Amendment AP8 SSA1-SB1

SB1-SSA1, s. 209 Section 209. 11.31 (3m) of the statutes is repealed.

SB1-SSA1, s. 210 Section 210. 11.31 (3n) of the statutes is created to read:

SB1-SSA1,103,2 11.31 (3n) Independent disbursements and certain communications; exception. If any registrant or other individual or organization indicates in a statement filed under s. 11.065 an intent to make an expenditure, other than a disbursement, of $500 or more or to incur an obligation of $500 or more that is required to be disclosed under s. 11.065 for the purpose of making a communication which includes the name or likeness of a candidate, or if any registrant who or which is required to file a statement under s. 11.06 (7) (a) indicates an intent to make a disbursement or to incur an obligation for the purpose of making a communication which includes the name or likeness of a candidate, and the communication has the purpose or effect of opposing a candidate's candidacy or supporting his or her opponent, and the total of the expenditures and disbursements made or to be made and obligations incurred or to be incurred to oppose that candidate's candidacy or to support his or her opponent, excluding expenditures or disbursements attributable to obligations previously incurred, by all such individuals, organizations and registrants in the aggregate exceed and amount equal to 10% of the limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that candidate during any campaign, the limitation prescribed under sub. (2) does not apply to that candidate after the date on which those expenditures, disbursements and obligations exceed that amount.

SB1-SSA1, s. 211 Section 211. 11.31 (4) of the statutes is repealed.

SB1-SSA1, s. 212 Section 212. 11.31 (7) (a) of the statutes is amended to read:

SB1-SSA1,103,17 11.31 (7) (a) For purposes of this section, except as provided in pars. (b) and (c), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the an election or primary is held at which a candidate seeks office. If a candidate seeks office at both a primary election and at a general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the general or spring election. If a candidate seeks office at a primary election but not at the general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the primary election.

SB1-SSA1, s. 213 Section 213. 11.31 (7) (c) and (d) of the statutes are amended to read:

SB1-SSA1,103,21 11.31 (7) (c) Disbursements which are made after a campaign the period specified in par. (a) to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.

SB1-SSA1,103,24 (d) Disbursements which are made outside a campaign the period specified in par. (a) and to which par. (b) or (c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to s. 11.25 (2).

SB1-SSA1, s. 214 Section 214. 11.31 (9) of the statutes is created to read:

SB1-SSA1,104,1 11.31 (9) Adjustment of disbursement levels. (a) In this subsection:

SB1-SSA1,104,4 1. "Consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB1-SSA1,104,7 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

SB1-SSA1,104,25 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1997. The board shall then calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 1997. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency.

SB1-SSA1, s. 215 Section 215. 11.38 (title), (1) (a) and (2) (b) of the statutes are amended to read:

SB1-SSA1,105,7 11.38 (title) Contributions and disbursements by corporations, cooperatives and labor organizations. (1) (a) 1. No foreign or domestic corporation, or association organized under ch. 185 or labor organization, may make any contribution or disbursement, directly or indirectly, either independently or through any political party, committee, group, candidate or individual for any purpose other than to promote or defeat a referendum.

SB1-SSA1,105,24 2. Notwithstanding subd. 1., any such corporation or , association or labor organization may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or, association or labor organization, for the purpose of supporting or opposing any candidate for state or local office but the corporation or , association or labor organization may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or, association or labor organization engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation, association or labor organization not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8) and in the manner provided under s. 11.21 (16), if applicable.

SB1-SSA1,106,3 3. No corporation or, association or labor organization specified in subd. 1. may expend more than a combined total of $500 annually for solicitation of contributions to a fund established under subd. 2. or to a conduit.

SB1-SSA1,106,8 (2) (b) This section does not prohibit the publication of periodicals by a corporation or a, cooperative or labor organization in the regular course of its affairs which advise the members, shareholders or subscribers of the disadvantages or advantages to their interests of the election to office of persons espousing certain measures, without reporting such activity.

SB1-SSA1, s. 216 Section 216. 11.38 (2) (c) of the statutes is repealed.

SB1-SSA1, s. 217 Section 217. 11.38 (3) to (5) of the statutes are amended to read:

SB1-SSA1,106,13 11.38 (3) A violation of this section by an officer or employe of a corporation, association or labor organization is prima facie evidence of a violation by the corporation.

SB1-SSA1,106,15 (4) Any corporation, association or labor organization which violates this section shall forfeit double the amount of any penalty assessed under s. 11.60 (3).

