AB387: Bill Text Engrossed

AB387-engrossed,69,23 5. The name of any candidate identified in the express advocacy, the office that the candidate seeks, and whether the express advocacy supports or opposes that candidate.

AB387-engrossed,70,2 6. An affirmation, made under oath, that the independent expenditure committee will comply with the prohibition on coordination under s. 11.1203 with respect to any candidate or agent or candidate committee who is supported or opposed by the express advocacy.

AB387-engrossed,70,4 7. The name and mailing and street address of the independent expenditure committee's designated agent in this state.

AB387-engrossed,70,10 (2) Exception. (a) An independent expenditure committee that is required to report under this section is not required to submit the information described under sub. (1) (b) regarding disbursements made before reaching the $2,500 threshold under sub. (1) (a). For purposes of this section, a disbursement for express advocacy is the amount spent directly on developing, producing, and disseminating the express advocacy.

AB387-engrossed,70,11 (b) This section does not apply to any of the following:

AB387-engrossed,70,14 1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any news organization, unless the facilities are controlled by any committee, or candidate.

AB387-engrossed,70,18 2. 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.

AB387-engrossed,70,21 (3) Timing. An independent expenditure committee that is required to report under this section shall submit the report to the board no later than 72 hours after making the disbursements.

AB387-engrossed,70,22 subchapter viI

AB387-engrossed,70,23 conduits

AB387-engrossed,71,3 11.0701 Registration; administrator and depositories. (1) Each conduit required to register under this chapter shall designate an administrator to comply with the registration and reporting requirements under this subchapter.

AB387-engrossed,71,5 (2) The administrator shall ensure that all funds received are deposited in the conduit depository account.

AB387-engrossed,71,7 (3) Except as provided in s. 11.0705, the conduit administrator may release a contribution to a committee only upon the contributor's direction.

AB387-engrossed,71,10 (4) The administrator shall maintain the records of the conduit in an organized and legible manner for not less than 3 years after the date of the election in which the conduit participates.

AB387-engrossed,71,14 11.0702 Registration; timing. Every conduit that accepts and releases contributions made to support or oppose a candidate in a calendar year shall, upon its inception and prior to accepting or releasing any such contribution, file a registration statement giving the information required by s. 11.0703.

AB387-engrossed,71,18 11.0703 Registration; required information. (1) Required information. The conduit shall indicate on the registration statement that it is registering as a conduit and shall include all of the following, where applicable, on the registration statement:

AB387-engrossed,71,19 (a) The name and mailing address of the conduit.

AB387-engrossed,71,25 (b) The name and mailing address of the administrator of the conduit and any other custodian of books and accounts. Unless otherwise directed by the administrator on the registration form and except as otherwise provided in this chapter or any rule of the board, all mailings that are required by law or by rule of the board shall be sent to the administrator at the administrator's address indicated upon the form.

AB387-engrossed,72,2 (c) The name and address of the depository account of the conduit and of any other institution where funds of the conduit are kept.

AB387-engrossed,72,4 (d) The name and mailing address of a sponsor, as defined in s. 11.0705 (1), to which contributions may be redirected as provided under s. 11.0705 (2).

AB387-engrossed,72,7 (2) Certification. The individual responsible for filing or amending a conduit's registration statement shall certify that all information contained in the statement is true, correct, and complete.

AB387-engrossed,72,12 (3) Change of information. The conduit shall report any change in information previously submitted in a registration statement within 10 days following the change. Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement or by the conduit administrator.

AB387-engrossed,72,16 11.0704 Reporting. (1) Contributions. (a) Each conduit shall make full reports, upon a form prescribed by the board and certified by the administrator as required under s. 11.0103 (3) (c), providing the following information covering the period since the last date covered on the previous report:

AB387-engrossed,72,20 1. An itemized statement giving the date, full name, and street address of each committee to whom contributions were released during the reporting period, together with the sum total of all contributions released to that committee during the reporting period.

AB387-engrossed,72,22 2. Whether, during the reporting period, any contribution was redirected to a sponsor as permitted under s. 11.0705.

AB387-engrossed,73,2 (b) A conduit releasing a contribution of money to the recipient shall, in writing at the time the contribution is released, identify itself to the recipient as a conduit and report to the recipient the following information about each contribution released by it:

AB387-engrossed,73,5 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the conduit which contribution is being released to the recipient, together with the amount of the contribution.

