reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.015 - Actions by the state, municipality or district.

19.015
Actions by the state, municipality or district.
Whenever the state or any county, town, city, village, school district or technical college district is entitled to recover any damages, money, penalty or forfeiture on any official bond, the attorney general, county chairperson, town chairperson, mayor, village president, school board president or technical college district board chairperson, respectively, shall prosecute or cause to be prosecuted all necessary actions in the name of the state, or the municipality, against the officer giving the bond and the sureties for the recovery of the damages, money, penalty or forfeiture.
History:  1971 c. 154; 1983 a. 192; 1989 a. 56; 1993 a. 399.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.02 - Actions by individuals.

19.02
Actions by individuals.
Any person injured by the act, neglect or default of any officer, except the state officers, the officer's deputies or other persons which constitutes a breach of the condition of the official bond of the officer, may maintain an action in that person's name against the officer and the officer's sureties upon such bond for the recovery of any damages the person may have sustained by reason thereof, without leave and without any assignment of any such bond.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.03 - Security for costs; notice of action.

19.03
Security for costs; notice of action.
(1)
Every person commencing an action against any officer and sureties upon an official bond, except the obligee named therein, shall give security for costs by an undertaking as prescribed in s. 814.28 (3), and a copy thereof shall be served upon the defendants at the time of the service of the summons. In all such actions if final judgment is rendered against the plaintiff the same may be entered against the plaintiff and the sureties to such undertaking for all the lawful costs and disbursements of the defendants in such action, by whatever court awarded.
(2)
The plaintiff in any such action shall, within 10 days after the service of the summons therein, deliver a notice of the commencement of such action to the officer who has the legal custody of such official bond, who shall file the same in his or her office in connection with such bond.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1975 c. 218; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.04 - Other actions on same bond.

19.04
Other actions on same bond.
No action brought upon an official bond shall be barred or dismissed by reason merely that any former action shall have been prosecuted on such bond, but any payment of damages made or collected from the sureties or any of them on any judgment in an action previously begun by any party on such bond shall be applied as a total or partial discharge of the penal sum of such bond, and such defense or partial defense may be pleaded by answer or supplemental answer as may be proper. The verdict and judgment in every such action shall be for no more than the actual damages sustained or damages, penalty or forfeiture awarded, besides costs. The court may, when it shall be necessary for the protection of such sureties, stay execution on any judgment rendered in such actions until the final determination of any actions so previously commenced and until the final determination of any other action commenced before judgment entered in any such action.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.05 - Execution; lien of judgment.

19.05
Execution; lien of judgment.
(1)
Whenever a judgment is rendered against any officer and the officer's sureties on the officer's official bond in any court other than the circuit court of the county in which the officer's official bond is filed, no execution for the collection of the judgment shall issue from the other court unless the plaintiff, the plaintiff's agent or the plaintiff's attorney shall make and file with the court an affidavit showing each of the following:
(a)
That no other judgment has been rendered in any court in an action upon the officer's bond against the sureties of the bond that remains in whole or in part unpaid.
(b)
That no other action upon the officer's bond against the sureties was pending and undetermined in any other court at the time of the entry of the judgment.
(2)
A transcript of a judgment described in sub. (1) may be entered in the judgment and lien docket in other counties, shall constitute a lien, and may be enforced, in all respects the same as if it were an ordinary judgment, for the recovery of money, except as provided otherwise in sub. (1).
History:  1991 a. 316; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.06 - Sureties, how relieved.

19.06
Sureties, how relieved.
Whenever several judgments shall be recovered against the sureties on any official bond in actions which shall have been commenced before the date of the entry of the last of such judgments the aggregate of which, exclusive of costs, shall exceed the sum for which such sureties remain liable at the time of the commencement of such actions, they may discharge themselves from all further liability upon such judgments by paying into court the sum for which they are then liable, together with the costs recovered on such judgments; or the court may, upon motion supported by affidavit, order that no execution for more than a proportional share of such judgments shall be issued thereon against the property of such sureties or either of them and that upon payment or collection of such proportional share they shall be discharged from the judgment or judgments upon which such proportional share shall be paid or collected. When the money is paid into court by the sureties as above specified the same, exclusive of the costs so paid in, shall be distributed by an order of the court to the several plaintiffs in such judgments in proportion to the amount of their respective judgments. But every judgment shall have precedence of payment over all judgments in other actions commenced after the date of the recovery of such judgment.
History:  1979 c. 110 s. 60 (11).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.07 - Bonds of public officers and employees.

