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LRB-3035/1
CMH:klm&amn
2017 - 2018 LEGISLATURE
June 16, 2017 - Introduced by Representatives C. Taylor, Kessler, Sargent,
Mason, Anderson, Sinicki and Ohnstad, cosponsored by Senators Risser,
Johnson and L. Taylor. Referred to Committee on State Affairs.
AB391,1,2 1An Act to create 946.12 (6) of the statutes; relating to: retaliation against a
2public employee by a public officer and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a public officer is guilty of a Class I felony if he or she initiates
or administers, or threatens to initiate or administer, an official action to retaliate
against a public employee for an action taken in the employee's official capacity, for
an exercise of the employee's rights under the first amendment to the U.S.
Constitution or under article I, section 3, of the Wisconsin Constitution, or for
making a report of fraud, waste, or mismanagement if the public officer's action has
the effect of disciplining the employee.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB391,1 3Section 1. 946.12 (6) of the statutes is created to read:
AB391,2,24 946.12 (6) Initiates or administers, or threatens to initiate or administer, an
5official action to retaliate against a public employee for an action taken in the
6employee's official capacity, for an exercise of the employee's rights under the first
7amendment to the U.S. Constitution or under article I, section 3, of the Wisconsin

1Constitution, or for making a report of fraud, waste, or mismanagement in state
2government if the effect of the public officer's action would be any of the following:
AB391,2,53 (a) Dismissal, demotion, transfer, removal of any duty assigned to the public
4employee's position, refusal to restore, suspension, reprimand, verbal or physical
5harassment, or reduction in base pay.
AB391,2,86 (b) Denial of education or training, if the education or training may reasonably
7be expected to lead to an appointment, promotion, performance evaluation, or other
8personnel action.
AB391,2,99 (c) Reassignment.
AB391,2,1110 (d) Failure to increase base pay, except with respect to the determination of a
11discretionary performance award.
AB391,2,1212 (End)
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