Wisconsin Lobbying Disclosure
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1 Wiscnsin Lbbying Disclsure These resurces are current as f 11/21/18. We d ur best t peridically update these resurces and welcme any cmments r questins regarding new develpments in the law. Please us at advcacy@afj.rg. What s New in This Guide The fllwing changes/additins have been made since the previus versin f this guide: Membership f the Wiscnsin Ethics Cmmissin which, tgether with the Wiscnsin Electins Cmmissin, will replace the Gvernment Accuntability Bard (G.A.B.) n June 30, This guide summarizes key aspects f laws and regulatins gverning lbbying n the state level. It is nt intended t prvide legal advice r t serve as a substitute fr legal advice. In sme jurisdictins, city and/r cunty regulatins may als apply t certain plitical activities. Check with the apprpriate lcal jurisdictin befre undertaking any activity. 1
2 TABLE OF CONTENTS 1. Ethics Cmmissin 2. Definitins a. Lbbying b. Types f Lbbyists c. Other Actrs d. Grassrts Lbbying 3. Registratin a. Registratin f Principals i. Timing ii. Disclsures iii. Renewing Registratin iv. Fee b. Registratin f Lbbyists i. Timing ii. Disclsures iii. Renewing Registratin iv. Fee 4. Reprting a. Reprting by Principals b. Reprting by Lbbyists 5. Lbbyist Restrictins a. Time Restrictins n Lbbying b. Identificatin f Lbbyists c. Gifts d. Entertainment e. Travel f. Campaign Cntributins g. Cntingency Fees h. Revlving Dr 6. Cntact Infrmatin fr State and Lcal Agencies 2
3 ETHICS COMMISSION In December 2015, legislatin was signed int law disslving the Gvernment Accuntability Bard and replacing it with tw independent cmmissins: the Ethics Cmmissin which regulates ethics, lbbying and campaign finance and the Electins Cmmissin, which administers and versees electin administratin. 1 The Ethics Cmmissin cnsists f at least six members: One member appinted by the senate majrity leader; One member appinted by the senate minrity leader; One member appinted by the speaker f the assembly; One member appinted by the assembly minrity leader; Tw members wh frmerly served as judges (and wh were elected t their judicial psitins), appinted by the gvernr, and subject t senate cnfirmatin; 2 and, One member nminated by each plitical party, ther than the tw majr plitical parties, whse candidate fr gvernr received at least 10 percent f the vte in the mst recent gubernatrial electin, appinted by the gvernr, and subject t senate cnfirmatin. The gvernr chses this third-party nminee frm a list f three individuals prepared by the third party. The Ethics Cmmissin has the ability t retain bth special investigatrs and special cunsel t assist in the enfrcement f the laws it administers. Lbbying regulatins in effect in December 2015 remain unchanged. Definitins In mst cases, lbbying is direct advcacy fr a change in state law r an administrative rule. A lbbyist is generally an individual wh is emplyed by a principal, r cntracts fr r receives ecnmic cnsideratin, ther than reimbursement fr actual expenses, frm a principal and whse duties include lbbying n behalf f the principal. WIS. STAT (11). Symmetrically, a principal is any persn [including rganizatins] wh emplys a lbbyist. WIS. STAT (12). Lbbying Lbbying bradly encmpasses direct attempts t influence anything the state legislature may d as well as the prmulgatin, repeal r mdificatin f any administrative rules. Under Wiscnsin law, lbbying is defined as the practice f attempting t influence legislative r administrative actin by ral r written 1 The disslutin f the Gvernment Accuntability Bard (G.A.B.) and creatin f the tw cmmissins is effective n June 30, See 2015 Wiscnsin Act 117. This summary refers t the Ethics Cmmissin thrughut. 2 These tw members are chsen frm separate lists prepared by the legislative leadership f the tw majr plitical parties. Each party prepares a list f three individuals, and then the gvernr appints ne individual frm each party s list. 3
4 cmmunicatin with any elective state fficial, agency fficial r legislative emplyee, 3 and includes time spent in preparatin fr such cmmunicatin and appearances at public hearings r meetings r service n a cmmittee in which such preparatin r cmmunicatin ccurs. WIS. STAT (10). Certain cmmunicatins, hwever, are nt cnsidered lbbying fr purpses f determining whether an individual must register as a lbbyist r whether a cmmunicatin must be included n a lbbyist s time reprts. The statutry exceptins include: cmmunicating thrugh the media r public addresses t audiences principally cmpsed f persns ther than legislatrs r agency fficials (WIS. STAT (1)(a)); prviding respnses t requests fr infrmatin frm agency