AB13: Bill Text

LRB-0185/2

JTK:kmg:ch

1997 - 1998 LEGISLATURE

1997 Assembly BILL 13

January 28, 1997 - Introduced by Representative Black. Referred to Committee on Campaign Finance Reform.

AB13,1,4 An Act to amend 13.625 (1) (c) (intro.) and 1. and (3) and 13.69 (6); and to create 11.01 (13) and (14), 11.39 and 13.62 (8e) and (11w) of the statutes; relating to: political contributions by lobbyists, principals and certain committees during certain periods and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits any special interest ("political action") committee or any political party or legislative campaign committee from making a contribution to an individual who is a candidate for a partisan state office or a personal campaign or authorized support committee of such a candidate, except during the period between June 1 and December 31 of an even-numbered year, if the individual is a candidate for a partisan state office at the general election to be held in that year. The bill similarly prohibits a special interest committee or a political party or legislative campaign committee from making a contribution to an individual who is a candidate for a nonpartisan state office or a personal campaign or authorized support committee of such a candidate, except during the period between December 1 preceding a spring election and ending on the day of that election, if the individual is a candidate for a nonpartisan state office at that election. The prohibition also extends to a contribution from an individual which is transferred by a "conduit" committee. The prohibition does not apply to a candidate for state office at a special election or a personal campaign committee of such a candidate during the period beginning on the day that the special election is ordered and ending on the day of the special election. Violations are punishable by a forfeiture (civil penalty) of not more than treble the amount of the contribution. Intentional violators are guilty of a misdemeanor and may be punished by a fine of not more than $1,000 or imprisonment for not more than 6 months or both.

Currently, there is no restriction under the campaign finance law on the period during which committees may make contributions.

The bill also prohibits a lobbyist or principal from making a contribution to a legislative campaign or political party committee, except during the period between June 1 and the day of the general election if the legislature has concluded its final floorperiod and is not in special or extraordinary session during that period. Legislative campaign and political party committees are similarly prohibited from accepting such contributions. Any lobbyist who or committee which violates the prohibition is subject to a forfeiture of not more than $1,000. Any principal which violates the prohibition is subject to a forfeiture of not more than $5,000.

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

AB13, s. 1 Section 1. 11.01 (13) and (14) of the statutes are created to read:

AB13,2,3 11.01 (13) "Nonpartisan state office" means the office of state superintendent, justice, court of appeals judge or circuit judge.

AB13,2,6 (14) "Partisan state office" means the office of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state senator, state representative to the assembly or district attorney.

AB13, s. 2 Section 2. 11.39 of the statutes is created to read:

AB13,2,15 11.39 Certain committee contributions prohibited. (1) No committee other than a personal campaign or support committee may make or transfer a contribution to an individual who is a candidate for a partisan state office, personal campaign committee of such a candidate or support committee of such a candidate authorized under s. 11.05 (3) (p), except during the period commencing on June 1 of an even-numbered year and ending with the day of the general election, if the individual is a candidate for a partisan state office at the general election to be held in that year.

AB13,3,6 (2) No committee other than a personal campaign or support committee may make or transfer a contribution to an individual who is a candidate for a nonpartisan state office, personal campaign committee of such a candidate or support committee of such a candidate authorized under s. 11.05 (3) (p), except during the period commencing on December 1 and ending on the day of the succeeding spring election, if the individual is a candidate for a nonpartisan state office at that spring election.

AB13,3,10 (3) This section does not apply to an individual who is a candidate for state office at a special election or a personal campaign committee of such a candidate during the period commencing on the date that the special election is ordered and ending on the date of the special election.

AB13, s. 3 Section 3. 13.62 (8e) and (11w) of the statutes are created to read:

AB13,3,13 13.62 (8e) "Legislative campaign committee" has the meaning given in s. 11.01 (12s).

AB13,3,15 (11w) "Political party committee" means a committee of a political party, as defined in s. 5.02 (13).

AB13, s. 4 Section 4. 13.625 (1) (c) (intro.) and 1. and (3) of the statutes are amended to read:

AB13,4,4 13.625 (1) (c) (intro.) Except as permitted in this subsection, make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the to such an official's or candidate's personal campaign committee or to a legislative campaign or political party committee. A campaign contribution to an individual who is a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's general election in which the name of that individual appears on the ballot, and may be made to a legislative campaign or political party committee, during the period between June 1 preceding the general election and the day of the general that election, except that:

AB13,4,8 1. A campaign contribution to a candidate for legislative office or to a legislative campaign or political party committee may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.

AB13,4,16 (3) No candidate for an elective state office, elective state official, agency official or legislative employe of the state may solicit or accept anything of pecuniary value from a lobbyist or principal, except as permitted under subs. (1) (b) 3. and (c), (2), (4), (5), (6), (7), (8) and (9). No personal campaign committee of a candidate for state office and no legislative campaign or political party committee may accept anything of pecuniary value from a lobbyist or principal, except as permitted under sub. (1) (c) or as permitted for such a candidate under subs. (1) (b) 3. and (c), (2) and (6).

AB13, s. 5 Section 5. 13.69 (6) of the statutes is amended to read:

AB13,4,21 13.69 (6) Any candidate for an elective state office, elective state official, agency official or legislative employe of the state who, or any personal campaign, legislative campaign or political party committee which, violates s. 13.625 (3) may be required to forfeit not more than $1,000.

AB13,4,22 (End)