LRB-5168/1
JK:amn/wlj/cjs
2021 - 2022 LEGISLATURE
December 7, 2021 - Introduced by Representatives Wichgers, Cabral-Guevara,
Murphy and Spiros, cosponsored by Senator Bernier. Referred to Committee
on State Affairs.
AB754,1,9
1An Act to repeal 13.625 (1) (d), 13.625 (7) and 13.685 (7);
to renumber and
2amend 13.625 (1) (b), 13.625 (2), 13.625 (4), 13.625 (5), 13.625 (6), 13.625 (6g)
3(a), 13.625 (6g) (b), 13.625 (6r), 13.625 (6s), 13.625 (6t), 13.625 (8), 13.625 (8m),
413.625 (9) and 13.625 (10);
to consolidate, renumber and amend 13.625 (1)
5(intro.) and (a);
to amend 13.625 (1m) (a) (intro.), 13.625 (1m) (b) (intro.),
613.625 (3), 13.63 (1) (a), 13.68 (1) (d), 13.68 (6), 13.695 (4) and 19.45 (3m); and
7to create 13.621 (7), 19.42 (7w) (f), 19.55 (2) (dm) and 19.56 (3) (bm) of the
8statutes;
relating to: changes to the lobbying laws, including changes
9recommended by the Ethics Commission.
Analysis by the Legislative Reference Bureau
The bill reorganizes the statutes prohibiting and permitting certain activities
by lobbyists and principals, and by candidates and elected officials who interact with
lobbyists and principals. The bill also eliminates a requirement that the Ethics
Commission regularly, during the course of a legislative session, give reports to the
legislature that provide information about licensed lobbyists, principals, and their
lobbying activities.
Under current law, no lobbyist or principal may give to a state official,
legislative employee, or candidate for state office lodging, transportation, food,
meals, beverages, or any other thing of value. However, a principal may give
something of value to such persons if that thing of value is also made available to the
general public. Current law defines a “principal” as any person who employs a
lobbyist.
Under current law, every state public official is encouraged to meet with clubs,
conventions, special interest groups, political groups, school groups, and other
gatherings to discuss and interpret legislative, administrative, executive, or judicial
processes, proposals, and issues. Consistent with that provision, the bill allows an
agency official, an elected state public official, or a legislative employee to attend a
meeting with such groups for the purposes specified under current law without
paying the cost of admission. However, under the bill, the person may not receive
food, beverages, or other items included in the cost of admission unless the person
pays the event organizer, including a principal or lobbyist, for the actual cost of the
food, beverages, or items.
Under current law, the code of ethics for public officials applies not only to state
public officials, but also to certain local public officials such as an elected official of
a local governmental unit, a county administrator, and a city or village manager.
Under the bill, the code of ethics for public officials applies also to a school district
administrator. Current law defines “school district administrator” as the school
district superintendent, supervising principal, or other person who acts as the
administrative head of a school district.
Finally, the bill makes a technical change by substituting the term “give” with
the term “furnish.” The term was changed from “furnish” to “give” by
2015 Wisconsin
Act 117, but that change is not consistent with the use of the term “furnish”
throughout the current lobbying law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB754,1
1Section
1. 13.621 (7) of the statutes is created to read:
AB754,2,72
13.621
(7) Participation in events; public official outreach. (a) An agency
3official, an elective state official, or a legislative employee may receive and retain
4reimbursement or payment of actual and reasonable expenses for a published work
5or for the presentation of a talk or participation in a meeting related to a topic
6specified in s. 19.56 (1) if the payment or reimbursement is paid or arranged by the
7organizer of the event or the publisher of the work, including a principal or lobbyist.
AB754,3,9
1(b) An agency official, an elective state official, or a legislative employee may
2attend a meeting with clubs, conventions, special interest groups, political groups,
3school groups, and other gatherings, without paying admission costs, to discuss and
4to interpret legislative, administrative, executive, or judicial processes and
5proposals and issues initiated by or affecting the state legislature, state government,
6a department, or the judicial branch. An agency official, an elective state official, or
7a legislative employee may not receive food, beverages, or other items included in the
8cost of admission unless the person pays the event organizer, including a principal
9or lobbyist, for the actual cost of the food, beverages, or items.
