Feed for /2011/related/proposals/ab675 PDF
LRB-3753/1
JTK:med:jm
2011 - 2012 LEGISLATURE
March 8, 2012 - Introduced by Representatives Pasch, Vruwink, Zamarripa and
Ringhand. Referred to Committee on Homeland Security and State Affairs.
AB675,1,5 1An Act to renumber and amend 13.62 (1); to amend 13.67, 13.75 (5) and 19.45
2(8) (b) and (c); and to create 13.62 (1) (b), 13.62 (12e), 13.68 (1) (bp) and 19.42
3(11s) of the statutes; relating to: attempts to influence certain governmental
4entities by former state officers and employees and attempts to influence state
5procurement decisions.
Analysis by the Legislative Reference Bureau
Currently, except in the case of a former legislator or legislative employee, no
former state public official may, for compensation: 1) for 12 months following the
date on which he or she ceases to be a state public official, on behalf of any person
other than a governmental entity, make any formal or informal appearance before,
or negotiate with, any officer or employee of the agency with which he or she was
associated as a state public official within 12 months prior to the date on which he
or she ceased to be a state public official; 2) for 12 months following the date on which
he or she ceases to be a state public official, on behalf of any person other than a
governmental entity, make any formal or informal appearance before, or negotiate
with, any officer or employee of an agency in connection with any judicial or
quasi-judicial proceeding, application, contract, claim, or charge which might give
rise to a judicial or quasi-judicial proceeding which was under the former official's
responsibility as a state public official within 12 months prior to the date on which
he or she ceased to be a state public official; or 3) act on behalf of any party other than
the state in connection with any judicial or quasi-judicial proceeding, application,

contract, claim, or charge which might give rise to a judicial or quasi-judicial
proceeding in which the former official participated personally and substantially as
a state public official.
This bill adds "proposed procurement" to the matters that a former state public
official is prohibited from attempting to influence for compensation under the
current restrictions.
Violators are subject to a forfeiture (civil penalty) of not more than $5,000 for
each violation. Intentional violators are guilty of a misdemeanor and are subject to
a fine of not less than $100 nor more than $5,000 or imprisonment for not more than
one year or both for each violation.
Currently, with certain exceptions, a principal that engages a lobbyist to
attempt to influence state lawmaking or rulemaking on the principal's behalf must
register and file semiannual reports with the Government Accountability Board
containing specified information. This bill also requires registration and reporting,
subject to the same exceptions, by any principal, whether or not currently subject to
registration and reporting requirements, that engages a lobbyist to attempt to
influence the specifications for or the award of any state procurement contract or
order on behalf of the principal. Under the bill, a principal must report any proposed
procurement with respect to which the principal attempts to influence
administrative action, as well as the principal's reasonable estimate of its time spent
in lobbying associated with that procurement.
Violators are subject to a forfeiture of not more than $5,000 for each violation,
except that a principal that fails to report a proposed procurement that the principal
is attempting to influence is subject to a forfeiture of not more than $25 to $100,
depending upon whether the violation constitutes a first or subsequent offense
within a three-year period. A principal that files a report that the principal does not
believe is true is guilty of a felony and is subject to a fine of not more than $10,000
or imprisonment for not more than six years or both for each violation.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB675, s. 1 1Section 1. 13.62 (1) of the statutes is renumbered 13.62 (1) (intro.) and
2amended to read:
AB675,2,33 13.62 (1) (intro.) "Administrative action" means the any of the following:
AB675,2,5 4(a) The proposal, drafting, development, consideration, promulgation,
5amendment, repeal or rejection by any agency of any rule promulgated under ch. 227.
AB675, s. 2 6Section 2. 13.62 (1) (b) of the statutes is created to read:
AB675,3,2
113.62 (1) (b) The consideration of specifications for a procurement by or the
2award of a procurement contract or order by an agency.
