AB684: Bill Text

LRB-3773/2

JTK:kjf:jf

2011 - 2012 LEGISLATURE

2011 Assembly BILL 684

March 8, 2012 - Introduced by Representatives Hebl, Jorgensen, Roys, C. Taylor, Berceau, Turner, Pasch, Richards, Bewley and Pope-Roberts, cosponsored by Senators S. Coggs and C. Larson. Referred to Committee on Election and Campaign Reform.

AB684,1,2 An Act to amend 11.60 (3) and 11.61 (1) (c); and to create 11.245 of the statutes; relating to: notice of certain political contributions made to a judge or justice.

Analysis by the Legislative Reference Bureau

This bill provides that whenever an interested contributor makes a political contribution to a court of appeals, circuit, or municipal judge or supreme court justice in a pending civil or criminal action or proceeding over which the judge or justice is presiding, or to the personal campaign or authorized support committee of a judge or justice, the person must, within five days of the date that the contribution is made, notify the judge or justice and every party other than the interested contributor to the action or proceeding, in writing, of the fact that the contribution has been made and the date and amount of the contribution. The bill defines an "interested contributor" as a party to a pending civil or criminal action or proceeding; an affiliate of such a party; a spouse, minor child, or minor stepchild of such a party; an attorney representing such a party; or the law firm, partner, or associate of such an attorney.

Currently, there is no similar requirement. However, the recipient of a political contribution, as well as any contributor that also accepts contributions, is subject to registration and periodic reporting requirements, with certain exceptions.

Violators of the reporting requirement created by the bill are subject to a forfeiture (civil penalty) of not more than $500 for each violation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB684, s. 1 Section 1. 11.245 of the statutes is created to read:

AB684,2,3 11.245 Notice of contributions by certain interested contributors. (1) In this subsection:

AB684,2,5 (a) "Affiliate" means a person that controls, is controlled by, or is under common control with another person.

AB684,2,9 (b) "Interested contributor" means a party to a pending civil or criminal action or proceeding; an affiliate of a party; a spouse, minor child, or minor stepchild of such a party; an attorney representing such a party; or the law firm, partner, or associate of such an attorney.

AB684,2,11 (c) "Judge" means a court of appeals judge, a circuit court judge, or a municipal judge.

AB684,2,13 (d) "Pending civil or criminal action or proceeding" means an ongoing civil or criminal action or proceeding that has been commenced under chs. 800, 801, or 968.

AB684,2,21 (2) If an interested contributor makes a contribution to a judge or justice in a pending civil or criminal action or proceeding over which the judge or justice is presiding, or to the personal campaign committee or support committee of a judge or justice authorized under s. 11.05 (3) (p), the contributor shall, within five days of the date that the contribution is made, notify the judge or justice and every party other than the interested contributor to the pending civil or criminal action or proceeding, in writing, of the fact that the contribution has been made and the date and amount of the contribution.

AB684, s. 2 Section 2 . 11.60 (3) of the statutes is amended to read:

AB684,3,2 11.60 (3) Notwithstanding sub. (1), any person, including any committee or group, who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion thereof which is illegally contributed. This subsection does not apply to a violation of s. 11.245.

AB684, s. 3 Section 3 . 11.61 (1) (c) of the statutes is amended to read:

AB684,3,9 11.61 (1) (c) Whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both. This paragraph does not apply to a violation of s. 11.245.

AB684,3,10 (End)