2023 Wisconsin Statutes & Annotations › Chapter 13 - Legislative branch. › 13.625 - Prohibited practices.

13.625
Prohibited practices.
(1)
No lobbyist may instigate legislative or administrative action for the purpose of obtaining employment in support or opposition to such action or contract to receive or receive compensation dependent in any manner upon the success or failure of any legislative or administrative action.
(1g)
No lobbyist or principal may furnish to any agency official or legislative employee of the state or to any elective state official or candidate for an elective state office, or to the candidate committee of the official, employee, or candidate:
(a)
Lodging.
(b)
Transportation.
(c)
Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may deliver a contribution or make a personal contribution to a partisan elective state official or candidate for national, state or local office or to the candidate committee of the official or candidate; but a lobbyist may make a personal contribution to which sub. (1m) applies only as authorized in sub. (1m).
(1m)
(a)
Except as provided in par. (b), no lobbyist or principal may do any of the following:
1.
Make a personal contribution to a partisan elective state official for the purpose of promoting the official's election to any national, state, or local office.
2.
Make a personal contribution to a candidate for a partisan elective state office to be filled at the general election or a special election.
3.
Make a personal contribution to the candidate committee of a partisan elective state official or candidate for partisan state elective office.
(b)
A lobbyist or principal may make a personal contribution to a partisan elective state official or candidate for partisan elective state office or to the candidate committee of the official or candidate between the first day authorized by law for the circulation of nomination papers as a candidate at a general election or special election and the day of the general election or special election, except that:
1.
A 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.
2.
A contribution by a lobbyist to the lobbyist's candidate committee for partisan elective state office may be made at any time.
(3)
No candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal, except as permitted under this section or s. 13.621. No candidate 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 this section or s. 13.621.
(4m)
This section does not apply to any of the following:
(a)
Notwithstanding sub. (1g), the furnishing by a principal of transportation, lodging, food, meals, beverages, or any other thing of pecuniary value that is also made available to the general public.
(b)
Compensation paid or the furnishing of employee benefits by a principal to an employee who is a candidate for an elective state office but who does not hold such an office if the employee is neither an agency official nor legislative employee, and if the principal or employee can demonstrate by clear and convincing evidence that the principal's employment of the employee and the compensation and employee benefits paid to the employee are unrelated to the candidacy. If the employee 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 employee benefits, except as provided by a preexisting employment agreement, it is rebuttably presumed that the employment and compensation and benefits paid are unrelated to the candidacy.
(c)
Food, meals, beverages, or entertainment provided by the governor when acting in an official capacity.
(d)
The furnishing of anything of pecuniary value by a lobbyist or principal to a relative of the lobbyist or principal or to an individual who resides in the same household as the lobbyist or principal or the receipt of anything of pecuniary value by that relative or individual residing in the same household as the lobbyist or principal.
(e)
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 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.
(f)
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 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.
(g)
The furnishing of anything of pecuniary value by a lobbyist or principal to an employee 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 employees 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 or the receipt of anything of pecuniary value by that legislative official or agency official under those circumstances.
(h)
The furnishing of anything of pecuniary value by a principal to an officer or employee of the University of Wisconsin System, or the solicitation or acceptance thereof by such an officer or employee, 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.
(i)
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.
(k)
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.
(L)
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.
(m)
The solicitation, acceptance, or furnishing of anything of pecuniary value by the Wisconsin Economic Development Corporation, or the furnishing by a principal of anything of pecuniary value to the Wisconsin Economic Development Corporation, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).
(n)
The solicitation, acceptance, or furnishing of anything of pecuniary value by the department of tourism, or the furnishing by a principal of 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).
(o) The solicitation, acceptance, or furnishing of anything of pecuniary value by the Wisconsin commission for the U.S. semiquincentennial commission, or the furnishing by a principal of anything of pecuniary value to the Wisconsin commission for the U.S. semiquincentennial commission, under s. 19.56 (3) (g) for the activity specified in s. 19.56 (3) (g).
NOTE:   Par. (o) is shown as renumbered from sub. (11) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Capitalization was modified, unnecessary text was removed, and other text was modified under s. 35.17 to reflect the renumbering.
History:  1977 c. 278, 418; 1979 c. 32; 1987 a. 27; 1989 a. 338; 1991 a. 39, 269; 1995 a. 27 ss. 35, 36, 9116 (5); 1995 a. 227; 2011 a. 32; 2013 a. 153; 2015 a. 117; 2017 a. 366; 2021 a. 95, 266; s. 13.92 (1) (bm) 2.; s. 35.17 correction in (4m) (o).
This chapter does not address the conduct of a lobbyist's spouse at all. There is no prohibition against a lobbyist's spouse making political contributions from any source at any time. Katzman v. State Ethics Board, 228 Wis. 2d 282, 596 N.W.2d 861 (Ct. App. 1999), 98-2884.
This section does not prohibit the 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.
Discussing the prohibition against furnishing anything of pecuniary value to state officials and its interaction with s. 19.56. 80 Atty. Gen. 205.
The clause in sub. (1) (b) 3. [now sub. (1g) (c)] 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).