Section ETH 26.03 - Settlement of lobbying violations(1) FAILURE TO TIMELY FILE A STATEMENT OF LOBBYING ACTIVITY AND EXPENDITURES.(a) If the commission receives a statement of lobbying activity and expenditures within 2 business days after the due date for that report: 1. If the principal has committed no prior offenses, no penalty may be imposed.2. If the principal has committed a prior offense, the commission may issue a written warning to the principal.(b) If the commission receives a statement of lobbying activity and expenditures within 3 to 5 business days after the due date for that report:1. If the principal has committed no prior offenses, the commission may issue a written warning to the principal.2. If the principal has committed a prior offense, the commission may extend a settlement offer of $50.(c) If the commission receives a statement of lobbying activity and expenditures within 6 to 15 business days after the due date for that report: 1. If the principal has committed no prior offenses, the commission may issue a written warning to the principal.2. If the principal has committed a prior offense, the commission may extend a settlement offer of $100.(d) If the commission receives a statement of lobbying activity and expenditures within 16 to 29 business days after the due date for that report: 1. If the principal has committed no prior offenses, the commission may extend a settlement offer of $50.2. If the principal has committed a prior offense, the commission may extend a settlement offer of $250.(e) If the commission receives a statement of lobbying activity and expenditures 30 business days or more after the due date for that report:1. If the principal has committed no prior offenses, the commission may extend a settlement offer of $100.2. If the principal has committed a prior offense, the commission may extend a settlement offer of $500.(2) FAILURE TO TIMELY FILE A 15 DAY REPORT. (a) If the commission does not timely receive a 15 day report and the principal has no prior offenses: 1. If the unreported interest is less than 10 percent of the principal's total effort, the commission may issue a written warning to the principal.2. If the unreported interest is 10 percent or more of the principal's total effort, the commission may extend a settlement offer of $25 per late reported interest.(b) If the commission does not timely receive a 15 day report and the principal has one prior offense:1. If the unreported interest is less than 10 percent of the principal's total effort, the commission may extend a settlement offer of $50 per late reported interest.2. If the unreported interest is 10 percent or more of the principal's total effort, the commission may extend a settlement offer of $100 per late reported interest.(c) If the commission does not timely receive a 15 day report and the principal has 2 or more prior offenses, the commission may extend a settlement offer of $100 per late reported interest.(3a) UNAUTHORIZED LOBBYING. If a lobbyist makes a lobbying communication on behalf of a lobbying principal prior to authorization as required by s. 13.65, Stats.: (a) If the lobbyist has committed no prior offenses, the commission may extend a settlement offer of $100 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $1,000 per principal per session.(b) If the lobbyist has committed a prior offense, the commission may extend a settlement offer of $200 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $1,000 per principal per session.(c) If the principal has committed no prior offenses, the commission may extend a settlement offer of $200 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $2,000 per lobbyist per session.(d) If the principal has committed a prior offense, the commission may extend a settlement offer of $400 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $2,000 per lobbyist per session.(4) FAILURE TO TIMELY PAY LOBBYING FEES.(a)Lobbyist license fees.1. If the commission receives a lobbyist license fee within one to 30 calendar days after notification from the commission that fees are outstanding, the commission may issue a written warning to the lobbyist.2. If the commission receives a lobbyist license fee within 31 to 45 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $100.3. If the commission receives a lobbyist license fee within 46 to 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $200.4. If the commission receives a lobbyist license fee more than 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $300.(b)Lobbying principal registration fees or lobbying principal authorization fees.1. If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within one to 30 calendar days after notification from the commission that fees are outstanding, the commission may issue a written warning to the principal.2. If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within 31 to 45 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $200.3. If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within 46 to 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $400.4. If the commission receives a lobbying principal registration fee or lobbying principal authorization fee more than 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $600.(5) AGGRAVATING OR MITIGATING CIRCUMSTANCES. Notwithstanding the settlement terms provided in this section, the commission may consider aggravating or mitigating circumstances in determining the terms of any settlement offer that may be extended.Wis. Admin. Code Ethics Commission ETH 26.03
Adopted by, CR 17-035: cr., Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 20-019: am. (1) (b) (intro.), (c) (intro.), (d) (intro.), (e) (intro.), renum. (3) to (5), cr. (3a), (4) Register June 2021 No. 786, eff. 7/1/2021