AB387-engrossed,73,7 2. The occupation, if any, of each individual contributor whose cumulative contributions to the recipient for the calendar year are in excess of $200.

AB387-engrossed,73,15 (2) Reports to support or oppose candidates at spring primary. A conduit that releases a contribution of money to a recipient to support or oppose one or more candidates for office at a spring primary or a candidate at a special primary held to nominate nonpartisan candidates to be voted for at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election, or to support or oppose committees engaging in such activities, shall, annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,73,21 (3) Reports to support or oppose candidates at spring election. A conduit that releases a contribution of money to a recipient to support or oppose one or more candidates for office at a spring election or a candidate at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election, or to support or oppose committees engaging in such activities, shall do all the following:

AB387-engrossed,73,23 (a) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,74,3 (b) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

AB387-engrossed,74,9 (4) Reports to support or oppose candidates at partisan primary. A conduit that releases a contribution of money to a recipient to support or oppose one or more candidates for office at a partisan primary or a candidate at a special primary held to nominate candidates to be voted for at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election, or to support or oppose committees engaging in such activities, shall do all the following:

AB387-engrossed,74,11 (a) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,74,13 (b) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

AB387-engrossed,74,19 (5) Reports to support or oppose candidates at general election. A conduit that releases a contribution of money to a recipient to support or oppose one or more candidates for office at a general election or a candidate at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election, or to support or oppose committees engaging in such activities shall do all of the following:

AB387-engrossed,74,21 (a) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,74,23 (b) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

AB387-engrossed,75,3 (c) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

AB387-engrossed,75,6 11.0705 Redirected contributions. (1) Definitions. In this section, "sponsor" means a person, other than an individual or a candidate committee, that is associated with a conduit.

AB387-engrossed,75,9 (2) Redirection. If all of the following apply, a conduit may redirect any contribution received from an individual to a sponsor or, if there is no sponsor, to an administrative fund of the conduit:

AB387-engrossed,75,13 (a) The conduit has held the contribution for at least 24 consecutive months, including the 24 months immediately preceding March 29, 2014, over which time the individual or organization that made the contribution has made no contact with the conduit.

AB387-engrossed,75,14 (b) Either of the following apply:

AB387-engrossed,76,2 1. The conduit has, over the 24-month period described in par. (a), attempted in good faith to contact the individual that made the contribution at least 5 times, and has documented each such attempt, but has been unable to make contact with the individual. A conduit may satisfy the requirement to contact the individual by telephoning the individual at the last-known telephone number; by sending a text message to the individual at the last-known cellular telephone number or pager number capable of receiving text messages; by sending a facsimile transmission to the individual at the last-known facsimile transmission number; by sending a letter or postcard to the individual by U.S. mail; by sending a message by electronic mail; or by any combination of the foregoing. A conduit may not satisfy the requirement to attempt in good faith to contact the individual at least 5 times if all 5 attempted contacts occur within a period of 30 consecutive days.

AB387-engrossed,76,4 2. The surviving spouse or executor of the estate of a deceased individual that made the contribution authorizes the redirection of the contribution.

AB387-engrossed,76,5 subchapter VIII

AB387-engrossed,76,6 referendum committees

AB387-engrossed,76,9 11.0801 Registration; treasurer and depositories. (1) Each referendum committee required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

AB387-engrossed,76,11 (2) The treasurer shall ensure that all funds received are deposited in the referendum committee depository account.

AB387-engrossed,76,14 (3) No disbursement may be made or obligation incurred by or on behalf of a referendum committee without the authorization of the treasurer or a designated agent.

AB387-engrossed,76,17 (4) The treasurer shall maintain the records of the referendum committee in an organized and legible manner for not less than 3 years after the date of the election in which the referendum committee participates.

AB387-engrossed,76,22 11.0802 Registration; timing. (1) Every referendum committee that makes or accepts contributions, makes disbursements, or incurs obligations for the purpose of influencing a particular vote at a referendum in a calendar year in an aggregate amount in excess of $10,000 shall file a registration statement giving the information required by s. 11.0803.