19.07
Bonds of public officers and employees.
(1)
Civil service employees; blanket bonds.
(a)
The surety bond of any civil service employee of a city, village, town or county may be canceled in the manner provided by sub. (3).
(b)
Any number of officers, department heads or employees may be combined in a schedule or blanket bond, where such bond is to be filed in the same place, and in the event such bond is executed by a corporate surety company, payment of the premium therefor is to be made from the same fund or appropriation prescribed in s. 19.01.
(2)
Continuation of obligation. Unless canceled pursuant to this section, every such bond shall continue in full force and effect.
(3)
Cancellation of bond.
(a)
Any city, village, town or county by their respective governing body may cancel such bond or bonds of any one employee or any number of employees by giving written notice to the surety by registered mail, such cancellation to be effective 15 days after receipt of such notice.
(b)
When a surety, either personal or corporate, on such bond, shall desire to be released from such bond, the surety may give notice in writing that the surety desires to be released by giving written notice by registered mail, to the clerk of the respective city, village, town or county, and such cancellation shall be permitted if approved by the governing body thereof, such cancellation to be effective 15 days after receipt of such notice. This section shall not be construed to operate as a release of the sureties for liabilities incurred previous to the expiration of the 15 days' notice.
(c)
Whenever a surety bond is canceled in the manner provided by this section, a proportional refund shall be made of the premium paid thereon.
History:  1979 c. 110 s. 60 (11); 1991 a. 316; 1993 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.10 - Oaths.

19.10
Oaths.
Each of the officers enumerated in s. 8.25 (4) (a) or (5) shall take and subscribe the oath of office prescribed by article IV, section 28, of the constitution, as follows: The governor and lieutenant governor, before entering upon the duties of office; the secretary of state, treasurer, attorney general, state superintendent and each district attorney, within 20 days after receiving notice of election and before entering upon the duties of office.
History:  1983 a. 192; 1989 a. 31; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.11 - Official bonds.

19.11
Official bonds.
(1)
The secretary of state and treasurer shall each furnish a bond to the state, at the time each takes and subscribes the oath of office required of that officer, conditioned for the faithful discharge of the duties of the office, and the officer's duties as a member of the board of commissioners of public lands, and in the investment of the funds arising therefrom. The bond of each of said officers shall be further conditioned for the faithful performance by all persons appointed or employed by the officer in his or her office of their duties and trusts therein, and for the delivery over to the officer's successor in office, or to any person authorized by law to receive the same, of all moneys, books, records, deeds, bonds, securities and other property and effects of whatsoever nature belonging to the officer's offices.
(2)
Each of said bonds shall be subject to the approval of the governor and shall be guaranteed by resident freeholders of this state, or by a surety company as provided in s. 632.17 (2). The amount of each such bond, and the number of sureties thereon if guaranteed by resident freeholders, shall be as follows: secretary of state, $25,000, with sufficient sureties; and treasurer, $100,000, with not less than 6 sureties.
(3)
The treasurer shall give an additional bond when required by the governor.
(4)
The governor shall require the treasurer to give additional bond, within such time, in such reasonable amount not exceeding the funds in the treasury, and with such security as the governor shall direct and approve, whenever the funds in the treasury exceed the amount of the treasurer's bond; or whenever the governor deems the treasurer's bond insufficient by reason of the insolvency, death or removal from the state of any of the sureties, or from any other cause.
History:  1975 c. 375 s. 44; 1991 a. 316; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.12 - Bond premiums payable from public funds.

19.12
Bond premiums payable from public funds.
Any public officer required by law to give a suretyship obligation may pay the lawful premium for the execution of the obligation out of any moneys available for the payment of expenses of the office or department, unless payment is otherwise provided for or is prohibited by law.
History:  1977 c. 339.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.22 - Proceedings to compel the delivery of official property.

