AB760: Bill Text

AB760,36 Section 36. 11.0706 of the statutes is created to read:

AB760,12,12 11.0706 Disposal of residual funds by a terminating conduit. (1) If a conduit has decided to terminate pursuant to s. 11.0105 and the conduit has funds remaining in its possession, the conduit shall attempt to redirect contributions as provided in s. 11.0705. If the conduit is unsuccessful in contacting the individual, the surviving spouse, or the executor of the estate, as provided in s. 11.0705 (2), the conduit may dispose of its residual funds by donating the funds to the common school fund or to a charitable organization, except that the conduit may not direct its residual funds to a charitable organization owned or operated by the sponsoring organization or affiliated with the conduit or its sponsoring organization.

AB760,12,18 (2) If a conduit that seeks to terminate is unable to identify the source of its residual funds upon making a good faith effort to review its books and records, the conduit may dispose of those funds by donating them to the common school fund or to a charitable organization, except that the conduit may not direct those residual funds to a charitable organization owned or operated by the sponsoring organization or affiliated with the conduit or its sponsoring organization.

AB760,12,20 (3) For purposes of this section, a sponsoring organization or conduit is affiliated with a charitable organization if any of the following apply:

AB760,12,23 (a) The sponsoring organization or conduit has the authority or ability to direct or participate in the governance of the charitable organization through provisions of formal documents, formal or informal practices, or formal or informal procedures.

AB760,13,3 (b) The sponsoring organization or conduit has the authority or ability to hire, appoint, demote, or otherwise control the officers or other decision-making employees of the charitable organization.

AB760,13,7 (c) The sponsoring organization or conduit has common or overlapping officers or employees with the charitable organization, indicating a formal or ongoing relationship between the sponsoring organization or conduit and the charitable organization.

AB760,13,11 (d) The sponsoring organization or conduit has officers or employees who were officers or employees of the charitable organization, indicating a formal or ongoing relationship between the sponsoring organization or conduit and the charitable organization or the creation of a successor.

AB760,13,15 (e) The sponsoring organization or conduit provides or arranges for the provision of funds or goods in a significant amount or on an ongoing basis to the charitable organization, such as through payments for fundraising and administrative costs.

AB760,13,17 (f) The sponsoring organization or conduit has an active or significant role in the formation or operation of the charitable organization.

AB760,37 Section 37. 11.0803 (1) (bd) of the statutes is created to read:

AB760,13,22 11.0803 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,38 Section 38. 11.0903 (1) (bd) of the statutes is created to read:

AB760,14,2 11.0903 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

AB760,39 Section 39. 11.1001 (1) (a) 1. of the statutes is amended to read:

AB760,14,9 11.1001 (1) (a) 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.

AB760,40 Section 40. 11.1001 (1) (a) 2. (intro.) of the statutes is amended to read:

AB760,14,16 11.1001 (1) (a) 2. (intro.) For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:

AB760,41 Section 41. 11.1001 (1) (a) 3. of the statutes is amended to read:

AB760,14,23 11.1001 (1) (a) 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.

AB760,42 Section 42. 11.1001 (1) (b) 1. of the statutes is amended to read:

AB760,15,2 11.1001 (1) (b) 1. The dates on which the person incurred the obligations or made the disbursements.

AB760,43 Section 43. 11.1001 (1) (b) 2. of the statutes is amended to read:

AB760,15,5 11.1001 (1) (b) 2. The name and address of the obligees or persons who received the disbursements.

AB760,44 Section 44. 11.1001 (1) (b) 3. of the statutes is amended to read:

AB760,15,8 11.1001 (1) (b) 3. The purpose for making the disbursements or incurring the obligations.

AB760,45 Section 45. 11.1001 (1) (b) 4. of the statutes is amended to read:

AB760,15,10 11.1001 (1) (b) 4. The amount spent or incurred for each act of express advocacy.

