13.62(1)
(1) "Administrative action" means the proposal, drafting, development, consideration, promulgation, amendment, repeal or rejection by any agency of any rule promulgated under
ch. 227.
13.62(2)
(2) "Agency" means any board, commission, department, office, society, institution of higher education, council or committee in the state government, or any authority created in
ch. 231,
232,
233 or
234, except that the term does not include a council or committee of the legislature.
13.62(3)
(3) "Agency official" means a member, officer, employe or consultant of any agency who as part of such person's official responsibilities participates in any administrative action in other than a solely clerical, secretarial or ministerial capacity.
13.62(4)
(4) "Board" means the ethics board.
13.62(5)
(5) "Business entity" means any organization or enterprise operated for profit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association.
13.62(6)
(6) "Elective state official" means any person who holds an elective state office as defined in
s. 5.02 (23) or has been elected to an elective state office but has not yet taken office. A person who is appointed to fill a vacant elective state office is an elective state official.
13.62(8)
(8) "Legislative action" means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment or defeat of any bill, resolution, amendment, report, nomination, administrative rule or other matter by the legislature or by either house or any committee, subcommittee, joint or select committee thereof, or by a legislator or employe of the legislature acting in an official capacity. "Legislative action" also means the action of the governor in approving or vetoing any bill or portion thereof, and the action of the governor or any agency in the development of a proposal for introduction in the legislature.
13.62(8m)
(8m) "Legislative employe" means a member or officer of the legislature, an individual employed under
s. 13.20 or an employe of a legislative service agency, as defined in
s. 16.70 (6).
13.62(10)
(10) "Lobbying" means the practice of attempting to influence legislative or administrative action by oral or written communication with any elective state official, agency official or legislative employe, and includes time spent in preparation for such communication and appearances at public hearings or meetings or service on a committee in which such preparation or communication occurs.
13.62(10g)
(10g) "Lobbying communication" means an oral or written communication with any agency official, elective state official or legislative employe that attempts to influence legislative or administrative action, unless exempted under
s. 13.621.
13.62(10r)
(10r) "Lobbying expenditure" means an expenditure related to the performance of lobbying, whether received in the form of an advance or subsequent reimbursement. The term includes an expenditure for conducting research or for providing or using information, statistics, studies or analyses in communicating with an official that would not have been incurred but for lobbying.
13.62(11)
(11) "Lobbyist" means an individual who is employed by a principal, or contracts for or receives economic consideration, other than reimbursement for actual expenses, from a principal and whose duties include lobbying on behalf of the principal. If an individual's duties on behalf of a principal are not limited exclusively to lobbying, the individual is a lobbyist only if he or she makes lobbying communications on each of at least 5 days within a reporting period.
13.62(11m)
(11m) "Local official" means any person who holds a local office as defined in
s. 5.02 (9) or has been elected to a local office but has not yet taken office, and every person who is employed by a county, city, town, village or school district who is not employed principally to influence legislative or administrative action. A person who is appointed to fill a vacant local office is a local official.
13.62(11p)
(11p) "Partisan elective state office" means the office of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state senator or state representative to the assembly.
13.62(11r)
(11r) "Partisan elective state official" means any individual holding a partisan elective state office.
13.62(12)
(12) "Principal" means any person who employs a lobbyist. If an association, corporation, limited liability company or partnership engages a lobbyist, an officer, employe, member, shareholder or partner of the association, corporation, limited liability company or partnership shall not be considered a principal.
13.62(12g)
(12g) "Relative" means a parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, nephew, niece, spouse, fiance or fiancee.
13.62(12r)
(12r) "Reporting period" means any 6-month period beginning with January 1 and ending with June 30 or beginning with July 1 and ending with December 31.
13.62 Annotation
State and its agencies aren't "principals" under sub. (12).
77 Atty. Gen. 126.
13.621(1)(1)
Complete exemption for certain conduct. This subchapter does not apply to the following activities:
13.621(1)(a)
(a) Lobbying through communications media or by public addresses to audiences made up principally of persons other than legislators or agency officials.
13.621(1)(b)
(b) Except as provided in
s. 13.68 (1) (a) 5., news or feature reporting, paid advertising activities or editorial comment by working members of the press, and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station or television station.
13.621(1)(c)
(c) Requests by a member or employe of the legislature or by a legislative committee for information from an agency or its employes and the furnishing of the requested information by that agency or its employes.
13.621(1)(d)
(d) Lobbying of an agency official by an agency official of a different agency or another agency official of the same agency.
13.621(1)(e)
(e) Participation as a member in the deliberations of a committee under
s. 227.13 or any committee of the legislature.
13.621(1)(f)
(f) Requests by an agency official for information from any person and the furnishing of the information by that person, or requests by any person for information from any agency official and the furnishing of the information by that official.
13.621(2)
(2) State agency lobbying activities. An agency which files a statement under
s. 13.695 and an official of the agency who is named in the statement are not subject to
s. 13.625,
13.63,
13.64,
13.65 or
13.68 except as provided in
s. 13.695.
13.621(3)
(3) Performance of public official duties. An elective state official, local official or employe of the legislature is not subject to
s. 13.63,
13.64,
13.65,
13.68 or
13.695 when acting in an official capacity.
13.621(5)
(5) Verified statements. Any principal who or which anticipates making expenditures or incurring obligations in an aggregate amount not exceeding $500 in a calendar year for the purpose of engaging in lobbying activities which are not exempt under this section may so indicate on a verified statement filed with the board. The statement shall disclose the name, address and telephone number of the principal and a brief description of each cause or interest for which the principal employs a lobbyist. The statement shall also disclose the name and business address of any lobbyist who is employed by such principal to engage in lobbying activities which are not exempt under this section. A statement filed under this subsection expires at midnight on December 31 of each year, or upon revocation by the principal, whichever is earlier. Any principal and any lobbyist acting on behalf of a principal making such a statement is not subject to licensing under
s. 13.63, registration under
s. 13.64, or the reporting requirements under
s. 13.68, if the statement is true. The statement may be revoked at any time by the principal and the principal and any lobbyist employed by the principal are then subject to such requirements as of the date of revocation. The statement shall be revoked no later than 10 days after the date the aggregate expenditures or obligations in the calendar year for the purpose of engaging in such lobbying activities exceed $500. The fee paid under
s. 13.75 (3) for filing a statement under this subsection shall be credited toward payment of the fee under
s. 13.75 (2) if the fee under
s. 13.75 (2) is paid within the same year.
13.621(6)
(6) Individual right to lobby. Nothing in
ss. 13.61 to
13.695 may be applied to or interfere with the right of any individual to engage in lobbying:
13.621(6)(b)
(b) By communicating solely with a legislator who represents the senate or assembly district in which the individual resides, whether or not such communication is made on behalf of the individual or on behalf of another person.
13.625
13.625
Prohibited practices. 13.625(1)(a)
(a) Instigate legislative or administrative action for the purpose of obtaining employment in support or opposition thereto.
13.625(1)(b)
(b) Furnish to any agency official or legislative employe of the state or to any elective state official or candidate for an elective state office, or to the official's, employe's or candidate's personal campaign committee:
13.625(1)(b)3.
3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which
par. (c) applies only as authorized in
par. (c).
13.625(1)(c)
(c) Except as permitted in this subsection, make a campaign contribution, as defined in
s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:
13.625(1)(c)1.
1. A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.
13.625(1)(c)2.
2. A campaign contribution by a lobbyist to the lobbyist's campaign for partisan elective state office may be made at any time.
13.625(1)(d)
(d) Contract to receive or receive compensation dependent in any manner upon the success or failure of any legislative or administrative action.
13.625(2)
(2) No principal may engage in the practices prohibited under
sub. (1) (b) and
(c). This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.
13.625(3)
(3) No candidate for an elective state office, elective state official, agency official or legislative employe of the state may solicit or accept anything of pecuniary value from a lobbyist or principal, except as permitted under
subs. (1) (b) 3. and
(c),
(2),
(4),
(5),
(6),
(7),
(8) and
(9). No personal campaign committee of a candidate for state office may accept anything of pecuniary value from a lobbyist or principal, except as permitted for such a candidate under
subs. (1) (b) 3. and
(c),
(2) and
(6).
13.625(4)
(4) Subsections (1) (b) and
(3) do not apply to the compensation or furnishing of employe benefits by a principal to an employe who is a candidate for an elective state office but who does not hold such an office if the employe is neither an agency official nor legislative employe, and if the principal or employe can demonstrate by clear and convincing evidence that the principal's employment of the employe and the compensation and employe benefits paid to the employe are unrelated to the candidacy. If the employe was employed by the principal prior to the first day of the 12th month commencing before the deadline for the filing of nomination papers for the office sought and the employment continues uninterrupted, without augmentation of compensation or employe benefits, except as provided by preexisting employment agreement, it is rebuttably presumed that the employment and compensation and benefits paid are unrelated to the candidacy.
