AB644: Bill Text

LRB-3170/3

JTK:jlg:kjf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 644

January 11, 2000 - Introduced by Representatives Black, Pocan, Bock, Richards, La Fave, J. Lehman, Berceau and Miller, cosponsored by Senators Baumgart and Robson. Referred to Committee on Campaigns and Elections.

AB644,1,5 An Act to amend 13.62 (10g), 13.62 (10r), 13.62 (11), 13.621 (1) (a), 13.64 (3), 13.68 (1) (a) (intro.), 1., 3., 4., 5. and 6., 13.68 (1) (b), 13.68 (1) (c) (intro.), 2. and (e), 13.68 (2) (a), 13.68 (3), 13.68 (5), 13.68 (6) and 13.685 (7); and to create 13.64 (1) (f) of the statutes; relating to: registration and reporting by principals who attempt to influence certain actions of state agencies.

Analysis by the Legislative Reference Bureau

Currently, every principal (person who employs a lobbyist) must register with the state ethics board and file semiannual reports of lobbying expenditures and certain other information concerning any attempts by the principal to influence state legislative action or rule making by state agencies, unless the principal is exempted from registration or reporting under a statutory exemption. Lobbyists must supply to their principals the information required for the principals to prepare their reports.

This bill requires registration and reporting, in addition, by any principal, other than a state agency, who or which attempts to influence any other official action of a state agency, unless the principal is exempted from registration or reporting under a current statutory exemption. Under the bill, a person who or which does not attempt to influence state legislative action or rule making by state agencies is not subject to registration or reporting requirements.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB644, s. 1 Section 1. 13.62 (10g) of the statutes is amended to read:

AB644,2,7 13.62 (10g) "Lobbying communication" means an oral or written communication with any agency official, elective state official or legislative employe that attempts to influence legislative or administrative action, or in the case of a principal who is subject to a registration requirement under s. 13.64 (1), that attempts to influence official action under sub. (10r), unless the communication is exempted under s. 13.621.

AB644, s. 2 Section 2. 13.62 (10r) of the statutes is amended to read:

AB644,2,18 13.62 (10r) "Lobbying expenditure" means an expenditure related to the performance of lobbying, whether received in the form of an advance or subsequent reimbursement, and in the case of a principal who is subject to a registration requirement under s. 13.64 (1), an expenditure made for the purpose of attempting to influence official action of an agency with respect to a matter other than rule making under the jurisdiction of the agency. The term includes an expenditure for conducting research or for providing or using information, statistics, studies or analyses in communicating with an official that would not have been incurred but for lobbying or attempting to influence other official action, if applicable to a principal under this subsection.

AB644, s. 3 Section 3. 13.62 (11) of the statutes is amended to read:

AB644,3,6 13.62 (11) "Lobbyist" means an individual who is employed by a principal, or contracts for or receives economic consideration, other than reimbursement for actual expenses, from a principal and whose duties include lobbying on behalf of the principal or, if the principal is subject to a registration requirement under s. 13.64 (1), attempting to influence official action under sub. (10r) on behalf of the principal. If an individual's duties on behalf of a principal are not limited exclusively to lobbying, the individual is a lobbyist only if he or she makes lobbying communications on each of at least 5 days within a reporting period.

AB644, s. 4 Section 4. 13.621 (1) (a) of the statutes is amended to read:

AB644,3,10 13.621 (1) (a) Lobbying or other attempts to influence official action under s. 13.62 (10r) through communications media or by public addresses to audiences made up principally of persons other than legislators or agency officials.

AB644, s. 5 Section 5. 13.64 (1) (f) of the statutes is created to read:

AB644,3,14 13.64 (1) (f) If the principal intends to attempt to influence official action of any agency with respect to a matter other than rule making, the name of each agency and the general areas of official action that the principal is attempting to influence.

AB644, s. 6 Section 6. 13.64 (3) of the statutes is amended to read:

AB644,3,22 13.64 (3) Each principal registered under this section shall, before the principal or a lobbyist for the principal attempts to influence legislative or administrative action or other official action of an agency under s. 13.62 (10r) in any general area or agency not previously filed with the board, provide written notice to the board of the general area or agency in which the principal or a lobbyist for the principal will attempt to influence legislative or administrative action or other official action and in relation to which a lobbyist is employed.