19.22
Proceedings to compel the delivery of official property.
(1)
If any public officer refuses or neglects to deliver to his or her successor any official property or things as required in s. 19.21, or if the property or things shall come to the hands of any other person who refuses or neglects, on demand, to deliver them to the successor in the office, the successor may make complaint to any circuit judge for the county where the person refusing or neglecting resides. If the judge is satisfied by the oath of the complainant and other testimony as may be offered that the property or things are withheld, the judge shall grant an order directing the person so refusing to show cause, within some short and reasonable time, why the person should not be compelled to deliver the property or things.
(2)
At the time appointed, or at any other time to which the matter may be adjourned, upon due proof of service of the order issued under sub. (1), if the person complained against makes affidavit before the judge that the person has delivered to the person's successor all of the official property and things in the person's custody or possession pertaining to the office, within the person's knowledge, the person complained against shall be discharged and all further proceedings in the matter before the judge shall cease.
(3)
If the person complained against does not make such affidavit the matter shall proceed as follows:
(a)
The judge shall inquire further into the matters set forth in the complaint, and if it appears that any such property or things are withheld by the person complained against the judge shall by warrant commit the person complained against to the county jail, there to remain until the delivery of such property and things to the complainant or until the person complained against be otherwise discharged according to law.
(b)
If required by the complainant the judge shall also issue a warrant, directed to the sheriff or any constable of the county, commanding the sheriff or constable in the daytime to search such places as shall be designated in such warrant for such official property and things as were in the custody of the officer whose term of office expired or whose office became vacant, or of which the officer was the legal custodian, and seize and bring them before the judge issuing such warrant.
(c)
When any such property or things are brought before the judge by virtue of such warrant, the judge shall inquire whether the same pertain to such office, and if it thereupon appears that the property or things pertain thereto the judge shall order the delivery of the property or things to the complainant.
History:  1977 c. 449; 1991 a. 316; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.23 - Transfer of records or materials to historical society.

19.23
Transfer of records or materials to historical society.
(1)
Any public records, in any state office, that are not required for current use may, in the discretion of the public records board, be transferred into the custody of the historical society, as provided in s. 16.61.
(2)
The proper officer of any county, city, village, town, school district or other local governmental unit, may under s. 44.09 (1) offer title and transfer custody to the historical society of any records deemed by the society to be of permanent historical importance.
(3)
The proper officer of any court may, on order of the judge of that court, transfer to the historical society title to such court records as have been photographed or microphotographed or which have been on file for at least 75 years, and which are deemed by the society to be of permanent historical value.
(4)
Any other articles or materials which are of historic value and are not required for current use may, in the discretion of the department or agency where such articles or materials are located, be transferred into the custody of the historical society as trustee for the state, and shall thereupon become part of the permanent collections of said society.
History:  1975 c. 41 s. 52; 1981 c. 350 s. 13; 1985 a. 180 s. 30m; 1987 a. 147 s. 25; 1991 a. 226; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.24 - Refusal to deliver money, etc., to successor.

19.24
Refusal to deliver money, etc., to successor.
Any public officer whatever, in this state, who shall, at the expiration of the officer's term of office, refuse or willfully neglect to deliver, on demand, to the officer's successor in office, after such successor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to the office and in the officer's hands or under the officer's control by virtue thereof, shall be imprisoned not more than 6 months or fined not more than $100.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.25 - State officers may require searches, etc., without fees.

19.25
State officers may require searches, etc., without fees.
The secretary of state, treasurer and attorney general, respectively, are authorized to require searches in the respective offices of each other and in the offices of the clerk of the supreme court, of the court of appeals, of the circuit courts, of the registers of deeds for any papers, records or documents necessary to the discharge of the duties of their respective offices, and to require copies thereof and extracts therefrom without the payment of any fee or charge whatever.
History:  1977 c. 187, 449.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.33 - Legal custodians.

