LRB-4234/6
JTK:skg:km
1995 - 1996 LEGISLATURE
February 21, 1996 - Introduced by Representatives Green and R. Potter,
cosponsored by Senators Petak and Moen, by request of Ethics Board of
Wisconsin. Referred to Committee on Elections and Constitutional Law.
AB918,1,8 1An Act to repeal 13.68 (1) (c) (intro.) and 1.; to renumber and amend 13.68
2(1) (c) 2. and 13.68 (2); to amend 13.64 (1) (e), 13.68 (1) (a) (intro.), 13.68 (1) (a)
33., 13.68 (1) (e) and (5), 13.69 (6m) and 20.521 (1) (i); and to create 13.62 (14),
413.64 (1) (f), 13.67, 13.68 (1) (bn), 13.68 (2) (b), 13.75 (5) and 19.48 (10) of the
5statutes; relating to: reporting by principals with respect to certain lobbying
6activities, voluntary registration by certain persons with the ethics board,
7compilation and use of certain information provided to the ethics board, making
8an appropriation and providing a penalty.
Analysis by the Legislative Reference Bureau
Currently, each principal (person who employs a lobbyist) must report to the
state ethics board after the end of each 6-month reporting period the number, subject
matter and specific issues addressed in each legislative proposal or administrative
rule on which the principal has attempted to influence legislative or administrative
action. Each lobbyist who is employed by a principal must also report this
information to the principal. The principal forwards information received from its
lobbyists to the state ethics board. Violators are subject to a forfeiture (civil penalty)
not exceeding $5,000 for each violation. A principal who or which files a statement
that the principal does not believe is true may be fined not more than $10,000 or
imprisoned for not more than 5 years, or both.
This bill deletes this reporting requirement and substitutes a requirement for
each principal who or which is not exempt from registration to report to the ethics
board when the principal registers, or thereafter within 5 working days after making
a lobbying communication with respect to any legislative proposal or proposed

administrative rule not previously reported, each bill or proposed rule number with
respect to which the principal has made or intends to make a lobbying
communication. If the bill or proposed rule accounts for 5% or more if its lobbying
time in a reporting period, the principal must, on its semiannual report, provide an
estimate of the proportion of its lobbying time associated with that proposal. With
respect to the executive budget bill or bills, the bill requires a principal to identify,
from a list of topics provided by the ethics board, each topic that accounts for 5% or
more of the principal's lobbying time during the reporting period and provide a
reasonable estimate of the proportion of its lobbying time associated with that topic.
The report must be made in such manner as the ethics board prescribes. Violators
are subject to the same penalties that currently apply to filing of false statements by
principals.
The bill also deletes requirements that a principal identify in its report:
1. Any amounts paid to the principal's clerical employes for lobbying activities.
2. The time and resources spent on each attempt to influence legislative action
or rule making in each subject area. Under the bill, a principal need only include a
daily itemization of the time spent on lobbying activities.
3. The number of hours that the principal's clerical employes and unpaid
volunteers spend on lobbying activities.
4. Travel and living expenses for unpaid volunteers if the primary purpose for
the travel is unrelated to lobbying.
The bill directs the ethics board to compile and make available information filed
with the board in ways designed to facilitate access to the information and permits
the board to charge a fee for making available such information, except that the
board is not permitted to charge a fee for inspecting records at its office. Currently,
the board may charge only for the actual, necessary and direct costs of reproduction
of a record, or the cost of locating a record if the costs of location is $50 or more.
The bill also authorizes any person, including any organization who or which
is not required to register with the ethics board as a principal, to register an interest
in a bill or proposed administrative rule voluntarily by payment of a $10 fee.
In addition, the bill directs the department of administration to provide
technical and administrative support to the ethics board, and to cooperate with the
board, to effect implementation of the requirements created by the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB918, s. 1 1Section 1. 13.62 (14) of the statutes is created to read:
AB918,2,32 13.62 (14) "Working day" means any day except Saturday, Sunday or a holiday
3designated in s. 230.35 (4) (a).