fficials (but nt respnses t requests frm elective state fficials r legislative emplyees) (WIS. STAT (1)(f)); participating as a member f an administrative advisry cmmittee r a cmmittee f the legislature (WIS. STAT (1)(e)); and cmmunicating nly with a state senatr r representative wh represents the area in which the individual resides whether r nt such cmmunicatin is made n behalf f the individual r n behalf f anther persn (WIS. STAT (6)(b)). A lbbying cmmunicatin may include matters that d nt yet have a bill r clearinghuse rule number a lbbying tpic. WIS. STAT (1). Talking t a state fficial r legislative emplyee abut the pssible intrductin f legislatin, fr example, may be a lbbying cmmunicatin. S may discussing with a legislatr why legislatin wuld be a bad idea r a gd idea r discussing with an agency emplyee why an administrative rule may be needed. Legislative Actin the develpment, drafting, intrductin, cnsideratin, mdificatin, adptin, rejectin, review, enactment r defeat f any bill, reslutin, amendment, reprt, nminatin, prpsed administrative rule r ther matter by the legislature r by either huse r any cmmittee, subcmmittee, jint r select cmmittee theref, r by a legislatr r emplyee f the legislature acting in an fficial capacity. Legislative actin als means the actin f the gvernr in apprving r 3 An agency fficial is a member, fficer, emplyee r cnsultant f any agency wh as part f such persn s fficial respnsibilities participates in any administrative actin in ther than a slely clerical, secretarial r ministerial capacity. WIS. STAT (3). An elective state fficial is a persn wh hlds an elective state ffice r has been elected t an elective state ffice but has nt yet taken ffice. A persn wh is appinted t fill a vacant elective state ffice is an elective state fficial. WIS. STAT (6). A legislative emplyee is a member r fficer f the legislature, an individual emplyed [by the legislature] r an emplyee f a legislative service agency. WIS. STAT (8m). 4
5 veting any bill r prtin theref, and the actin f the gvernr r any agency in the develpment f a prpsal fr intrductin in the legislature. WIS. STAT (8). Administrative Actin the prpsal, drafting, develpment, cnsideratin, prmulgatin, amendment, repeal r rejectin by any agency f any [administrative rule]. WIS. STAT (1). While the statutry definitin f lbbying includes cntacting agency fficials in cnnectin with administrative actins, it des nt include any cntact with agency fficials n ther matters. Regulated lbbying nly ccurs when cmmunicating with agency fficials n administrative rules prmulgated by the agency under chapter 227, Wis. Stats., r n develping a prpsal fr intrductin in the legislature. Accrdingly, any cmmunicatin r cntact with agency staff n ther matters e.g., enfrcement actins, rate-making, licensing, prcurements, cntracts r permits wuld nt be cnsidered lbbying. Types f Lbbyists Lbbyist An individual is required t be licensed and t register as a lbbyist if the individual is cmpensated fr his r her attempts t influence state legislatin r administrative rules n behalf f a business r rganizatin. WIS. STAT (11). This requirement applies, hwever, nly if the individual cmmunicates with elective state fficials, agency fficials, r legislative emplyees n five r mre days within any sixmnth reprting perid (January t June r July t December). Id. The registratin requirement fr each individual is triggered by the number f days n which each individual has lbbying cntacts regardless f the number f meetings n thse days, the length f the meetings, r whether the lbbying cmmunicatins were n several different tpics. T determine whether registratin is required, an individual shuld track the number f days n which he r she cmmunicates abut specific matters, hwever briefly, with elective state fficials, agency fficials, r legislative emplyees. The number f meetings held r tpics discussed n any given day are irrelevant. Other Actrs Lbbyist Principal An rganizatin is required t register with the Ethics Cmmissin as a lbbying principal if the rganizatin retains an individual (a lbbyist ): fr cmpensatin; t cmmunicate with elective state fficials, agency fficials r legislative emplyees; in an attempt t influence state legislatin r administrative rulemaking n the rganizatin s behalf; AND, 5