19.33
Legal custodians.
(1)
An elective official is the legal custodian of his or her records and the records of his or her office, but the official may designate an employee of his or her staff to act as the legal custodian.
(2)
The chairperson of a committee of elective officials, or the designee of the chairperson, is the legal custodian of the records of the committee.
(3)
The cochairpersons of a joint committee of elective officials, or the designee of the cochairpersons, are the legal custodians of the records of the joint committee.
(4)
Every authority not specified in subs. (1) to (3) shall designate in writing one or more positions occupied by an officer or employee of the authority or the unit of government of which it is a part as a legal custodian to fulfill its duties under this subchapter. In the absence of a designation the authority's highest ranking officer and the chief administrative officer, if any, are the legal custodians for the authority. The legal custodian shall be vested by the authority with full legal power to render decisions and carry out the duties of the authority under this subchapter. Each authority shall provide the name of the legal custodian and a description of the nature of his or her duties under this subchapter to all employees of the authority entrusted with records subject to the legal custodian's supervision.
(5)
Notwithstanding sub. (4), if an authority specified in sub. (4) or the members of such an authority are appointed by another authority, the appointing authority may designate a legal custodian for records of the authority or members of the authority appointed by the appointing authority, except that if such an authority is attached for administrative purposes to another authority, the authority performing administrative duties shall designate the legal custodian for the authority for whom administrative duties are performed.
(6)
The legal custodian of records maintained in a publicly owned or leased building or the authority appointing the legal custodian shall designate one or more deputies to act as legal custodian of such records in his or her absence or as otherwise required to respond to requests as provided in s. 19.35 (4). This subsection does not apply to members of the legislature or to members of any local governmental body.
(7)
The designation of a legal custodian does not affect the powers and duties of an authority under this subchapter.
(8)
No elective official of a legislative body has a duty to act as or designate a legal custodian under sub. (4) for the records of any committee of the body unless the official is the highest ranking officer or chief administrative officer of the committee or is designated the legal custodian of the committee's records by rule or by law.
History:  1981 c. 335; 2013 a. 171.
The right to privacy law, s. 895.50 [now s. 995.50], does not affect the duties of a custodian of public records under former s. 19.21, 1977 stats. 68 Atty. Gen. 68.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.34 - Procedural information; access times and locations.

19.34
Procedural information; access times and locations.
(1)
Each authority shall adopt, prominently display and make available for inspection and copying at its offices, for the guidance of the public, a notice containing a description of its organization and the established times and places at which, the legal custodian under s. 19.33 from whom, and the methods whereby, the public may obtain information and access to records in its custody, make requests for records, or obtain copies of records, and the costs thereof. The notice shall also separately identify each position of the authority that constitutes a local public office or a state public office. This subsection does not apply to members of the legislature or to members of any local governmental body.
(2)
(a)
Each authority which maintains regular office hours at the location where records in the custody of the authority are kept shall permit access to the records of the authority at all times during those office hours, unless otherwise specifically authorized by law.
(b)
Each authority which does not maintain regular office hours at the location where records in the custody of the authority are kept shall:
1.
Permit access to its records upon at least 48 hours' written or oral notice of intent to inspect or copy a record; or
2.
Establish a period of at least 2 consecutive hours per week during which access to the records of the authority is permitted. In such case, the authority may require 24 hours' advance written or oral notice of intent to inspect or copy a record.
(c)
An authority imposing a notice requirement under par. (b) shall include a statement of the requirement in its notice under sub. (1), if the authority is required to adopt a notice under that subsection.
(d)
If a record of an authority is occasionally taken to a location other than the location where records of the authority are regularly kept, and the record may be inspected at the place at which records of the authority are regularly kept upon one business day's notice, the authority or legal custodian of the record need not provide access to the record at the occasional location.
History:  1981 c. 335; 2003 a. 47; 2013 a. 171.
NOTE:  2003 Wis. Act 47, which affects this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.345 - Time computation.

19.345
Time computation.
In ss. 19.33 to 19.39, when a time period is provided for performing an act, whether the period is expressed in hours or days, the whole of Saturday, Sunday, and any legal holiday, from midnight to midnight, shall be excluded in computing the period.
History:  2003 a. 47.
NOTE:  2003 Wis. Act 47, which creates this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.41 - Declaration of policy.

19.41
Declaration of policy.
(1)
It is declared that high moral and ethical standards among state public officials and state employees are essential to the conduct of free government; that the legislature believes that a code of ethics for the guidance of state public officials and state employees will help them avoid conflicts between their personal interests and their public responsibilities, will improve standards of public service and will promote and strengthen the faith and confidence of the people of this state in their state public officials and state employees.
(2)
It is the intent of the legislature that in its operations the commission shall protect to the fullest extent possible the rights of individuals affected.
History:  1973 c. 90; Stats. 1973 s. 11.01; 1973 c. 334 s. 33; Stats. 1973 s. 19.41; 1977 c. 277; 2015 a. 118 s. 266 (10).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.451 - Discounts at certain stadiums.