SB1-SSA1,106,21 (5) An action against a corporation, association or labor organization pursuant to a violation of this section may be brought either in the circuit court for the county in which the registered office or principal place of business of the corporation, association or labor organization is located, or in the circuit court for the county in which the violation is alleged to have occurred. The proceedings may be brought by the district attorney of either such county, by the attorney general or by the board.

SB1-SSA1, s. 218 Section 218. 11.38 (8) of the statutes is amended to read:

SB1-SSA1,107,2 11.38 (8) (a) A corporation or, association organized under ch. 185 or labor organization which accepts contributions or makes disbursements for the purpose of influencing the outcome of a referendum is a political group and shall comply with s. 11.23 and other applicable provisions of this chapter.

SB1-SSA1,107,15 (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 or labor organization shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or , association or labor organization under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or, association or labor organization shall file periodic reports under s. 11.20 and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).

SB1-SSA1,107,18 (c) Expenditures by a corporation or, association or labor organization to establish and administer a campaign depository account of a political group need not be made through the depository account and need not be reported.

SB1-SSA1, s. 219 Section 219. 11.387 of the statutes is created to read:

SB1-SSA1,107,20 11.387 Election reports by labor organizations. (1) In this section:

SB1-SSA1,107,21 (a) "Administrative action" means any action by an agency.

SB1-SSA1,107,23 (b) "Agency" means executive or administrative agency of any local or state government or the federal government.

SB1-SSA1,108,2 (c) "Agency official" means any official, employe, member or consultant of any agency who as part of such person's official responsibilities participates in any administrative action in other than a solely clerical, secretarial or ministerial capacity.

SB1-SSA1,108,6 (d) "Election-related activity" means the making of any expenditure, other than a disbursement, for the purpose of publishing, broadcasting or disseminating a communication which includes the name or likeness of a candidate for national, state or local office or of an elected official.

SB1-SSA1,108,8 (e) "Labor organization" means any labor organization which represents more than 10 individuals who are employed in this state.

SB1-SSA1,108,10 (f) "Legislative action" means any action by any legislative body of any local or state government or the federal government.

SB1-SSA1,108,12 (g) "Legislative employe" means any official or employe of any legislative body of any local or state government or the federal government.

SB1-SSA1,108,13 (h) "Lobbying" includes any of the following:

SB1-SSA1,108,16 1. Any attempt to influence legislative or administrative action by oral or written communication with any elected official, agency official or legislative employe and includes time spent in preparation for such communication.

SB1-SSA1,108,19 2. Appearances at public hearings or meetings of any governmental body or service on any governmental body, including time spent in preparation for such appearances or service.

SB1-SSA1,108,20 (i) "Political activities" includes any of the following:

SB1-SSA1,108,21 1. Contributions, disbursements, voter surveys and election-related activities.

SB1-SSA1,108,23 2. Any administrative or other activity related to any contribution, disbursement, voter survey, election-related activity or conduit.

SB1-SSA1,108,25 3. Any activity related to endorsement of candidates for national, state or local office.

SB1-SSA1,109,1 4. Any other activity designed to affect the outcome of any election.

SB1-SSA1,109,2 (j) 1. "Voter education and issue advocacy" includes any of the following:

SB1-SSA1,109,3 a. A communication concerning any issue.

SB1-SSA1,109,4 b. An activity related to voter participation in any election.

SB1-SSA1,109,6 2. "Voter education and issue advocacy" does not include any activity that is a political activity or is a lobbying activity.

SB1-SSA1,109,7 (k) "Voter survey" has the meaning given in s. 11.06 (12) (a) 4.

SB1-SSA1,109,10 (2) Each labor organization shall, no later than March 1 of each year, file with the board a copy of its most recent report which the organization filed under 29 USC 431 with the U.S. secretary of labor, if the organization is required to file that report.

SB1-SSA1,109,13 (3) Each labor organization shall, no later than March 1 of each year and concurrently with its filing under sub. (2), if required, file with the board an election report containing the following information:

SB1-SSA1,109,15 (a) The amount expended and percentage of the total amount expended by the labor organization in the preceding year for:

SB1-SSA1,109,16 1. Contract negotiation.

SB1-SSA1,109,17 2. Organization activities.

SB1-SSA1,109,18 3. Strike activities.

SB1-SSA1,109,19 4. Political activities.

