Amendment SSA2-SB190

LRBs0400/1

JTK&JK:cmh:hmh

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1999 SENATE BILL 190

March 14, 2000 - Offered by Senators Clausing and Burke.

SB190-SSA2,2,12 An Act to repeal 11.01 (5m), 11.01 (12s), 11.05 (3) (o), 11.05 (9) (b), 11.06 (3) (b), 11.06 (11), 11.24 (1m), 11.26 (9) (c), 11.26 (12m), 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 11.05 (9) (a); to renumber and amend 11.12 (6), 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., 11.05 (3) (c), 11.05 (3) (n), 11.05 (7), 11.06 (1) (intro.), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.09 (3), 11.12 (4), 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), 11.26 (1) (b), 11.26 (1) (c), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (4), 11.26 (8), 11.26 (9) (a), 11.26 (9) (b), 11.26 (10), 11.26 (13), 11.26 (17) (a), 11.31 (1) (a), 11.31 (1) (c), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2), 11.38 (1) (a) 3., 11.50 (title), 11.50 (1) (b), 11.50 (2) (a), 11.50 (2) (b) (intro.), 11.50 (2) (b) 1. to 3., 11.50 (2) (b) 4., 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), 25.42 and chapter 77 (title); to repeal and recreate 11.50 (4); and to create 11.05 (3) (q), 11.05 (7m), 11.05 (14), 11.12 (6) (c) and (d), 11.12 (7), 11.12 (8), 11.20 (2e), 11.20 (8) (am), 11.20 (8) (an), 11.24 (1s), 11.24 (1t), 11.24 (1w), 11.26 (1m), 11.26 (10a), 11.31 (1) (cm), 11.31 (3p), 11.31 (9), 11.50 (2) (b) 3m., 11.50 (2) (b) 3s., 11.50 (2) (b) 5. a. to f., 11.50 (2) (bm), 11.50 (9) (a) 1. to 6., 11.50 (9) (b), 11.50 (9) (ba), 11.50 (9a), 11.60 (3s) and (3t), 11.61 (1) (d), 20.855 (4) (ba), 20.855 (4) (bb) and subchapter XIII of chapter 77 [precedes 77.997] of the statutes; relating to: campaign financing, imposition of a lobbying expenditure tax, 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-SSA2, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

SB190-SSA2,2,19 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-SSA2, s. 2 Section 2. 5.02 (18) of the statutes is amended to read:

SB190-SSA2,3,2 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-SSA2, s. 3 Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB190-SSA2,3,14 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) or (ba) 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-SSA2,4,2 (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) or (ba) 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-SSA2, s. 4 Section 4. 8.35 (4) (b) of the statutes is amended to read:

SB190-SSA2,4,10 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-SSA2, s. 5 Section 5. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB190-SSA2,4,21 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-SSA2, s. 6 Section 6. 11.01 (5m) of the statutes is repealed.

SB190-SSA2, s. 7 Section 7. 11.01 (12s) of the statutes is repealed.

SB190-SSA2, s. 8 Section 8. 11.05 (3) (c) of the statutes is amended to read:

SB190-SSA2,5,4 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-SSA2, s. 9 Section 9. 11.05 (3) (n) of the statutes is amended to read:

SB190-SSA2,5,9 11.05 (3) (n) In the case of a labor organization, or separate segregated fund under s. 11.38 (1) (a) 2. or conduit established by a labor organization, a statement as to whether the organization is incorporated, and if so, the date of incorporation and whether or not such incorporation is under ch. 181.

SB190-SSA2, s. 10 Section 10. 11.05 (3) (o) of the statutes is repealed.

SB190-SSA2, s. 11 Section 11. 11.05 (3) (q) of the statutes is created to read:

SB190-SSA2,5,20 11.05 (3) (q) In the case of a registrant who or which does not maintain a street address within this state, a report providing the information specified by the board for the portion of the year in which the registrant initially files a statement under this section before filing that statement and the one-year period preceding the beginning of that year, plus any additional period required under sub. (7m) to enable the registrant to make a contribution or disbursement from the property or funds. The report required under this paragraph may be filed no later than 10 days following the remainder of a statement filed under this section. A registration lapses if the report required under this paragraph is not filed in a timely manner.

SB190-SSA2, s. 12 Section 12. 11.05 (7) of the statutes is amended to read:

SB190-SSA2,6,7 11.05 (7) Change in status of new registrant. Notwithstanding sub. (6) Except as provided in sub. (7m), any individual or organization who or which has received property or funds which were not intended for political purposes in connection with an election for state or local office at the time of receipt may make contributions or disbursements from such property or funds in connection with an election for state or local office if the individual or organization complies with applicable provisions of sub. (1), (2) or (2g) as soon as such intent changes. For purposes of s. 11.06 (1), all property or funds which are in a registrant's the possession of such an individual or organization on the date of registration under this section shall be treated as received on the date that such intent changes so that the property or funds are to be used for political purposes in connection with an election for state or local office.

