SB139: Bill Text

LRB-2253/1

JTK:nwn:rs

2011 - 2012 LEGISLATURE

2011 Senate BILL 139

June 30, 2011 - Introduced by Joint Committee For Review of Administrative Rules. Referred to Committee on Transportation and Elections.

SB139,1,3 An Act to amend 5.05 (1) (f); and to create 11.211 of the statutes; relating to: prohibiting the promulgation of certain rules concerning campaign financing by 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:

SB139, s. 1 Section 1. 5.05 (1) (f) of the statutes is amended to read:

SB139,2,5 5.05 (1) (f) Promulgate Subject to s. 11.211, promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.

SB139, s. 2 Section 2. 11.211 of the statutes is created to read:

SB139,2,8 11.211 Certain rule making prohibited. The board shall not promulgate any rule:

SB139,2,12 (1) Affecting the authority of a foreign or domestic corporation or association organized under ch. 185 or 193 to make any disbursement independently of a candidate who is supported or opposed or any agent or authorized committee of such a candidate.

SB139,2,16 (2) Imposing upon any person, including any organization, any registration, reporting, filing, accounting, treasury, or fee payment requirements or any attribution requirements in making communications, apart from the requirements imposed under this chapter.

SB139,2,17 (End)