AB644, s. 7 Section 7. 13.68 (1) (a) (intro.), 1., 3., 4., 5. and 6. of the statutes are amended to read:

AB644,4,8 13.68 (1) (a) (intro.) The aggregate total amount of lobbying expenditures made and obligations to make lobbying expenditures incurred for lobbying by the principal and all lobbyists for the principal, excluding lobbying expenditures and obligations for the principal's clerical employes, lobbying expenditures and obligations for any employe of the principal who is not a lobbyist and who devotes not more than 10 hours to lobbying during a reporting period, and lobbying expenditures and obligations specified in pars. (b), (d) and (e). With respect to expenditures and obligations included in the amount reported under this paragraph:

AB644,4,12 1. Lobbying expenditures made and obligations to make lobbying expenditures incurred for lobbying shall include compensation to lobbyists for lobbying, whether in cash or in-kind, and reimbursements to lobbyists and to the principal or officers or employes of the principal for lobbying or expenses.

AB644,5,2 3. A reasonable estimate of lobbying expenditures made and obligations to make lobbying expenditures incurred for conducting, compiling or preparing research, information, statistics, studies or analyses used in lobbying shall be included in the aggregate total. Lobbying expenditures and obligations to make lobbying expenditures shall not be reported under this subdivision if the use in lobbying or attempting to influence other official action under s. 13.62 (10r) occurs more than 3 years after the completion of the research or the compilation or preparation of the information, statistics, studies or analyses. If the research, information, statistics, studies or analyses are used by the principal both for lobbying or attempting to influence other official action under s. 13.62 (10r) and for other purposes other than lobbying, the principal shall allocate the lobbying expenditures and obligations among the purposes for which the research, information, statistics, studies or analyses are used and include the portion allocated to lobbying and attempting to influence other official action under s. 13.62 (10r) in the aggregate total.

AB644,5,5 4. Lobbying expenditures made and obligations to make lobbying expenditures incurred for providing or using research, information, statistics, studies or analyses in lobbying shall be included in the aggregate total.

AB644,5,11 5. Lobbying expenditures made and obligations to make lobbying expenditures incurred for paid advertising and any other activities conducted for the purpose of urging members of the general public to attempt to influence legislative or administrative action or other official action under s. 13.62 (10r) shall be included in the aggregate total, if the total amount of all such lobbying expenditures made and obligations incurred exceeds $500 during the reporting period.

AB644,5,17 6. If the total amount of lobbying expenditures and obligations to make lobbying expenditures, included in the aggregate total under this paragraph, made or incurred to any lobbyist for the principal exceeds $200 during the reporting period, the name and address of the lobbyist and the total amount of the lobbying expenditures made or obligations incurred to the lobbyist during the reporting period shall be listed.

AB644, s. 8 Section 8. 13.68 (1) (b) of the statutes is amended to read:

AB644,6,2 13.68 (1) (b) If a lobbyist is an employe, officer or director of a principal and the lobbyist is paid a salary or given consideration other than reimbursement of expenses, the aggregate total amount of lobbying expenditures made or obligations to make lobbying expenditures incurred by the principal for office space, utilities, supplies and compensation of employes who are utilized in preparing for lobbying communications. Any lobbying expenditures made or obligations to make lobbying expenditures incurred for office overhead costs which are included in the amount reported under par. (a) 1. shall not be included in the amounts reported under this paragraph.

AB644, s. 9 Section 9. 13.68 (1) (c) (intro.), 2. and (e) of the statutes are amended to read:

AB644,6,9 13.68 (1) (c) (intro.) A record disclosing the amount of time spent to influence legislative or administrative action, or other official action under s. 13.62 (10r). The record shall be supplied on a form provided by the board and shall include a daily itemization of the time, except the time of a clerical employe, the time of an employe who is not a lobbyist and who devotes not more than 10 hours to lobbying during a reporting period and the time of an unpaid volunteer, spent by the principal on:

AB644,6,11 2. Research, preparation and any other activity which includes lobbying or attempting to influence other official action under s. 13.62 (10r).

AB644,6,17 (e) The total lobbying expenditures made and obligations to make lobbying expenditures incurred for personal travel and living expenses, except for expenditures made or obligations incurred for the travel and living expenses of unpaid volunteers if the primary purpose of the travel is for reasons unrelated to lobbying or for reasons unrelated to lobbying or attempting to influence other official action under s. 13.62 (10r).

