13.625(10)
(10) This section does not apply to the solicitation, acceptance or furnishing of anything of pecuniary value by the department of tourism, or to a principal furnishing anything of pecuniary value to the department of tourism, under
s. 19.56 (3) (em) or
(f) for the activity specified in
s. 19.56 (3) (em).
13.625 Annotation
This section does not prohibit Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting payments.
78 Atty. Gen. 149.
13.625 Annotation
Prohibition against furnishing anything of pecuniary value to state officials and interaction with 19.56 discussed.
80 Atty. Gen. 205.
13.625 Annotation
The clause in sub. (1) (b) 3 stating "any other thing of pecuniary value" is unconstitutional insofar as it prohibits uncompensated personal services by lobbyists on behalf of candidates for state office. Barker v. State Ethics Board, 841 F Supp 255 (1993).
13.63
13.63
Licenses for lobbyists; suspension or revocation. 13.63(1)(1)
Licenses. An application for a license to act as a lobbyist may be obtained from and filed with the board. The application shall be signed, under the penalty for making false statements under
s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under
s. 13.75 (1) or
(1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed an authorization under
s. 13.65 for that lobbyist and paid the authorization fee under
s. 13.75 (4). The license shall expire on December 31 of each even-numbered year. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under
s. 13.69 (4) or lobbyist whose license has been revoked under
s. 13.69 (7) and only for the period of such ineligibility or revocation. Denial of a license may be reviewed under
ch. 227.
13.63(2)
(2) Revocation of lobbying privileges. No lobbyist whose license has been revoked under
s. 13.69 (7)
may engage in lobbying as a lobbyist for any principal until such person has been reinstated to the practice of lobbying and duly licensed.
13.64
13.64
Lobbying registry. 13.64(1)(1) Every principal who makes expenditures or incurs obligations in an aggregate amount exceeding $500 in a calendar year for the purpose of engaging in lobbying which is not exempt under
s. 13.621 shall, within 10 days after exceeding $500, cause to be filed with the board a registration statement specifying the principal's name, business address, the general areas of legislative and administrative action which the principal is attempting to influence, the names of any agencies in which the principal seeks to influence administrative action, and information sufficient to identify the nature and interest of the principal. The statement shall be signed, under the penalty for making false statements under
s. 13.69 (6m), by an individual identified under
par. (e) who is authorized to represent the principal. The statement shall include:
13.64(1)(a)
(a) If the principal is an individual, the name and address of the individual's employer, if any, or the individual's principal place of business if self-employed, and a description of the business activity in which the individual or the individual's employer is engaged.
13.64(1)(b)
(b) If the principal is a business entity, a description of the business activity in which the principal is engaged and the name of its chief executive officer, or in the case of a partnership or limited liability company the names of the partners or members.
13.64(1)(c)
(c) If the principal is an industry, trade or professional association, a description of the industry, trade or profession which it represents including a specific description of any segment or portion of the industry, trade or profession which the association exclusively or primarily represents and the name of the chief executive officer and the approximate number of its members.
13.64(1)(d)
(d) If the principal is not an individual, business entity or industry, trade or professional association, a statement of the principal's nature and purposes, including a description of any industry, trade, profession or other group with a common interest which the principal primarily represents or from which its membership or financial support is primarily derived and the approximate number of its members.
13.64(1)(e)
(e) The name and position or relationship to the principal of any designee who is authorized to sign other documents required under this section or
s. 13.68 (1).
13.64(2)
(2) The registration shall expire on December 31 of each even-numbered year. If all lobbying by or on behalf of the principal which is not exempt under
s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under
s. 13.65 as of the day after the principal files a statement of cessation and expense statements under
s. 13.68 for the period covering all dates on which the principal was registered.
13.64(3)
(3) Each principal registered under this section shall, before the principal or a lobbyist for the principal attempts to influence legislative or administrative action 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 and in relation to which a lobbyist is employed.
13.65
13.65
Lobbyist authorization. Before engaging in lobbying on behalf of a principal, a lobbyist or the principal who employs a lobbyist shall file with the board a written authorization for the lobbyist to represent the principal, signed by or on behalf of the principal. A lobbyist or principal shall file a separate authorization for each principal represented by a lobbyist.
13.65 History
History: 1977 c. 278;
1989 a. 338.
13.66
13.66
Restrictions on practice of lobbying. Except as authorized under
s. 13.621, no person may engage in lobbying as a lobbyist unless the person has been licensed under
s. 13.63 and has been authorized to act as a lobbyist for the principal whom the lobbyist represents under
s. 13.65. Except as authorized under
s. 13.621, no principal may authorize its lobbyist to engage in lobbying until the lobbyist is licensed and the principal is registered under
s. 13.64.
