Plain language analysis
Within the context of ch.
11, Stats, the proposed order will provide direction to organizations receiving contributions for independent disbursements or making independent disbursements following the U.S. Supreme Court decision in
Citizens United v. FEC, 558 U.S. ___, (No. 08-205)(January 21, 2010). The proposed rule enumerates registration, reporting, and disclaimer requirements of provisions of ch.
11, Stats., which apply to organizations receiving contributions or making independent disbursements. Comporting with
Citizens United, the proposed rule does not treat persons making independent disbursements as full political action committees or individuals under s.
11.05, Stats., for the purposes of registration and reporting. With respect to contributions or in-kind contributions received, this proposed rule requires organizations to disclose only donations “made for" political purposes, but not donations received for other purposes.
Comparison with federal regulations
At the federal level, the FEC provides rules at
11 CFR 109.10, which regulate persons who are not a committee and make independent expenditures. An independent expenditure statement and reports quarterly are required for any person making independent expenditures in excess of an aggregate $250.00 in a calendar year. If a person makes an independent expenditure of $10,000.00 or more, an independent expenditure statement and report must be filed within 48 hours of the expenditure. Any person making an independent expenditure of $1,000.00 or more within 20 days of an election must file an independent statement and report within 24 hours of the expenditure. The independent expenditure statement must include the identity of the person making the expenditure, any contributions received in excess of $200.00, and the candidate benefitted by the expenditure. In addition, a disclaimer is required for any communication resulting from an independent expenditure.
Comparison with rules in adjacent states
Illinois:
Section 5/9-1.5, Ill. Adm. Code, defines “expenditure" generally and to include an electioneering communication regardless of whether the communication is made in concert or cooperation with, or at the request, suggestion or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, or any of their agents. Sections 5/9-1.7 and 1.8, Ill. Adm. Code, define local and State political committees to include a candidate, individual, trust, partnership, committee, association, corporation, or any other organization or group of persons which accept contributions or make expenditures on behalf of or in opposition to a candidate and exceeding an aggregate of $3,000.00 in any 12 month period. Persons making independent expenditures in Illinois are by definition committees and subject to substantially similar registration, reporting, and disclaimer requirements as committees in Wisconsin.
Iowa:
Chapter
351—4.27 of the Iowa Administrative Code sets forth requirements for registration and reporting of independent expenditures and it applies to any person, other than a candidate or registered committee, that makes one or more independent expenditures in excess of $100.00 in the aggregate. 351—4.27, Iowa Adm. Code. A person subject to filing an independent expenditure statement must identify the person making the expense and for whom it benefits. 351—4.27(2), Iowa Adm. Code. There is no requirement to file a statement of organization registering a committee or public disclosure reports. 351—4.27(7), Iowa Adm. Code. A disclaimer on communications is required. 351—4.27(6), Iowa Adm. Code.
Michigan:
Michigan statutes regulate independent expenditures, but the administrative rules do not specifically address them. Michigan Statutes s.
169.208 provides a definition for an “independent committee," which upon exceeding $500.00 in contributions or expenditures is subject to substantially similar registration, reporting, and disclaimer requirements as committees in Wisconsin.
Minnesota:
Minnesota statutes regulate independent expenditures, but the administrative rules do not specifically address them.
Summary of factual data and analytical methodologies
Adoption of the rule was predicated on state statutes and federal case law.
Analysis and supporting documentation used to determine effect on small businesses
The rule may have a minimal effect on small businesses that will participate in receiving contributions or making independent disbursements. The economic impact of this effect is minor. Businesses may have a filing fee of $100.00, if the amount of aggregate independent disbursements made in any year exceeds $2,500.00.
Small Business Impact
The creation of this rule may have a minimal effect on small businesses as explained above.
Initial regulatory flexibility analysis
The creation of this rule does not affect the normal operations of business.
Fiscal Estimate
The creation of this rule has minimal fiscal effect. There may be additional registrants filing reports with the Board and potentially additional enforcement actions that may require staff action. The extent of this potential fiscal impact is undetermined.
Text of Proposed Rule
SECTION 1. GAB 1.91 is created to read:
1.91 Organizations Making Independent Disbursements. (1) In this section:
(a) “Contribution" has the meaning given in s. 11.0 1(6), Stats.
(b) “Disbursement" has the meaning given in s.
11.01 (7), Stats.
(c) “Filing officer" has the meaning given in s.
11.01 (8), Stats.
(d) “Incurred obligation" has the meaning given in s.
11.01 (11), Stats.
(e) “Person" includes the meaning given in s.
990.01 (26), Stats.
(f) “Organization" means any person other than an individual, committee, or political group subject to registration under s.
11.23, Stats.
(g) “Independent" means the absence of acting in cooperation or consultation with any candidate or authorized committee of a candidate who is supported or opposed, and is not made in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed.
(h) “Designated depository account" means a depository account specifically established by an organization to receive contributions and from which to make independent disbursements.
(2) A corporation, or association organized under ch.
185 or
193, Stats., is a person and qualifies as an organization that is not prohibited by s.
11.38 (1) (a) 1., Stats., from making independent disbursements until such time as a court having jurisdiction in the State of Wisconsin rules that a corporation, or association organized under ch.
185 or
193, Stats., may constitutionally be restricted from making an independent disbursement.
