13.685
13.685
Duties of the government accountability board. 13.685(1)(1) The board shall prescribe forms and instructions for preparing and filing license applications under
s. 13.63 (1), registration applications under
s. 13.64 and the statements required under
ss. 13.68 and
13.695.
13.685(2)
(2) The board shall prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons who are required to provide information under
s. 13.68 (4) or to file statements under
s. 13.68 or
13.695.
13.685(3)
(3) The board shall examine each statement filed under
s. 13.68.
13.685(7)
(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 employees 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 which are the object of their lobbying activity. 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.
13.685(8)
(8) The board shall not enter into any contract for the purpose of upgrading the board's lobbying database and Internet site unless the board first submits the proposed contract to the cochairpersons of the joint committee on finance for review of the committee. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed contract within 14 working days after the date of the board's submittal, the board may enter into the contract as proposed. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the board shall not enter into the contract unless the committee approves the proposed contract or modifies and approves the proposed contract. If the committee modifies and approves the proposed contract, the board may enter into the contract only as modified by the committee.
13.69
13.69
Enforcement and penalties. 13.69(1)
(1) Except as provided in
sub. (2m), any principal violating
ss. 13.61 to
13.68 or a rule of the board promulgated under those sections may be required to forfeit not more than $5,000. In the case of a partnership, each of the partners is jointly and severally liable for any forfeiture imposed under this subsection.
13.69(2)
(2) Any lobbyist violating
ss. 13.61 to
13.68 or a rule of the board promulgated under such sections may be required to forfeit not more than $1,000.
13.69(2m)
(2m) Any principal who fails to comply with
s. 13.67 (1) and who has not been found to have committed the same offense within the 3-year period preceding the date of the violation may be required to forfeit not more than $25. Any principal who fails to comply with
s. 13.67 (1) a 2nd time within a period of 3 years from the date of the first violation may be required to forfeit not more than $100 for the 2nd offense.
13.69(3)
(3) Any lobbyist who falsifies information provided under
s. 13.68 (4) or any principal who files or any person who files or causes to be filed on behalf of any principal a falsified statement under
s. 13.68 may be fined not more than $1,000 or imprisoned in the county jail for not more than one year.
13.69(4)
(4) Any lobbyist who procures his or her license by fraud or perjury or any person who acts as a lobbyist without being licensed may be required to forfeit not more than $1,000 and shall not be eligible to be licensed as a lobbyist for the period of 3 years from the date of such conviction.
13.69(5)
(5) Any officer or employee of an agency identified in a statement filed under
s. 13.695 who violates
s. 13.695 (4) may be required to forfeit not more than $1,000.
13.69(6)
(6) Any candidate for an elective state office, elective state official, agency official or legislative employee of the state who, or any personal campaign committee which, violates
s. 13.625 (3) may be required to forfeit not more than $1,000.
13.69(6m)
(6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under
s. 13.63 (1),
13.64,
13.65,
13.67 or
13.68 which he or she does not believe to be true is guilty of a Class H felony.
13.69(7)
(7) In addition to the penalties imposed for violation of
ss. 13.61 to
13.68, the license of any lobbyist who is convicted of a violation may be revoked for a period not to exceed 3 years and a lobbyist who is convicted of a criminal violation is ineligible for licensure for a period of 5 years from the date of conviction.
13.695
13.695
Legislative activities of state agencies. 13.695(1)(1) Each agency shall file with the board on or before January 31 and July 31 a statement which identifies the officers and employees of the agency who are paid a salary and whose regular duties include attempting to influence legislative action. The statement shall be attested by the agency head or such person's designee. Each statement shall contain the following information, which shall be current to within 30 days of the filing deadline, and cover the period since the last date covered in the previous statement:
13.695(1)(a)
(a) The name of the agency filing the statement;
13.695(1)(b)
(b) The name, title and salary, which is paid by the state, of each officer or employee engaged in such legislative activity, the proportionate amount of time spent on legislative activity and the general area of legislative action which the officer or employee has attempted to influence.
13.695(2)
(2) Any change in the name of an officer or employee or a general area of legislative action which is disclosed in a statement required under
sub. (1) shall be reported in writing to the board within 10 days of the change.
13.695(3)
(3) Any officer or employee of an agency who attempts to influence legislative action which affects the financial interests of such employee, other than a regular or periodic adjustment in salary, wages or other benefits paid by the state, shall disclose the nature of such interest to any member or employee of the legislature with whom such person has a direct communication concerning such legislation.
13.695(4)
(4) No officer or employee of an agency who is identified in a statement filed under this section may engage in the prohibited practices set forth in
s. 13.625 (1) (a) or
(d), or use state funds to engage in the practices set forth in
s. 13.625 (1) (b) or to make campaign contributions as defined in
s. 11.01 (6). This subsection does not prohibit an agency official who is identified in a statement filed under this section from authorizing salaries and other payments authorized by law to be paid to state officers, employees, consultants or contractors or candidates for state office, or from authorizing property or services of the agency to be provided for official purposes or other purposes authorized by law, whenever that action is taken in the normal course of affairs.