19.451
Discounts at certain stadiums.
No person serving in a national, state or local office, as defined in s. 5.02, may accept any discount on the price of admission or parking charged to members of the general public, including any discount on the use of a sky box or private luxury box, at a stadium that is exempt from general property taxes under s. 70.11 (36).
History:  1991 a. 37.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.50 - Unauthorized release of records or information.

19.50
Unauthorized release of records or information.
(1)
Except as specifically authorized by law and except as provided in sub. (2), no investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission may disclose information related to an investigation or prosecution under ch. 11, subch. III of ch. 13, or this subchapter or any other law specified in s. 978.05 (1) or (2) or provide access to any record of the investigator, prosecutor, or the commission that is not subject to access under s. 19.55 (3) to any person other than an employee or agent of the prosecutor or investigator or a member, employee, or agent of the commission prior to presenting the information or record in a court of law.
(2)
This section does not apply to any of the following communications made by an investigator, prosecutor, employee of an investigator or prosecutor, or member or employee of the commission:
(a)
Communications made in the normal course of an investigation or prosecution.
(b)
Communications with a local, state, or federal law enforcement or prosecutorial authority.
(c)
Communications made to the attorney of an investigator, prosecutor, employee, or member of the commission or to a person or the attorney of a person who is investigated or prosecuted by the commission.
History:  2015 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.552 - Action to compel compliance.

19.552
Action to compel compliance.
Whenever a violation of the laws regulating campaign financing occurs or is proposed to occur, the attorney general or the district attorney of the county where the violation occurs or is proposed to occur may sue for injunctive relief, a writ of mandamus or prohibition, or other such legal or equitable relief as may be appropriate to compel compliance with the law. No bond is required in such actions.
History:  2015 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.554 - Petition for enforcement.

19.554
Petition for enforcement.
In addition to or in lieu of filing a complaint, any elector may file a verified petition alleging such facts as are within his or her knowledge to indicate that an election official has failed or is failing to comply with any law regulating campaign financing or proposes to act in a manner inconsistent with such a law, and requesting that an action be commenced for injunctive relief, a writ of mandamus or prohibition or other such legal or equitable relief as may be appropriate to compel compliance with the law. The petition shall be filed with the district attorney for the county having jurisdiction to prosecute the alleged failure to comply under s. 978.05 (1) and (2). The district attorney may then commence the action or dismiss the petition. If the district attorney declines to act upon the petition or if the district attorney fails to act upon the petition within 15 days of the date of filing, the petitioner may file the same petition with the attorney general, who may then commence the action.
History:  2015 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.57 - Conferences, visits and economic development activities.

19.57
Conferences, visits and economic development activities.
The Wisconsin Economic Development Corporation shall file a report with the commission no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation during the preceding calendar year for a purpose specified in s. 19.56 (3) (e), and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
History:  1991 a. 39; 1995 a. 27 s. 9116 (5); 2011 a. 32; 2015 a. 118 s. 266 (10).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.575 - Tourism activities.

19.575
Tourism activities.
The department of tourism shall file a report with the commission no later than April 30 annually, specifying the source and amount of anything of value received by the department of tourism during the preceding calendar year for a purpose specified in s. 19.56 (3) (em) and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.
History:  1995 a. 27; 2015 a. 118 s. 266 (10).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.579 - Civil penalties.

19.579
Civil penalties.
(1)
Except as provided in sub. (2), any person who violates this subchapter may be required to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter. If the court determines that the accused has realized economic gain as a result of the violation, the court may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the court determines that a state public official has violated s. 19.45 (13), the court may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the court determines that a state public official has violated s. 19.45 (13) and no political contribution, service, or other thing of value was obtained, the court may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.1101 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the commission, shall institute proceedings to recover any forfeiture incurred under this section which is not paid by the person against whom it is assessed.
(2)
Any person who violates s. 19.45 (13) may be required to forfeit not more than $5,000.
History:  2003 a. 39; 2007 a. 1 ss. 121, 130, 131; 2015 a. 117; 2015 a. 118 s. 266 (10).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.58 - Criminal penalties.

