946.12(5)
(5) Under color of the officer's or employe's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value which the officer or employe knows is greater or less than is fixed by law.
946.12 History
History: 1977 c. 173;
1993 a. 486.
946.12 Annotation
Sub. (5) prohibits misconduct in public office with constitutional specificity. Ryan v. State, 79 W (2d) 83, 255 NW (2d) 910.
946.12 Annotation
Sub. (3) applies to corrupt act under color of office and under de facto powers conferred by practice and usage. Person not a public officer may be charged with party to the crime of official misconduct. State v. Tronca, 84 W (2d) 68, 267 NW (2d) 216 (1978).
946.12 Annotation
On-duty prison guard did not violate (2) by fornicating with prisoner in cell. State v. Schmit, 115 W (2d) 657, 340 NW (2d) 752 (Ct. App. 1983).
946.13
946.13
Private interest in public contract prohibited. 946.13(1)(1) Any public officer or public employe who does any of the following is guilty of a Class E felony:
946.13(1)(a)
(a) In the officer's or employe's private capacity, negotiates or bids for or enters into a contract in which the officer or employe has a private pecuniary interest, direct or indirect, if at the same time the officer or employe is authorized or required by law to participate in the officer's or employe's capacity as such officer or employe in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the officer's or employe's part; or
946.13(1)(b)
(b) In the officer's or employe's capacity as such officer or employe, participates in the making of a contract in which the officer or employe has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the officer's or employe's part.
946.13(2)
(2) Subsection (1) does not apply to the following:
946.13(2)(a)
(a) Contracts in which any single public officer or employe is privately interested that do not involve receipts and disbursements by the state or its political subdivision aggregating more than $15,000 in any year.
946.13(2)(b)
(b) Contracts involving the deposit of public funds in public depositories; or
946.13(2)(d)
(d) Contracts for the publication of legal notices required to be published, provided such notices are published at a rate not higher than that prescribed by law; or
946.13(2)(e)
(e) Contracts for the issuance to a public officer or employe of tax titles, tax certificates, or instruments representing an interest in, or secured by, any fund consisting in whole or in part of taxes in the process of collection, provided such titles, certificates, or instruments are issued in payment of salary or other obligations due such officer or employe; or
946.13(2)(f)
(f) Contracts for the sale of bonds or securities issued by a political subdivision of the state; provided such bonds or securities are sold at a bona fide public sale to the highest bidder and the public officer or employe acquiring the private interest has no duty to vote upon the issuance of the bonds or securities.
946.13(2)(g)
(g) Contracts with, or tax credits or payments received by, public officers or employes for wildlife damage claims or abatement under
s. 29.598, for farmland preservation under
subch. IX of ch. 71 and
s. 91.13, soil and water resource management under
s. 92.14, soil erosion control under s.
92.10, 1985 stats., animal waste management under s.
92.15, 1985 stats., and nonpoint source water pollution abatement under
s. 281.65.
946.13 Note
NOTE: Par. (g) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
946.13(3)
(3) A contract entered into in violation of this section is void and the state or the political subdivision in whose behalf the contract was made incurs no liability thereon.
946.13(4)
(4) In this section "contract" includes a conveyance.
946.13(5)
(5) Subsection (1) (b) shall not apply to a public officer or public employe by reason of his or her holding not more than 2% of the outstanding capital stock of a corporate body involved in such contract.
946.13(6)
(6) Subsection (3) shall not apply to contracts creating a public debt, as defined in
s. 18.01 (4), if the requirements of
s. 18.14 (1) have been met. No evidence of indebtedness, as defined in
s. 18.01 (3), shall be invalidated on account of a violation of this section by a public officer or public employe, but such officer or employe and the surety on the officer's or employe's official bond shall be liable to the state for any loss to it occasioned by such violation.
946.13(7)
(7) Subsection (1) shall not apply to any public officer or public employe, who receives compensation for the officer's or employe's services as such officer or employe, exclusive of advances or reimbursements for expenses, of less than $10,000 per year, merely by reason of his or her being a director, officer, employe, agent or attorney of or for a state or national bank, savings bank or trust company, or any holding company thereof. This subsection shall not apply to any such person whose compensation by such financial institution is directly dependent upon procuring public business. Compensation determined by longevity, general quality of work or the overall performance and condition of such financial institution shall not be deemed compensation directly dependent upon procuring public business.
