LRB-3463/1
JTK:jlg:mrc
1999 - 2000 LEGISLATURE
October 12, 1999 - Introduced by Representatives Leibham, Albers, Gunderson,
Sykora, Owens, Huebsch, Hoven, Goetsch, Hahn, Plale and Meyer,
cosponsored by Senators Panzer, Zien, Welch, Farrow, Darling and
Huelsman. Referred to Committee on Campaigns and Elections.
AB530,1,3
1An Act to create 13.62 (5m), 13.625 (8s), 19.42 (4m) and 19.45 (13) of the
2statutes;
relating to: offers and gifts to state public officials and their personal
3campaign committees for the benefit of charitable organizations.
Analysis by the Legislative Reference Bureau
Currently, under the code of ethics for state public officials (which applies to all
elective and major appointive officials), no person may offer or give to a state public
official, and no state public official may solicit or accept from any person, anything
of value if it could reasonably be expected to influence the official's vote, official
actions or judgment, or could reasonably be considered as a reward for any official
action or inaction on the part of the official.
In addition, no state public official may use his or her public position or office
to obtain financial gain or anything of substantial value for the private benefit of an
organization in which the official or a member of the official's immediate family is a
director, officer or trustee, or owns or controls, directly or indirectly, individually or
in combination with other immediate family members, at least 10% of the
outstanding equity, or of which the official or a member of the official's immediate
family is an authorized representative or agent.
This bill provides that these prohibitions do not apply to the solicitation or
acceptance of a donation by a state public official or to the gift or offer of a gift of a
donation by any person, to or on behalf of a charitable, religious, scientific or
educational organization that is exempt from the federal income tax.
Currently, no elective state official, official of a state agency who has
responsibility for rule making or legislative employe, and no personal campaign
committee of such an official or employe, may solicit or accept anything of pecuniary
value from a lobbyist or principal (person who employs a lobbyist).
This bill provides that this prohibition does not apply to the solicitation or
acceptance of anything of pecuniary value for the benefit of a charitable, religious,
scientific or educational organization that is exempt from the federal income tax by
an elective state official, official of a state agency or legislative employe who is a state
public official, or by the personal campaign committee of such an official or employe.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB530, s. 1
1Section
1. 13.62 (5m) of the statutes is created to read:
AB530,2,32
13.62
(5m) "Charitable organization" has the meaning given under s. 19.42
3(4m).
AB530, s. 2
4Section
2. 13.625 (8s) of the statutes is created to read:
AB530,2,95
13.625
(8s) Subsection (3) does not apply to the solicitation or acceptance of
6anything of pecuniary value for the benefit of a charitable organization by an elective
7state official, agency official or legislative employe of the state who is a state public
8official, as defined in s. 19.42 (14), or by the personal campaign committee of such an
9official or employe.
AB530, s. 3
10Section
3. 19.42 (4m) of the statutes is created to read:
AB530,2,1211
19.42
(4m) "Charitable organization" means an organization described in
26
12USC 501 (c) (3) that is exempt from the federal income tax under
26 USC 501 (a).
AB530, s. 4
13Section
4. 19.45 (13) of the statutes is created to read:
AB530,2,1614
19.45
(13) Notwithstanding subs. (2) and (3), this section does not apply to the
15solicitation or acceptance of a donation by a state public official or to the gift or offer
16of a gift of a donation by any person, to or on behalf of a charitable organization.