AB918, s. 2
1Section 2. 13.64 (1) (e) of the statutes is amended to read:
AB918,3,42 13.64 (1) (e) The name and position or relationship to the principal of any
3designee who is authorized to sign other documents required under this section or
4s. 13.65, 13.67 or 13.68 (1).
AB918, s. 3 5Section 3. 13.64 (1) (f) of the statutes is created to read:
AB918,3,86 13.64 (1) (f) Each bill or proposed rule number in connection with which the
7principal has made or intends to make a lobbying communication during the biennial
8period to which the registration applies.
AB918, s. 4 9Section 4. 13.67 of the statutes is created to read:
AB918,3,23 1013.67 Identification of legislative and administrative proposals. (1)
11Except as authorized under s. 13.621, no person may engage in lobbying as a lobbyist
12on behalf of a principal and no principal may authorize a lobbyist to engage in
13lobbying on its behalf unless, no later than the end of the 5th working day after the
14principal makes a lobbying communication with respect to a legislative proposal or
15proposed administrative rule not previously identified by the principal under s.
1613.64 (1) (f) or reported under this section during the biennial period for which the
17principal is registered, the principal reports to the board, in such manner as the
18board may prescribe, each bill or proposed rule number in connection with which the
19principal has made or intends to make a lobbying communication. With respect to
20a lobbying communication relating to the executive budget bill or bills introduced
21under s. 16.47, the principal shall further identify from among topics provided by the
22board the topic or topics of its lobbying communications, if any. The report shall be
23made by a person who is identified by the principal under s. 13.64 (1) (e).
AB918,4,3
1(2) Any person who is not a principal may, upon payment of the fee prescribed
2under s. 13.75 (5), register with the board an interest in any bill or proposed
3administrative rule.
AB918, s. 5 4Section 5. 13.68 (1) (a) (intro.) of the statutes is amended to read:
AB918,4,105 13.68 (1) (a) (intro.) The aggregate total amount of lobbying expenditures made
6and obligations incurred for lobbying activities by the principal and all lobbyists for
7the principal, excluding lobbying expenditures and obligations for the principal's
8clerical employes and lobbying expenditures and obligations
specified in pars. (b), (d)
9and (e). With respect to expenditures and obligations included in the amount
10reported under this paragraph:
AB918, s. 6 11Section 6. 13.68 (1) (a) 3. of the statutes is amended to read:
AB918,4,2412 13.68 (1) (a) 3. A reasonable estimate of lobbying expenditures made and
13obligations incurred for conducting, compiling or preparing research, information,
14statistics, studies or analyses used in lobbying shall be included in the aggregate
15total. Lobbying expenditures and obligations shall not be reported under this
16subdivision if the use in lobbying occurs more than 3 years after the completion of
17the research or the compilation or preparation of the information, statistics, studies
18or analyses. If the research, information, statistics, studies or analyses are used by
19the principal both for lobbying and for purposes other than lobbying, the principal
20shall allocate the lobbying expenditures and obligations among the purposes for
21which the research, information, statistics, studies or analyses are used and include
22the portion allocated to lobbying in the aggregate total. Any estimate or allocation
23of expenditures and obligations made in good faith, under this subdivision, fulfills
24the requirements of this subdivision.
AB918, s. 7 25Section 7. 13.68 (1) (bn) of the statutes is created to read:
AB918,5,8
113.68 (1) (bn) For each bill or proposed administrative rule that accounts for
25% or more of the principal's time spent in lobbying during the reporting period, the
3principal's reasonable estimate of the proportion of its time spent in lobbying
4associated with that bill or proposed rule. With respect to executive budget bill or
5bills introduced under s. 16.47, the principal shall further identify from topics
6provided by the board each topic that accounts for 5% or more of the principal's time
7spent in lobbying during the reporting period and the principal's reasonable estimate
8of the proportion of its time spent in lobbying associated with that topic.
AB918, s. 8 9Section 8. 13.68 (1) (c) (intro.) and 1. of the statutes are repealed.
AB918, s. 9 10Section 9. 13.68 (1) (c) 2. of the statutes is renumbered 13.68 (1) (c) and
11amended to read:
AB918,5,1712 13.68 (1) (c) A contemporaneous record disclosing the time and resources spent
13on each attempt to influence legislative or administrative action in each subject area.