946.13(8)
(8) Subsection (1) shall not apply to contracts or transactions made or consummated or bonds issued under
s. 66.521.
946.13(9)
(9) Subsection (1) does not apply to the member of a local committee appointed under
s. 289.33 (7) (a) acting as a member of that committee in negotiation, arbitration or ratification of agreements under
s. 289.33.
946.13(10)
(10) Subsection (1) (a) does not apply to a member of a private industry council or appointed under the job training partnership act,
29 USC 1512, or to a member of the governor's council on workforce excellence appointed under
s. 15.227 (24).
946.13(11)
(11) Subsection (1) does not apply to an individual who receives compensation for services as a public officer or public employe of less than $10,000 annually, exclusive of advances or reimbursements for expenses, merely because that individual is a partner, shareholder or employe of a law firm that serves as legal counsel to the public body that the officer or employe serves, unless one of the following applies:
946.13(11)(a)
(a) The individual has an interest in that law firm greater than 2% of its net profit or loss.
946.13(11)(b)
(b) The individual participates in making a contract between that public body and that law firm or exercises any official discretion with respect to a contract between them.
946.13(11)(c)
(c) The individual's compensation from the law firm directly depends on the individual's procurement of business with public bodies.
946.13 Annotation
Conviction of a county board member of violation of (1) by accepting a job as airport manager at a time when he was a member of the county board, which was a cosponsor and co-owner of the airport, is reversed under evidence that he was appointed pursuant to advice and approval of the county corporation counsel. State v. Davis, 63 W (2d) 75, 216 NW (2d) 31.
946.13 Annotation
Sub. (1) (b) is strict liability offense, without element of corrupt motive. State v. Stoehr, 134 W (2d) 66, 396 NW (2d) 177 (1986).
946.13 Annotation
County board member employed by engineering and survey firm may have possible conflict of interest in public contracts. 60 Atty. Gen. 98.
946.13 Annotation
A member of the Wisconsin board of vocational, technical and adult education may not bid on and contract for the construction of a building project for a vocational-technical district which would entail expenditures exceeding $2,000 in any year, where availability of federal funds for use on such project is subject to his approval as a member of such board. 60 Atty. Gen. 310.
946.13 Annotation
Discussion of conflicts arising from election of a school principal to the office of alderman. 60 Atty. Gen. 367.
946.13 Annotation
Appointment of counsel for indigent involves a public contract. 62 Atty. Gen. 118.
946.13 Annotation
County supervisor who is pharmacist probably does not violate this section in furnishing prescription services to medicaid patients where state is solely liable for payment. 64 Atty. Gen. 108.
946.13 Annotation
Marital property law doesn't change applicability of this section to member of governmental body when that body employs member's spouse.
76 Atty. Gen. 15.
946.13 Annotation
Sub. (1) (a) may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act.
77 Atty. Gen. 306.
946.14
946.14
Purchasing claims at less than full value. Any public officer or public employe who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class E felony.
946.14 History
History: 1977 c. 173.
946.15
946.15
Public construction contracts at less than full rate. 946.15(1)(1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in
s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under
s. 66.293 (3),
103.49 (3) or
103.50 (3) or by a local governmental unit, as defined in
s. 66.293 (1) (d), under
s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.293 (3) or
(6),
103.49 (3) or
103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.
946.15(2)
(2) Any person employed pursuant to a public contract as defined in
s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under
s. 66.293 (3),
103.49 (3) or
103.50 (3) or by a local governmental unit, as defined in
s. 66.293 (1) (d), under
s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.293 (3) or
(6),
103.49 (3) or
103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.
946.15(3)
(3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under
s. 66.293 (3),
103.49 (3) or
103.50 (3) or by a local governmental unit, as defined in
s. 66.293 (1) (d), under
s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
946.15(4)
(4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under
s. 66.293 (3),
103.49 (3) or
103.50 (3) or by a local governmental unit, as defined in
s. 66.293 (1) (d), under
s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
946.16
946.16
Judicial officer collecting claims. Any judicial officer who causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection is guilty of a Class B misdemeanor.
