LRBb1404/1
ALL:cjs&kjf:jf
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 4,
TO 2011 ASSEMBLY BILL 40
June 16, 2011 - Offered by Senators
C. Larson, Risser, S. Coggs, Holperin, Taylor,
Erpenbach, Hansen, Miller, Wirch, T. Cullen, Vinehout, Carpenter, Jauch
and Lassa.
AB40-SA4,1,21
At the locations indicated, amend the
bill, as shown by assembly substitute
2amendment 1, as follows:
AB40-SA4,1,4
4"
Section 11b. 11.001 (1m) of the statutes is created to read:
AB40-SA4,1,115
11.001
(1m) The legislature finds and declares that the function of judges and
6justices, who must independently apply the law, is fundamentally distinct from that
7of elective legislative and executive branch officials who take positions on issues that
8are influenced by, and represent the will of, their constituencies. The legislature
9therefore finds that because it is improper for a mass communication to seek to
10persuade a judge or justice to take a position on an issue, any such communication
11should be deemed to have been made for a political purpose.
AB40-SA4,2,5
111.01
(12v) "Mass communication" means a message that is disseminated by
2means of one or more communications media, a mass electronic communication, a
3mass distribution, or a mass telephoning, but not including a bona fide poll
4conducted for the purpose of objectively identifying or collecting data concerning the
5attitudes or preferences of electors.
AB40-SA4,2,87
11.01
(12w) "Mass distribution" means the distribution of 50 or more pieces of
8substantially identical material.
AB40-SA4,2,1210
11.01
(13) "Mass electronic communication" means the transmission of 50 or
11more pieces of substantially identical material by means of electronic mail or
12facsimile transmission.
AB40-SA4,2,1514
11.01
(14) "Mass telephoning" means the making of 50 or more telephone calls
15conveying a substantially identical message.
AB40-SA4, s. 11bf
16Section 11bf. 11.01 (16) (a) 3. of the statutes is created to read:
AB40-SA4,2,2317
11.01
(16) (a) 3. A mass communication, other than a communication that is
18exempt from reporting under s. 11.29, that is made during the period beginning on
19the 60th day preceding an election and ending on the date of that election, and that
20includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50
21(1) (d) to appear on the ballot at that election, a reference to an office to be filled at
22that election, or a reference to a political party under whose name the names of one
23or more candidates appear on the ballot at that election.
AB40-SA4, s. 11bg
24Section 11bg. 11.01 (16) (a) 4. of the statutes is created to read:
AB40-SA4,3,4
111.01
(16) (a) 4. A mass communication that refers to a judicial office and either
2focuses on and takes a position for or against a judicial candidate's position on an
3issue or takes a position on that judicial candidate's character, qualifications, or
4fitness for office.
AB40-SA4,3,106
11.05
(3) (s) In the case of a registrant that has made a mass communication
7identified in s. 11.01 (16) (a) 3. or 4., a report containing the information specified in
8s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any
9disbursement made for the purpose of making such a communication prior to
10registration.".
AB40-SA4,3,12
12"
Section 11d. 11.06 (2) of the statutes is amended to read:
AB40-SA4,3,2313
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
14sub. (1), if a disbursement is made or obligation incurred by an individual other than
15a candidate or by a committee or group which is not primarily organized for political
16purposes,
and the disbursement does not constitute a contribution to any candidate
17or other individual, committee
, or group,
and the disbursement is not made or the
18obligation is not incurred for the purpose of making a mass communication specified
19in s. 11.01 (16) (a) 3., the disbursement or obligation is required to be reported only
20if the purpose is to expressly advocate the election or defeat of a clearly identified
21candidate or the adoption or rejection of a referendum. The exemption provided by
22this subsection shall in no case be construed to apply to a political party, legislative
23campaign, personal campaign
, or support committee.".