19.58
Criminal penalties.
(1)
(a)
Any person who intentionally violates any provision of this subchapter except s. 19.45 (13) 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.
(b)
Any person who intentionally violates s. 19.45 (13) or 19.59 (1) (br) is guilty of a Class I felony.
(2)
The penalties under sub. (1) do not limit the power of either house of the legislature to discipline its own members or to impeach a public official, or limit the power of a department to discipline its state public officials or employees.
(3)
In this section “intentionally" has the meaning given under s. 939.23.
(4)
A person who violates s. 19.50 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1973 c. 90; Stats. 1973 s. 11.10; 1973 c. 334 ss. 33, 57, 58; Stats. 1973 s. 19.50; 1975 c. 200; 1977 c. 277 ss. 34, 37; Stats. 1977 s. 19.58; 2003 a. 39; 2015 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.62 - Definitions.

19.62
Definitions.
In this subchapter:
(1)
“Authority" has the meaning specified in s. 19.32 (1).
(2)
“Internet protocol address" means an identifier for a computer or device on a transmission control protocol-Internet protocol network.
(3)
“Matching program" means the computerized comparison of information in one records series to information in another records series for use by an authority or a federal agency to establish or verify an individual's eligibility for any right, privilege or benefit or to recoup payments or delinquent debts under programs of an authority or federal agency.
(5)
“Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
(6)
“Record" has the meaning specified in s. 19.32 (2).
(7)
“Records series" means records that are arranged under a manual or automated filing system, or are kept together as a unit, because they relate to a particular subject, result from the same activity or have a particular form.
(8)
“State authority" means an authority that is a state elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, rule or order; a state governmental or quasi-governmental corporation; the supreme court or court of appeals; or the assembly or senate.
History:  1991 a. 39; 1993 a. 215; 1995 a. 27; 1997 a. 79; 2001 a. 16; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.65 - Rules of conduct; employee training; and security.

19.65
Rules of conduct; employee training; and security.
An authority shall do all of the following:
(1)
Develop rules of conduct for its employees who are involved in collecting, maintaining, using, providing access to, sharing or archiving personally identifiable information.
(2)
Ensure that the persons identified in sub. (1) know their duties and responsibilities relating to protecting personal privacy, including applicable state and federal laws.
History:  1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.67 - Data collection.

19.67
Data collection.
(1)
Collection from data subject or verification. An authority that maintains personally identifiable information that may result in an adverse determination about any individual's rights, benefits or privileges shall, to the greatest extent practicable, do at least one of the following:
(a)
Collect the information directly from the individual.
(b)
Verify the information, if collected from another person.
History:  1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.68 - Collection of personally identifiable information from Internet users.

19.68
Collection of personally identifiable information from Internet users.
No state authority that maintains an Internet site may use that site to obtain personally identifiable information from any person who visits that site without the consent of the person from whom the information is obtained. This section does not apply to acquisition of Internet protocol addresses.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.69 - Computer matching.

19.69
Computer matching.
(1)
Matching specification. A state authority may not use or allow the use of personally identifiable information maintained by the state authority in a match under a matching program, or provide personally identifiable information for use in a match under a matching program, unless the state authority has specified in writing all of the following for the matching program:
(a)
The purpose and legal authority for the matching program.
(b)
The justification for the program and the anticipated results, including an estimate of any savings.
(c)
A description of the information that will be matched.
(2)
Copy to public records board. A state authority that prepares a written specification of a matching program under sub. (1) shall provide to the public records board a copy of the specification and any subsequent revision of the specification within 30 days after the state authority prepares the specification or the revision.
(3)
Notice of adverse action.
(a)
Except as provided under par. (b), a state authority may not take an adverse action against an individual as a result of information produced by a matching program until after the state authority has notified the individual, in writing, of the proposed action.
(b)
A state authority may grant an exception to par. (a) if it finds that the information in the records series is sufficiently reliable.
(4)
Nonapplicability. This section does not apply to any matching program established between the secretary of transportation and the commissioner of the federal social security administration pursuant to an agreement specified under s. 85.61 (2).
History:  1991 a. 39, 269; 1995 a. 27; 2003 a. 265.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.70 - Rights of data subject to challenge; authority corrections.

