SB588, s. 2
5Section
2. 19.45 (title) of the statutes is amended to read:
SB588,2,6
619.45 (title)
Standards of conduct; state public officials and employees.
SB588, s. 3
7Section
3. 19.45 (6m) of the statutes is created to read:
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119.45
(6m) No state public official and no officer or employee of a department
2may use his or her public office or position to retaliate against any individual who
3requests approval of a permit, or who requests any other governmental action or
4service, for seeking approval of a governmental permit, requesting any other
5governmental action or service, or exercising free speech in connection with the
6individual's request or application. A violation of this subsection, when accompanied
7by an intent to retaliate under this subsection, includes an unreasonable or
8unjustifiable delay in the processing of a governmental permit application or any
9other appeal, plea, petition, or request for a governmental action or service; an
10exercise of discretionary authority by an officer or employee with respect to a request
11for a governmental permit, action, or service that does not conform to the code of
12ethics governing the officer's or employee's office or position; the initiation of an
13investigation or inquiry of an individual in response to a request for a governmental
14permit, action, or service; or the libel, slander, or engagement in any other pattern
15of conduct that demonstrates an intentional disregard of or disrespect for an
16individual who requests a governmental permit, action, or service or the individual's
17interests.
SB588, s. 4
18Section
4. 19.459 of the statutes is created to read:
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1919.459 Administration and application by state and local
20governments. (1) Each department shall establish and maintain procedures for
21the administration and enforcement of s. 19.45.
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22(2) Each local governmental unit shall establish and maintain procedures for
23the administration and enforcement of s. 19.59 (1).
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24(3) All procedures under sub. (1) or (2) shall address the specific means by
25which s. 19.45 (6m) or 19.59 (1) (bt) will be applied. The procedures shall also address
1an educational program for all officers and employees of each department or local
2governmental unit and members of the public who may interact with these officers
3and employees, investigation of complaints, review of potential violations by
4appropriate authorities, and appropriate disciplinary action against violators when
5required.
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6(4) The department of administration shall prescribe a uniform, written ethics
7policy statement consistent with the requirements of this section and shall require
8all officers and employees of each department to read and acknowledge in writing
9that they have read and understand the statement.
SB588, s. 5
10Section
5. 19.59 (1) (bt) of the statutes is created to read:
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19.59
(1) (bt) No local public official and no officer or employee of a local
12governmental unit may use his or her public office or position to retaliate against any
13individual who requests approval of a permit, or who requests any other
14governmental action or service, for seeking approval of a governmental permit,
15requesting any other governmental action or service, or exercising free speech in
16connection with the individual's request or application. A violation of this paragraph
17includes an unreasonable or unjustifiable delay in the processing of a governmental
18permit application or any other appeal, plea, petition, or request for a governmental
19action, or service; an exercise of discretionary authority by an officer or employee
20with respect to a request for a governmental permit, action, or service that does not
21conform to the code of ethics governing the officer's or employee's office or position;
22the initiation of an investigation or inquiry of an individual in response to a request
23for a governmental permit, action, or service; and the libel, slander or engagement
24in any other pattern of conduct that demonstrates an intentional disregard of or
1disrespect for an individual who requests a governmental permit, action, or service
2or the individual's interests.
SB588, s. 6
3Section
6. 23.46 of the statutes is created to read:
SB588,5,6
423.46 Information about applicants' rights. (1) In this section, "approval"
5means a permit, license, or other approval issued by the department under subch.
6VI of ch. 29, subch. II of ch. 30, ch. 169, or chs. 280 to 299.
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7(2) In each office of the department at which a person may apply for or pick up
8an approval, the department shall post a sign explaining the rights of applicants for
9approvals. The department shall post the sign in a conspicuous place and print the
10sign on fluorescent colored paper in a type size of at least 16 point. The department
11shall include at least the following information on the sign:
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(a) The name of a person to whom an applicant may complain if the applicant
13believes that the department is not following the law in processing the application
14or issuing the approval or is making unreasonable demands of the applicant.
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(b) Any deadlines before which the department is required to act on an
16application.
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17(3) When a person applies for an approval at an office of the department, the
18department shall provide the applicant with an information sheet containing the
19information on the sign required under sub. (2).
SB588, s. 7
20Section
7. 66.0404 of the statutes is created to read:
SB588,5,22
2166.0404 Information about applicants' rights. (1) Definitions. In this
22section:
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(a) "Permit" means a permit, license, or other approval issued by a political
24subdivision that relates to construction, zoning, sewerage systems, or occupancy of
25a building.
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1(b) "Political subdivision" means a city, village, town, or county.
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2(2) Contents of informational signs. In every political subdivision in which
3a person may apply for or pick up a permit, the political subdivision shall post a sign
4explaining the rights of permit applicants. The political subdivision shall post the
5sign in a conspicuous place and print the sign on fluorescent colored paper in a type
6size of at least 16 point. The political subdivision shall include at least the following
7information on the sign:
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(a) The name of a person to whom an applicant may complain if the applicant
9believes that the political subdivision is not following the law in processing the
10application or issuing the permit or is making unreasonable demands of the
11applicant.
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(b) Any deadlines before which the political subdivision is required to act on an
13application.
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14(3) Information sheet. When a person applies for a permit in a political
15subdivision, the political subdivision shall provide the applicant with an information
16sheet containing the information on the sign required under sub. (2).
SB588,7,1518
(1)
Legislative findings and purpose. The legislature finds that one of the
19fundamental rights of a free society is the right of individuals to express themselves
20without intimidation or fear that they will be the target of retribution by a public
21officer or employee who disagrees with that expression. The legislature further finds
22that the citizens of this state are entitled to the assurance that each application for
23a permit or request for a governmental action or service will be treated fairly,
24reviewed without undue hostility, and processed expeditiously. The legislature
25further finds that all citizens of this state benefit from an ethical and just
1government, not only those individuals who submit applications for permits or who
2request governmental actions or permits, and that it is the function of government
3to justly and efficiently review these applications, take these actions, and administer
4these services. The legislature further finds that, consistent with good public policy,
5laws should encourage ethical administration of government, free of intimidation,
6corruption, and retribution. The legislature further finds that, to preserve
7Wisconsin's tradition of clean and open government, prevent corruption, bolster
8public trust in government, and improve public service to citizens, it is necessary to
9ensure that public officers and employees do not use their official authority to
10retaliate against citizens who, in the exercise of constitutionally protected speech,
11are critical of public officers or employees. Therefore, the legislature deems it in the
12best interests of the state to enact specific legislation prohibiting public officers and
13employees from retaliating against citizens who, in the exercise of constitutionally
14protected free speech, are critical of public officials or employees, public agencies, or
15legislative bodies.
SB588, s. 9
16Section
9.
Effective dates. This act takes effect on the day after publication,
17except as follows:
SB588,7,1918
(1)
The treatment of sections 19.459 and 23.46 of the statutes takes effect on
19the first day of the 3rd month beginning after publication.