SB190-SSA2, s. 13 Section 13. 11.05 (7m) of the statutes is created to read:

SB190-SSA2,6,23 11.05 (7m) Nonresident registrants; additional information. If a registrant who or which does not maintain a street address in this state has property or funds in the possession of the registrant on the date of registration from which the registrant wishes to make a contribution or disbursement, the registrant may make a contribution or disbursement from the property or funds to the extent permitted under this chapter if the registrant obtained the property or funds from sources and in amounts that were lawful under this chapter at the time that the property or funds were received by the registrant, and the registrant reports to the appropriate filing officer the information specified by the board under sub. (3) (q) with respect to the property or funds prior to making any contribution or disbursement from the property or funds. For purposes of determining the source of property or funds in the possession of a registrant at the time of registration under this subsection, the property and funds in the possession of a registrant shall be allocated to the sources from which the registrant received property and funds in the inverse order in which the property and funds were chronologically received.

SB190-SSA2, s. 14 Section 14. 11.05 (9) (a) of the statutes is renumbered 11.05 (9).

SB190-SSA2, s. 15 Section 15. 11.05 (9) (b) of the statutes is repealed.

SB190-SSA2, s. 16 Section 16. 11.05 (14) of the statutes is created to read:

SB190-SSA2,7,12 11.05 (14) Presumption concerning certain communications. Whenever any person publishes, disseminates or broadcasts, or causes to be published, disseminated or broadcast, any communication that includes a reference to a clearly identified candidate for an office to be filled at a general, spring or special election, during the 60-day period preceding that election or during the 30-day period preceding any primary for that election, and the communication is substantially directed toward the electorate at that election, it is presumed that the communication is made for the purpose of influencing the election or nomination for election of that candidate, unless the person making the communication or causing the communication to be made establishes, by a preponderance of the evidence, that the communication was not made for that purpose.

SB190-SSA2, s. 17 Section 17. 11.06 (1) (intro.) of the statutes is amended to read:

SB190-SSA2,7,20 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB190-SSA2, s. 18 Section 18. 11.06 (2) of the statutes is amended to read:

SB190-SSA2,8,7 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 is incurred for the purpose of making a communication specified in s. 11.05 (14). 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-SSA2, s. 19 Section 19. 11.06 (3) (b) of the statutes is repealed.

SB190-SSA2, s. 20 Section 20. 11.06 (7m) (a) of the statutes is amended to read:

SB190-SSA2,8,24 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-SSA2, s. 21 Section 21. 11.06 (7m) (c) of the statutes is amended to read:

SB190-SSA2,9,7 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-SSA2, s. 22 Section 22. 11.06 (11) of the statutes is repealed.

SB190-SSA2, s. 23 Section 23. 11.09 (3) of the statutes is amended to read:

SB190-SSA2,9,20 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) and (4) for the filing of each report with the board.

SB190-SSA2, s. 24 Section 24. 11.12 (4) of the statutes is amended to read:

SB190-SSA2,9,24 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20, and if the registrant files reports under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

SB190-SSA2, s. 25 Section 25. 11.12 (5) of the statutes is amended to read:

SB190-SSA2,10,15 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-SSA2, s. 26 Section 26. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB190-SSA2,11,10 11.12 (6) (a) 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. A committee that files a report pertaining to a disbursement under par. (c) is not required to file a report pertaining to the same disbursement under this paragraph.

SB190-SSA2, s. 27 Section 27. 11.12 (6) (c) and (d) of the statutes are created to read:

SB190-SSA2,11,24 11.12 (6) (c) 1. If any committee identified under s. 11.05 (3) (c) intends to make any disbursement or to 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), 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, no later than 21 days prior to the activity intended to be funded by the disbursement or obligation, report to the board 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 disbursements to be made and obligations to be incurred for such a purpose in support or opposition to that candidate.

SB190-SSA2,12,13 2. If any committee identified under s. 11.05 (3) (c) makes any disbursement or incurs 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, no later than 24 hours after making the disbursement or incurring the obligation, report to the board, 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 disbursements made and obligations incurred for such a purpose in support of or opposition to that candidate.

SB190-SSA2,12,16 3. A committee which files a report under this paragraph concerning a proposed disbursement is not required to file a report pertaining to the same disbursement under par. (a).

SB190-SSA2,12,18 (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-SSA2, s. 28 Section 28. 11.12 (7) of the statutes is created to read:

SB190-SSA2,13,2 11.12 (7) (a) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) does not accept a grant under s. 11.50, that candidate or the candidate's personal campaign committee shall report to the board the information specified in s. 11.06 (1) pertaining to all contributions received from individuals no later than 24 hours after receipt of any contribution, in such manner as the board may prescribe, if the candidate or personal campaign committee receives, during the campaign of that candidate, as defined in s. 11.26 (17), total contributions that equal more than the following amount or value, as adjusted under par. (d):

SB190-SSA2,13,4 1. For candidates for the offices of governor and lieutenant governor jointly, $2,000,000 from all individuals.

SB190-SSA2,13,6 2. For a candidate for the office of attorney general, $600,000 from all individuals.

SB190-SSA2,13,7 3. For a candidate for the office of justice, $300,000 from all individuals.

SB190-SSA2,13,9 4. For a candidate for the office of secretary of state, state treasurer or state superintendent, $200,000 from all individuals.

SB190-SSA2,13,10 5. For a candidate for the office of state senator, $70,000 from all individuals.

SB190-SSA2,13,12 6. For a candidate for the office of representative to the assembly, $35,000 from all individuals.

SB190-SSA2,13,17 (am) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f) does not accept a grant under s. 11.50, that candidate or the candidate's personal campaign committee shall report to the board the information specified in s. 11.06 (1) pertaining to all contributions received from committees no later than 24 hours after receipt of any contribution, in such manner as the board may prescribe.