13.66 History
History: 1977 c. 278;
1989 a. 338.
13.68
13.68
Principal's expense statement. 13.68(1)
(1)
Statement. Every principal which is registered under
s. 13.64 shall, on or before July 31 and January 31, file with the board an expense statement covering the preceding reporting period. The statement shall be signed, under the penalty for making false statements provided in
s. 13.69 (6m), by an individual identified under
s. 13.64 (1) (e) who is authorized to represent the principal. The statement shall contain the following information:
13.68(1)(a)
(a) The aggregate total amount of lobbying expenditures made and obligations incurred for lobbying activities by the principal and all lobbyists for the principal, excluding 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:
13.68(1)(a)1.
1. Lobbying expenditures made and obligations 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.
13.68(1)(a)2.
2. Except as provided in
subd. 3., lobbying expenditures made and obligations incurred in preparing for lobbying shall be included in the aggregate total.
13.68(1)(a)3.
3. A reasonable estimate of lobbying expenditures made and obligations 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 shall not be reported under this subdivision if the use in lobbying 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 and for 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 in the aggregate total. Any estimate or allocation of expenditures and obligations made in good faith, under this subdivision, fulfills the requirements of this subdivision.
13.68(1)(a)4.
4. Lobbying expenditures made and obligations incurred for providing or using research, information, statistics, studies or analyses in lobbying shall be included in the aggregate total.
13.68(1)(a)5.
5. Lobbying expenditures made and obligations 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 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.
13.68(1)(a)6.
6. If the total amount of lobbying expenditures and obligations, 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.
13.68(1)(b)
(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 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 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.
13.68(1)(c)
(c) A detailed description of each subject area in which the principal attempted to influence legislative or administrative action during the reporting period, including all of the following:
13.68(1)(c)1.
1. The number, subject matter and specific issues addressed in the legislative proposals or administrative rules, if any, on which the principal attempted to influence legislative or administrative action in each subject area.
13.68(1)(c)2.
2. A contemporaneous record disclosing the time and resources spent on each attempt to influence legislative or administrative action in each subject area. The contemporaneous record shall be supplied on a form provided by the board and shall include an itemization of the time and resources spent on research and preparation, the time spent meeting with elective state officials, agency officials, legislative employes of the state and other state employes having decision-making authority, and any other activity which includes lobbying.
13.68(1)(d)
(d) The name of any agency official, legislative employe, elective state official or candidate for elective state office to whom the principal or any lobbyist for the principal provided reimbursement authorized under
s. 13.625 (7) and the date and amount reimbursed.
13.68(1)(e)
(e) The total lobbying expenditures made and obligations incurred for personal travel and living expenses.
13.68(2)
(2) Estimates. If the principal compensates or reimburses a lobbyist or employe both for lobbying activities or expenses 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 may either report the entire amount of the compensation or reimbursement or estimate and report the portion of the compensation or reimbursement paid for nonexempt lobbying activities or expenses.
13.68(3)
(3) Exempt activities. Lobbying expenditures made and obligations 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).
13.68(4)
(4) Reports by lobbyist. A lobbyist whose activities and expenditures are required to be reported by a principal under
sub. (1) shall provide to the principal information which the principal determines is needed to prepare the statement. The principal shall file a copy of the information, signed by the lobbyist under the penalty for making false statements provided in
s. 13.69 (6m), with the board at the time of filing the statement under
sub. (1).
13.68(5)
(5) Records. All accounts, bills, receipts, books, papers and other documents necessary to substantiate the expense statement shall be obtained, organized and preserved by the principal and any lobbyist engaged by the principal for 3 years after the date of filing the expense statement.
13.68(6)
(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 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 on behalf of the principal. The privilege of any lobbyist to lobby 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 under this subsection may request a hearing under
s. 227.42 regarding the suspension.
13.68 History
History: 1977 c. 278;
1989 a. 338 ss.
19,
27 to
32.
13.685
13.685
Duties of the ethics 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 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 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.
13.69
13.69
Enforcement and penalties. 13.69(1)
(1) 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(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 employe 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 employe 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 or
13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 5 years or both.
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.
13.69(8)
(8) The attorney general, at the request of the board, may commence a civil action to require forfeitures and license revocations for any violation of this subchapter for which a civil penalty is applicable. The attorney general may, upon information, commence a criminal action for any violation of this subchapter for which a criminal penalty is applicable.
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 employes 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 employe 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 employe has attempted to influence.
13.695(2)
(2) Any change in the name of an officer or employe 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 employe of an agency who attempts to influence legislative action which affects the financial interests of such employe, 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 employe of the legislature with whom such person has a direct communication concerning such legislation.
13.695(4)
(4) No officer or employe 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, employes, 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, $250.
13.75(1m)
(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.
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.
