AB1189: Bill Text

AB1189, s. 7 Section 7. 19.579 of the statutes is renumbered 19.579 (1).

AB1189, s. 8 Section 8. 19.579 (2) of the statutes is created to read:

AB1189,5,9 19.579 (2) Any person who violates s. 19.45 (5m), (14), or (15) may be required to forfeit not more than $1,000.

AB1189, s. 9 Section 9. 19.58 (1) (a) of the statutes is amended to read:

AB1189,5,14 19.58 (1) (a) Any person who intentionally violates any provision of this subchapter except s. 19.45 (5m) or (13) to (15) 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.

AB1189, s. 10 Section 10. 230.03 (4) and (6) of the statutes are amended to read:

AB1189,5,19 230.03 (4) Except as provided in s. ss. 230.40 (4), 230.405 (1), and 230.80 (1m), "appointing authority" means the chief administrative officer of an agency unless another person is authorized to appoint subordinate staff in the agency by the constitution or statutes.

AB1189,5,22 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, but except for purposes of ss. 230.40 and 230.405, excludes all offices and positions in the organized militia.

AB1189, s. 11 Section 11. 230.40 (1), (2), (4) and (5) of the statutes are amended to read:

AB1189,6,12 230.40 (1) No person holding a position in the classified civil service may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while on state time or engaged in official duties as an employee. No person may orally solicit or by letter transmit any solicitation to a state office or be in any manner concerned in soliciting any assistance, subscription, or support for any partisan political party or purpose from any person holding any position in the classified civil service while on state time or engaged in official duties as an employee. No person holding any position in the classified civil service may during the hours when on duty engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office, nor engage in any political activity when not on duty to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.

AB1189,6,18 (2) If a person who holds an appointive position in the classified civil service declares an intention to run for becomes a candidate for a partisan political office the person shall be placed on a leave of absence for the duration of the election campaign and if elected shall separate from the classified civil service on assuming the duties and responsibilities of such office. In this subsection, "candidate" has the meaning given in s. 230.405 (1) (c).

AB1189,6,23 (4) A person who holds an appointive position in the classified civil service may be granted upon concurrence by the person's appointing authority a leave of absence to participate in partisan political campaigning. In this subsection, "appointing authority" means the individual who has the authority to make appointments to a position.

AB1189,7,2 (5) Persons on leave from the classified civil service under subs. (2) and (4) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription or support from any person holding any position in the classified civil service.

AB1189, s. 12 Section 12. 230.40 (7) of the statutes is created to read:

AB1189,7,5 230.40 (7) Any violation of this section by a person who holds an appointive position in the civil service is adequate grounds for discipline, including dismissal.

AB1189, s. 13 Section 13. 230.405 of the statutes is created to read:

AB1189,7,7 230.405 Campaign activity. (1) In this section:

AB1189,7,10 (a) "Appointing authority" means the chief administrative officer of a state agency unless another person is authorized by law to appoint subordinate staff in the state agency.

AB1189,7,11 (b) "Campaign activity" means:

AB1189,7,14 1. Organizing or assisting in the organization of an event on behalf of a candidate, political party, or political committee, but not including recording the date of an event.

AB1189,7,16 2. Soliciting or receiving a contribution on behalf of a candidate, political party, or political committee.

AB1189,7,18 3. Designing or distributing an advertisement paid for by a candidate, political party, or political committee.

AB1189,7,21 4. Designing or distributing brochures, literature, nomination papers, or other promotional materials, whether in electronic or nonelectronic form, that are paid for by a candidate, political party, or political committee.

AB1189,7,23 5. Organizing or directing individuals for the purpose of securing voluntary services on behalf of a candidate, political party, or political committee.

AB1189,7,24 6. Preparing a budget for a candidate, political party, or political committee.

AB1189,8,3 7. Preparing or participating in the conduct of polling relating to political issues, other than polling conducted by a state legislator to seek input from constituents.

AB1189,8,6 8. Creating or maintaining a list or database of individuals who have made a contribution or provided voluntary services to a candidate, political party, or political committee.

AB1189,8,8 9. Directing or participating in the recruitment of a candidate for national, state, or local office.

AB1189,8,10 10. Organizing or assisting in the organization of individuals to vote for a particular candidate or the candidates of a particular political party.

AB1189,8,13 11. Transporting individuals to a polling place on behalf of a candidate, political party, or political committee, or to a rally organized for the purpose of supporting a candidate or political party.

AB1189,8,18 (c) "Candidate" means every person for whom it is contemplated or desired that votes be cast at any election held within this state, whether or not the person is elected or nominated, and who either tacitly or expressly consents to be so considered. A person does not cease to be a candidate by virtue of the passing of the date of an election.

AB1189,8,19 (d) "Contribution" has the meaning given in s. 11.01 (6) and 2 USC 431 (8).

AB1189,8,21 (e) "Disbursement" has the meaning given in s. 11.01 (7) and the meaning given for the term "expenditure" in 2 USC 431 (9).

AB1189,8,22 (f) "Legislative campaign committee" has the meaning given in s. 11.01 (12s).

AB1189,8,23 (g) "Local office" has the meaning given in s. 5.02 (9).

AB1189,8,24 (h) "National office" has the meaning given in s. 5.02 (12).

AB1189,9,2 (i) "Personal campaign committee" has the meaning given in s. 11.01 (15) and includes a federal candidate committee, as defined in s. 11.06 (3m) (a).

AB1189,9,7 (j) "Political committee" means any person other than an individual and any combination of 2 or more persons, permanent or temporary, that makes or accepts contributions or makes disbursements, whether or not engaged in activities that are exclusively political, and includes a legislative campaign committee, a personal campaign committee, and a political committee, as defined in 2 USC 431 (4).

AB1189,9,8 (k) "Political party" has the meaning given in s. 5.02 (13) and 2 USC 431 (13).

AB1189,9,9 (L) "State agency" has the meaning given in s. 20.001 (1).

AB1189,9,10 (m) "State office" has the meaning given in s. 5.02 (23).

AB1189,9,13 (2) No appointing authority of a person holding an appointive position in the civil service may assign or authorize campaign activity to be performed on state time, or with the use of state resources, or on any property owned or leased by the state.

AB1189,9,17 (3) No person holding a position in the civil service may use, or make 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.

AB1189,9,19 (4) No person holding an appointive position in the civil service may engage in campaign activity:

AB1189,9,20 (a) While the person is engaged in his or her employment.

AB1189,9,24 (b) While on any form of paid leave, including compensatory time granted for time worked in excess of normal hours, other than annual leave or paid holiday leave and then only after having received approval from his or her appointing authority to use the leave for that purpose.

AB1189,10,9 (c) During the established hours of employment for the person, unless the person has submitted to his or her appointing authority a request to work variant hours or to take unpaid leave and has obtained from the appointing authority a written finding that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the state agency for which the person performs services. For an employee of the legislature under s. 13.20, the appointing authority must find that the use of variant hours or the taking of unpaid leave will not be contrary to the efficient provision of public services by the house or houses for which the employee performs services.

AB1189,10,14 (5) No decision affecting the continued employment of a person holding an appointive position in the civil service, or affecting the salary, benefits, hours, terms, or other conditions of employment of such a person, may be based in any manner or to any degree on the failure of the person to participate in campaign activity or the failure to make a contribution.

AB1189,10,16 (6) Any violation of this section by a person who holds an appointive position in the civil service is adequate grounds for discipline, including dismissal.

AB1189,10,17 (End)