LRB-2762/1
JTK:jrd:km
1995 - 1996 LEGISLATURE
March 15, 1995 - Introduced by Representatives Kreibich, Jensen, Freese,
Dobyns, Musser, Lehman, Vrakas, Nass, Ladwig, Skindrud, Albers, Ward,
Schneiders, Huebsch, Ainsworth, Owens, Hahn, Goetsch, Zukowski, Walker,
Olsen and Seratti, cosponsored by Senators Schultz, Darling and Buettner.
Referred to Committee on Government Operations.
AB206,1,5
1An Act to repeal 13.04 (1) (title) and 13.04 (2);
to renumber 13.04 (1) (a) to (d);
2to renumber and amend 13.04 (1) (e) and 16.417 (2);
to amend 16.417 (title)
3and 16.417 (1) (b);
to repeal and recreate 16.417 (1) (a); and
to create 16.417
4(1) (c) and 16.417 (2) (b) of the statutes;
relating to: service by elective state
5officials in other salaried state positions.
Analysis by the Legislative Reference Bureau
Currently, under the common law doctrine of compatibility of offices, an elective
state official may hold another state position if the nature and duties of the position
are not such as to make it improper from considerations of public policy for an elective
state official to hold that position, except that no member of the legislature may,
during the term for which the member was elected, be appointed or elected to any
civil office which was created or the emoluments of which have been increased during
the term for which the member was elected. A member of the legislature who is
appointed to or employed in another compatible salaried state position may be paid
only that part of the salary for the position which exceeds the salary paid to the
member as a legislator.
Currently, no individual who is employed or retained in a full-time position or
capacity with a state agency or authority, except the world dairy center authority,
may hold any other position or be retained in any other capacity with a state agency
or with such an authority from which the individual receives, directly or indirectly,
more than $12,000 from the agency or authority as compensation for the individual's
services during the same year. The law does not apply to an individual who has a
full-time appointment for less than 12 months, during a period of time that is not
included in the appointment.
This bill prohibits, subject to the current exception, any elective state official
from holding any other position or being retained in any other capacity with any
agency or authority, except an unsalaried position or unpaid service with an agency
or authority that is compatible with the official's duties, the emoluments of which are
limited to reimbursement for actual and necessary expenses incurred in the
performance of those duties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB206, s. 1
1Section
1. 13.04 (1) (title) of the statutes is repealed.
AB206, s. 2
2Section
2. 13.04 (1) (a) to (d) of the statutes are renumbered 13.04 (1) to (4).
AB206, s. 3
3Section
3. 13.04 (1) (e) of the statutes is renumbered 13.04 (5) and amended
4to read:
AB206,2,115
13.04
(5) Nothing in this
subsection
section shall prevent the concurrent
6appointment of an incumbent legislator to an unsalaried part-time state position
7created during the legislator's current legislative term when the emoluments for
8such position are limited to reimbursement for actual and necessary expenses
9incurred in the performance of the duties of the position and when the duties of such
10position are not incompatible with the legislator's duties as a member of the
11legislature.
AB206, s. 4
12Section
4. 13.04 (2) of the statutes is repealed.
AB206, s. 5
13Section
5. 16.417 (title) of the statutes is amended to read:
AB206,2,14
1416.417 (title)
Limitation on Dual employment or retention.
AB206, s. 6
15Section
6. 16.417 (1) (a) of the statutes is repealed and recreated to read:
AB206,2,2016
16.417
(1) (a) "Agency" means an office, department, independent agency,
17institution of higher education, association, society or other body in state
18government created or authorized to be created by the constitution or any law, which
19is entitled to expend moneys appropriated by law, including the legislature and the
20courts, but not including an authority.
AB206, s. 7
1Section
7. 16.417 (1) (b) of the statutes is amended to read:
AB206,3,32
16.417
(1) (b) "Authority" means a body created under ch. 231, 232
or, 234
or
3235.
AB206, s. 8
4Section
8. 16.417 (1) (c) of the statutes is created to read:
AB206,3,55
16.417
(1) (c) "Elective state official" has the meaning given in s. 13.62 (6).
AB206, s. 9
6Section
9. 16.417 (2) of the statutes is renumbered 16.417 (2) (a) and amended
7to read:
AB206,3,138
16.417
(2) (a) No individual
other than an elective state official who is
9employed or retained in a full-time position or capacity with an agency or authority
10may hold any other position or be retained in any other capacity with an agency or
11authority from which the individual receives, directly or indirectly, more than
12$12,000 from the agency or authority as compensation for the individual's services
13during the same year.
AB206,3,15
14(c) No agency or authority may employ any individual or enter into any contract
15in violation of this subsection.
AB206,3,19
16(d) The department shall annually check to assure that no individual violates
17this subsection. The department shall order any individual whom it finds to be in
18violation of this subsection to forfeit that portion of the economic gain that the
19individual realized in violation of this subsection.
AB206,3,22
20(e) The attorney general, when requested by the department, shall institute
21proceedings to recover any forfeiture incurred under this subsection which is not
22paid by the individual against whom it is assessed.
AB206,3,25
23(f) This subsection does not apply to an individual who has a full-time
24appointment for less than 12 months, during any period of time that is not included
25in the appointment.
AB206, s. 10
1Section
10. 16.417 (2) (b) of the statutes is created to read:
AB206,4,62
16.417
(2) (b) No elective state official may hold any other position or be
3retained in any other capacity with an agency or authority, except an unsalaried
4position or unpaid service with an agency or authority that is compatible with the
5official's duties, the emoluments of which are limited to reimbursement for actual
6and necessary expenses incurred in the performance of those duties.
