This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-0188/1
JK:amn/wlj/cjs
2021 - 2022 LEGISLATURE
November 19, 2021 - Introduced by Senator Bernier, cosponsored by
Representatives Wichgers, Cabral-Guevara, Murphy and Spiros. Referred
to Committee on Elections, Election Process Reform and Ethics.
SB719,1,9 1An Act to repeal 13.625 (1) (d), 13.625 (7) and 13.685 (7); to renumber and
2amend
13.625 (1) (b), 13.625 (2), 13.625 (4), 13.625 (5), 13.625 (6), 13.625 (6g)
3(a), 13.625 (6g) (b), 13.625 (6r), 13.625 (6s), 13.625 (6t), 13.625 (8), 13.625 (8m),
413.625 (9) and 13.625 (10); to consolidate, renumber and amend 13.625 (1)
5(intro.) and (a); to amend 13.625 (1m) (a) (intro.), 13.625 (1m) (b) (intro.),
613.625 (3), 13.63 (1) (a), 13.68 (1) (d), 13.68 (6), 13.695 (4) and 19.45 (3m); and
7to create 13.621 (7), 19.42 (7w) (f), 19.55 (2) (dm) and 19.56 (3) (bm) of the
8statutes; relating to: changes to the lobbying laws, including changes
9recommended by the Ethics Commission.
Analysis by the Legislative Reference Bureau
The bill reorganizes the statutes prohibiting and permitting certain activities
by lobbyists and principals, and by candidates and elected officials who interact with
lobbyists and principals. The bill also eliminates a requirement that the Ethics
Commission regularly, during the course of a legislative session, give reports to the
legislature that provide information about licensed lobbyists, principals, and their
lobbying activities.
Under current law, no lobbyist or principal may give to a state official,
legislative employee, or candidate for state office lodging, transportation, food,

meals, beverages, or any other thing of value. However, a principal may give
something of value to such persons if that thing of value is also made available to the
general public. Current law defines a “principal” as any person who employs a
lobbyist.
Under current law, every state public official is encouraged to meet with clubs,
conventions, special interest groups, political groups, school groups, and other
gatherings to discuss and interpret legislative, administrative, executive, or judicial
processes, proposals, and issues. Consistent with that provision, the bill allows an
agency official, an elected state public official, or a legislative employee to attend a
meeting with such groups for the purposes specified under current law without
paying the cost of admission. However, under the bill, the person may not receive
food, beverages, or other items included in the cost of admission unless the person
pays the event organizer, including a principal or lobbyist, for the actual cost of the
food, beverages, or items.
Under current law, the code of ethics for public officials applies not only to state
public officials, but also to certain local public officials such as an elected official of
a local governmental unit, a county administrator, and a city or village manager.
Under the bill, the code of ethics for public officials applies also to a school district
administrator. Current law defines “school district administrator” as the school
district superintendent, supervising principal, or other person who acts as the
administrative head of a school district.
Finally, the bill makes a technical change by substituting the term “give” with
the term “furnish.” The term was changed from “furnish” to “give” by 2015 Wisconsin
Act 117
, but that change is not consistent with the use of the term “furnish”
throughout the current lobbying law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB719,1 1Section 1. 13.621 (7) of the statutes is created to read:
SB719,2,72 13.621 (7) Participation in events; public official outreach. (a) An agency
3official, an elective state official, or a legislative employee may receive and retain
4reimbursement or payment of actual and reasonable expenses for a published work
5or for the presentation of a talk or participation in a meeting related to a topic
6specified in s. 19.56 (1) if the payment or reimbursement is paid or arranged by the
7organizer of the event or the publisher of the work, including a principal or lobbyist.
SB719,3,9
1(b) An agency official, an elective state official, or a legislative employee may
2attend a meeting with clubs, conventions, special interest groups, political groups,
3school groups, and other gatherings, without paying admission costs, to discuss and
4to interpret legislative, administrative, executive, or judicial processes and
5proposals and issues initiated by or affecting the state legislature, state government,
6a department, or the judicial branch. An agency official, an elective state official, or
7a legislative employee may not receive food, beverages, or other items included in the
8cost of admission unless the person pays the event organizer, including a principal
9or lobbyist, for the actual cost of the food, beverages, or items.