6 the individual cmmunicates (in the frm f a lbbying cntact) with elective state fficials, agency fficials r legislative emplyees n five r mre days during either the first r last six mnths f any calendar year. WIS. STAT (12), Grassrts Lbbying Grassrts lbbying des nt fall under the statutry definitin f regulated lbbying in Wiscnsin. As such, it des nt cunt tward the lbbyist registratin triggers. Hwever, if an rganizatin is registered t lbby as a lbbying principal, that rganizatin will need t track its grassrts lbbying expenses and reprt these expenses as ther lbbying expenses n its Statement f Lbbying Activity and Expenses. Registratin f Principals Registratin T register, a principal must register n the state s nline prtal, Eye n Lbbying. Once n the website, the principal shuld click Registratin and Licensing n the left-hand menu, after which it will be asked t create a username and passwrd and be guided thrugh the nline registratin prcess. Timing A principal must register within 10 business days f its lbbying expenditures r bligatins exceeding $500 in a calendar year. WIS. STAT (1). The Ethics Cmmissin recmmends that an rganizatin register and authrize its lbbyists befre they begin their lbbying activities. See Des yur rganizatin need t register as a lbbying principal?, February Disclsures A principal that is an rganizatin must disclse: Name f the rganizatin; Cntact infrmatin fr the persn respnsible fr lbbying issues; Organizatin s purpse and interest which the rganizatin represents; Apprximate number f members; Specific descriptin f the plicy areas the rganizatin will attempt t influence; Names f authrized lbbyists; and Names f nn-lbbyists authrized t sign dcuments submitted t the Ethics Cmmissin Renewing Registratin Registratins expire n December 31 f each evennumbered year. WIS. STAT (2). T renew its registratin, a principal must submit a new registratin frm, accmpanied by the applicable fees. Fee Registering an rganizatin as a principal csts $375, plus an additinal $125 fr each lbbyist whm the principal authrizes t lbby n its behalf. WIS. STAT
7 Registratin f Lbbyists Befre engaging in lbbying fr a principal n mre than fur days during a six-mnth perid, a lbbyist must btain a lbbying license frm the Ethics Cmmissin and the lbbyist s principal must authrize the lbbyist t advcate n its behalf. WIS. STAT , 13.64, The practical effect is that an individual shuld be registered befre his r her fifth day f lbbying. Lbbyists must register via the G.A.B. s nline lbbying prtal, Eye n Lbbying. Timing The lbbyist must register and btain a lbbying license befre lbbying n behalf f a principal. WIS. STAT Disclsures A lbbyist s initial license applicatin must disclse t fllwing infrmatin: Name and cntact infrmatin; Scial Security number; and Emplyer s name. WIS. STAT The Ethics Cmmissin will reject a registratin statement if the lbbyist filer des nt include his r her Scial Security number. Additinally, the Ethics Cmmissin. will reject applicatins frm individuals wh have failed t pay child supprt and certain ther required payments. WIS. STAT The license applicatin permits but des nt require the applicant t submit a phtgraph, which will be included with the lbbyist s prfile n the Ethics Cmmissin website, available here. Renewing Registratin Registratins expire n December 31 f each evennumbered year. WIS. STAT (1)(a). T renew its registratin, a principal must submit a new registratin frm, accmpanied by the applicable fees. Fee A lbbyist must pay $250 t btain a license t act n behalf f ne principal, r $400 fr a license t act n behalf f multiple principals. WIS. STAT Reprting by Principals REPORTING All tpics n which a principal will lbby must be disclsed within its initial registratin. If a principal decides t lbby n a previusly undisclsed tpic, the principal must infrm the Ethics Cmmissin within 15 days f first making a cmmunicatin abut the undisclsed tpic, identifying the legislative prpsal, prpsed administrative rule, budget bill r ther tpic n which it will lbby. WIS. 7
8 STAT (1); fr reprting methds, see Reprting requirements nce an rganizatin is registered as a lbbying principal, G.A.B.1514 (revised Nv. 2010). Principals must file reprts twice yearly, disclsing their lbbying expenditures, including certain grassrts lbbying activities. In July and January, the Ethics Cmmissin will make persnalized frms available nline fr each principal. See WIS. STAT Timing Reprting perids are six-mnth perids frm January 1 thrugh June 30, and July 1 thrugh December 31. Reprts are due July 31 and January 31 fr the justcncluded reprting perid. WIS. STAT (12r), 13.68(1). Disclsures A principal must reprt the amunt f time and mney spent n the principal s lbbying activities as well as an verview f the subjects lbbied. See WIS. STAT As part f these reprts, each lbbying principal must prvide a daily itemizatin f the time its cntract lbbyists and emplyees (lbbyists as well as certain nn-lbbyist emplyees) spend n lbbying and lbbying-related activities. As the statute specifies numerus items that must be included, with certain exceptins, principals are advised t cnsult the statute befre submitting a semiannual expense reprt. Reprting by Lbbyists Lbbyists activities are reprted by the principals n whse behalf the lbbyists advcate. T enable the principal t file an accurate semi-annual expense reprt, each lbbyist must prvide the principal with the infrmatin necessary t prepare the reprt. The principal must file a cpy f that infrmatin signed by the lbbyist under penalty f perjury alng with its semi-annual reprt. WIS. STAT (4). Lbbyists sign electrnic filings using an nline authenticatin. 8