AB754,2
10Section 2
. 13.625 (1) (intro.) and (a) of the statutes are consolidated,
11renumbered 13.625 (1) and amended to read:
AB754,3,1512
13.625
(1) No lobbyist may
: (a) Instigate instigate legislative or administrative
13action for the purpose of obtaining employment in support or opposition
thereto to
14such action or contract to receive or receive compensation dependent in any manner
15upon the success or failure of any legislative or administrative action.
AB754,3
16Section 3
. 13.625 (1) (b) of the statutes is renumbered 13.625 (1g), and 13.625
17(1g) (intro.), as renumbered, is amended to read:
AB754,3,2118
13.625
(1g) (intro.)
Give
No lobbyist or principal may furnish to any agency
19official or legislative employee of the state or to any elective state official or candidate
20for an elective state office, or to the candidate committee of the official, employee, or
21candidate:
AB754,4
22Section 4
. 13.625 (1) (d) of the statutes is repealed.
AB754,5
23Section 5
. 13.625 (1m) (a) (intro.) of the statutes is amended to read:
AB754,3,2524
13.625
(1m) (a) (intro.) Except as provided in par. (b),
a no lobbyist
or principal 25may
not do any of the following:
AB754,6
1Section
6. 13.625 (1m) (b) (intro.) of the statutes is amended to read:
AB754,4,72
13.625
(1m) (b) (intro.) A lobbyist
or principal may make a personal
3contribution to a partisan elective state official or candidate for partisan elective
4state office or to the candidate committee of the official or candidate between the first
5day authorized by law for the circulation of nomination papers as a candidate at a
6general election or special election and the day of the general election or special
7election, except that:
AB754,7
8Section 7
. 13.625 (2) of the statutes is renumbered 13.625 (4m) (a) and
9amended to read:
AB754,4,1410
13.625
(4m) (a)
No principal may engage in the practices prohibited under
11subs. (1) (b) and (1m). This subsection does not apply to the furnishing of 12Notwithstanding sub. (1g), the furnishing by a principal of transportation, lodging,
13food, meals, beverages, or any other thing of pecuniary value
which that is also made
14available to the general public.
AB754,8
15Section 8
. 13.625 (3) of the statutes is amended to read:
AB754,4,2216
13.625
(3) No candidate for an elective state office, elective state official, agency
17official, or legislative employee of the state may solicit or accept anything of
18pecuniary value from a lobbyist or principal, except as permitted under
subs. (1) (b)
193., (1m), (2), (4), (5), (6), (7), (8) and (9) this section or s. 13.621. No candidate
20committee of a candidate for state office may accept anything of pecuniary value from
21a lobbyist or principal, except as permitted for such a candidate under
subs. (1) (b)
223., (1m), (2), and (6) this section or s. 13.621.
AB754,9
23Section 9
. 13.625 (4) of the statutes is renumbered 13.625 (4m) (intro.) and
24amended to read:
AB754,5,2
113.625
(4m) (intro.)
Subsections (1) (b) and (3) do This section does not apply
2to
the compensation or furnishing any of the following:
AB754,5,14
3(b) Compensation paid or the furnishing of employee benefits by a principal to
4an employee who is a candidate for an elective state office but who does not hold such
5an office if the employee is neither an agency official nor legislative employee, and
6if the principal or employee can demonstrate by clear and convincing evidence that
7the principal's employment of the employee and the compensation and employee
8benefits paid to the employee are unrelated to the candidacy. If the employee was
9employed by the principal prior to the first day of the 12th month commencing before
10the deadline for the filing of nomination papers for the office sought and the
11employment continues uninterrupted, without augmentation of compensation or
12employee benefits, except as provided by
a preexisting employment agreement, it is
13rebuttably presumed that the employment and compensation and benefits paid are
14unrelated to the candidacy.
AB754,10
15Section 10
. 13.625 (5) of the statutes is renumbered 13.625 (4m) (c) and
16amended to read:
AB754,5,1817
13.625
(4m) (c)
This section does not apply to food Food, meals, beverages
, or
18entertainment provided by the governor when acting in an official capacity.
