LRB-4913/2
JTK:kjf:rs
2005 - 2006 LEGISLATURE
May 4, 2006 - Introduced by Representative Kessler. Referred to Committee on
Rules.
AB1223,1,4
1An Act to repeal 11.01 (2); and
to amend 8.35 (4) (a) 1. a. and b., 8.35 (4) (a) 1.
2c., 11.06 (1) (e), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2) and 11.38 (6)
3of the statutes;
relating to: disposition of certain contributions or other
4moneys in campaign treasuries.
Analysis by the Legislative Reference Bureau
Currently, with certain exceptions, a registrant under the campaign finance
law is generally prohibited from making a disbursement (expenditure) from moneys
solicited for political purposes for a purpose that is other than political. However, a
registrant that receives a contribution from an unregistered nonresident, an
unlawful corporate contribution, or a cash contribution exceeding $50 must either
return the contribution to the source or donate the contribution to a charitable
organization or to the state common school fund. Residual moneys in a campaign
treasury when a registrant ceases financial activity may be treated likewise. In
addition, an anonymous contribution exceeding $10 must be donated to a charitable
organization or to the common school fund.
This bill eliminates the option to transfer contributions or other moneys to a
charitable organization in the circumstances described above.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1223,2,83
8.35
(4) (a) 1. a. Donated to the former candidate's local or state political party
4if the former candidate was a partisan candidate or donated to the
charitable
5organization of the former candidate's choice or the charitable organization chosen 6common school fund if so elected by the former candidate or by the former candidate's
7next of kin if the former candidate is deceased, or if no
choice election is made
8returned to the donors on a proportional basis; or
AB1223,2,129
b. If the former candidate was a nonpartisan candidate, donated to the
10charitable organization of the former candidate's choice or the charitable
11organization chosen common school fund if so elected by the former candidate or by
12the former candidate's next of kin if the former candidate is deceased; or
AB1223, s. 2
13Section
2. 8.35 (4) (a) 1. c. of the statutes is amended to read:
AB1223,2,1614
8.35
(4) (a) 1. c. If no
choice election is made, returned to the donors on a
15proportional basis, with contributions which cannot be identified donated in
16accordance with subd. 1. a. or b.
AB1223, s. 3
17Section
3. 11.01 (2) of the statutes is repealed.
AB1223,2,2220
11.06
(1) (e) An itemized statement of contributions over $20 from a single
21source donated to
a charitable organization or to the common school fund, with the
22full name and mailing address of the donee.
AB1223,3,5
111.07
(5) Any campaign treasurer or individual who knowingly receives a
2contribution made by an unregistered nonresident in violation of this section may
3not use or expend such contribution but shall immediately return it to the source or
4at the option of the campaign treasurer or individual, donate the contribution to
a
5charitable organization or to the common school fund.
AB1223,3,118
11.12
(2) Any anonymous contribution exceeding $10 received by a campaign
9or committee treasurer or by an individual under s. 11.06 (7) may not be used or
10expended. The contribution shall be donated to the common school fund
or to any
11charitable organization at the option of the treasurer.
AB1223,3,1914
11.16
(2) Limitation on cash contributions. Every contribution of money
15exceeding $50 shall be made by negotiable instrument or evidenced by an itemized
16credit card receipt bearing on the face the name of the remitter. No treasurer may
17accept a contribution made in violation of this subsection. The treasurer shall
18promptly return the contribution, or donate it to the common school fund
or to a
19charitable organization in the event that the donor cannot be identified.
AB1223,4,1222
11.19
(1) Whenever any registrant disbands or determines that obligations will
23no longer be incurred, and contributions will no longer be received nor disbursements
24made during a calendar year, and the registrant has no outstanding incurred
25obligations, the registrant shall file a termination report with the appropriate filing
1officer. Such report shall indicate a cash balance on hand of zero at the end of the
2reporting period and shall indicate the disposition of residual funds. Residual funds
3may be used for any political purpose not prohibited by law, returned to the donors
4in an amount not exceeding the original contribution, or donated to
a charitable
5organization or the common school fund. The report shall be filed and certified as
6were previous reports, and shall contain the information required by s. 11.06 (1). A
7registrant to which s. 11.055 (1) applies shall pay the fee imposed under that
8subsection with a termination report filed under this subsection. If a termination
9report or suspension report under sub. (2) is not filed, the registrant shall continue
10to file periodic reports with the appropriate filing officer, no later than the dates
11specified in s. 11.20. This subsection does not apply to any registrant making an
12indication under s. 11.05 (2r).
AB1223,4,1815
11.23
(2) Any anonymous contribution exceeding $10 received by an individual
16or group treasurer may not be used or expended. The contribution shall be donated
17to the common school fund
or to any charitable organization at the option of the
18treasurer.
AB1223,4,2321
11.38
(6) Any individual or campaign treasurer who receives funds in violation
22of this section shall promptly return such funds to the contributor or donate the funds
23to the common school fund
or a charitable organization, at the treasurer's option.
AB1223,5,2
1(1)
This act first applies with respect to contributions received on the effective
2date of this subsection.