AB644, s. 10 Section 10. 13.68 (2) (a) of the statutes is amended to read:

AB644,7,2 13.68 (2) (a) If the principal compensates or reimburses a lobbyist or employe both for lobbying activities or expenses expenditures which are not exempt under s. 13.621 and for other activities or expenses, for the purposes of sub. (1) (a) 1. or 6., the lobbyist or principal shall estimate and report the portion of the compensation and reimbursements paid for nonexempt lobbying activities or expenses expenditures or, if 85% or more of the total compensation and reimbursements paid to the lobbyist or employe relate to are for lobbying or expenses expenditures which are not exempt under s. 13.621, the lobbyist or principal may report the entire amount of the compensation and reimbursements paid to the lobbyist or employe.

AB644, s. 11 Section 11. 13.68 (3) of the statutes is amended to read:

AB644,7,9 13.68 (3) Exempt activities. Lobbying expenditures made and obligations to make lobbying expenditures incurred for activities identified under s. 13.621 (1) (a) to (f) and (3) are not required to be reported under sub. (1), regardless of whether the principal or a lobbyist for the principal also engages in lobbying activities which are not identified in s. 13.621 (1) (a) to (f) and (3) that are required to be reported under sub. (1).

AB644, s. 12 Section 12. 13.68 (5) of the statutes is amended to read:

AB644,7,18 13.68 (5) Records. Each principal and each lobbyist engaged by a principal shall obtain, organize and preserve all accounts, bills, receipts, books, papers and other documents necessary to substantiate the expense statement, including an account identifying the amount of time that a principal and each of its authorized lobbyists spend each day on lobbying each day or attempts to influence official action under s. 13.62 (10r), for 3 years after the date of filing the expense statement. A principal may permit its authorized lobbyist to maintain any of the records identified in this subsection on its behalf.

AB644, s. 13 Section 13. 13.68 (6) of the statutes is amended to read:

AB644,8,8 13.68 (6) Suspension for failure to file a complete expense statement. If a principal fails to timely file a complete expense statement under this section, the board may suspend the privilege of any lobbyist to lobby act as a lobbyist on behalf of the principal. Upon failure of a principal to file the required expense statement, the board shall mail written notices to the principal and to any lobbyist for whom a written authorization has been filed under s. 13.65 to act as a lobbyist for the principal informing them that unless the principal files the delinquent statement within 10 business days after the date of mailing of the notices, no lobbyist may lobby act as a lobbyist on behalf of the principal. The privilege of any lobbyist to lobby act as a lobbyist on behalf of the principal shall be restored immediately upon filing the delinquent statement. The notices shall be sent by certified mail to the last-known addresses of the principal and lobbyist. Any principal or lobbyist who is aggrieved by a suspension of lobbying privileges to act as a lobbyist under this subsection may request a hearing under s. 227.42 regarding the suspension.

AB644, s. 14 Section 14. 13.685 (7) of the statutes is amended to read:

AB644,8,25 13.685 (7) Beginning with the 3rd Tuesday following the beginning of any regular or special session of the legislature and on every Tuesday thereafter for the duration of such session, the board shall, from its records, submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report of the names of lobbyists licensed under s. 13.63 and the names of officers and employes of agencies filed under s. 13.695 who were not previously reported, the names of the principals or agencies whom they represent and the general areas of legislative and administrative action or other official action of agencies under s. 13.62 (10r) which the principals or agencies are the object of their lobbying activity attempting to influence. Such reports shall be incorporated into the journal of the senate and a copy filed in the office of the chief clerk of the assembly. The board shall also notify the chief clerk of each house that a copy of each statement which is required to be filed under ss. 13.68 and 13.695 is available upon request. Such copy shall be open to public inspection but shall not be incorporated in the journal unless the chief clerk so orders. The board shall include in its biennial report under s. 15.04 (1) (d), a summary of the statements it has received under ss. 13.68 and 13.695.

AB644, s. 15 Section 15. Initial applicability.

AB644,9,4 (1) This act first applies with respect to reports filed by principals under section 13.68 (1) of the statutes for the first reporting period beginning after the effective date of this subsection.

AB644,9,5 (End)