AB754,11
19Section 11
. 13.625 (6) of the statutes is renumbered 13.625 (4m) (d) and
20amended to read:
AB754,6,221
13.625
(4m) (d)
Subsections (1) (b), (1m), (2), and (3) do not apply to the The 22furnishing of anything of pecuniary value by
an individual who is a lobbyist or
23principal to a relative of the
individual lobbyist or principal or
to an individual who
24resides in the same household as the
individual, nor to lobbyist or principal or the
1receipt of anything of pecuniary value by that relative or individual residing in the
2same household as the
individual lobbyist or principal.
AB754,12
3Section 12
. 13.625 (6g) (a) of the statutes is renumbered 13.625 (4m) (e) and
4amended to read:
AB754,6,105
13.625
(4m) (e)
Subsections (1) (b) and (3) do not apply to the The furnishing
6of anything of pecuniary value by a principal that is a local governmental unit to a
7legislative official or an agency official who is an elected official of that local
8governmental unit, or
to the solicitation or acceptance thereof by such a legislative
9official or agency official, in an amount not exceeding the amount furnished to other
10similarly situated elected officials of the same local governmental unit.
AB754,13
11Section 13
. 13.625 (6g) (b) of the statutes is renumbered 13.625 (4m) (f) and
12amended to read:
AB754,6,1913
13.625
(4m) (f)
Subsections (1) (b) and (3) do not apply to the The furnishing
14of a per diem or reimbursement for actual and reasonable expenses by a principal
15that is a local governmental unit to a legislative official or an agency official who is
16an appointed official of that local governmental unit, or
to the solicitation or
17acceptance thereof by such a legislative official or agency official, in an amount not
18exceeding the amount furnished to other similarly situated appointed officials of the
19same local governmental unit.
AB754,14
20Section 14
. 13.625 (6r) of the statutes is renumbered 13.625 (4m) (g) and
21amended to read:
AB754,7,622
13.625
(4m) (g)
Subsections (1) (b), (1m), and (3) do not apply to the The 23furnishing of anything of pecuniary value by a lobbyist or principal to an employee
24of that lobbyist or principal who is a legislative official or an agency official solely
25because of membership on a state commission, board, council, committee
, or similar
1body if the thing of pecuniary value is not in excess of that customarily provided by
2the employer to similarly situated employees and if the legislative official or agency
3official receives no compensation for his or her services other than a per diem or
4reimbursement for actual and necessary expenses incurred in the performance of his
5or her duties
, nor to or the receipt of anything of pecuniary value by that legislative
6official or agency official under those circumstances.
AB754,15
7Section 15
. 13.625 (6s) of the statutes is renumbered 13.625 (4m) (h) and
8amended to read:
AB754,7,149
13.625
(4m) (h)
Subsections (1) (b) and (3) do not apply to the The furnishing
10of anything of pecuniary value by a principal to an officer or employee of the
11University of Wisconsin System, or the solicitation or acceptance thereof by such an
12officer or employee, for service as a member of the governing body of the principal,
13in an amount not exceeding the amount furnished to other members of the governing
14body for the same service.
AB754,16
15Section 16
. 13.625 (6t) of the statutes is renumbered 13.625 (4m) (i) and
16amended to read:
AB754,7,2017
13.625
(4m) (i)
Subsections (1) (b), (2) and (3) do not apply to the The furnishing
18of educational or informational material by a lobbyist or principal to an elected state
19official, legislative official
, or agency official, or acceptance thereof by an elected state
20official, legislative official
, or agency official.
AB754,17
21Section
17. 13.625 (7) of the statutes is repealed.
AB754,18
22Section 18
. 13.625 (8) of the statutes is renumbered 13.625 (4m) (k) and
23amended to read:
AB754,8,3
113.625
(4m) (k)
Subsection (3) does not apply to the The solicitation of anything
2of pecuniary value for the benefit of the endangered resources program, as defined
3in s. 71.10 (5) (a) 2., by an agency official who administers the program.