LRB-4600/3
JTK:kjf&cs:jf
2005 - 2006 LEGISLATURE
April 24, 2006 - Introduced by Representatives Friske, Loeffelholz, Van Roy, J.
Fitzgerald, Davis, Krawczyk, Meyer, Mursau, Pettis, Moulton, Nischke,
Hahn, Wood, Towns, Kreibich, Kestell, Strachota, Honadel, Van Akkeren

and Lehman, cosponsored by Senator Brown. Referred to Committee on State
Affairs.
AB1189,1,7 1An Act to renumber 19.579; to amend 19.48 (9), 19.53 (6), 19.579 (title), 19.58
2(1) (a), 230.03 (4) and (6) and 230.40 (1), (2), (4) and (5); and to create 19.42 (7t)
3and (11e), 19.45 (5m), 19.45 (15), 19.579 (2), 230.40 (7) and 230.405 of the
4statutes; relating to: campaign activity by state employees, solicitation or
5discouragement of political activity by state officials and employees, training
6programs for state employees, granting rule-making authority, and providing
7penalties.
Analysis by the Legislative Reference Bureau
Campaign activity by state employees
Currently, no state employee is authorized to engage in, and no state appointing
authority is authorized to permit or require an employee to engage in, any activity
on state time or with the use of state resources other than activity that is a part of
the official functions of the state agency in which an employee works, as prescribed
by law. In addition, with one limited exception, no person may solicit or receive from
any state officer or employee any contribution or service for a political purpose while
the officer or employee is engaged in his or her official duties. Under the Code of
Ethics for State Public Officials and Employees, no state public official may use or
attempt to use the public position held by the official to influence or gain unlawful
benefits, advantages, or privileges personally or for others. Current law also

specifically restricts political activity by employees who hold positions in the state
classified service, and permits or in some cases requires those employees to take
leaves of absence to participate in political activity.
This bill specifically prohibits an appointing authority of any state employee
holding an appointive position from assigning or authorizing campaign activity, as
defined in the bill, to be performed on state time, or with the use of state resources,
or on any property owned or leased by the state. The bill specifically prohibits any
state employee from using, or making available for use by another, state resources
or property owned or leased by the state in connection with campaign activity except
to the extent that the resources or property are available to be used by any person
under similar circumstances. The bill provides that no state employee holding an
appointive position may engage in campaign activity: 1) while engaged in his or her
employment; 2) while on any form of paid leave, except vacation and paid holidays,
and then only after obtaining the approval of the employee's appointing authority to
use the leave for that purpose; or 3) during the established hours of employment for
the employee, unless the employee first obtains a similar approval from his or her
appointing authority. In addition, the bill prohibits any decision affecting the
continued employment of a state employee holding an appointive position, or
affecting the salary, benefits, hours, or other conditions of employment of such an
employee, from being based on the failure of the employee to participate in any
campaign activity or the failure to make a political contribution.
In addition, the bill extends a current restriction in the civil service law relating
to the political activities of classified employees to apply to all state employees in
appointive positions.
Under the bill, if a state employee who holds an appointive position becomes a
candidate for partisan political office, the employee must be placed on a leave of
absence for the duration of the election campaign and if elected must separate from
his or her former position on assuming the duties and responsibilities of the partisan
political office.
The bill provides that any violation of these prohibitions is a violation of the
Code of Ethics for State Public Officials and Employees. Violators are subject to a
forfeiture (civil penalty) of not more than $1,000 for each violation.
Solicitation or discouragement of political activity
The bill prohibits any state public official or state employee from knowingly
soliciting or discouraging any political activity by a person who has business with the
unit of government served by the official or employee. Currently, political solicitation
is addressed in the campaign finance and civil service laws (see above).
Discouragement of political activity is not specifically addressed in the statutes.
Violators are subject to a forfeiture of not more than $1,000 for each violation.
Training programs for state employees
Currently, the Ethics Board conducts training programs designed to explain
and interpret the code of ethics for state public officials and the lobbying regulation
law for state public officials and certain other persons. The board may prescribe a
fee to be paid by attendees at these programs. This bill extends the coverage of these
programs to include those portions of the campaign finance and civil service laws

that pertain to political activity, including the portions created by the bill. The bill
also directs the board to require attendance of state employees at these programs for
a minimum number of hours specified by rule of the board within each biennial
period, and to require each new state employee to attend such a program within six
months after beginning employment. Under the bill, each state agency must pay any
fees incurred by state employees in attending the programs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1189, s. 1 1Section 1. 19.42 (7t) and (11e) of the statutes are created to read:
AB1189,3,22 19.42 (7t) "Knowingly" means acting with the belief that a specified fact is true.
AB1189,3,4 3(11e) "Political activity" means activity that is engaged in for political
4purposes, as defined in s. 11.01 (16).
AB1189, s. 2 5Section 2. 19.45 (5m) of the statutes is created to read:
AB1189,3,76 19.45 (5m) No state public official or state employee may engage in any activity
7that is prohibited under s. 230.40 or 230.405.
AB1189, s. 3 8Section 3. 19.45 (15) of the statutes is created to read:
AB1189,3,119 19.45 (15) No state public official or state employee may knowingly solicit or
10discourage any political activity by a person who has business before the department
11served by the official or employee.
AB1189, s. 4 12Section 4. 19.48 (9) of the statutes is amended to read:
AB1189,4,1013 19.48 (9) Administer programs to explain and interpret ss. 11.36, 230.40, and
14230.405,
this subchapter, and subch. III of ch. 13 for state public officials, and for
15elective state officials
employees, candidates for state public office, legislative
16officials, agency officials, lobbyists, as defined in s. 13.62, local public officials,
17corporation counsels and attorneys for local governmental units. The programs shall