AB760,46 Section 46. 11.1001 (3) of the statutes is renumbered 11.1001 (3) (intro.) and amended to read:

AB760,15,15 11.1001 (3) Timing. (intro.) A person who is required to report under this section shall submit the report to the commission no later than 72 hours after making the disbursements. the earliest of the following:

AB760,47 Section 47. 11.1001 (3) (a) of the statutes is created to read:

AB760,15,18 11.1001 (3) (a) The date the obligation for express advocacy is incurred, if the person has the information required to be reported under sub. (1) (b).

AB760,48 Section 48. 11.1001 (3) (b) of the statutes is created to read:

AB760,15,21 11.1001 (3) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:

AB760,15,22 1. The person, if the person is an individual.

AB760,15,24 2. The person's officers, directors, partners, employees, or volunteers, if the person consists of two or more individuals.

AB760,15,25 3. The person's producer, consultant, media production partner, or focus group.

AB760,49 Section 49. 11.1001 (3) (c) of the statutes is created to read:

AB760,16,2 11.1001 (3) (c) The date of the disbursement.

AB760,50 Section 50. 11.1114 of the statutes is repealed and recreated to read:

AB760,16,6 11.1114 Two candidate committees. (1) (a) A candidate who has established two candidate committees pursuant to s. 11.0202 (2) may transfer funds between the two committees as provided in this subsection.

AB760,16,8 (b) The first candidate committee may transfer funds to the second candidate committee, subject to all of the following:

AB760,16,15 1. Any money contributed to the first candidate committee in a prior contribution limit period is the property of the first committee. If the first candidate committee makes a contribution to the second candidate committee from funds received by the first candidate committee during a prior contribution limit period, that contribution is considered a contribution from the first candidate committee, subject to the contribution limits under s. 11.1101 (2) applicable to the second candidate committee.

AB760,17,4 2. The first candidate committee may transfer a contribution, or any portion of a contribution, received by the first candidate committee during the current contribution limit period to the second candidate committee. Such a transfer is considered a contribution from the original contributor to the first candidate committee and does not violate s. 11.1202 or 11.1204. The transfer is subject to the contribution limits under s. 11.1101 applicable to the second candidate committee. A contribution or portion of a contribution that is transferred may not be included when determining whether the contributor has reached or exceeded the applicable contribution limits for the first candidate committee for the current contribution period. The second candidate committee shall count all contributions directly received from the contributor and all contributions from the contributor that are transferred from the first candidate committee to determine whether a contributor has reached or exceeded the applicable contribution limits for the current contribution limit period.

AB760,17,10 (c) The second candidate committee may only transfer funds to the first candidate committee when the second candidate committee is terminating pursuant to s. 11.0105. Such a transfer is considered a contribution from the original contributor to the second candidate committee and is subject to the contribution limits under s. 11.1101 that apply to contributions from the original contributor for contributions made to the first candidate committee.

AB760,17,14 (2) (a) For a contribution under sub. (1) (b) 1., the first candidate committee shall report the contribution to the second candidate committee as a disbursement to the second candidate committee and the second candidate committee shall report receiving the contribution from the first candidate committee.

AB760,17,16 (b) The candidate committees shall report a transfer under sub. (1) (b) 2. as follows:

AB760,17,18 1. The first candidate committee shall report receiving the contribution from the original contributor.

AB760,17,20 2. The first candidate committee shall report transferring the contribution as a disbursement to the second candidate committee.

AB760,17,22 3. The second candidate committee shall report receiving the contribution as if it came from the original contributor.

AB760,18,2 (c) With regard to a transfer under sub. (1) (c), the second candidate committee shall report receiving the contribution from the original contributor and report transferring the funds to the first candidate committee as a disbursement. The first candidate committee shall report receiving the contribution as if it came from the original contributor.