(3) Upon accepting contributions made for, incurring obligations for, or making an independent disbursement exceeding $25 in aggregate during a calendar year, an organization shall establish a designated depository account in the name of the organization. Any contributions to and all disbursements of the organization shall be deposited in and disbursed from this designated depository account. The organization shall select a treasurer for the designated depository account and no disbursement may be made or obligation incurred by or on behalf of an organization without the authorization of the treasurer or designated agents. The organization shall register with the board and comply with s.
11.09, Stats., when applicable.
(4) The organization shall file a registration statement with the appropriate filing officer and it shall include, where applicable:
(a) The name, street address, and mailing address of the organization.
(b) The name and mailing address of the treasurer for the designated depository account of the organization and any other custodian of books and accounts for the designated depository account.
(c) The name, mailing address, and position of other principal officers of the organization, including officers and members of the finance committee, if any.
(d) The name, street address, mailing address, and account number of the designated depository account.
(e) The registration statement shall be signed by the treasurer for the designated depository account of the organization and shall contain a certification that all information contained in the registration statement is true, correct and complete.
(5) The designated depository account for an organization required to register with the Board shall annually pay a filing fee of $100.00 to the Board as provided in s.
11.055, Stats.
(6) The organization shall comply with s.
11.05 (5), Stats., and notify the appropriate filing officer within 10 days of any change in information previously submitted in a statement of registration.
(7) An organization making independent disbursements shall file the oath for independent disbursements required by s.
11.06(7), Stats.
(8) An organization receiving contributions for independent disbursements or making independent disbursements shall file periodic reports as provided ss.
11.06,
11.12,
11.19,
11.20 and
11.21 (16), Stats., and include all contributions received for independent disbursements, incurred obligations for independent disbursements, and independent disbursements made. When applicable, an organization shall also file periodic reports as provided in s.
11.513, Stats.
(9) An organization making independent disbursements shall comply with the requirements of s.
11.30 (1),
(2) (a) and
(d), Wis. Stats., and include an attribution identifying the organization paying for any communication, arising out of independent disbursements on behalf of or in opposition to candidates, with the following words: “Paid for by" followed by the name of the organization and the name of the treasurer or other authorized agent of the organization followed by “Not authorized by any candidate or candidate's agent or committee."
Agency Contact Person
Shane W. Falk, Staff Counsel
Government Accountability Board
212 E. Washington Avenue, 3rd Floor
P.O. Box 7984
Madison, WI 53707-7984
Phone: (608) 266-2094
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
227.11, and
227.24, Stats., the Department of Natural Resources will hold public hearings on an emergency rule to revise Chapter
NR 10, Wis. Adm. Code, relating to the use of archery deer hunting licenses. The State Natural Resources Board adopted this rule after public hearings on June 23, 2010. This hearing is being held on the emergency rule version, which the Board also adopted on June 23, 2010, in order to be able to implement the rule for the 2010 seasons.
Hearing Information
Date: Monday, August 30, 2010
Time: 3:00 p.m.
Location: Room G09, Natural Resources State Office
Building (GEF-2)
101 South Webster Street
Madison, Wisconsin
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed at the following Internet site:
http://adminrules.wisconsin.gov. A personal copy of the proposed rule and fiscal estimate may be obtained from Scott Loomans by email or U.S. mail. Written comments on the proposed rule may be submitted by email to
scott.loomans@wisconsin.gov or via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
August 30, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. Deer populations are well below goal in much of northeast Wisconsin, causing great concern from hunters and others who value deer. This rule is one of the ways the department is trying to rebuild the populations there. The federal government and state legislature have delegated to the appropriate agencies rule-making authority to control and regulate hunting wild animals. The State of Wisconsin must provide publications describing the regulations for deer hunting to approximately 250,000 archery deer hunters prior to the start of the season. These regulations must be legally in effect prior to printing nearly 1 million copies of the regulations publication. The timeline for the permanent version of this rule will not have it in effect in time for these deadlines.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Plain language rule analysis
The Bureau of Wildlife Management recommends promulgating administrative rules that modify a section of ch.
NR 10 related to game and hunting and the use of archery deer hunting licenses.
Currently, each license which authorizes archery deer hunting includes one carcass tag that is valid for taking an antlered buck in any management unit and one tag which is valid for one antlerless deer in any management unit. This proposal would limit the areas where the antlerless carcass tag is valid to only management units for which an antlerless deer harvest quota has been established and CWD units.
Firearm deer hunters who hold Class A or C permits for hunters with disabilities can currently harvest deer of either sex. So that archery hunting regulations are consistent with firearm deer hunting regulations, Class A and C archery hunters would also continue to be able to harvest an antlerless deer with their (non-herd control) archery antlerless deer carcass tag in any unit statewide, including units with no antlerless deer quota.
Related statute or rule
There are no state statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order. An identical, permanent version of this rule order is being promulgated at the same time that this emergency order is in effect.
Comparison with federal regulations
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game that are established based on needs that are unique to that state's resources and public desires.
Summary of factual data and analytical methodologies
The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in NR 10.104, Wis. Adm. Code.
In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. When the quota is zero in a unit, most firearm deer hunters may not harvest antlerless deer. Only archers, first year hunter safety graduates, and disabled permit holders are allowed to harvest antlerless deer when no quota has been established.
Eliminating archery hunter's ability to harvest antlerless deer in zero quota units would make regulations more consistent between the firearm and archery seasons.
Environmental Impact
