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2001 - 2002 LEGISLATURE
January 12, 2001 - Introduced by Joint committee for review of Administrative
Rules
. Referred to Committee on Judiciary, Consumer Affairs, and Campaign
Finance Reform.
SB2,1,4 1An Act to repeal 11.06 (3) (b); to amend 11.06 (1) (intro.), 11.06 (2) and 11.12
2(4); and to create 11.01 (13) and (20) and 11.01 (16) (a) 3. of the statutes;
3relating to: the scope of regulation and reporting of information by
4nonresident registrants under the campaign finance law.
Analysis by the Legislative Reference Bureau
This bill is introduced as required by s. 227.19 (5) (e), stats., in support of the
objections of the assembly committee on campaigns and elections on February 16,
2000, and of the senate committee on economic development, housing and
government operations on February 14, 2000, and the objection of the joint
committee for review of administrative rules on April 14, 2000, to the issuance of
clearinghouse rule number 99-150 by the elections board. The proposed rule relates
to the subject of disclosure and record-keeping requirements under the campaign
finance law.
Currently, individuals who accept contributions, organizations which make or
accept contributions, or individuals who or organizations which incur obligations or
make disbursements for the purpose of influencing an election for state or local office
are generally required to register with the appropriate filing officer and to file
financial reports with that officer, regardless of whether they act in conjunction with
or independently of any candidate who is supported or opposed.
With certain exceptions, this bill imposes registration and reporting
requirements, in addition, upon any individual who or organization that, within 60
days of an election and by means of a newspaper, periodical, commercial billboard,

radio station, television station, mass mailing, or telephone bank operator, makes a
communication which includes the name or likeness of a candidate at that election,
an office to be filled at that election, or a political party. The bill, however, does not
require registration and reporting if the communication is made by a corporation,
cooperative, or nonpolitical voluntary association and is limited to the corporation's,
cooperative's, or association's members, shareholders, or subscribers.
Currently, with certain exceptions, registrants under the campaign finance law
are required to file regular reports with the appropriate filing officer or agency. The
reports must identify contributors of more than $20 cumulatively within a calendar
year; the occupation and principal place of employment, if any, of each contributor
whose cumulative contributions within a calendar year exceed $100; the registrants
from whom or to whom funds are transferred; other income exceeding $20;
contributions donated to a charitable organization or the common school fund; loans
exceeding $20 together with the identity of the lenders and guarantors, if any;
disbursements (expenditures) and obligations exceeding $20; and certain
information from registrants making disbursements independently of candidates.
However, if a registrant does not maintain an office or street address within this
state, the registrant need only identify contributions, transfers, loans, and other
income received from sources in this state and disbursements and obligations
incurred with respect to elections for state or local office in this state.
This bill deletes the exception for registrants who or which do not maintain an
office or street address within this state, so that these registrants are required to
report the same information as other registrants.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB2, s. 1 1Section 1. 11.01 (13) and (20) of the statutes are created to read:
SB2,2,32 11.01 (13) "Mass mailing" means the distribution of 50 or more pieces of
3substantially identical material.
SB2,2,5 4(20) "Telephone bank operator" means any person who places or directs the
5placement of telephone calls to individuals.
SB2, s. 2 6Section 2. 11.01 (16) (a) 3. of the statutes is created to read:
SB2,3,57 11.01 (16) (a) 3. A communication that is made by means of one or more
8communications media or a mass mailing, or through a telephone bank operator,
9other than a communication that is exempt from reporting under s. 11.29, that is

1made during the period beginning on the 60th day preceding an election and ending
2on the date of that election and that includes a name or likeness of a candidate whose
3name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that
4election, the name of an office to be filled at that election, or the name of a political
5party.
SB2, s. 3 6Section 3. 11.06 (1) (intro.) of the statutes is amended to read:
SB2,3,137 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and
8(3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full
9reports, upon a form prescribed by the board and signed by the appropriate
10individual under sub. (5), of all contributions received, contributions or
11disbursements made, and obligations incurred. Each report shall contain the
12following information, covering the period since the last date covered on the previous
13report, unless otherwise provided:
SB2, s. 4 14Section 4. 11.06 (2) of the statutes is amended to read:
SB2,3,2515 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
16sub. (1), if a disbursement is made or obligation incurred by an individual other than
17a candidate or by a committee or group which is not primarily organized for political
18purposes, and the disbursement does not constitute a contribution to any candidate
19or other individual, committee or group, the disbursement or obligation is required
20to be reported only if the purpose is to expressly advocate the election or defeat of a
21clearly identified candidate or the adoption or rejection of a referendum or if the
22disbursement is made or the obligation incurred to make a communication that is
23specified in s. 11.01 (16) (a) 3
. The exemption provided by this subsection shall in no
24case be construed to apply to a political party, legislative campaign, personal
25campaign or support committee.
SB2, s. 5
1Section 5. 11.06 (3) (b) of the statutes is repealed.
SB2, s. 6 2Section 6. 11.12 (4) of the statutes is amended to read:
SB2,4,63 11.12 (4) Each registrant shall report contributions, disbursements and
4incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06
5(2), (3) and (3m), each report shall contain the information which is required under
6s. 11.06 (1).
SB2, s. 7 7Section 7. Initial applicability.
SB2,4,108 (1) The treatment of sections 11.06 (1) (intro.) and (3) (b) and 11.12 (4) of the
9statutes first applies with respect to reporting periods which begin on or after the
10effective date of this subsection.
SB2,4,1111 (End)
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