Amendment SSA1-SB190

LRBs0406/1

JTK&JK:cmh:jf

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 190

March 14, 2000 - Offered by Senators Ellis, Panzer, Rude and Farrow.

SB190-SSA1,2,8 An Act to repeal 11.01 (12s), 11.05 (3) (o), 11.26 (9) (c), 11.265, 11.31 (1) (b), 11.31 (2m), 11.31 (3), 11.31 (3m), 11.31 (4), 11.50 (2) (i), 11.50 (3), 11.50 (6), 20.855 (4) (b) and 71.10 (3); to renumber and amend 11.12 (6), 11.26 (9) (a), 11.26 (10), 11.50 (2) (b) 5. and 11.50 (9); to amend 5.02 (13), 5.02 (18), 7.08 (2) (c) and (cm), 8.35 (4) (b), 10.02 (3) (b) 2m., 11.01 (5m), 11.05 (3) (c), 11.05 (9) (b), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.09 (3), 11.12 (5), 11.16 (5), 11.20 (2m), 11.20 (3) (d), 11.20 (3) (g), 11.20 (8) (intro.), 11.20 (12), 11.21 (15), 11.26 (1) (intro.), 11.26 (1) (a), (b) and (c), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (4), 11.26 (8), 11.26 (9) (b), 11.26 (13), 11.26 (17) (a), 11.31 (1) (a), 11.31 (1) (c) and (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (7) (a), 11.50 (title), 11.50 (1) (b), 11.50 (2) (a), 11.50 (2) (b) (intro.), 11.50 (2) (g), 11.50 (5), 11.50 (9) (title), 11.50 (11) (e), 11.61 (1) (a), 11.61 (1) (b), 11.61 (1) (c), 14.58 (20), 20.510 (1) (q), 25.17 (1) (ys) and 25.42; to repeal and recreate 11.50 (4); and to create 11.01 (16) (a) 3., 11.05 (3) (d), 11.12 (6) (b) to (e), 11.12 (7), 11.20 (2e), 11.20 (2s), 11.20 (2t), 11.20 (8) (ak) and (aL), 11.20 (8) (am), 11.20 (8) (an), 11.24 (1t), 11.24 (1w), 11.26 (1m), 11.26 (9) (a) 1. to 5., 11.26 (9) (aa), 11.26 (9) (am), 11.26 (10) (b), 11.26 (10a), 11.31 (3p), 11.31 (7) (e), 11.31 (9), 11.50 (2) (b) 5. a. to e., 11.50 (2) (bm), 11.50 (9) (a) 1. to 5., 11.50 (9) (b), 11.50 (9) (ba), 11.50 (9) (bb), 11.50 (9) (bc), 11.50 (9a), 11.60 (3s) and (3t), 11.61 (1) (d), 11.62 and 20.855 (4) (bb) of the statutes; relating to: campaign financing, providing exemptions from emergency rule procedures, granting rule-making authority, making appropriations and providing penalties.

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

SB190-SSA1, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

SB190-SSA1,2,15 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

SB190-SSA1, s. 2 Section 2. 5.02 (18) of the statutes is amended to read:

SB190-SSA1,2,20 5.02 (18) "September primary" means the primary held the 2nd Tuesday in September to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign clean government fund.

SB190-SSA1, s. 3 Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB190-SSA1,3,9 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be is eligible to receive payments from the Wisconsin election campaign clean government fund. The board shall also transmit a similar list of candidates who the board determines is eligible to receive a grant under s. 11.50 (9) (b), (ba), (bb) or (bc) within 3 days after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

SB190-SSA1,3,21 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be is eligible to receive a grant from the Wisconsin election campaign clean government fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom who the board determines to be is eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The or a grant under s. 11.50 (9) (b), (ba), (bb) or (bc) within 3 days after any candidate qualifies to receive such a grant. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

SB190-SSA1, s. 4 Section 4. 8.35 (4) (b) of the statutes is amended to read:

SB190-SSA1,4,4 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign clean government fund shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).

SB190-SSA1, s. 5 Section 5. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB190-SSA1,4,15 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross [8] in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign clean government fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

SB190-SSA1, s. 6 Section 6. 11.01 (5m) of the statutes is amended to read:

SB190-SSA1,4,21 11.01 (5m) "Conduit" means an individual who or an organization a committee which receives a contribution of money and transfers the contribution to another individual or organization committee without exercising discretion as to the amount which is transferred and the individual to whom or organization committee to which the transfer is made.

SB190-SSA1, s. 7 Section 7. 11.01 (12s) of the statutes is repealed.

SB190-SSA1, s. 8 Section 8. 11.01 (16) (a) 3. of the statutes is created to read:

SB190-SSA1,5,4 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, an office to be filled at that election or a political party.

SB190-SSA1, s. 9 Section 9. 11.05 (3) (c) of the statutes is amended to read:

SB190-SSA1,5,9 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.

SB190-SSA1, s. 10 Section 10. 11.05 (3) (d) of the statutes is created to read:

SB190-SSA1,5,11 11.05 (3) (d) An indication of whether the proposed registrant is a conduit.