AB387-engrossed,77,2 (2) A referendum committee that triggers the registration requirement under sub. (1) shall file the registration statement no later than the 10th business day commencing after receipt of the first contribution by the referendum committee exceeding the amount specified under sub. (1), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

AB387-engrossed,77,6 11.0803 Registration; required information. (1) Required information. The referendum committee shall indicate on the registration statement that it is registering as a referendum committee and shall include all of the following on the registration statement:

AB387-engrossed,77,7 (a) The name and mailing address of the referendum committee.

AB387-engrossed,77,12 (b) The name and mailing address of the treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the board, all mailings that are required by law or by rule of the board shall be sent to the treasurer at the treasurer's address indicated upon the form.

AB387-engrossed,77,14 (c) The name and address of the depository account of the referendum committee and of any other institution where funds of the committee are kept.

AB387-engrossed,77,15 (d) The nature of any referendum that is supported or opposed.

AB387-engrossed,77,19 (2) Certification. The individual responsible for filing or amending a referendum committee's registration statement and any form or report required of the committee under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.

AB387-engrossed,77,24 (3) Change of information. (a) The referendum committee shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par. (b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.

AB387-engrossed,78,2 (b) The administrator or treasurer of a referendum committee may report a change in the committee's registration statement.

AB387-engrossed,78,8 11.0804 Reporting. (1) Contributions and disbursements. (a) Each referendum committee shall make full reports, upon a form prescribed by the board and certified as required under s. 11.0103 (3) (c), of all contributions, disbursements, and obligations received, made, or incurred by the committee. The referendum committee shall include in each report the following information, covering the period since the last date covered on the previous report:

AB387-engrossed,78,11 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the referendum committee, together with the amount of the contribution.

AB387-engrossed,78,14 2. The occupation, if any, of each individual contributor whose cumulative contributions to the referendum committee for the calendar year are in excess of $200.

AB387-engrossed,78,19 3. An itemized statement of each contribution made anonymously to the referendum committee. If the contribution exceeds $10, the referendum committee shall specify whether the committee donated the contribution to the common school fund or to a charitable organization, and shall include the full name and mailing address of the donee.

AB387-engrossed,78,21 4. A statement of totals during the reporting period of contributions received and contributions donated as provided in subd. 3.

AB387-engrossed,78,23 5. A statement of the cash balance on hand at the beginning and end of the reporting period.

AB387-engrossed,79,3 6. An itemized statement of each loan of money made to the referendum committee in an aggregate amount or value in excess of $20, together with all of the following:

AB387-engrossed,79,4 a. The full name and mailing address of the lender.

AB387-engrossed,79,5 b. A statement of whether the lender is a commercial lending institution.

AB387-engrossed,79,6 c. The date and amount of the loan.

AB387-engrossed,79,7 d. The full name and mailing address of each guarantor, if any.

AB387-engrossed,79,8 e. The original amount guaranteed by each guarantor.

AB387-engrossed,79,10 f. The balance of the amount guaranteed by each guarantor at the end of the reporting period.

AB387-engrossed,79,13 7. An itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB387-engrossed,79,17 8. An itemized statement of every obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such obligation was incurred.

AB387-engrossed,79,20 9. A statement of totals during the reporting period of disbursements made, including transfers made to and received from other committees, other income, and loans.

AB387-engrossed,79,22 10. A statement of the balance of obligations incurred as of the end of the reporting period.

AB387-engrossed,79,25 (b) The referendum committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period.

AB387-engrossed,80,4 (2) Reports to support or oppose a referendum at spring primary. A referendum committee making or accepting contributions, making disbursements, or incurring obligations to support or oppose a referendum appearing on a spring primary ballot shall do all the following:

AB387-engrossed,80,6 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary.

AB387-engrossed,80,8 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,80,10 (c) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,80,14 (3) Reports to support or oppose a referendum at spring election. A referendum committee making or accepting contributions, making disbursements, or incurring obligations to support or oppose a referendum appearing on a spring election ballot shall do all the following:

AB387-engrossed,80,16 (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

AB387-engrossed,80,18 (b) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

AB387-engrossed,80,22 (4) Reports to support or oppose a referendum at partisan primary. A referendum committee making or accepting contributions, making disbursements, or incurring obligations in support of or in opposition to a referendum appearing on a partisan primary ballot shall do all the following:

AB387-engrossed,80,24 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary.

AB387-engrossed,81,2 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.