1provide advice regarding appropriate ethical and lobbying practices, with special
2emphasis on public interest lobbying. The board may delegate creation and
3implementation of any such program to a group representing the public interest. The
4board may charge a fee to participants in any such program. The board shall require
5attendance of all state employees at programs conducted under this subsection for
6a minimum number of hours specified by rule of the board during each biennial
7period. The board shall require each new state employee to attend a program
8conducted under this subsection within 6 months of beginning his or her
9employment. Each department shall pay any fees incurred by its employees for
10attendance at programs for which attendance is required under this subsection.
AB1189, s. 5 11Section 5. 19.53 (6) of the statutes is amended to read:
AB1189,5,312 19.53 (6) An order requiring the accused to forfeit not more than $500 for each
13violation of s. 19.43, 19.44, or 19.56 (2), not more than $1,000 for each violation of s.
1419.45 (5m), (14), or (15),
or not more than $5,000 for each violation of any other
15provision of this subchapter, or not more than the applicable amount specified in s.
1613.69 for each violation of subch. III of ch. 13. If the board determines that the
17accused has realized economic gain as a result of the violation, the board may, in
18addition, order the accused to forfeit the amount gained as a result of the violation.
19In addition, if the board determines that a state public official has violated s. 19.45
20(13), the board may order the official to forfeit an amount equal to the amount or
21value of any political contribution, service, or other thing of value that was
22wrongfully obtained. If the board determines that a state public official has violated
23s. 19.45 (13) and no political contribution, service or other thing of value was
24obtained, the board may order the official to forfeit an amount equal to the maximum
25contribution authorized under s. 11.26 (1) for the office held or sought by the official,

1whichever amount is greater. The attorney general, when so requested by the board,
2shall institute proceedings to recover any forfeiture incurred under this section or s.
319.545 which is not paid by the person against whom it is assessed.
AB1189, s. 6 4Section 6. 19.579 (title) of the statutes is amended to read:
AB1189,5,5 519.579 (title) Civil penalty penalties.
AB1189, s. 7 6Section 7. 19.579 of the statutes is renumbered 19.579 (1).
AB1189, s. 8 7Section 8. 19.579 (2) of the statutes is created to read:
AB1189,5,98 19.579 (2) Any person who violates s. 19.45 (5m), (14), or (15) may be required
9to forfeit not more than $1,000.
AB1189, s. 9 10Section 9. 19.58 (1) (a) of the statutes is amended to read:
AB1189,5,1411 19.58 (1) (a) Any person who intentionally violates any provision of this
12subchapter except s. 19.45 (5m) or (13) to (15) or 19.59 (1) (br), or a code of ethics
13adopted or established under s. 19.45 (11) (a) or (b), shall be fined not less than $100
14nor more than $5,000 or imprisoned not more than one year in the county jail or both.
AB1189, s. 10 15Section 10. 230.03 (4) and (6) of the statutes are amended to read:
AB1189,5,1916 230.03 (4) Except as provided in s. ss. 230.40 (4), 230.405 (1), and 230.80 (1m),
17"appointing authority" means the chief administrative officer of an agency unless
18another person is authorized to appoint subordinate staff in the agency by the
19constitution or statutes.
AB1189,5,22 20(6) "Civil service" means all offices and positions of trust or employment in the
21service of the state, but except for purposes of ss. 230.40 and 230.405, excludes all
22offices and positions in the organized militia.
AB1189, s. 11 23Section 11. 230.40 (1), (2), (4) and (5) of the statutes are amended to read:
AB1189,6,1224 230.40 (1) No person holding a position in the classified civil service may
25directly or indirectly solicit or receive subscriptions or contributions for any partisan

1political party or any political purpose while on state time or engaged in official
2duties as an employee. No person may orally solicit or by letter transmit any
3solicitation to a state office or be in any manner concerned in soliciting any
4assistance, subscription, or support for any partisan political party or purpose from
5any person holding any position in the classified civil service while on state time or
6engaged in official duties as an employee. No person holding any position in the
7classified civil service may during the hours when on duty engage in any form of
8political activity calculated to favor or improve the chances of any political party or
9any person seeking or attempting to hold partisan political office, nor engage in any
10political activity when not on duty to such an extent that the person's efficiency
11during working hours will be impaired or that he or she will be tardy or absent from
12work. Any violation of this section is adequate grounds for dismissal.
AB1189,6,18 13(2) If a person who holds an appointive position in the classified civil service
14declares an intention to run for becomes a candidate for a partisan political office the
15person shall be placed on a leave of absence for the duration of the election campaign
16and if elected shall separate from the classified civil service on assuming the duties
17and responsibilities of such office. In this subsection, "candidate" has the meaning
18given in s. 230.405 (1) (c).
AB1189,6,23 19(4) A person who holds an appointive position in the classified civil service may
20be granted upon concurrence by the person's appointing authority a leave of absence
21to participate in partisan political campaigning. In this subsection, "appointing
22authority" means the individual who has the authority to make appointments to a
23position.
AB1189,7,2 24(5) Persons on leave from the classified civil service under subs. (2) and (4) shall
25not be subject to the restrictions of sub. (1), except as they apply to the solicitation

1of assistance, subscription or support from any person holding any position in the
2classified civil service.
AB1189, s. 12 3Section 12. 230.40 (7) of the statutes is created to read:
AB1189,7,54 230.40 (7) Any violation of this section by a person who holds an appointive
5position in the civil service is adequate grounds for discipline, including dismissal.
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