Amendment SA1-SB292

LRBa1059/1

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2015 - 2016 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 292

October 22, 2015 - Offered by Senator S. Fitzgerald.

SB292-SA1,1,1 At the locations indicated, amend the bill as follows:

SB292-SA1,1,2 1. Page 10, line 17: delete "11.0202 (1) (a)" and substitute " 11.0203 (1) (c)".

SB292-SA1,1,3 2. Page 15, line 2: before "accept" insert "make or".

SB292-SA1,1,4 3. Page 16, line 21: delete lines 21 to 23 and substitute:

SB292-SA1,1,6 "9. Any communication that does not expressly advocate for the election or defeat of a clearly identified candidate.

SB292-SA1,1,10 10. A communication made exclusively between an organization and its members. In this subdivision, a member of an organization means a shareholder, employee, or officer of the organization, or an individual who has affirmatively manifested an interest in joining, supporting, or aiding the organization.

SB292-SA1,2,3 11. Any cost incurred to conduct Internet activity by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of any computers, software, Internet domain names, Internet service providers, and any other technology that is used to provide access to or use of the Internet, but not including professional video production services purchased by the individual.

SB292-SA1,2,8 12. Any news story, commentary, or editorial by a broadcasting station, cable television operator, producer, or programmer, Internet site, or newspaper or other periodical publication, including an Internet or other electronic publication unless a committee owns the medium in which news story, commentary, or editorial appears.

SB292-SA1,2,10 13. An expenditure of funds by a sponsoring organization for a political action committee's administrative or solicitation expenses.

SB292-SA1,2,12 14. An expenditure of funds by a sponsoring organization for an independent expenditure committee's administrative or solicitation expenses.

SB292-SA1,2,14 15. An expenditure of funds by a sponsor, as defined in s. 11.0705 (1), for a conduit's administrative or solicitation expenses.".

SB292-SA1,2,15 4. Page 17, line 9: delete lines 9 to 12 and substitute:

SB292-SA1,2,16 "(b) "Disbursement" does not include any of the following:

SB292-SA1,2,20 1. A communication made exclusively between an organization and its members. In this subdivision, a member of an organization means a shareholder, employee, or officer of the organization, or an individual who has affirmatively manifested an interest in joining, supporting or aiding the organization.

SB292-SA1,3,2 2. A communication or Internet activity by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of computers, software, Internet domain names, Internet service providers, and any other technology that is used to provide access to or use of the Internet, but not including professional video production services purchased by the individual.

SB292-SA1,3,7 3. Any news story, commentary, or editorial by a broadcasting station, cable television operator, producer, or programmer, Internet site, or newspaper or other periodical publication, including an Internet or other electronic publication unless a committee owns the medium in which news story, commentary, or editorial appears.

SB292-SA1,3,8 4. A nominal fee paid for a communication to the general public.

SB292-SA1,3,10 5. An expenditure of funds by a sponsoring organization for a political action committee's administrative or solicitation expenses.

SB292-SA1,3,12 6. An expenditure of funds by a sponsoring organization for an independent expenditure committee's administrative or solicitation expenses.

SB292-SA1,3,14 7. An expenditure of funds by a sponsor, as defined in s. 11.0705 (1), for a conduit's administrative or solicitation expenses.

SB292-SA1,3,16 8. An expenditure of funds for a political action committee's fundraising and administrative expenses.

SB292-SA1,3,18 9. An expenditure of funds for an independent expenditure committee's fundraising and administrative expenses.

SB292-SA1,3,20 10. An expenditure of funds for a conduit's fundraising and administrative expenses.".

SB292-SA1,3,21 5. Page 17, line 13: after "means" insert "a".

SB292-SA1,3,22 6. Page 17, line 14: delete "or their functional equivalents".

SB292-SA1,3,23 7. Page 17, line 15: delete "campaign" and substitute "election or defeat".

SB292-SA1,3,24 8. Page 18, line 23: after that line insert:

SB292-SA1,4,6 "(18m) "Internet activity" includes sending or forwarding an electronic message; providing a hyperlink or other direct access on a person's Internet site to an Internet site operated by another person; blogging; creating, maintaining, or hosting an Internet site; payment by a person of a nominal fee for the use of an Internet site operated by another person; or any other form of communication distributed over the Internet.".

SB292-SA1,4,7 9. Page 19, line 1: delete lines 1 to 3 and substitute:

SB292-SA1,4,8 "(20) (a) "Major purpose" means all of the following:

SB292-SA1,4,11 1. A person's major purpose as specified in the person's organizational or governing documents, the person's bylaws, resolutions of the person's governing body, or registration statements filed by the person under this chapter.

SB292-SA1,4,16 2. The use of more than 50 percent of a person's total spending in a 12-month period on expenditures for express advocacy, expenditures made to support or defeat a referendum, or contributions made to a candidate committee, legislative campaign committee, or political party. In this subdivision, total spending does not include a committee's fundraising or administrative expenses.

SB292-SA1,4,17 (b) In this subsection, "person" does not include an individual.".

SB292-SA1,4,18 10. Page 19, line 15: delete lines 15 to 21 and substitute:

SB292-SA1,4,22 "(25) (a) Subject to par. (b), "political action committee" means an entity that is organized by any person, other than an individual, or by any combination, permanent or temporary, of 2 or more persons unrelated by marriage and that satisfies any of the following:

SB292-SA1,4,23 1. Has express advocacy as its major purpose.

SB292-SA1,5,2 2. Makes or accepts contributions or makes disbursements with regard to a state or local office and to support or oppose any of the following:".

SB292-SA1,5,3 11. Page 20, line 17: delete lines 17 to 22 and substitute:

SB292-SA1,5,5 "(28) "Referendum committee" means an entity that satisfies all of the following:

SB292-SA1,5,7 (a) It has supporting or opposing the passage or defeat of a referendum in this state as its major purpose.

SB292-SA1,5,9 (b) It is organized by any person, other than an individual, or by any combination, permanent or temporary, of 2 or more persons unrelated by marriage.

SB292-SA1,5,12 (c) It does not receive contributions or make disbursements or contributions for the purpose of influencing or attempting to influence a candidate's nomination or election.".

SB292-SA1,5,13 12. Page 21, line 7: delete lines 7 and 8 and substitute:

SB292-SA1,5,16 "(31) "Sponsoring organization" means an entity that establishes, administers, or financially supports a political action committee or an independent expenditure committee.".

SB292-SA1,5,17 13. Page 21, line 16: after that line insert:

SB292-SA1,5,19 "(34) "Treasurer" means the individual who registers a committee with a filing officer and who makes reports on behalf of the committee".

SB292-SA1,5,20 14. Page 22, line 2: after that line insert:

SB292-SA1,5,21 "4m. An independent expenditure committee.".

SB292-SA1,5,23 15. Page 23, line 1: delete "Except as provided in s. 11.0104 (1), a" and substitute "A".

SB292-SA1,6,3 16. Page 26, line 8: delete the material beginning with "contribution," and ending with "obligation" on line 9 and substitute "contribution made or accepted, a disbursement made, or an obligation incurred".

SB292-SA1,6,4 17. Page 26, line 10: delete "accepted, made" and substitute "made, accepted".

SB292-SA1,6,5 18. Page 26, line 11: delete "accepted, made" and substitute "made, accepted".

SB292-SA1,6,8 19. Page 26, line 13: delete "contribution, disbursement, or obligation" and substitute "contribution made or accepted, disbursement made, or obligation incurred".

SB292-SA1,6,9 20. Page 26, line 14: delete "accepted, made" and substitute "made, accepted".

SB292-SA1,6,10 21. Page 26, line 15: delete "accepted, made" and substitute "made, accepted".