AB40-SA4,4,1
1"
Section 11k. 11.12 (7) of the statutes is created to read:
AB40-SA4,4,222
11.12
(7) If any registrant makes or incurs an obligation to make a
3disbursement of more than $500 cumulatively for the purpose of making a
4communication specified in s. 11.02 (16) (a) 3. or 4. later than 60 days prior to a
5primary or other election without cooperation or consultation with any candidate or
6agent or authorized committee of any candidate who is supported or opposed, and not
7in concert with or at the request or suggestion of any such candidate, agent, or
8committee, the registrant shall, within 24 hours after making the disbursement or
9incurring the obligation to make the disbursement, inform the appropriate filing
10officer of the information required under s. 11.06 (1) in such manner as the board may
11prescribe. The registrant shall also include the information in the next regular
12report of the registrant under s. 11.20. For purposes of this subsection,
13disbursements and obligations cumulate beginning with the day after the last date
14covered on the registrant's immediately preceding report and ending with the day
15before the election. If a registrant has not filed a previous report, disbursements and
16obligations cumulate beginning on the date of the registrant's registration. A
17disbursement that was previously reported in a report under this subsection as
18obligated to be made shall not be included in the cumulative total. Upon receipt of
19a report under this subsection, the filing officer shall, within 24 hours of receipt,
20transmit a copy of the report to all candidates for any office in support of or opposition
21to one of whom a disbursement identified in the report is made or obligated to be
22made.".
AB40-SA4,4,24
24"
Section 19m. 13.099 (1) (a) of the statutes is amended to read:
AB40-SA4,5,2
113.099
(1) (a)
"Department"
"Authority" means the department of
commerce 2Wisconsin Housing Economic Development Authority.".
AB40-SA4,5,7
7"
Section 22m. 13.099 (2) (b) of the statutes is amended to read:
AB40-SA4,5,128
13.099
(2) (b) A bill that requires a report by the
department authority under
9this section shall have that requirement noted on its jacket when the jacket is
10prepared. When a bill that requires a report under this section is introduced, the
11legislative reference bureau shall submit a copy of the bill to the
department 12authority.
AB40-SA4, s. 24g
13Section 24g. 13.099 (3) (title) of the statutes is amended to read:
AB40-SA4,5,1514
13.099
(3) (title)
Findings of the
department authority to be contained in the
15report.
AB40-SA4, s. 24r
16Section 24r. 13.099 (3) (a) (intro.) of the statutes is amended to read:
AB40-SA4,5,1917
13.099
(3) (a) (intro.) The report of the
department authority shall contain
18information about the effect of the bill on housing in this state, including information
19on the effect of the bill on all of the following:".
AB40-SA4,5,22
22"
Section 25m. 13.099 (4) of the statutes is amended to read:
AB40-SA4,5,2423
13.099
(4) Rule-making authority Rules. The
department
authority may
24promulgate adopt any rules necessary for the administration of this section.".
AB40-SA4,6,2
2"
Section 50m. 13.48 (14) (b) of the statutes is amended to read:
AB40-SA4,6,113
13.48
(14) (b) Subject to par. (d)
and s. 20.932, the building commission shall
4sell or lease on the basis of either public bids, with the building commission reserving
5the right to reject any or all bids in the best interest of the state, or negotiated prices.
6Buildings, structures and land mentioned in this subsection shall be subject to
7general property taxes levied by those taxing bodies within whose area they lie if
8used for commercial purposes, and shall be subject to special assessments for public
9improvements in the same manner and to the same extent as privately owned
10buildings, structures and land, subject to approval of the building commission when
11required under s. 66.0703 (6).".
AB40-SA4,6,13
13"
Section 62g. 13.62 (7) of the statutes is created to read:
AB40-SA4,6,1614
13.62
(7) "Grass roots lobbying" means paid advertising and other activities for
15the purpose of urging members of the general public to attempt to influence
16legislative or administrative action.
AB40-SA4, s. 62h
17Section 62h. 13.621 (1) (b) of the statutes is amended to read:
AB40-SA4,6,2118
13.621
(1) (b) Except as provided in
s. ss. 13.682 and 13.68 (1) (a) 5., news or
19feature reporting, paid advertising activities or editorial comment by working
20members of the press, and the publication or dissemination thereof by a newspaper,
21book publisher, regularly published periodical, radio station or television station.
AB40-SA4,7,223
13.621
(2) State agency lobbying activities. An agency which files a
24statement under s. 13.695 and an official of the agency who is named in the
1statement are not subject to s. 13.625, 13.63, 13.64, 13.65
or, 13.68
, or 13.682 except
2as provided in s. 13.695.
AB40-SA4,7,64
13.621
(3) Performance of public official duties. An elective state official,
5local official, tribal official, or employee of the legislature is not subject to s. 13.63,
613.64, 13.65, 13.68,
13.682, or 13.695 when acting in an official capacity.".