SB1-SSA1,109,20 5. Lobbying.

SB1-SSA1,109,21 6. Voter education and issue advocacy.

SB1-SSA1,109,24 (b) The name and address of each officer, employe or agent performing any activity described in par. (a) during the preceding year and the activity performed by that person.

SB1-SSA1,110,3 (c) The name of each candidate for public office, and each political, charitable or community organization to which the labor organization contributed any money during the preceding year and the amount contributed.

SB1-SSA1,110,6 (d) The name and address of any political committee with which the labor organization is affiliated and the amount contributed by the organization to that committee in the preceding year.

SB1-SSA1,110,9 (4) Each labor organization which files a report under this section shall make the report available to each member of the organization for inspection during its regular business hours.

SB1-SSA1,110,12 (5) Each labor organization which is required to file a report under sub. (3) shall maintain records of all information required to be included in the report for a period of 3 years from the date that the report is due for filing under sub. (3).

SB1-SSA1,110,15 (6) If any labor organization fails to comply with this section, any person may petition the circuit court for the county where the organization maintains its principal office or records for a writ of mandamus to compel compliance.

SB1-SSA1,110,18 (7) Except as provided in par. (b), any labor organization which violates this section may be required to forfeit not more than $100. Each day of continued violation constitutes a separate offense.

SB1-SSA1,110,20 (b) Any labor organization which files a report under sub. (3) which contains false information may be required to forfeit not more than $1,000.

SB1-SSA1, s. 220 Section 220. 11.50 (title) of the statutes is amended to read:

SB1-SSA1,110,22 11.50 (title) Wisconsin clean election campaign fund system.

SB1-SSA1, s. 221 Section 221. 11.50 (1) (b) of the statutes is amended to read:

SB1-SSA1,110,24 11.50 (1) (b) "Fund" means the Wisconsin clean election campaign system fund.

SB1-SSA1, s. 222 Section 222. 11.50 (2) (a) of the statutes is amended to read:

SB1-SSA1,111,17 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the applicable contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31, as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) or s. 11.26 (10m) or 11.31 (3n) applies.

SB1-SSA1, s. 223 Section 223. 11.50 (2) (b) 5. of the statutes is amended to read:

SB1-SSA1,112,18 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), from contributions of money, other than loans, made by individuals who reside in this state and in the case of a candidate for legislative office by individuals who reside in a county having territory within the legislative district in which the candidate seeks office, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.

SB1-SSA1, s. 224 Section 224. 11.50 (2) (g) of the statutes is amended to read:

SB1-SSA1,113,4 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the applicable contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.26 (10m) or 11.31 (3n) applies.

SB1-SSA1, s. 225 Section 225. 11.50 (2) (i) of the statutes is amended to read:

SB1-SSA1,113,18 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate for an office at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same that office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations limitation prescribed in s. 11.26 (10) and the disbursement limitation prescribed imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB1-SSA1, s. 226 Section 226. 11.50 (2m) of the statutes is created to read:

SB1-SSA1,114,2 11.50 (2m) Public information. Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 10% of the amount transferred to the fund under s. 20.855 (4) (b) in that year, but not more than $30,000, shall be placed in a public information account. Moneys in this account shall be expended as directed by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section. Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB1-SSA1, s. 227 Section 227. 11.50 (3) (a) (intro.) of the statutes is amended to read:

SB1-SSA1,114,6 11.50 (3) (a) (intro.) Annually on August 15, Immediately after any transfer under sub. (2m), the state treasurer shall annually apportion all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

SB1-SSA1, s. 228 Section 228. 11.50 (3) (a) 1. of the statutes is amended to read:

SB1-SSA1,114,13 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in a superintendency account. From this account, an equal amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a), shall be disbursed to the campaign depository account of utilized to provide a grant to each eligible candidate by the state treasurer for state superintendent.

SB1-SSA1, s. 229 Section 229. 11.50 (3) (a) 2. of the statutes is amended to read:

SB1-SSA1,114,19 11.50 (3) (a) 2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a), shall be disbursed to the campaign depository account of utilized to provide a grant to each eligible candidate by the state treasurer for justice.

SB1-SSA1, s. 230 Section 230. 11.50 (4) (b) of the statutes is amended to read:

SB1-SSA1,115,2 11.50 (4) (b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. Each account shall be utilized to provide a grant to each eligible candidate for the office for which the account is established, in an amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a). The apportionment of moneys in the executive campaign account shall be made as follows: