LRB-3859/1
JTK:cjs:ph
2009 - 2010 LEGISLATURE
December 2, 2009 - Introduced by Committee on Judiciary, Corrections,
Insurance, Campaign Finance Reform, and Housing
. Referred to Committee
on Judiciary, Corrections, Insurance, Campaign Finance Reform, and
Housing.
SB417,1,4 1An Act to amend 11.05 (1), 11.05 (2), 11.05 (2r), 11.05 (12) (b), 11.07 (1), 11.23
2(1) and 11.38 (8) (b) of the statutes; relating to: the threshold for registration
3and reporting by groups and individuals seeking to influence referendum
4results.
Analysis by the Legislative Reference Bureau
Currently, with limited exceptions, every group that makes or accepts
contributions, incurs obligations, or makes disbursements (expenditures), and every
individual that accepts contributions, incurs obligations, or makes disbursements
exceeding a total of $25 within a calendar year to influence the outcome of a state or
local referendum must register with the appropriate filing officer or agency and, with
certain exceptions, must file regular financial reports providing the information
specified by law. A registrant that meets certain qualifications and does not accept
any contribution from a single source exceeding a total of $100 within a calendar year
may qualify for an exemption from reporting.
This bill increases the registration threshold to amounts exceeding a total of
$750 within a calendar year. The bill also adjusts the threshold for acceptance of
contributions from a single source to potentially qualify for a reporting exemption to
a total of $750 within a calendar year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB417, s. 1
1Section 1. 11.05 (1) of the statutes is amended to read:
SB417,2,112 11.05 (1) Committees and groups. Except as provided in s. 9.10 (2) (d), every
3committee other than a personal campaign committee which makes or accepts
4contributions, incurs obligations, or makes disbursements in a calendar year in an
5aggregate amount in excess of $25
, and every political group subject to registration
6under s. 11.23 which makes or accepts contributions, incurs obligations or makes
7disbursements in a calendar year in an aggregate amount in excess of $25
shall file
8a statement with the appropriate filing officer giving the information required by
9sub. (3). In the case of any committee other than a personal campaign committee,
10the statement shall be filed by the treasurer. A personal campaign committee shall
11register under sub. (2g) or (2r).
SB417, s. 2 12Section 2. 11.05 (2) of the statutes is amended to read:
SB417,2,2113 11.05 (2) Individuals. Except as provided in s. 9.10 (2) (d), every individual,
14other than a candidate or agent of a candidate, who accepts contributions, incurs
15obligations, or makes disbursements in a calendar year in an aggregate amount in
16excess of $25 to support or oppose the election or nomination of a candidate at an
17election and every individual subject to registration under s. 11.23
shall file a
18statement with the appropriate filing officer giving the information required by sub.
19(3). An individual who guarantees a loan on which an individual, committee or group
20subject to a registration requirement defaults is not subject to registration under this
21subsection solely as a result of such default.
SB417, s. 3 22Section 3. 11.05 (2r) of the statutes is amended to read:
SB417,3,2223 11.05 (2r) General reporting exemptions. Any person, committee or, group,
24or individual, other than a committee or individual required to file an oath under s.
2511.06 (7), who or which does not anticipate accepting contributions, making

1disbursements or incurring obligations in an aggregate amount in excess of $1,000
2in a calendar year and does not anticipate accepting any contribution or
3contributions from a single source, other than contributions made by a candidate to
4his or her own campaign, exceeding $100 in that year, or exceeding $750 in that year
5for a group or individual subject to registration under s. 11.23,
may indicate on its
6registration statement that the person, committee or, group, or individual will not
7accept contributions, incur obligations or make disbursements in the aggregate in
8excess of $1,000 in any calendar year and will not accept any contribution or
9contributions from a single source, other than contributions made by a candidate to
10his or her own campaign, exceeding $100 in such that year, or exceeding $750 in that
11year for a group or individual subject to registration under s. 11.23
. Any registrant
12making such an indication is not subject to any filing requirement if the statement
13is true. The registrant need not file a termination report. A registrant not making
14such an indication on a registration statement is subject to a filing requirement. The
15indication may be revoked and the registrant is then subject to a filing requirement
16as of the date of revocation, or the date that aggregate contributions, disbursements
17or obligations for the calendar year exceed $1,000, or the date on which the registrant
18accepts any contribution or contributions exceeding $100 from a single source, or
19exceeding $750 from a single source for a group or individual subject to registration
20under s. 11.23,
other than contributions made by a candidate to his or her own
21campaign, during that year, whichever is earlier. If the revocation is not timely, the
22registrant violates s. 11.27 (1).
SB417, s. 4 23Section 4. 11.05 (12) (b) of the statutes is amended to read:
SB417,4,1124 11.05 (12) (b) Except as authorized under sub. (13), a committee, group or
25individual that becomes subject to a registration requirement under sub. (1) or (2),