13.625(5)
(5) This section does not apply to food, meals, beverages or entertainment provided by the governor when acting in an official capacity.
13.625(6)
(6) Subsections (1) (b) and
(c),
(2) and
(3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual.
13.625(6g)(a)(a) Subsections (1) (b) and
(3) do not apply to the furnishing of anything of pecuniary value by a principal that is a local governmental unit to a legislative official or an agency official who is an elected official of that local governmental unit, or to the solicitation or acceptance thereof by such a legislative official or agency official, in an amount not exceeding the amount furnished to other similarly situated elected officials of the same local governmental unit.
13.625(6g)(b)
(b) Subsections (1) (b) and
(3) do not apply to the furnishing of a per diem or reimbursement for actual and reasonable expenses by a principal that is a local governmental unit to a legislative official or an agency official who is an appointed official of that local governmental unit, or to the solicitation or acceptance thereof by such a legislative official or agency official, in an amount not exceeding the amount furnished to other similarly situated appointed officials of the same local governmental unit.
13.625(6r)
(6r) Subsections (1) (b) and
(c) and
(3) do not apply to the furnishing of anything of pecuniary value by a lobbyist or principal to an employe of that lobbyist or principal who is a legislative official or an agency official solely because of membership on a state commission, board, council, committee or similar body if the thing of pecuniary value is not in excess of that customarily provided by the employer to similarly situated employes and if the legislative official or agency official receives no compensation for his or her services other than a per diem or reimbursement for actual and necessary expenses incurred in the performance of his or her duties, nor to the receipt of anything of pecuniary value by that legislative official or agency official under those circumstances.
13.625(6s)
(6s) Subsections (1) (b) and
(3) do not apply to the furnishing of anything of pecuniary value by a principal to an officer or employe of the university of Wisconsin system, or the solicitation or acceptance thereof by such an officer or employe, for service as a member of the governing body of the principal, in an amount not exceeding the amount furnished to other members of the governing body for the same service.
13.625(6t)
(6t) Subsections (1) (b),
(2) and
(3) do not apply to the furnishing of educational or informational material by a lobbyist or principal to an elected state official, legislative official or agency official, or acceptance thereof by an elected state official, legislative official or agency official.
13.625(7)
(7) This section does not apply to the furnishing or receipt of a reimbursement or payment for actual and reasonable expenses authorized under
s. 19.56 for the activities listed in that section.
13.625(8)
(8) Subsection (3) does not apply to the solicitation of anything of pecuniary value for the benefit of the endangered resources program, as defined in
s. 71.10 (5) (a) 2., by an agency official who administers the program.
13.625(8m)
(8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in
s. 292.51 (1), by an agency official of the department of natural resources.
13.625(9)
(9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the department of commerce, or to a principal furnishing anything of pecuniary value to the department of commerce, under
s. 19.56 (3) (e) or
(f) for the activities specified in
s. 19.56 (3) (e).
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)(a)(a) An application for a license to act as a lobbyist may be obtained from and filed with the board. An applicant shall include his or her social security number on the application. 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.
13.63(1)(b)
(b) The board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under
s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857. No other application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or
s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or
s. 13.69 (7) and only for the period of such ineligibility or revocation.
13.63(1)(c)
(c) [Denial of a license] on the basis of a certification by the department of revenue may be reviewed under
s. 73.0301. Except with respect to a license that is denied or suspended pursuant to a memorandum of understanding entered into under
s. 49.857, denial or suspension of [[a license Denial of]] any other license may be reviewed under
ch. 227.
13.63 Note
NOTE: Sub. (1) (a), (b) and (c) is shown as renumbered from sub. (1) by the revisor under s. 13.93 (1) (b) and as affected by 2 acts of the 1997 legislature and merged by the revisor under s. 13.93 (2) (c). The single-bracketed language in par. (c) is inserted to give effect to the amendment by
1997 Wis. Act 237. The double-bracketed language was rendered surplusage by the interaction of
1997 Wis. Acts 191 and
237. Corrective legislation is pending.
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, a description of the business activity in which the individual or the individual's employer is engaged and the individual's social security number.
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. 13.65,
13.67 or
13.68 (1).
13.64(2)
(2) The registration shall expire on December 31 of each even-numbered year. The board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under
s. 49.857. 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. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under
s. 49.857 is not subject to review under
ch. 227.
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.
