LRB-2013/1
JTK:kmg:cph
2003 - 2004 LEGISLATURE
March 5, 2003 - Introduced by Representatives Seratti, Freese, Gunderson,
Vrakas, Hines, Ladwig, Hahn, Stone, Ott, Kestell, Albers, Kreibich, Owens,
Musser
and Pettis, cosponsored by Senator Harsdorf. Referred to Committee
on Campaigns and Elections.
AB119,1,4 1An Act to amend 11.06 (1) (intro.), 11.06 (3) (b) (intro.) and 11.12 (4); to repeal
2and recreate
11.06 (1), 11.06 (3) (b) (intro.) and 11.12 (4) of the statutes; and
3to affect 2001 Wisconsin Act 109, section 9115 (2y) (b); relating to: reporting
4of information by nonresident registrants under the campaign finance law.
Analysis by the Legislative Reference Bureau
2001 Wisconsin Act 109 made various changes to campaign finance, ethics,
lobbying regulation, income tax, public broadcasting, and cable television laws. Most
changes made by Act 109 take effect on July 1, 2003. Most of these changes were
made nonseverable so that if a court found that any of the provisions were
unconstitutional all of the provisions would then be invalid. On December 11, 2002,
in Wisconsin Realtors Association et al. v. Ponto et al., Case No. 02-C-424-C, the U.S.
District Court for the Western District of Wisconsin found that one provision of Act
109 is unconstitutional. While this decision is subject to appeal, it apparently
precludes enforcement and administration of all affected Act 109 changes as of
December 11, 2002. The Act 109 changes, however, currently remain in the statutes.
This bill reenacts certain changes made by Act 109 to the campaign finance law,
effective on the day on which the bill becomes law. In the description which follows,
"current law" means the law in effect before July 1, 2003.
Under current law, 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 bill also requires nonresident
registrants to include in their reports a separate statement of contributions,
transfers, loans, and other income received from sources in this state and
disbursements and obligations incurred with respect to elections for state and local
office in this state. The bill does not affect reporting by authorized committees of
candidates for the office of U.S. senator or representative in Congress, national
political party committees, and federally registered committees of state political
parties that make no contributions to individuals or committees that are subject to
a state registration requirement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB119, s. 1 1Section 1. 11.06 (1) (intro.) of the statutes is amended to read:
AB119,2,82 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and
3(3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full
4reports, upon a form prescribed by the board and signed by the appropriate
5individual under sub. (5), of all contributions received, contributions or
6disbursements made, and obligations incurred. Each report shall contain the
7following information, covering the period since the last date covered on the previous
8report, unless otherwise provided:
AB119, s. 2 9Section 2. 11.06 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act
10109
and 2003 Wisconsin Act .... (this act), is repealed and recreated to read:
AB119,3,7
111.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (2m),
2and (3m) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon
3a form prescribed by the board and signed by the appropriate individual under sub.
4(5), of all contributions received, contributions or disbursements made, and
5obligations incurred. Each report shall contain the following information, covering
6the period since the last date covered on the previous report, unless otherwise
7provided:
AB119, s. 3 8Section 3. 11.06 (3) (b) (intro.) of the statutes is amended to read:
AB119,3,139 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall
10report on a form prescribed by the board the applicable information that makes a
11report
under sub. (1) concerning shall ensure that the report separately states
12information under sub. (1) concerning all of the following, in a manner prescribed by
13the board
:
AB119, s. 4 14Section 4. 11.06 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin
15Act 109
and 2003 Wisconsin Act .... (this act) is repealed and recreated to read:
AB119,3,1816 11.06 (3) (b) (intro.) A nonresident registrant that makes a report under sub.
17(1) shall ensure that the report separately states information under sub. (1)
18concerning all of the following, in a manner prescribed by the board:
AB119, s. 5 19Section 5. 11.12 (4) of the statutes is amended to read:
AB119,3,2320 11.12 (4) Each registrant shall report contributions, disbursements, and
21incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06
22(2), (3) and (3m), each report shall contain the information which is required under
23s. 11.06 (1).
AB119, s. 6 24Section 6. 11.12 (4) of the statutes, as affected by 2001 Wisconsin Act 109 and
252003 Wisconsin Act .... (this act) is repealed and recreated to read:
AB119,4,5
111.12 (4) Each registrant shall report contributions, disbursements, and
2incurred obligations in accordance with s. 11.20 and, if the registrant files reports
3under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s.
411.06 (2) and (3m), each report shall contain the information which is required under
5s. 11.06 (1).