9 Lbbying Restrictins As described belw, lbbyists and principals are restricted in certain interactins with state public fficials, such as giving gifts r campaign cntributins. 4 Time Restrictins n Lbbying There are n time restrictins n lbbying. Identificatin f Lbbyists Lbbyists are nt required t wear a badge r ther identificatin. By chice, their phtgraphs may be psted n the Ethics Cmmissin website. Nte that many states rules n gifts, travel and ther benefits prvided t public fficials are extremely cmplex. The laws utlined belw are nly summaries f sme f the mre cmmnly encuntered issues; rganizatins and lbbyists are advised t cnsult with legal cunsel fr a cmplete analysis f their prpsed activities befre giving gifts r ther benefits t fficials. Gifts With very limited exceptins, n lbbyists r lbbying principal may furnish anything (defined literally) f pecuniary value t an elective state fficial r a candidate, agency fficial, r legislative emplyee, unless thse items are als made available t the general public. WIS. STAT Anything f value means, quite literally, anything f any value. Hwever, a state public fficial may receive smething f value frm a lbbyist r lbbying principal if: the item is being prvided t the general public, r the item is received n behalf f r fr the benefit f the state, r the item is a reimbursement fr actual r reasnable expenses in cnnectin with a speaking engagement t the principal. See WIS. STAT , Entertainment The prvisin f entertainment falls within the scpe f the gift ban. WIS. STAT Travel The prvisin f travel falls within the scpe f the gift ban. WIS. STAT State public fficials cvered under the lbbying law include: elected fficials chsen in statewide electins (gvernr, lieutenant gvernr, secretary f state, state treasurer, attrney general and state schl superintendent), state senatrs and representatives, legislative emplyees, agency fficials (any member, fficer r emplyee f a state agency that participates in prmulgatin f rules), and candidates fr elective state ffice and a candidate s persnal campaign cmmittee. See WIS. STAT (1)(b). 9
10 Campaign Cntributins Lbbyists may make campaign cntributins t candidates nly between April 15 f the year f that candidate s electin and the day f the general electin. In the case f legislative candidates, the windw fr campaign cntributins by lbbyists des nt pen until the legislature has cncluded its final flr perid and is nt in special r extrardinary sessin. WIS. STAT (1m)(b). Lbbyists may deliver campaign cntributins frm a PAC, cnduit r ther persn t partisan elective state fficials at any time. WIS. STAT (1)(b). Cntingency Fees Cntingency fees are prhibited. WIS. STAT (1)(d). Revlving Dr Cvered frmer fficials are barred frm lbbying fr 12 mnths fllwing the end f their public service. WIS. STAT (8)(a). Activity Regulated by State? (Y/N)* Statutry Citatin Lbbying by Frmer Officials YES 19.45(8)(a) Limits n Lbbyists Gifts t Officials YES (1) Hspitality Prvided t Officials YES (1) Trips Organized by Lbbyists YES (1) 10
11 CONTACT INFORMATION FOR STATE AND LOCAL AGENCIES Ethics Cmmissin Staff directry: East Washingtn Avenue, Third Flr P.O. Bx 2973 Madisn, WI Phne: (608) Fax: (608) The Ethics Cmmissin publishes numerus dcuments t assist principals, lbbyists and affected fficials in understanding and cmplying with the state s lbbying and ethics law, available here. ( Publicatins/FrmsPublicatins.htm) Mike Wittenwyler wrte the first editin f the Wiscnsin Campaign Finance state law resurce, published by Alliance fr Justice in This editin has been revised and updated by: Mike Wittenwyler and Jdi Jensen FOR FURTHER ASSISTANCE Fr assistance regarding these resurces r fr mre infrmatin abut federal law, please cntact ur attrney ne-n-ne cunseling service: advcacy@afj.rg Telephne: NPLOBBY ( ) Fr assistance regarding state law in Wiscnsin, please cntact: Mike Wittenwyler r Jdi Jensen Gdfrey & Kahn, P.O. Bx 2719, Madisn, WI Telephne Number: Cpyright These materials are cpyrighted and may nt be reprduced withut permissin. 11
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