David P. Buerger
(608) 267-0951
L. Place where comments are to be submitted and deadline for submission:
Written comments on the proposed rule will be accepted and receive consideration if they are received by June 6, 2017. Written comments should be addressed by mail to: David Buerger, P.O. Box 7984, Madison, WI 53707-7984; or by email to: eth.rulecomments@wi.gov. Fiscal Estimate: The creation of this rule does not affect business.
Initial Regulatory Flexibility Analysis: The creation of this rule has no fiscal effect.
Text of Rule
SECTION 1. Chapter ETH 26 is created to read: SETTLEMENT OFFER SCHEDULE
ETH 26.01 Definitions. In this chapter:
(1) “15 day report” means the report referred to in s. 13.67, Stats. (2) “Commission” means the Wisconsin Ethics Commission.
(3) “Continuing report” includes the campaign finance reports due in January and July referred to in ss. 11.0204 (2) (c), (3) (b), (4) (c) and (d), (5) (b) and (c), and (6) (a) and (b); 11.0304 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c); 11.0404 (2) (c) and (d) and (3) (b) and (c); 11.0504 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c); 11.0604 (2) (c), (3) (b), (4) (c) and (d) and (5) (b) and (c); 11.0704 (2), (3) (a), (4) (a) and (b), and (5) (a) and (b); 11.0804 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c); and 11.0904 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), Stats. (4) “Contribution” has the meaning given in s. 11.0101 (8), Stats. (5) “Contributor” means a person or committee who makes a contribution.
(7) “Disbursement” has the meaning given in s.11.0101 (10), Stats.
(10) “Filing fee” means the fee required by s. 11.0102 (2), Stats. (11) “Late contribution” means a contribution or contributions of $1,000 or more cumulatively from a single contributor made later than 15 days prior to a primary or election as described in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats. (12) “Late contribution report” includes the campaign finance reports referred to in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats., that are due no later than 72 hours after receiving a late contribution if the late contribution was not previously included in the registrant’s preprimary or preelection report. (13) “Lobbyist” has the meaning given in s. 13.62 (11), Stats. (15) “Preelection campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (2) (b), (3) (a), (4) (b), and (5) (a); 11.0304 (2) (b), (3) (a), (4) (b), and (5) (a); 11.0404 (2) (b) and (3) (a); 11.0504 (2) (b), (3) (a), (4) (b), and (5) (a); 11.0604 (2) (b), (3) (a), (4) (b), and (5) (a); 11.0804 (2) (b), (3) (a), (4) (b), and (5) (a); and 11.0904 (2) (b), (3) (a), (4) (b), and (5) (a), Stats., that are due no earlier than 14 days and no later than 8 days before an election. (17) “Principal” has the meaning given in s. 13.62 (12), Stats. (18) “Prior offense” means a previous violation of the same provision within the past 3 years.
(19) “Registrant” means an individual or organization registered with the ethics commission.
(21) “Specific express advocacy report” includes the campaign finance reports referred to in ss. 11.0505, 11.0605, and 11.1001, Stats., that are due no later 72 hours after making a disbursement on express advocacy during the period beginning on the day that is 60 days prior to the day of the primary or election and ending on the day of the primary or election. (22) “Statement of economic interests” means a statement of economic interests that an individual is required to file under s. 19.43, Stats. (23) “Statement of lobbying activity and expenditures” means the statement referred to in s. 13.68, Stats. ETH 26.02 Settlement of campaign finance violations.
(1) Failure to timely file a continuing report or September report.
(a) If the commission receives a continuing or September report within 30 days after the due date for that report, the commission may issue a written warning to the registrant.
(b) If the commission receives a continuing or September report within 31 to 60 days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
1. If the registrant has committed no prior offenses, a settlement offer of $100 may be extended.
2. If the registrant has committed a prior offense, a settlement offer of $200 may be extended.
(c) If the commission receives a continuing or September report within 61 to 90 days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
1. If the registrant has committed no prior offenses, a settlement offer of $200 may be extended.
2. If the registrant has committed a prior offense, a settlement offer of $300 may be extended.
(d) If the commission receives a continuing or September report within 91 to 120 days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