AB119, s. 7 6Section 7. 2001 Wisconsin Act 109, section 9115 (2y) (b) is amended to read:
AB119,5,167[2001 Wisconsin Act 109] Section 9115 (2y) (b) Notwithstanding section
8990.001 (11) of the statutes, if a court finds that any part of the repeal of sections
911.01 (12s), 11.05 (3) (o), 11.265, 11.50 (3), and 11.50 (10) of the statutes, the
10renumbering of sections 11.05 (2r) (title), 11.24 (2), and 11.50 (1) (a) 1. of the statutes,
11the renumbering and amendment of sections 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6),
1211.26 (9) (a), 11.31 (2m), 11.50 (1) (a) 2., 11.50 (5), 11.50 (9), 19.49 (5), 19.59 (7), and
1371.10 (3) (a) of the statutes, the amendment of sections 5.02 (13), 5.05 (2), 7.08 (2) (c),
147.08 (2) (cm), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05
15(5), 11.05 (9) (b), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2),
1611.06 (3) (b) (intro.), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m)
17(c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3),
1811.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (2), 11.20 (3) (a) and (b),
1911.20 (7), 11.20 (8) (intro.), 11.20 (8) (a), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2),
2011.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.),
2111.26 (2) (a), 11.26 (3), 11.26 (4), 11.26 (5), 11.26 (6), 11.26 (8), 11.26 (9) (b), 11.26 (10),
2211.26 (15), 11.26 (17) (a), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31
23(2), 11.31 (2m) (title), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a),
2411.50 (2) (b) 3. and 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50 (2) (g), 11.50 (2)
25(h), 11.50 (2) (i), 11.50 (6), 11.50 (7) (intro.), 11.50 (8), 11.50 (10m), 11.50 (11) (e), 11.60

1(4), 11.61 (1) (a) (by Section 2d), 19.53 (6), 19.59 (8) (c), 20.510 (1) (q), 25.42, 71.08
2(1) (intro.), and 71.10 (3) (b) of the statutes, the repeal and recreation of sections 11.05
3(9) (title) and 11.50 (4) of the statutes, the creation of sections 11.001 (2m), 11.01 (4m),
411.01 (12w), (13) and (14), 11.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m),
511.05 (3) (r), 11.06 (1) (cm) and (dm), 11.06 (2m) (b) to (d), 11.06 (11) (bm), 11.12 (6)
6(am), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.20 (8) (am), 11.24
7(1w), 11.24 (4), 11.26 (1m), 11.26 (1t), 11.26 (2) (ae), (am), (as) and (av), 11.26 (2m),
811.26 (2t), 11.26 (8n), 11.26 (8r), 11.26 (9) (a) 1. to 4., 11.26 (9) (am), 11.26 (9m), 11.26
9(10a), 11.31 (1) (de), 11.31 (2m) (a), 11.31 (3p), 11.31 (9), 11.385, 11.50 (1) (a) 1. (intro.),
1011.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (b) 6., 11.50 (2) (j),
1111.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (9) (b), 11.50 (14), 11.60 (3r), 19.42 (3m), (4g)
12and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b), 19.59
13(8) (cm) and (cn), 71.07 (6s), 71.10 (3) (ac), 71.10 (3) (d), 71.10 (4) (gw), and 806.04
14(11m) of the statutes or Sections 9115 (2v), (2x), and (2y), 9132 (4v), 9215 (3v), 9244
15(6v), 9315 (2v) and (2w), and 9344 (2v) of this act is unconstitutional, the treatment
16of those provisions by this act is void.
AB119, s. 8 17Section 8. Nonstatutory provisions.
AB119,5,2318 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
19the repeal and recreation of sections 11.06 (1) (intro.) and (3) (b) (intro.) and 11.12 (4)
20of the statutes, as affected by this act, or any part of the laws specified in 2001
21Wisconsin Act 109
, section 9115 (2y) (b), as affected by this act, is unconstitutional,
22the repeal and recreation of sections 11.06 (1) (intro.) and (3) (b) (intro.) and 11.12 (4)
23of the statutes by this act is void.
AB119, s. 9 24Section 9. Initial applicability.
AB119,6,2
1(1) This act first applies with respect to reporting periods which begin on or
2after the effective date of this subsection.
AB119, s. 10 3Section 10. Effective dates. This act takes effect on the day after publication,
4except as follows:
AB119,6,75 (1) The repeal and recreation of sections 11.06 (1) (intro.) and (3) (b) (intro.) and
611.12 (4) of the statutes takes effect on July 1, 2003, or on the day after publication,
7whichever is later.
AB119,6,88 (End)
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