Rule-Making Notices
Notice of Hearing
Government Accountability Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
227.11 (2) (a), and
227.24, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency rule to amend section
GAB 6.05, Wis. Adm. Code, relating to filing campaign finance reports in electronic format.
Hearing Information
The public hearing will be held at the time and location shown below.
Date and Time Location
March 20, 2009 Government Accountability Board
at 9:00 a.m. Office
212 E. Washington Avenue
3rd Floor
Madison, Wisconsin 53703
This public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact the person listed below.
Statement of Emergency Finding
The Government Accountability Board amends s.
GAB 6.05, Wis. Adm. Code, relating to filing campaign finance statements in electronic format. The amended rule creates a uniform requirement and restricts registrants to an “electronic format" compatible with the Board's electronic filing system for filing campaign finance reports.
Pursuant to s.
227.24, Stats., the Government Accountability Board finds an emergency exists because the Board's January 18, 2008 decision to implement the use of a new electronic filing system, and the technical requirements thereof, conflicts with the technical electronic format filing permitted by the previous rule. In effect, the current electronic filing system cannot work without a uniform and restricted electronic format that is compatible with the new electronic filing system.
The Board adopts the legislature's policy findings of s.
11.001, Stats., emphasizing that one of the most important sources of information to voters about candidates is available through the campaign finance reporting system. The Board further finds that it is necessary to codify a uniform electronic format filing requirement to ensure the proper operation of the current electronic filing system so that the campaign finance information is available to voters. The amended rule, GAB 6.05, must be adopted immediately to ensure the public peace and welfare with respect to the administration of current and future elections.
Analysis Prepared by the Government Accountability Board
Statutes interpreted
Statutory authority
Explanation of agency authority
Under the existing statute, s.
11.21 (16), Stats., the Government Accountability Board is specifically charged with developing rules to address compliance with the electronic format filing requirement of this statute. Under the existing rule, GAB 6.05 the term “electronic format" does not restrict registrants to the electronic filing system currently in use by the Board. Adoption of this rule will create a uniform electronic format filing requirement that is compatible with the Board's current electronic filing system.
Related statute or rule
Chapter
11, Wis. Stats. — Campaign Financing.
Plain language analysis
This amended rule, GAB 6.05, creates a uniform requirement and restricts registrants to an “electronic format" compatible with the Board's electronic filing system for filing campaign finance reports.
Comparison with federal regulations
Federal regulations mandated electronic filing of campaign finance reports with a standard uniform system since January 1, 2001.
11 CFR 104.18.
Comparison with rules in adjacent states
Illinois mandates electronic filing of campaign finance reports with a standard uniform system for committees exceeding $10,000.00 in receipts or expenditures, strongly encouraging all other committees to file electronically. Michigan, Minnesota, and Iowa have optional electronic filing of campaign finance reports.
Summary of factual data and analytical methodologies
Adoption of the rule was primarily predicated upon the legislature's previous appropriation of funds to purchase an electronic filing system for campaign finance reports. In addition, the Government Accountability Board approved the use of an electronic filing system for campaign finance reports beginning year end 2008.
Analysis and supporting documentation used to determine effect on small businesses
The rule will have no effect on small business, nor any economic impact.
Small Business Impact
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no new fiscal effect. The legislature has previously appropriated funds to purchase the electronic filing system for campaign finance reports.
Agency Contact Person
Shane W. Falk, Staff Counsel, Government Accountability Board, 212 E. Washington Avenue, 3
rd Floor, P.O. Box 2973, Madison, Wisconsin 53701-2973; Phone 266-2094;
Shane.Falk@wisconsin.gov
Text of Proposed Rule
Pursuant to the authority vested in the State of Wisconsin Government Accountability Board by ss.
11.21 (16),
5.05 (1) (f),
227.11 (2) (a) and
227.24, Stats., the Government Accountability Board hereby adopts an emergency rule amending GAB 6.05, Wis. Adm. Code, interpreting s.
11.21(16), Stats., as follows:
GAB 6.05 Filing campaign finance reports in electronic format. (1) Definitions: As used in this rule:
(a) “
Campaign period" for a candidate, personal campaign committee or support committee has the same meaning as provided in s.
11.26 (17), Stats., and for any other registrant begins on January 1 of an odd-numbered year and ends on December 31 of the following year.
(b) “Contribution" has the same meaning as provided in s.
11.01 (6), Stats.
(c) “Electronic format" means computer diskette or a computer file created using Access or Excel software or software that produces a delimited file the government accountability board's internet-based Campaign Finance Information System.
(d) “Filing officer" means the government accountability board.
(e) “Registrant" has the same meaning as provided in s.
11.01 (18m), Stats.
(2) Any registrant who files with the government accountability board and who accepts contributions or makes disbursements in a total amount or value of $20,000 or more during a campaign period shall file each campaign finance report that is required to be filed by ch.
11, Stats., in
an the electronic format
specified by this rule.
(3) Any registrant not required to file reports electronically may elect to file any campaign finance report in an
the electronic format specified by this rule.
(4) Any campaign finance report filed in an electronic format shall be transmitted in time to be received by the filing officer no later than the time provided by law for filing the report. Any registrant who files a campaign finance report electronically shall, thereafter, file electronically all campaign finance reports required to be filed by the registrant.
(5) A registrant shall submit a trial report to the board before the end of the report period to determine if the report is in a format that meets the board's requirements set out in this rule.
(6)(5) Each registrant who files a report in
an the electronic format specified by this rule shall file, with the filing officer, a paper copy of the report that complies with the format set forth in Forms EB-2, EB-2a, EB-3, EB-4, EB-7, EB-10, EB-10a, EB-12 or EB-24. That paper copy of the report shall be signed by an individual authorized by the registrant to file and filed no later than the time prescribed by law for filing the report need not file a copy of the report in any other medium and shall be deemed to have satisfied the requirement of s. 11.21 (16), Stats.
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.11 (1),
29.014 (1),
29.041,
29.519 (1m) (b),
(c) and
(2) (d), and
227.11(2) (a), Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Order No. FH-21-08 revising Chapter
NR 25, relating to commercial fishing on the Great Lakes. The proposed rule revisions address three issues: the definition of the Great Lakes commercial fishing “license year", annual re-licensing requirements for Great Lakes commercial fishers, and the number of available commercial fishing licenses for Lake Michigan.
Hearing Information
The hearings will be held on:
March 18, 2009 The theater
Wednesday Northern Great Lakes Visitor Center
at 5:00 P.M. 29270 County Highway G
Ashland, Wisconsin
March 20, 2009 Cleveland Training Room, L242
Friday Lakeshore Technical College
at 5:00 P.M. 1290 North Avenue
Cleveland, 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 William Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
