d)Administrator. The commission shall appoint an administrator in the manner provided under s. 15.61 (1) (b). The administrator shall be outside the classified service. The administrator shall appoint such other personnel as he or she requires to carry out the duties of the commission and may designate a commission employee to serve as the commission's legal counsel. The administrator shall perform such duties as the commission assigns to him or her in the administration of chs. 5 to 10 and 12.
Effective date note NOTE: Sub. (3d) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(3g) (3g)Chief election officer. The commission administrator shall serve as the chief election officer of this state.
Effective date note NOTE: Sub. (3g) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (3g)Chief election officer. The board shall designate an employee of the board to serve as the chief election officer of this state.
5.05(4) (4)Employees. All employees of the commission shall be nonpartisan.
Effective date note NOTE: Sub. (4) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (4)Employees. All employees of the board shall be nonpartisan.
5.05(5e) (5e)Annual report. The commission shall submit an annual report under s. 15.04 (1) (d) and shall include in its annual report the names and duties of all individuals employed by the commission and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f), the commission shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. [11.1304 (14)] The commission shall identify in its report the statutory duties of the commission administrator, together with a description of the manner in which those duties are being fulfilled. Notwithstanding sub. (5s) and s. 12.13 (5), the commission shall also specify in its report the total number of investigations conducted by the commission since the last annual report and a description of the nature of each investigation. The commission shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.
Effective date note NOTE: Sub. (5e) is shown as affected by 2015 Wis. Act 118 eff. 6-30-16 and as affected by 2015 Wis. Acts 117 and 118 as merged by the legislative reference bureau under s. 13.92 (2) (i). The language in brackets was inserted by 2015 Wis. Act 117 but rendered without effect by the treatment by 2015 Wis. Act 118. Corrective legislation is pending. Prior to 6-30-16 it reads:
Effective date text (5e)Biennial report. The board shall include in its biennial report under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f) 2., the board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.1304 (14). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.
5.05(5f) (5f)Advice to commission. The joint committee on legislative organization shall be advisory to the commission on all matters relating to operation of the commission.
Effective date note NOTE: Sub. (5f) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (5f)Advice to board. The joint committee on legislative organization shall be advisory to the board on all matters relating to operation of the board.
5.05(5s) (5s)Access to records. 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:
Effective date note NOTE: Sub. (5s) (intro.) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (5s)Access to records. Records obtained or prepared by the board in connection with an investigation, including the full text of any complaint received by the board, are not subject to the right of inspection and copying under s. 19.35 (1), except as provided in pars. (d) and (e) and except that:
5.05(5s)(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.
Effective date note NOTE: Par. (a) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (a) The board shall permit inspection of records that are distributed or discussed in the course of a meeting or hearing by the board in open session.
5.05(5s)(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 sub. (2q).
Effective date note NOTE: Par. (am) is created eff. 6-30-16 by 2015 Wis. Act 118.
5.05(5s)(b) (b) Investigatory records of the commission may be made public in the course of a prosecution initiated under chs. 5 to 10 or 12.
Effective date note NOTE: Par. (b) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (b) Investigatory records of the board may be made public in the course of a prosecution initiated under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19.
5.05(5s)(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.
Effective date note NOTE: Par. (bm) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (bm) The board 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.
5.05(5s)(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).
Effective date note NOTE: Par. (c) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (c) The board 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).
5.05(5s)(d) (d) If the commission commences a civil prosecution of a person for an alleged violation of chs. 5 to 10 or 12 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.
Effective date note NOTE: Par. (d) is shown as amended eff. 6-30-16 by 2015 Wis. Act 118. Prior to 6-30-16 it reads:
Effective date text (d) If the board commences a civil prosecution of a person for an alleged violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 as the result of an investigation, the person who is the subject of the investigation may authorize the board 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 board shall then make those records available.
5.05(5s)(e) (e) The following records of the commission are open to public inspection and copying under s. 19.35 (1):
Effective date note NOTE: Par. (e) (intro.) is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text (e) The following records of the board are open to public inspection and copying under s. 19.35 (1):
5.05(5s)(e)1. 1. Any record of the action of the commission authorizing the filing of a civil complaint under sub. (2m) (c) 6.
Effective date note NOTE: Subd. 1. is shown as affected eff. 6-30-16 by 2015 Wis. Act 118, section 266 (10). Prior to 6-30-16 it reads:
Effective date text 1. Any record of the action of the board authorizing the filing of a civil complaint under sub. (2m) (c) 6.
5.05(5s)(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.
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2013-14 Wisconsin Statutes updated through 2015 Wis. Act 392 and all Supreme Court Orders entered before April 21, 2016. Published and certified under s. 35.18. Changes effective after April 21, 2016 are designated by NOTES. (Published 4-29-16)