AB675, s. 3 3Section 3. 13.62 (12e) of the statutes is created to read:
AB675,3,44 13.62 (12e) "Procurement" has the meaning given in s. 19.42 (11s).
AB675, s. 4 5Section 4. 13.67 of the statutes is amended to read:
AB675,3,25 613.67 Identification of legislative and administrative proposals and
7topics.
(1) Except as authorized under s. 13.621, no person may engage in lobbying
8as a lobbyist on behalf of a principal and no principal may authorize a lobbyist to
9engage in lobbying on its behalf unless the principal reports to the board, in such
10manner as the board may prescribe, each legislative proposal, budget bill subject,
11proposed procurement,
and proposed administrative rule number in connection with
12which the principal has made or intends to make a lobbying communication or, if the
13lobbying does not relate to a legislative proposal or proposed administrative rule that
14has been numbered or a specific proposed procurement or a budget bill subject, each
15topic of a lobbying communication made or intended to be made by the principal. A
16principal shall describe any topic of a lobbying communication with reasonable
17specificity, sufficient to identify the subject matter of the lobbying communication
18and whether the communication is an attempt to influence legislative or
19administrative action, or both. The principal shall file the report no later than the
20end of the 15th day after the date on which the principal makes a lobbying
21communication with respect to a legislative proposal, proposed administrative rule,
22proposed procurement, budget bill subject or other topic not previously reported by
23the principal under this section during the biennial period for which the principal is
24registered. The report shall be made by a person who is identified by the principal
25under s. 13.64 (1) (e).
AB675,4,4
1(2) Any person who is not a principal may, upon payment of the fee prescribed
2under s. 13.75 (5), register with the board an interest in any legislative proposal,
3proposed administrative rule, proposed procurement, budget bill subject or other
4topic.
AB675, s. 5 5Section 5. 13.68 (1) (bp) of the statutes is created to read:
AB675,4,96 13.68 (1) (bp) For each proposed procurement in regard to which a lobbyist for
7the principal attempted to influence administrative action, the principal's
8reasonable estimate of the proportion of its time spent in lobbying associated with
9that proposed procurement.
AB675, s. 6 10Section 6. 13.75 (5) of the statutes is amended to read:
AB675,4,1311 13.75 (5) Registering an interest in a legislative proposal, proposed
12administrative rule, proposed procurement, budget bill subject or other topic under
1313.67 (2), $10.
AB675, s. 7 14Section 7. 19.42 (11s) of the statutes is created to read:
AB675,4,1615 19.42 (11s) "Procurement" means the purchase of materials, supplies,
16equipment, or contractual services.
AB675, s. 8 17Section 8. 19.45 (8) (b) and (c) of the statutes are amended to read:
AB675,5,218 19.45 (8) (b) No former state public official, for 12 months following the date
19on which he or she ceases to be a state public official, may, for compensation, on behalf
20of any person other than a governmental entity, make any formal or informal
21appearance before, or negotiate with, any officer or employee of a department in
22connection with any judicial or quasi-judicial proceeding, application, contract,
23proposed procurement, claim, or charge which might give rise to a judicial or
24quasi-judicial proceeding which was under the former official's responsibility as a

1state public official within 12 months prior to the date on which he or she ceased to
2be a state public official.
AB675,5,73 (c) No former state public official may, for compensation, act on behalf of any
4party other than the state in connection with any judicial or quasi-judicial
5proceeding, application, contract, proposed procurement, claim, or charge which
6might give rise to a judicial or quasi-judicial proceeding in which the former official
7participated personally and substantially as a state public official.
AB675, s. 9 8Section 9. Initial applicability.
AB675,5,129 (1) The treatment of sections 13.62 (12e), 13.67, 13.68 (1) (bp), and 13.75 (5) of
10the statutes, the renumbering and amendment of section 13.62 (1) of the statutes,
11and the creation of section 13.62 (1) (b) of the statutes first apply with respect to
12reporting periods that begin on or after the effective date of this subsection.
AB675,5,1313 (End)
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