13.71
13.71
Lobbyists restricted during daily sessions. It is unlawful for any person lobbying to go onto the floor of the chamber of either house of the legislature during the daily sessions, except upon the invitation of such house.
13.74(1)(1) The board shall cause to have made an examination of all statements which are required to be filed with it under this subchapter and may examine any of the documents used to develop such statements. The board shall make official note in the file of a principal of any error or other discrepancy which the board discovers. The board shall inform the person submitting the report of the error.
13.74(2)
(2) In the discharge of its duties under this subchapter and upon notice to the party or parties being investigated, the board may subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution as defined in
s. 705.01 (3) doing business in the state to obtain evidence of any violation of this subchapter upon showing of probable cause to believe there is a violation and that such accounts and records may have a substantial relation to such violation. In the discharge of its duties, the board may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.
13.74 History
History: 1977 c. 278;
1989 a. 338.
13.75
13.75
Fees. The board shall charge and collect for the following purposes the following amounts:
13.75(1)
(1) Obtaining a license under
s. 13.63 (1) to act on behalf of one principal, $350.
Effective date note
NOTE:
Sub. (1) is amended eff. 1-1-15 by
2009 Wis. Act 28, section
20L, to read:
Effective date text
(1) Obtaining a license under s. 13.63 (1) to act on behalf of one principal, $250.
13.75(1m)
(1m) Obtaining a license under
s. 13.63 (1) to act on behalf of 2 or more principals, $650.
Effective date note
NOTE:
Sub. (1m) is amended eff. 1-1-15 by
2009 Wis. Act 28, section
20n, to read:
Effective date text
(1m) Obtaining a license under s. 13.63 (1) to act on behalf of 2 or more principals, $400.
13.75(2)
(2) Filing the principal registration form under
s. 13.64, $375.
13.75(4)
(4) Filing an authorization statement under
s. 13.65, $125.
13.75(5)
(5) Registering an interest in a legislative proposal, proposed administrative rule, budget bill subject or other topic under 13.67 (2), $10.
LEGISLATIVE SERVICE AGENCIES
13.80
13.80
Legislative organization, joint committee on. 13.80(1)(1) There is created a joint committee on legislative organization with such powers and authority as are provided by law or by the legislature.
13.80(2)
(2) The committee shall consist of the speaker of the assembly, the president of the senate, and the majority and minority leaders and assistant majority and minority leaders of the 2 houses.
13.80(3)
(3) The committee shall supervise and make policy for all legislative staff services.
13.80 History
History: 1977 c. 3,
325,
449;
1979 c. 34.
13.81
13.81
Joint legislative council. 13.81(1)
(1)
Creation. There is created a joint legislative council of 22 members consisting of the speaker of the assembly and the president of the senate, the speaker pro tempore of the assembly and the president pro tempore of the senate, the senate and assembly majority and minority leaders, the 2 cochairpersons of the joint committee on finance, the ranking minority member of the joint committee on finance from each house, and 5 senators and 5 representatives to the assembly appointed as are the members of standing committees in their respective houses. The speaker of the assembly and the president of the senate, or the designee of each from within the membership of that house on the council, shall serve as cochairpersons of the council.
13.81(2)
(2) Meetings. The council upon the call of the cochairpersons, or any committee under
s. 13.82 or
13.83 upon the call of the respective chairperson, may meet at any time and place it determines, but when one-third of the total voting membership of the council or of any such committee requests that a meeting be held at a specific time and place, the cochairpersons of the council or the respective chairperson of the committee shall call a meeting for the specific time and place. No committee may meet at a place outside this state without the prior consent of the majority of the officers of the council.
13.81(3)
(3) Reports. The council shall prepare a biennial report of its activities for the governor and the legislature. The council may issue reports concerning any phase of its work or the work of any of its committees under
ss. 13.82 and
13.83, and shall provide for adequate distribution of such reports. A committee may submit legislation recommended for passage to be introduced in the legislature by the council if a majority of the membership of the council votes to introduce such legislation.
13.81(5)
(5) Expenditures. All expenditures for the council shall be by voucher signed either by the cochairpersons or by the director of the council staff.
13.81(6)
(6) Reimbursement for special studies. At the end of each fiscal year, the general fund shall be reimbursed, from any other state fund, the amounts actually expended by the joint legislative council under
s. 20.765 (3) (e) for the cost of making and publishing surveys and analyses of activities and policies related to such funds. The council shall bill such state funds at the end of each fiscal year for the costs so incurred, in accordance with cost records maintained by the council.
13.81(8)
(8) Conference on legislative procedures. Following each general election, the joint legislative council shall sponsor a conference to acquaint new legislators or legislators-elect with legislative procedures. Expenses for the conference shall be paid from the appropriation under
s. 20.765 (3) (e).
13.81 Annotation
The one man-one vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and those powers cannot constitutionally be delegated to these committees. There has been no unconstitutional delegation to the joint legislative council. 63 Atty. Gen. 173.