SB190-SSA1, s. 11 Section 11. 11.05 (3) (o) of the statutes is repealed.

SB190-SSA1, s. 12 Section 12. 11.05 (9) (b) of the statutes is amended to read:

SB190-SSA1,5,19 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee or group while acting as a conduit is not subject to registration under this section unless the individual, committee or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party or support committee.

SB190-SSA1, s. 13 Section 13. 11.06 (2) of the statutes is amended to read:

SB190-SSA1,6,6 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum or if the disbursement is made or the obligation incurred for a purpose is specified in s. 11.01 (16) (a) 3. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB190-SSA1, s. 14 Section 14. 11.06 (7m) (a) of the statutes is amended to read:

SB190-SSA1,6,22 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB190-SSA1, s. 15 Section 15. 11.06 (7m) (c) of the statutes is amended to read:

SB190-SSA1,7,5 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB190-SSA1, s. 16 Section 16. 11.09 (3) of the statutes is amended to read:

SB190-SSA1,7,17 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the applicable dates specified under s. 11.20 (2), (2e), (2m), (2s), (2t) and (4) for the filing of each report with the board.

SB190-SSA1, s. 17 Section 17. 11.12 (5) of the statutes is amended to read:

SB190-SSA1,8,5 11.12 (5) If Except as otherwise required under sub. (7), if any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election such that it is not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preprimary or preelection report, and ending with the day before the primary or election need be reported.

SB190-SSA1, s. 18 Section 18. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB190-SSA1,8,24 11.12 (6) (a) If Except as provided in par. (b), if any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made.

SB190-SSA1, s. 19 Section 19. 11.12 (6) (b) to (e) of the statutes are created to read:

SB190-SSA1,9,9 11.12 (6) (b) 1. If any conduit has accepted or intends to accept any contribution to be transferred to a candidate or personal campaign committee of a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) at the general or a special election, or to any such candidate who seeks a nomination for such an office at a primary election, the conduit shall report to the board at the times specified in s. 11.20 (2s), in such manner as the board may prescribe, the name of each candidate or personal campaign committee to whom the conduit intends to transfer one or more contributions during the 21-day period following the date on which the report is due to be filed and the amount to be transferred to that candidate or committee.

SB190-SSA1,9,14 2. A conduit who or which is required to file reports under this paragraph shall also report to the board, at the times specified in s. 11.20 (2t), in such manner as the board may prescribe, the name of each candidate or personal campaign committee to whom the conduit transferred one or more contributions during the 21-day period ending on each date specified in s. 11.20 (2t) and the date and amount of that transfer.

SB190-SSA1,9,25 (c) 1. If any committee identified under s. 11.05 (3) (c), other than a conduit, intends to receive any contribution, make any disbursement or incur any obligation to make a disbursement for the purpose of advocating the election or defeat of a clearly identified candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) at the general or a special election, or any such candidate who seeks a nomination for such an office at a primary election, without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the committee shall report to the board at the times specified in s. 11.20 (2s), in such manner as the board may prescribe, the name of each candidate who is supported or whose opponent is opposed and the total amount of contributions to be received, disbursements to be made and obligations to be incurred for such a purpose in support or opposition to that candidate during the 21-day period following the date on which the report is due to be filed.

SB190-SSA1,10,11 2. A committee which is required to file reports under this paragraph shall also report to the board, at the times specified in s. 11.20 (2t), in such manner as the board may prescribe, the amount and date of each contribution received, disbursement made or obligation incurred for the purpose of advocating the election or defeat of a candidate specified in this paragraph in the manner specified in this paragraph, and the name of the candidate in support of or in opposition to whom the contribution was received, disbursement made or obligation incurred, during the 21-day period ending on each date specified in s. 11.20 (2t).

SB190-SSA1,10,14 3. A committee which files a report under this paragraph concerning a disbursement is not required to file a report pertaining to the same disbursement under par. (a).

SB190-SSA1,10,16 (d) All information reported by a registrant under this subsection shall also be included in the next regular report of the registrant under s. 11.20.

SB190-SSA1,11,2 (e) 1. If any committee identified in s. 11.05 (3) (c), other than a conduit, intends to make one or more contributions to a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) at the general or a special election, or to any such candidate who seeks a nomination for such an office at a primary election, or to the personal campaign committee of any such candidate, the committee shall report to the board at the times specified in s. 11.20 (2s), in such manner as the board may prescribe, the name of each candidate or personal campaign committee to whom the committee intends to make one or more contributions during the 21-day period following the date on which the report is due to be filed and the amount or value of the contributions to be made to that candidate or committee.

SB190-SSA1,11,8 2. A committee who or which is required to file reports under this paragraph shall also report to the board, at the times specified in s. 11.20 (2t), in such manner as the board may prescribe, the name of each candidate or personal campaign committee to whom the committee made one or more contributions during the 21-day period ending on each date specified in s. 11.20 (2t) and the date and amount or value of that contribution.