19.70
Rights of data subject to challenge; authority corrections.
(1)
Except as provided under sub. (2), an individual or person authorized by the individual may challenge the accuracy of a record containing personally identifiable information pertaining to the individual that is maintained by an authority if the individual is authorized to inspect the record under s. 19.35 (1) (a) or (am) and the individual notifies the authority, in writing, of the challenge. After receiving the notice, the authority shall do one of the following:
(a)
Concur with the challenge and correct the information.
(b)
Deny the challenge, notify the individual or person authorized by the individual of the denial and allow the individual or person authorized by the individual to file a concise statement setting forth the reasons for the individual's disagreement with the disputed portion of the record. A state authority that denies a challenge shall also notify the individual or person authorized by the individual of the reasons for the denial.
(2)
This section does not apply to any of the following records:
(a)
Any record transferred to an archival depository under s. 16.61 (13).
(b)
Any record pertaining to an individual if a specific state statute or federal law governs challenges to the accuracy of the record.
History:  1991 a. 269 ss. 27d, 27e, 35am, 37am, 39am; 2013 a. 171 s. 16; Stats. 2013 s. 19.70.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.71 - Sale of names or addresses.

19.71
Sale of names or addresses.
An authority may not sell or rent a record containing an individual's name or address of residence, unless specifically authorized by state law. The collection of fees under s. 19.35 (3) is not a sale or rental under this section.
History:  1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.77 - Summary of case law and attorney general opinions.

19.77
Summary of case law and attorney general opinions.
Annually, the attorney general shall summarize case law and attorney general opinions relating to due process and other legal issues involving the collection, maintenance, use, provision of access to, sharing or archiving of personally identifiable information by authorities. The attorney general shall provide the summary, at no charge, to interested persons.
History:  1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.80 - Penalties.

19.80
Penalties.
(2)
Employee discipline. Any person employed by an authority who violates this subchapter may be discharged or suspended without pay.
(3)
Penalties.
(a)
Any person who willfully collects, discloses or maintains personally identifiable information in violation of federal or state law may be required to forfeit not more than $500 for each violation.
(b)
Any person who willfully requests or obtains personally identifiable information from an authority under false pretenses may be required to forfeit not more than $500 for each violation.
History:  1991 a. 39, 269.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.83 - Meetings of governmental bodies.

19.83
Meetings of governmental bodies.
(1)
Every meeting of a governmental body shall be preceded by public notice as provided in s. 19.84, and shall be held in open session. At any meeting of a governmental body, all discussion shall be held and all action of any kind, formal or informal, shall be initiated, deliberated upon and acted upon only in open session except as provided in s. 19.85.
(2)
During a period of public comment under s. 19.84 (2), a governmental body may discuss any matter raised by the public.
History:  1975 c. 426; 1997 a. 123.
When a quorum of a governmental body attends the meeting of another governmental body when any one of the members is not also a member of the second body, the gathering is a “meeting" unless the gathering is social or by chance. State ex rel. Badke v. Village Board, 173 Wis. 2d 553, 494 N.W.2d 408 (1993).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.851 - Closed sessions by ethics or elections commission.

19.851
Closed sessions by ethics or elections commission.
(1)
Prior to convening under this section or under s. 19.85 (1), the ethics commission and the elections commission shall vote to convene in closed session in the manner provided in s. 19.85 (1). The ethics commission shall identify the specific reason or reasons under sub. (2) and s. 19.85 (1) (a) to (h) for convening in closed session. The elections commission shall identify the specific reason or reasons under s. 19.85 (1) (a) to (h) for convening in closed session. No business may be conducted by the ethics commission or the elections commission at any closed session under this section except that which relates to the purposes of the session as authorized in this section or as authorized in s. 19.85 (1).
(2)
The commission shall hold each meeting of the commission for the purpose of deliberating concerning an investigation of any violation of the law under the jurisdiction of the commission in closed session under this section.
History:  2007 a. 1; 2015 a. 118.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.86 - Notice of collective bargaining negotiations.