SB719,2 10Section 2 . 13.625 (1) (intro.) and (a) of the statutes are consolidated,
11renumbered 13.625 (1) and amended to read:
SB719,3,1512 13.625 (1) No lobbyist may: (a) Instigate instigate legislative or administrative
13action for the purpose of obtaining employment in support or opposition thereto to
14such action or contract to receive or receive compensation dependent in any manner
15upon the success or failure of any legislative or administrative action
.
SB719,3 16Section 3 . 13.625 (1) (b) of the statutes is renumbered 13.625 (1g), and 13.625
17(1g) (intro.), as renumbered, is amended to read:
SB719,3,2118 13.625 (1g) (intro.) Give No lobbyist or principal may furnish to any agency
19official or legislative employee of the state or to any elective state official or candidate
20for an elective state office, or to the candidate committee of the official, employee, or
21candidate:
SB719,4 22Section 4 . 13.625 (1) (d) of the statutes is repealed.
SB719,5 23Section 5 . 13.625 (1m) (a) (intro.) of the statutes is amended to read:
SB719,3,2524 13.625 (1m) (a) (intro.) Except as provided in par. (b), a no lobbyist or principal
25may not do any of the following:
SB719,6
1Section 6. 13.625 (1m) (b) (intro.) of the statutes is amended to read:
SB719,4,72 13.625 (1m) (b) (intro.) A lobbyist or principal may make a personal
3contribution to a partisan elective state official or candidate for partisan elective
4state office or to the candidate committee of the official or candidate between the first
5day authorized by law for the circulation of nomination papers as a candidate at a
6general election or special election and the day of the general election or special
7election, except that:
SB719,7 8Section 7 . 13.625 (2) of the statutes is renumbered 13.625 (4m) (a) and
9amended to read:
SB719,4,1410 13.625 (4m) (a) No principal may engage in the practices prohibited under
11subs. (1) (b) and (1m). This subsection does not apply to the furnishing of

12Notwithstanding sub. (1g), the furnishing by a principal of transportation, lodging,
13food, meals, beverages, or any other thing of pecuniary value which that is also made
14available to the general public.
SB719,8 15Section 8 . 13.625 (3) of the statutes is amended to read:
SB719,4,2216 13.625 (3) No candidate for an elective state office, elective state official, agency
17official, or legislative employee of the state may solicit or accept anything of
18pecuniary value from a lobbyist or principal, except as permitted under subs. (1) (b)
193., (1m), (2), (4), (5), (6), (7), (8) and (9)
this section or s. 13.621. No candidate
20committee of a candidate for state office may accept anything of pecuniary value from
21a lobbyist or principal, except as permitted for such a candidate under subs. (1) (b)
223., (1m), (2), and (6)
this section or s. 13.621.
SB719,9 23Section 9 . 13.625 (4) of the statutes is renumbered 13.625 (4m) (intro.) and
24amended to read:
SB719,5,2
113.625 (4m) (intro.) Subsections (1) (b) and (3) do This section does not apply
2to the compensation or furnishing any of the following:
SB719,5,14 3(b) Compensation paid or the furnishing of employee benefits by a principal to
4an employee who is a candidate for an elective state office but who does not hold such
5an office if the employee is neither an agency official nor legislative employee, and
6if the principal or employee can demonstrate by clear and convincing evidence that
7the principal's employment of the employee and the compensation and employee
8benefits paid to the employee are unrelated to the candidacy. If the employee was
9employed by the principal prior to the first day of the 12th month commencing before
10the deadline for the filing of nomination papers for the office sought and the
11employment continues uninterrupted, without augmentation of compensation or
12employee benefits, except as provided by a preexisting employment agreement, it is
13rebuttably presumed that the employment and compensation and benefits paid are
14unrelated to the candidacy.
SB719,10 15Section 10 . 13.625 (5) of the statutes is renumbered 13.625 (4m) (c) and
16amended to read:
SB719,5,1817 13.625 (4m) (c) This section does not apply to food Food, meals, beverages, or
18entertainment provided by the governor when acting in an official capacity.