14The contemporaneous record shall be supplied on a form provided by the board and
15shall include an a daily itemization of the time and resources, except the time of
16clerical employes and unpaid volunteers,
spent on research and preparation, the
17time spent meeting
:
AB918,5,19 181. Meeting with elective state officials, agency officials, legislative employes of
19the state and other state employes having decision-making authority , and.
AB918,5,20 202. Research, preparation and any other activity which includes lobbying.
AB918, s. 10 21Section 10. 13.68 (1) (e) and (5) of the statutes are amended to read:
AB918,5,2522 13.68 (1) (e) The total lobbying expenditures made and obligations incurred for
23personal travel and living expenses, except for expenditures made or obligations
24incurred for the travel and living expenses of unpaid volunteers if the primary
25purpose of the travel is for reasons unrelated to lobbying
.
AB918,6,8
1(5) Records. All Each principal and each lobbyist engaged by a principal shall
2obtain, organize and preserve all
accounts, bills, receipts, books, papers and other
3documents necessary to substantiate the expense statement shall be obtained,
4organized and preserved by the principal and any lobbyist engaged by the principal
,
5including a contemporaneous account identifying the amount of time that a principal
6and each of its authorized lobbyists spend on lobbying each day,
for 3 years after the
7date of filing the expense statement. A principal may permit its authorized lobbyist
8to maintain any of the records identified in this subsection on its behalf
.
AB918, s. 11 9Section 11. 13.68 (2) of the statutes is renumbered 13.68 (2) (a) and amended
10to read:
AB918,6,1611 13.68 (2) (a) If the principal compensates or reimburses a lobbyist or employe
12both for lobbying activities or expenses which are not exempt under s. 13.621 and for
13other activities or expenses, for the purposes of sub. (1) (a) 1. or 6., the lobbyist or
14principal may either report the entire amount of the compensation or reimbursement
15or
estimate and report the portion of the compensation or reimbursement paid for
16nonexempt lobbying activities or expenses.
AB918, s. 12 17Section 12. 13.68 (2) (b) of the statutes is created to read:
AB918,6,1918 13.68 (2) (b) Any reasonable estimate or allocation made in good faith under
19sub. (1) (a) 3. or (bn) or this subsection fulfills the requirements of this section.
AB918, s. 13 20Section 13. 13.69 (6m) of the statutes is amended to read:
AB918,6,2421 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a
22principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which
23he or she does not believe to be true may be fined not more than $10,000 or
24imprisoned for not more than 5 years or both.
AB918, s. 14 25Section 14. 13.75 (5) of the statutes is created to read:
AB918,7,2
113.75 (5) Registering an interest in a bill or proposed administrative rule under
213.67 (2), $10.
AB918, s. 15 3Section 15. 19.48 (10) of the statutes is created to read:
AB918,7,84 19.48 (10) Compile and make available information filed with the board in
5ways designed to facilitate access to the information. The board may charge a fee for
6compiling, disseminating or making available such information, except that the
7board shall not charge a fee for inspection at the board's office of any record otherwise
8open to public inspection under s. 19.35.
AB918, s. 16 9Section 16. 20.521 (1) (i) of the statutes is amended to read:
AB918,7,1710 20.521 (1) (i) Materials and services. The amounts in the schedule for the costs
11of publishing documents, locating and copying records, postage and shipping and
12conducting programs under s. 19.48 (9) and of compiling, disseminating and making
13available information prepared by and filed with the board under s. 19.48 (10)
. All
14moneys received by the board from sales of documents, and from fees collected for
15copies of records, for postage, for shipping and location fees, and from fees assessed
16to participants in programs under s. 19.48 (9) and (10) shall be credited to this
17appropriation account.
AB918, s. 17 18Section 17. Nonstatutory provisions; technical and administrative
support.
AB918,7,21 19(1) The department of administration shall provide technical and
20administrative support to the ethics board, and shall cooperate with the board, to
21effect implementation of this act.
AB918, s. 18 22Section 18. Effective date.
AB918,7,23 23(1) This act takes effect on January 1, 1997.
AB918,7,2424 (End)
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