1other than a candidate or agent of a candidate, shall comply with sub. (1) or (2) no
2later than the 5th business day commencing after receipt of the first contribution by
3such the committee, group or individual exceeding the amount specified under sub.
4(1) or (2) or s. 11.23 (1)
, and before making any disbursement exceeding that amount.
5No committee, group or individual supporting or opposing the election or nomination
6of a candidate at an election
, other than a candidate or agent of a candidate, may
7accept any contribution or contributions exceeding $25, and no group or individual
8subject to registration under s. 11.23 may accept any contribution or contributions
9exceeding $750,
in the aggregate during a calendar year at any time when the
10committee, group or individual is not registered under this section except within the
11initial 5-day period authorized by this paragraph.
SB417, s. 5 12Section 5. 11.07 (1) of the statutes is amended to read:
SB417,4,2513 11.07 (1) Every nonresident committee or group making contributions and
14every nonresident individual, or committee or group making disbursements to
15support or oppose the election or nomination of a candidate at an election
exceeding
16$25 cumulatively in a calendar year within this state, and every nonresident group
17making contributions and every nonresident group or individual making
18disbursements to support or oppose a particular vote at a referendum exceeding $750
19cumulatively in a calendar year
within this state, shall file name, mailing and street
20address and the name and the mailing and street address of a designated agent
21within the state with the office of the secretary of state. An agent may be any adult
22individual who is a resident of this state. After any change in the name or address
23of such agent the new address or name of the successor agent shall be filed within
2430 days. Service of process in any proceeding under this chapter or ch. 12, or service
25of any other notice or demand may be made upon such agent.
SB417, s. 6
1Section 6. 11.23 (1) of the statutes is amended to read:
SB417,5,172 11.23 (1) Any group or individual may promote or oppose a particular vote at
3any referendum in this state. Before making disbursements, receiving contributions
4or incurring
Except as authorized in s. 11.05 (12) (b) and (13), before a group makes
5or accepts contributions, makes disbursements, or incurs
obligations in excess of $25
6$750 in the aggregate in a calendar year for such purposes, and before an individual
7accepts contributions, makes disbursements, or incurs obligations in excess of $750
8in the aggregate in a calendar year for such purposes,
the group or individual shall
9file a registration statement under s. 11.05 (1), (2) or (2r). In the case of a group the
10name and mailing address of each of its officers shall be given in the statement.
11Every group and every individual under this section shall designate a campaign
12depository account under s. 11.14. Every group shall appoint a treasurer, who may
13delegate authority but is jointly responsible for the actions of his or her authorized
14designee for purposes of civil liability under this chapter. The appropriate filing
15officer shall be notified by a group of any change in its treasurer within 10 days of
16the change under s. 11.05 (5). The treasurer of a group shall certify the correctness
17of each statement or report submitted by it under this chapter.
SB417, s. 7 18Section 7. 11.38 (8) (b) of the statutes is amended to read:
SB417,6,619 11.38 (8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
20any disbursement exceeding the amount specified under s. 11.23 (1) on behalf of a
21political group which is promoting or opposing a particular vote at a referendum and
22prior to accepting any contribution or making any disbursement exceeding that
23amount
to promote or oppose a particular vote at a referendum, a corporation or
24association organized under ch. 185 or 193 that becomes subject to a registration
25requirement under s. 11.23 (1)
shall register with the appropriate filing officer

1specified in s. 11.02 and appoint a treasurer. The registration form of the corporation
2or association under s. 11.05 shall designate an account separate from all other
3corporation or association accounts as a campaign depository account, through
4which all moneys received or expended for the adoption or rejection of the
5referendum shall pass. The corporation or association shall file periodic reports
6under s. 11.20 providing the information required under s. 11.06 (1).
SB417,6,77 (End)
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