SB719,11 19Section 11 . 13.625 (6) of the statutes is renumbered 13.625 (4m) (d) and
20amended to read:
SB719,6,221 13.625 (4m) (d) Subsections (1) (b), (1m), (2), and (3) do not apply to the The
22furnishing of anything of pecuniary value by an individual who is a lobbyist or
23principal to a relative of the individual lobbyist or principal or to an individual who
24resides in the same household as the individual, nor to lobbyist or principal or the

1receipt of anything of pecuniary value by that relative or individual residing in the
2same household as the individual lobbyist or principal.
SB719,12 3Section 12 . 13.625 (6g) (a) of the statutes is renumbered 13.625 (4m) (e) and
4amended to read:
SB719,6,105 13.625 (4m) (e) Subsections (1) (b) and (3) do not apply to the The furnishing
6of anything of pecuniary value by a principal that is a local governmental unit to a
7legislative official or an agency official who is an elected official of that local
8governmental unit, or to the solicitation or acceptance thereof by such a legislative
9official or agency official, in an amount not exceeding the amount furnished to other
10similarly situated elected officials of the same local governmental unit.
SB719,13 11Section 13 . 13.625 (6g) (b) of the statutes is renumbered 13.625 (4m) (f) and
12amended to read:
SB719,6,1913 13.625 (4m) (f) Subsections (1) (b) and (3) do not apply to the The furnishing
14of a per diem or reimbursement for actual and reasonable expenses by a principal
15that is a local governmental unit to a legislative official or an agency official who is
16an appointed official of that local governmental unit, or to the solicitation or
17acceptance thereof by such a legislative official or agency official, in an amount not
18exceeding the amount furnished to other similarly situated appointed officials of the
19same local governmental unit.
SB719,14 20Section 14 . 13.625 (6r) of the statutes is renumbered 13.625 (4m) (g) and
21amended to read:
SB719,7,622 13.625 (4m) (g) Subsections (1) (b), (1m), and (3) do not apply to the The
23furnishing of anything of pecuniary value by a lobbyist or principal to an employee
24of that lobbyist or principal who is a legislative official or an agency official solely
25because of membership on a state commission, board, council, committee , or similar

1body if the thing of pecuniary value is not in excess of that customarily provided by
2the employer to similarly situated employees and if the legislative official or agency
3official receives no compensation for his or her services other than a per diem or
4reimbursement for actual and necessary expenses incurred in the performance of his
5or her duties, nor to or the receipt of anything of pecuniary value by that legislative
6official or agency official under those circumstances.
SB719,15 7Section 15 . 13.625 (6s) of the statutes is renumbered 13.625 (4m) (h) and
8amended to read:
SB719,7,149 13.625 (4m) (h) Subsections (1) (b) and (3) do not apply to the The furnishing
10of anything of pecuniary value by a principal to an officer or employee of the
11University of Wisconsin System, or the solicitation or acceptance thereof by such an
12officer or employee, for service as a member of the governing body of the principal,
13in an amount not exceeding the amount furnished to other members of the governing
14body for the same service.
SB719,16 15Section 16 . 13.625 (6t) of the statutes is renumbered 13.625 (4m) (i) and
16amended to read:
SB719,7,2017 13.625 (4m) (i) Subsections (1) (b), (2) and (3) do not apply to the The furnishing
18of educational or informational material by a lobbyist or principal to an elected state
19official, legislative official, or agency official, or acceptance thereof by an elected state
20official, legislative official, or agency official.
SB719,17 21Section 17. 13.625 (7) of the statutes is repealed.
SB719,18 22Section 18 . 13.625 (8) of the statutes is renumbered 13.625 (4m) (k) and
23amended to read:
SB719,8,3
113.625 (4m) (k) Subsection (3) does not apply to the The solicitation of anything
2of pecuniary value for the benefit of the endangered resources program, as defined
3in s. 71.10 (5) (a) 2., by an agency official who administers the program.
SB719,19 4Section 19 . 13.625 (8m) of the statutes is renumbered 13.625 (4m) (L) and
5amended to read:
SB719,8,86 13.625 (4m) (L) Subsection (3) does not apply to the The solicitation of anything
7of pecuniary value to pay the costs of remedying environmental contamination, as
8defined in s. 292.51 (1), by an agency official of the department of natural resources.
SB719,20 9Section 20 . 13.625 (9) of the statutes is renumbered 13.625 (4m) (m) and
10amended to read:
SB719,8,1511 13.625 (4m) (m) This section does not apply to the The solicitation, acceptance,
12or furnishing of anything of pecuniary value by the Wisconsin Economic
13Development Corporation, or to the furnishing by a principal furnishing of anything
14of pecuniary value to the Wisconsin Economic Development Corporation, under s.
