Amendment SSA1-AB494

LRBs0307/1

JTK:jld/wlj/nwn:ph

2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 494

March 5, 2010 - Offered by Committee on Ethics Reform and Government Operations.

AB494-SSA1,1,2 An Act to amend 11.21 (2), 11.21 (16) and 11.31 (6) (a) 9. of the statutes; relating to: electronic filing of campaign finance reports.

Analysis by the Legislative Reference Bureau

Currently, each registrant under the campaign finance law for whom the Government Accountability Board (GAB) serves as filing officer and who or which accepts political contributions in a total amount or value of $20,000 or more during a campaign period, as defined by law, must file reports with GAB in an electronic format. Any registrant who or which is not required to file electronically may elect to do so. GAB is directed to specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement. GAB must provide copies of the software to registrants at a price fixed by GAB that may not exceed cost.

This substitute amendment permits any registrant for whom GAB serves as filing officer to file either electronically or on paper at the registrant's option. The substitute amendment also directs GAB to provide an Internet-based system that registrants may use to file campaign finance reports in an electronic format. The substitute amendment also directs GAB to permit registrants to file campaign finance reports in an electronic format either by using the Internet-based system or by using software that produces a delimited file (such as Microsoft Office Excel software). The substitute amendment directs GAB to specify, by rule, the type of, and specifications for, the delimited file that may be used.

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

AB494-SSA1, s. 1 Section 1. 11.21 (2) of the statutes is amended to read:

AB494-SSA1,2,15 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports filed its most recent report with the board in an electronic format, unless the registrant so requests. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB494-SSA1, s. 2 Section 2. 11.21 (16) of the statutes is amended to read:

AB494-SSA1,3,24 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept Accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the The board shall provide an Internet-based system that registrants may use to file campaign finance reports in an electronic format. The board shall permit registrants to file campaign finance reports in an electronic format either by using the Internet-based system or by using software that produces a delimited file. The board shall specify, by rule, a type of software that is suitable the type of, and specifications for, the delimited file that may be used for compliance with the electronic filing requirement reports electronically under this subsection chapter. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year electronically.

AB494-SSA1, s. 3 Section 3. 11.31 (6) (a) 9. of the statutes is amended to read:

AB494-SSA1,4,3 11.31 (6) (a) 9. The cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement reports electronically under s. 11.21 (16).

AB494-SSA1, s. 4 Section 4. Initial applicability.

AB494-SSA1,4,6 (1) This act first applies with respect to campaign finance reports that become due for filing on the effective date of this subsection.

AB494-SSA1,4,7 (End)