13.55(5)
(5) Nonlawyer members. The commissioners shall individually and collectively endeavor to secure the right of any person to become a voting commissioner or associate member of the national conference of commissioners on uniform state laws without regard to his or her membership in the bar of the state which he or she represents. The commission shall include in its first 2 biennial reports under
sub. (4) after January 1, 1981 a description of the endeavors, an assessment of the probability of their success within the foreseeable future and further recommendations for accomplishing the objective described in this subsection.
13.56
13.56
Joint committee for review of administrative rules. 13.56(1)(1)
Creation. There is created a joint committee for review of administrative rules, consisting of 5 senators and 5 representatives to the assembly appointed as are the members of standing committees in their respective houses from the majority and minority political parties in each house. In making the appointments, each house shall designate a cochairperson. The committee shall meet at the call of one of its cochairpersons.
13.56(2)
(2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under
ss. 227.40 (5) and
806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under
s. 20.765 (1) (a) and
(b), except that such costs incurred by the department of justice shall be paid from the appropriation under
s. 20.455 (1) (d).
13.56 Cross-reference
Cross-reference: See s.
227.19 (1) for a statement of legislative policy regarding legislative review of administrative rules. See s.
227.26 for review after promulgation of rules.
13.56 Note
NOTE: The following annotations relate to 13.56 as it existed prior to its amendment by ch. 34, laws of 1979.
13.56 Annotation
It is some evidence of legislative acquiescense to an agency interpretation of a statute when that interpretation was promulgated as a rule and subjected to legislative oversight. American Motors Corp. v. DILHR,
101 Wis. 2d 337,
305 N.W.2d 62 (1981).
13.56 Annotation
A collective bargaining agreement between the regents and the teaching assistants association is not subject to review by the committee. 59 Atty. Gen. 200.
13.56 Annotation
In giving notice of public hearings held under sub. (2), the committee should concurrently employ the various forms of notice available that best fit the particular circumstances. 62 Atty. Gen. 299.
13.56 Annotation
Legislative oversight of administrative rules is discussed. 63 Atty. Gen. 159, 173.
13.56 Annotation
The vote of an absent member of the joint committee cannot be counted. Legislative oversight of administrative rules discussed. 63 Atty. Gen. 168.
13.56 Annotation
Legislative committee review of administrative rules in Wisconsin. Bunn and Gallagher. 1977 WLR 935.
13.565
13.565
Legislative review of certain rules. Upon referral of any proposed rule relating to animal waste treatment to the presiding officers of each house of the legislature under
s. 227.19 (2), the presiding officers shall refer it to a senate and an assembly committee concerned with agriculture. The committees shall hold a public hearing to review the proposed rule.
13.57
13.57
National conference of state legislatures. 13.57(1)(1) The legislative delegates to the national conference of state legislatures shall be designated by the committee on senate organization for the senate and by the speaker for the assembly. Vouchers to reimburse the actual and necessary expenses of the delegates to the conference shall be certified by the chairperson of the committee on senate organization for the senate and by the speaker for the assembly.
13.57(2)
(2) Officers or employees under this chapter may be designated as delegates to the conference by the appropriate legislative officer or as provided by the appropriate governing body. Vouchers to reimburse the actual and necessary expenses of these delegates to the conference shall be certified by the chairperson of the appropriate governing body or by the appropriate legislative officer.
13.58
13.58
Joint committee on information policy and technology. 13.58(1)(1)
Creation. There is created a joint standing committee on information policy and technology composed of 3 majority party and 2 minority party senators and 3 majority and 2 minority party representatives to the assembly, appointed as are the members of standing committees in their respective houses.
13.58(2)
(2) Officers. In making appointments of the members of each house, each house shall designate a cochairperson.
13.58(3)
(3) Staff. The committee shall be staffed as are other standing committees of the legislature.
13.58(4)
(4) Meetings. The committee shall meet as often as necessary to perform its duties and functions.
13.58(5)(a)(a) The committee shall do all of the following:
13.58(5)(a)1.
1. Review information management and technology systems, plans, practices and policies of state and local units of government, including their responsiveness to the needs of state and local units of government for delivery of high-quality services on an efficient, effective and economical basis, their data security and integrity, their protection of the personal privacy of individuals who are subjects of databases of state and local governmental agencies and their provision of access to public records under
s. 19.35 (1).
13.58(5)(a)2.
2. Review the effects on the needs identified under
subd. 1. of proposals for the expansion of existing information technology and the implementation of new information technology by the state.
13.58(5)(a)3.
3. Review the impact of proposed legislation on existing technology utilization by state and local units of government.
13.58(5)(a)5.
5. Upon receipt of strategic plans from the department of administration, the joint committee on legislative organization and the director of state courts, review and transmit comments concerning the plans to the entities submitting the plans.
13.58(5)(b)
(b) The committee may do any of the following:
13.58(5)(b)1.
1. Direct the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under
par. (a).
13.58(5)(b)2.
2. Make recommendations to the governor, the legislature, state agencies or local units of government regarding the policies, practices, proposals, legislation and reports reviewed under
subd. 1. and
par. (a).
13.58(5)(b)3.
3. Direct the board of regents of the University of Wisconsin System to prepare and submit to the committee such reports as the committee requests pursuant to the committee's responsibilities under
par. (a).
13.58(5)(b)4.
4. With the concurrence of the joint committee on finance, direct the department of administration to report semiannually to the committee and the joint committee on finance concerning any specific information technology system project which is being designed, developed, tested or implemented and which the committees anticipate will have a total cost to the state exceeding $1,000,000 in the current or any succeeding fiscal biennium. The report shall include all of the following:
13.58(5)(b)4.a.
a. The major stages and substages of the project, including an assessment of need, design, implementation and testing stages and their major substages.
13.58(5)(b)4.b.
b. The scheduled, estimated and actual completion dates for each major stage and substage of the project.
13.58(5)(b)4.c.
c. The budgeted amounts and amounts actually expended on each major stage and substage of the project.
13.58(5)(b)4.d.
d. An evaluation of the project, including any problems encountered or risks associated with proceeding to the next stage of the project, if any.
REGULATION OF LOBBYING
13.61
13.61
Lobbying regulated; legislative purpose. The legislature declares that the operation of an open and responsible government requires that the fullest opportunity be afforded to the people to petition their government for the redress of grievances and to express freely to any officials of the executive or legislative branch their opinions on legislation, on pending administrative rules and other policy decisions by administrative agencies, and on current issues. Essential to the continued functioning of an open government is the preservation of the integrity of the governmental decision-making process. In order to preserve and maintain the integrity of the process, the legislature determines that it is necessary to regulate and publicly disclose the identity, expenditures and activities of persons who hire others or are hired to engage in efforts to influence actions of the legislative and executive branches.
13.61 History
History: 1977 c. 278;
1989 a. 338.
13.61 Annotation
Wisconsin's New Lobby Law. Christianson. Wis. Law. June 1991.
13.62
13.62
Definitions. In this subchapter:
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, employee 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(4m)
(4m) "Budget bill subject" means a subject specified by the board that is included in the executive budget bill or bills introduced under
s. 16.47.
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, proposed 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 employee 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 employee" means a member or officer of the legislature, an individual employed under
s. 13.20 or an employee of a legislative service agency, as defined in
s. 16.70 (6).
13.62(8s)
(8s) "Legislative proposal" means a bill, resolution or joint resolution.
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 employee, 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 employee 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, employee, 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
The state and its agencies are not "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 employee of the legislature or by a legislative committee for information from an agency or its employees and the furnishing of the requested information by that agency or its employees.
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 employee 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.