1519.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
SB719,21 16Section 21 . 13.625 (10) of the statutes is renumbered 13.625 (4m) (n) and
17amended to read:
SB719,8,2218 13.625 (4m) (n) This section does not apply to the The solicitation, acceptance ,
19or furnishing of anything of pecuniary value by the department of tourism, or to the
20furnishing by
a principal furnishing of anything of pecuniary value to the
21department of tourism, under s. 19.56 (3) (em) or (f) for the activity specified in s.
2219.56 (3) (em).
SB719,22 23Section 22 . 13.63 (1) (a) of the statutes is amended to read:
SB719,9,1124 13.63 (1) (a) An applicant for a license to act as a lobbyist may obtain an
25application from and file the application with the commission. Except as authorized

1under par. (am), an applicant shall include his or her social security number and may
2include the address of his or her primary residence
on the application. The applicant
3shall, under the penalty for making false statements under s. 13.69 (6m), sign the
4application. The applicant shall submit with the application the applicable fee under
5s. 13.75 (1g) (a) or (am). Upon approval of the application by the commission, the
6commission shall issue a license to the applicant. A license issued under this
7paragraph entitles the licensee to practice lobbying on behalf of each registered
8principal for whom or which an authorization for that lobbyist, as required under s.
913.65, has been filed and for whom or which the authorization fee under s. 13.75 (1g)
10(d) has been paid. A license issued under this paragraph shall expire on December
1131 of each even-numbered year.
SB719,23 12Section 23 . 13.68 (1) (d) of the statutes is amended to read:
SB719,9,1613 13.68 (1) (d) The name of any agency official, legislative employee, elective
14state official, or candidate for elective state office to whom the principal or any
15lobbyist for the principal provided reimbursement authorized under s. 13.625 (7)
1613.621 (7) (a) and the date and amount reimbursed.
SB719,24 17Section 24 . 13.68 (6) of the statutes is amended to read:
SB719,9,2518 13.68 (6) Suspension for failure to file a complete expense statement. If a
19principal fails to timely file a complete expense statement under this section, the
20commission may suspend the privilege of any lobbyist to lobby on behalf of the
21principal. Upon failure of a principal to file the required expense statement, the
22commission shall mail written notices provide written notice by the most efficient
23means available
to the principal and to any lobbyist for whom a written
24authorization has been filed under s. 13.65 to act as a lobbyist for the principal
25informing them that unless the principal files the delinquent statement within 10

1business days after the date of mailing of the notices on which the commission
2provided notice
, no lobbyist may lobby on behalf of the principal. The commission
3shall immediately restore the
privilege of any lobbyist to lobby on behalf of the
4principal shall be restored immediately upon the filing of the delinquent statement
5by the principal. The notices shall be sent commission may send the notice by
6certified mail to the last-known addresses of the principal and lobbyist or may send
7the notice electronically to the last-known electronic mail address of the principal
8and lobbyist
. Any principal or lobbyist who is aggrieved by a suspension of lobbying
9privileges under this subsection may request a hearing under s. 227.42 regarding the
10suspension.
SB719,25 11Section 25 . 13.685 (7) of the statutes is repealed.
SB719,26 12Section 26 . 13.695 (4) of the statutes is amended to read:
SB719,10,2113 13.695 (4) No officer or employee of an agency who is identified in a statement
14filed under this section may engage in the prohibited practices set forth in s. 13.625
15(1) (a) or (d), or use state funds to engage in the practices set forth in s. 13.625 (1) (b)
16(1g) or to make a contribution. This subsection does not prohibit an agency official
17who is identified in a statement filed under this section from authorizing salaries and
18other payments authorized by law to be paid to state officers, employees, consultants,
19or contractors, or candidates for state office, or from authorizing property or services
20of the agency to be provided for official purposes or other purposes authorized by law,
21whenever that action is taken in the normal course of affairs.
SB719,27 22Section 27. 19.42 (7w) (f) of the statutes is created to read:
SB719,10,2323 19.42 (7w) (f) A school district administrator, as defined in s. 115.001 (8).
Loading...
Loading...