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JTK:nwn:rs
2011 - 2012 LEGISLATURE
June 28, 2011 - Introduced by Joint Committee For Review of Administrative
Rules
. Referred to Committee on Election and Campaign Reform.
AB196,1,3 1An Act to amend 5.05 (1) (f); and to create 11.211 of the statutes; relating to:
2prohibiting the promulgation of certain rules concerning campaign financing
3by the Government Accountability Board.
Analysis by the Legislative Reference Bureau
Currently, under the campaign finance law, with limited exceptions, an
individual who or committee that makes disbursements (expenditures for political
purposes) must register with the appropriate filing officer or agency. With limited
exceptions, a registrant is required to file regular and special reports containing
specified information pertaining to financial activity. The law also regulates the
extent to which corporations and cooperatives, including unincorporated cooperative
associations, may make disbursements.
Currently, the Government Accountability Board (GAB) may promulgate rules
interpreting or implementing specific statutes regulating the conduct of elections or
election campaigns or ensuring the proper administration of these statutes. This bill
prohibits GAB from promulgating any rule: 1) affecting the authority of a
corporation or cooperative, whether or not incorporated, to make any disbursement
independently of a candidate who is supported or opposed or any agent or authorized
committee of such a candidate; or 2) imposing any registration, reporting, filing,
accounting, treasury, or fee payment requirement or any attribution requirement in
making communications upon any person, including any organization, apart from
the requirements imposed under the campaign finance law.

This bill is introduced as required by s. 227.19 (5) (e), stats. in support of the
objection of the Joint Committee for the Review of Administrative Rules to the
promulgation of rules under proposed Clearinghouse Rule CR 10-087 by GAB.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB196, s. 1 1Section 1. 5.05 (1) (f) of the statutes is amended to read:
AB196,2,52 5.05 (1) (f) Promulgate Subject to s. 11.211, promulgate rules under ch. 227
3applicable to all jurisdictions for the purpose of interpreting or implementing the
4laws regulating the conduct of elections or election campaigns or ensuring their
5proper administration.
AB196, s. 2 6Section 2. 11.211 of the statutes is created to read:
AB196,2,8 711.211 Certain rule making prohibited. The board shall not promulgate
8any rule:
AB196,2,12 9(1) Affecting the authority of a foreign or domestic corporation or association
10organized under ch. 185 or 193 to make any disbursement independently of a
11candidate who is supported or opposed or any agent or authorized committee of such
12a candidate.
AB196,2,16 13(2) Imposing upon any person, including any organization, any registration,
14reporting, filing, accounting, treasury, or fee payment requirements or any
15attribution requirements in making communications, apart from the requirements
16imposed under this chapter.
AB196,2,1717 (End)
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