19.86
Notice of collective bargaining negotiations.
Notwithstanding s. 19.82 (1), where notice has been given by either party to a collective bargaining agreement under subch. I, IV, or V of ch. 111 to reopen such agreement at its expiration date, the employer shall give notice of such contract reopening as provided in s. 19.84 (1) (b). If the employer is not a governmental body, notice shall be given by the employer's chief officer or such person's designee.
History:  1975 c. 426; 1987 a. 305; 1993 a. 215; 1995 a. 27; 2007 a. 20; 2009 a. 28; 2011 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.87 - Legislative meetings.

19.87
Legislative meetings.
This subchapter shall apply to all meetings of the senate and assembly and the committees, subcommittees and other subunits thereof, except that:
(1)
Section 19.84 shall not apply to any meeting of the legislature or a subunit thereof called solely for the purpose of scheduling business before the legislative body; or adopting resolutions of which the sole purpose is scheduling business before the senate or the assembly.
(2)
No provision of this subchapter which conflicts with a rule of the senate or assembly or joint rule of the legislature shall apply to a meeting conducted in compliance with such rule.
(3)
No provision of this subchapter shall apply to any partisan caucus of the senate or any partisan caucus of the assembly, except as provided by legislative rule.
(4)
Meetings of the senate or assembly committee on organization under s. 71.78 (4) (c) or 77.61 (5) (b) 3. shall be closed to the public.
History:  1975 c. 426; 1977 c. 418; 1987 a. 312 s. 17.
Former open meetings law, s. 66.74 (4) (g), 1973 stats., that excepted “partisan caucuses of the members" of the state legislature from coverage of the law applied to a closed meeting of the members of one political party on a legislative committee to discuss a bill. The contention that this exception was only intended to apply to the partisan caucuses of the whole houses would have been supportable if the exception were simply for “partisan caucuses of the state legislature" rather than partisan caucuses of members of the state legislature. State ex rel. Lynch v. Conta, 71 Wis. 2d 662, 239 N.W.2d 313 (1976).
In contrast to former s. 66.74 (4) (g), 1973 stats., sub. (3) applies to partisan caucuses of the houses, rather than to caucuses of members of the houses. State ex rel. Newspapers Inc. v. Showers, 135 Wis. 2d 77, 398 N.W.2d 154 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.88 - Ballots, votes and records.

19.88
Ballots, votes and records.
(1)
Unless otherwise specifically provided by statute, no secret ballot may be utilized to determine any election or other decision of a governmental body except the election of the officers of such body in any meeting.
(2)
Except as provided in sub. (1) in the case of officers, any member of a governmental body may require that a vote be taken at any meeting in such manner that the vote of each member is ascertained and recorded.
(3)
The motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection to the extent prescribed in subch. II of ch. 19.
History:  1975 c. 426; 1981 c. 335 s. 26.
The plaintiff newspaper argued that sub. (3), which requires “the motions and roll call votes of each meeting of a governmental body shall be recorded, preserved and open to public inspection," in turn, required the defendant commission to record and disclose the information the newspaper requested under the open records law. The newspaper could not seek relief under the public records law for the commission's alleged violation of the open meetings law and could not recover reasonable attorney fees, damages, and other actual costs under s. 19.37 (2) for an alleged violation of the open meetings law. Journal Times v. City of Racine Board of Police & Fire Commissioners, 2015 WI 56, 362 Wis. 2d 577, 866 N.W.2d 563, 13-1715.
Under sub. (1), a common council may not vote to fill a vacancy on the common council by secret ballot. 65 Atty. Gen. 131.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.89 - Exclusion of members.

19.89
Exclusion of members.
No duly elected or appointed member of a governmental body may be excluded from any meeting of such body. Unless the rules of a governmental body provide to the contrary, no member of the body may be excluded from any meeting of a subunit of that governmental body.
History:  1975 c. 426.
2023 Wisconsin Statutes & Annotations › Chapter 19 - General duties of public officials. › 19.90 - Use of equipment in open session.

19.90
Use of equipment in open session.
Whenever a governmental body holds a meeting in open session, the body shall make a reasonable effort to accommodate any person desiring to record, film or photograph the meeting. This section does not permit recording, filming or photographing such a meeting in a manner that interferes with the conduct of the meeting or the rights of the participants.
History:  1977 c. 322.