Fiscal Estimate
The creation of this rule does not affect business.
Notice of Proposed Rule
Elections Board
Notice is hereby given that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 11.01 (16), 11.06 (12), and 11.30 (2), (4) and (5), Stats., and according to the procedures set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Elections Board will amend the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on July 15, 1996, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis
Statutory authority: ss. 5.05 (1) (f) and 227.11 (2) (a)
Statutes interpreted: ss. 11.01 (16), 11.06 (12), and
11.30(2), (4) and (5)
The rule provides that the source of any communication, including a telephone call, that has been paid for with money raised for political purposes - except a bona fide poll or survey which does not expressly advocate the election or defeat of a clearly identified candidate or a vote at a referendum - must be identified during the course of, or at the end of, the communication. The amendment adds a new subsection, [sub. (5)], establishing a special source identification for slate endorsements in political party communications.
Text of Rule
SECTION 1. ElBd 1.655 (1) (f) and (5) are created to read:
(1) (f) “Political Party” has the meaning provided in s. 5.02 (13), Stats.
(5) If a political party makes a communication supporting the election of more than one candidate, the source identification for that communication shall be as follows: “Paid for by the (Name of party) Party as an in-kind contribution to the candidates named.”
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Proposed Rule
Elections Board
Notice is hereby given that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 11.01 (5m), 11.02, 11.05 (9) (b), 11.06 (11), 11.12 (5), 11.20, 11.24 (1m), 11.26 (12m), and 11.50 (2) (b) 5., Stats., and according to the procedures set forth in ss. 227.16 (2) (e) Stats., the State of Wisconsin Elections Board will amend the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on July 15, 1996, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis
Statutory authority: ss. 5.05(1) (f) and 227.11 (2) (a)
Statutes interpreted: ss. 11.01 (5m), 11.02, 11.05 (9) (b),
11.06 (11), 11.12 (5), 11.20, 11.24 (1m),
11.26 (12m), and 11.50 (2) (b) 5.
The rule governs conduit registration and reporting requirements. The amendment to sub. (1) requires conduits to register no later than the date of the initial transfer of a contribution by the conduit, or within 5 days of receiving a contribution, whichever event occurs first. The amendment to sub. (4) increases, from $50 to $100, the amount of the cumulative contributions that generate a requirement to report a transferee's occupation and principal place of employment; and adds the further requirement that the contributor's name and address and the name and address of the contributor's principal place of employment must also be provided.
Text of Rule
SECTION 1. ElBd 1.85 (1) and (4) are amended to read:
(1) A conduit, as defined in s. 11.01 (5m), Stats., is required to register no later than the date of the initial transfer of a contribution to a candidate, personal campaign committee, legislative campaign committee, or political party committee, or within five days of the receipt of a contribution from conduit member, whichever event occurs first.
(4) A conduit shall report to the transferee the full name and address, the occupation, and the name and address of the principal place of employment, if any, of the contributor if the contributor's cumulative contributions exceed $100 50 for the calendar year.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Hearing
Public Defender
Notice is hereby given that pursuant to s. 977.02 (2m), (3), (4) and (6), Stats., interpreting ss. 977.07 and 977.08, Stats., the State Public Defender will hold a public hearing at the time and place indicated below to consider the creation of rules, relating to the procedures for assignment of counsel.
Hearing Information
Notice is hereby further given that the hearing will be held on:
July 26, 1996 2nd Floor
Friday 315 North Henry St.
10:00 a.m. to MADISON, WI
12:00 p.m. (noon)
Reasonable accommodations will be made at the hearing for people with disabilities.
Analysis by Agency
Statutory authority: s. 977.02 (2m), (3), (4) and (6)
Statutes interpreted: ss. 977.07 and 977.08
The proposed rules are necessary to reflect recent changes related to the procedures for assigning both staff and private counsel. Also, the proposed rules are needed for consistency among PD administrative rules. The proposed rules will aid in implementation of the statutory mandates related to the appointment of counsel and collections contained in the biennial budget act.
Specifically, proposed s. PD 2.03 (4) amends the language related to the categories of persons for which counsel is appointed. The amendments contained in proposed s. PD 2.03 (5) reflect recent statutory changes related to the repayment of attorney costs. Finally, proposed s. PD 2.03 (8) specifies the proper title of the person who may authorize group assignment of cases to the private bar.
Initial Regulatory Flexibility Analysis
This rule would not have a regulatory effect on small businesses.
Fiscal Estimate
The proposed amendments to s. PD 2.03 (4), (5) and (8) will have no fiscal impact. The proposed amendments reflect recent changes related to the procedures for assigning both staff and private counsel and are needed primarily to establish consistency with other PD administrative rules.
Contact Person
For copies of the proposed rules, or if you have questions, please contact:
Ms. Gina Pruski
Deputy Legal Counsel
(608) 266-6782
315 North Henry Street
Madison, WI 53703-3233
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by July 26, 1996.
Notice of Hearing
Public Defender
Notice is hereby given that pursuant to s. 977.02 (2m) and (3), Stats., interpreting s. 977.06 (1) (b), Stats., the Office of the State Public Defender will hold a public hearing at the time and place indicated below to consider the creation of a rule, relating to the redetermination of indigency during the course of representation.
Hearing Information
Notice is hereby further given that the hearing will be held on:
July 26, 1996 2nd Floor
Friday 315 North Henry St.
1:00 p.m. to MADISON, WI
3:00 p.m.
Reasonable accommodations will be made at the hearing for people with disabilities.
Analysis by Agency
Statutory authority: s. 977.02 (2m) and (3)
Statute interpreted: s. 977.06 (1) (b)
The proposed amendment clarifies the administrative rule by deleting background information that explains the gross income eligibility table contained in the rule. The deleted information comprises a worksheet showing the disposable monthly income of a single person earning $7.50 per hour and a summary of the agency's cost-of-counsel table in non-felony cases. Although this part of the rule supports the income levels contained in the table, the worksheet and reference to the cost of counsel do not contribute to the substance of the rule, and their deletion will make the rule clearer.
Initial Regulatory Flexibility Analysis
This rule would not have a regulatory effect on small businesses.
Fiscal Estimate
The proposed amendments to s. PD 3.039 will have no fiscal impact. The proposed amendment clarifies the administrative rule by deleting background information that explains the gross income eligibility table contained in the rule. The deleted information consists of a worksheet showing the disposable monthly income of a single person earning $7.50 per hour and a summary of the agency's cost-of-counsel table in non-felony cases. Deletion of the worksheet and reference to the cost of counsel has no fiscal effect.