946.16 History
History: 1977 c. 173.
946.17
946.17
Corrupt means to influence legislation; disclosure of interest. Any person who gives or agrees or offers to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of the measure, or who receives, or agrees to receive anything of value for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, attempts in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney, is guilty of a class A misdemeanor.
946.17 History
History: 1977 c. 278 s.
1; Stats. 1977 s. 946.17;
1993 a. 213.
946.18
946.18
Misconduct sections apply to all public officers. Sections 946.10 to
946.17 apply to public officers, whether legally constituted or exercising powers as if legally constituted.
946.18 History
History: 1977 c. 278;
1979 c. 110.
PERJURY AND FALSE SWEARING.
946.31(1)(1) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class D felony:
946.31(1)(d)
(d) An administrative agency or arbitrator authorized by statute to determine issues of fact;
946.31(1)(e)
(e) A notary public while taking testimony for use in an action or proceeding pending in court;
946.31(1)(f)
(f) An officer authorized to conduct inquests of the dead;
946.31(2)
(2) It is not a defense to a prosecution under this section that the perjured testimony was corrected or retracted.
946.31 History
History: 1977 c. 173;
1979 c. 110.
946.31 Annotation
Arbitrator selected from list provided by WERC is authorized by s. 111.10 to arbitrate as provided in ch. 298, 1977 stats. [now ch. 788] and so is "authorized by statute" within meaning of s. 946.31 (1) (d). Layton School of Art & Design v. WERC, 82 W (2d) 324, 262 NW (2d) 218.
946.31 Annotation
Perjury consists of a false statement which the defendant knew was false, was made under oath in a proceeding before a judge and was material to the proceeding. Materiality is determined by whether the trial court could have relied on the testimony in making a decision, not on whether it actually did. State v. Munz, 198 W (2d) 379, 541 NW (2d) 821 (Ct. App. 1995).
946.31 Annotation
Perjury prosecutions after acquittals. Shellenberger. 71 MLR 703 (1988).
946.32(1)(1) Whoever does either of the following is guilty of a Class D felony:
946.32(1)(a)
(a) Under oath or affirmation makes or subscribes a false statement which he or she does not believe is true, when such oath or affirmation is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
946.32(1)(b)
(b) Makes or subscribes 2 inconsistent statements under oath or affirmation in regard to any matter respecting which an oath or affirmation is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
946.32(2)
(2) Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
946.32 History
History: 1977 c. 173;
1993 a. 486.
946.32 Annotation
This section also applies to oral statement. Mere fact that statement is permitted by law does not mean it is "authorized by law" within meaning of (1) (a). State v. Devitt, 82 W (2d) 262, 262 NW (2d) 73.
946.32 Annotation
The reference to the statute of limitations under sub. (1) (b) does not make it an element of the offense. The statute of limitations is an affirmative defense and is subject to tolling under s. 939.74. State v. Slaughter, 200 W (2d) 190, 546 NW (2d) 490 (Ct. App. 1996).
946.32 Annotation
What is to be "authorized or required" under sub. (1) (b) is the oath itself not the matter respecting which the oath is taken. State v. Slaughter, 200 W (2d) 190, 546 NW (2d) 490 (Ct. App. 1996).
INTERFERENCE WITH LAW ENFORCEMENT.
946.40
946.40
Refusing to aid officer. 946.40(1)
(1) Whoever, without reasonable excuse, refuses or fails, upon command, to aid any person known by the person to be a peace officer is guilty of a Class C misdemeanor.
946.40(2)
(2) This section does not apply if under the circumstances the officer was not authorized to command such assistance.
946.40 History
History: 1977 c. 173.
946.40 Annotation
See note to 343.305, citing 68 Atty. Gen. 209.
946.40 Annotation
In certain circumstances peace officer may command medical staff at hospital or clinic to gather evidence from sexual assault victim.
72 Atty. Gen. 107.
946.41
946.41
Resisting or obstructing officer.