13.82
13.82
Committees appointed by council. For the purpose of providing information to the legislature, the joint legislative council may appoint committees consisting of members of the legislature and of citizens having special knowledge on the subject assigned by the council to be studied. Any vacancy on a committee shall be filled by the council. The director of the legislative council staff shall certify to the secretary of state the names of the membership of such committees. Citizen members may be reimbursed for their actual and necessary expenses incurred in performing their duties from the appropriations provided by
s. 20.765.
13.82(1)
(1) Studies. Every subject proposed by the legislature for study or investigation during the interim between legislative sessions shall be referred to the council and considered by the appropriate committee of the council. If the council determines that the proposed study or investigation is feasible and is not within a subject already assigned, it shall appoint a committee to conduct such study or investigation. The council, through its committees, may also make such surveys and studies, and compile such data, information and records, on any question, as in its judgment will be beneficial to the general welfare of this state. To this end the council:
13.82(1)(a)
(a) Shall maintain liaison with federal, state and local officials and agencies.
13.82(1)(b)
(b) May conduct research and secure information or data on any subject concerning the government and general welfare of the state and of its political subdivisions.
13.82(1)(c)
(c) Shall make recommendations for legislative or administrative action on any subject or question it has considered and, with the approval of a majority of its membership, submit, for introduction, legislation recommended for passage by one of its committees under this section or
s. 13.83.
13.82(2)
(2) Public hearings. The council or any committee thereof when so authorized by the council may hold public hearings at such times and places within the state as are determined, and make such investigations and surveys as are deemed advisable or necessary to accomplish the purposes and intent of this section. Any member of the council or any legislative member of one of its committees may administer oaths to persons testifying before the council or any committee. By subpoena, issued over the signature of its chairperson or acting chairperson and served in the manner in which circuit court subpoenas are served, the council or any committee when authorized by the council, may summon and compel the attendance of witnesses. If any witness subpoenaed to appear before the council, or any committee thereof, refuses to appear or to answer inquiries propounded, the council or committee shall report the facts to the circuit court for Dane County, and that court shall compel obedience to the subpoena by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from that court or a refusal to testify therein.
13.83
13.83
Permanent council committees. The joint legislative council shall in each biennium create the committees enumerated in this section.
13.83(1)(a)(a) Prior to June 1 of each odd-numbered year, the joint legislative council shall appoint a law revision committee consisting of members of the senate and assembly, including at least one member of the majority party and at least one member of the minority party from each house.
13.83(1)(b)
(b) The committee shall be assisted by the legislative council staff. The joint legislative council may request staff assistance from other legislative service agencies where appropriate.
13.83(1)(c)1.
1. Consider decisions and opinions referred to it by the legislative reference bureau under
s. 13.92 (2) (j) to determine whether revisions are needed in the statutes or session laws.
13.83(1)(c)4.
4. Consider minor substantive remedial measures proposed by state agencies to improve the administration of their agencies or proposed by the committee, a standing committee of the legislature or a legislative service agency to improve the language or organization of the statutes or session laws.
13.83(1)(c)5.
5. Introduce legislation prepared under this paragraph directly into the legislature. Each such proposal shall include a note or series of notes providing an explanation of the proposed changes and an analysis by the legislative reference bureau.
13.83(1)(d)
(d) The committee may submit to the joint legislative council recommendations for major law revision projects. In developing the recommendations, the committee shall consider changes in the law suggested by the American law institute, the council of state governments, the U.S. advisory commission on intergovernmental relations, the commission on uniform state laws created under
s. 13.55, legislative committees and service agencies, state agencies, local governments and interested persons. The committee may specify in its recommendations which of the committees or agencies under
par. (e) should undertake the proposed law revision project.
13.83(1)(e)
(e) If the joint legislative council approves a major law revision project recommended under
par. (d), it shall specify which of the following should conduct the project:
13.83(1)(e)1.
1. The law revision committee or a subcommittee thereof established by the committee for this purpose.
13.83(1)(e)2.
2. A special or permanent committee appointed by the joint legislative council.
13.83(1)(e)4.
4. A standing or joint survey or other statutory committee or committees of the legislature.
13.83(1)(f)1.1. If the joint legislative council approves a project under
par. (e) 1., it may appoint one or more public members to a subcommittee established for this purpose by the committee to assist in completing the revision project.
13.83(1)(f)2.
2. If the joint legislative council approves a project under
par. (e) 1. or
2., it may contract for a consultant or project staff director having expertise in the subject matter of the project and it shall specify the date for the final report of the project to the joint legislative council.
13.83(1)(f)3.
3. If the joint legislative council approves a project under
par. (e) 1.,
2. or
3., it may introduce legislation developed as a result of the project as provided in
s. 13.82 (1) (c).
13.83(1)(f)4.
4. If the joint legislative council approves a project under
par. (e) 3. or
4., it may request the appropriate standing or joint survey or other statutory committee or committees of the legislature or legislative service agency to undertake the project.