AB760,18,9 (d) A candidate committee making a transfer as provided under this section may report the transfer as one lump sum contribution if the candidate committee provides the receiving committee a list of the contributors, all required information about those contributors, and the amount attributable to each contributor that is being transferred to the receiving committee. The transferring candidate committee shall attach the documentation described in this paragraph to its next campaign finance report.

AB760,51 Section 51. 11.1305 of the statutes is created to read:

AB760,18,13 11.1305 Administrative termination and suspension. (1) A filing officer may terminate any registrant under this chapter that has been exempt for more than 3 years from filing campaign reports pursuant to s. 11.0104.

AB760,18,23 (2) (a) The commission may suspend any registrant for not complying with the requirements of this chapter. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant's access to the campaign finance website for registration and reporting.

AB760,19,10 (b) If a registrant does not respond to a communication from the commission requiring a response from the registrant within 180 days of receipt of the communication, the commission may suspend the registrant for failing to timely respond. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant's access to the campaign finance website for registration and reporting.

AB760,19,14 (3) The commission may not reinstate a registrant suspended as provided under sub. (2) until the registrant has communicated with the commission and has filed an amended registration statement that includes all the information that the commission requires.

AB760,19,16 (4) A registrant that is suspended as provided under sub. (2) may not file a termination report under s. 11.0105 until it is reinstated as provided under sub. (3).

AB760,19,21 (5) If a registrant is suspended as provided under sub. (2), the statute of limitations under s. 893.93 (1m) for any potential violation committed within 3 years prior to the date of the suspension is tolled. The commission or a district attorney may commence an action to enforce such violations at any time during the 12-month period following the date of reinstatement.

AB760,52 Section 52. 13.62 (12t) of the statutes is created to read:

AB760,20,3 13.62 (12t) “Special election” means an election other than a spring primary, spring election, partisan primary, or general election that is called to fill a vacancy in a state office, as defined in s. 5.02 (23). “Special election” includes an election to fill a vacancy in a state office, as defined in s. 5.02 (23), that is being conducted concurrently with a spring primary, spring election, partisan primary, or general election.

AB760,53 Section 53. 19.55 (2) (e) of the statutes is created to read:

AB760,20,7 19.55 (2) (e) Except as authorized in sub. (5), records created in the course of conducting an audit to identify a potential violation of this subchapter, ch. 11, or subch. III of ch. 13.

AB760,54 Section 54. 19.55 (3) (e) 5. and 6. of the statutes are created to read:

AB760,20,9 19.55 (3) (e) 5. Any record of the action of the commission issuing a warning.

AB760,20,12 6. Any record of the action of the commission that indicates that, upon a finding of a reasonable suspicion of a violation or probable cause to believe that a violation has occurred or occurring, the commission decided to take no further action.

AB760,55 Section 55. 19.55 (5) of the statutes is created to read:

AB760,20,15 19.55 (5) The following audit records of the commission are open to public inspection and copying under s. 19.35 (1):

AB760,20,17 (a) Any record containing a finding that there is no reasonable suspicion that a violation of the law occurred.

AB760,20,19 (b) Any record containing a finding that no probable cause exists to believe that a violation of the law occurred.

AB760,20,22 (c) Any record of an action of the commission that indicates that, upon a finding of a reasonable suspicion of a violation or probable cause to believe that a violation has occurred or occurring, the commission decided to take no further action.

AB760,20,23 (d) Any record of an action of the commission issuing a warning.

AB760,20,25 (e) Any record of an action of the commission authorizing the filing of a civil complaint.

AB760,21,2 (f) Any record of an action of the commission referring a matter to a district attorney or other prosecutor for investigation or prosecution.

AB760,56 Section 56. 19.851 (3) of the statutes is created to read:

AB760,21,5 19.851 (3) The commission shall convene in closed session for any of the following purposes:

AB760,21,8 (a) To consider whether there is a reasonable suspicion or probable cause to believe that a violation of the law occurred or is occurring based on a complaint and, if received, a response to that complaint.

AB760,21,11 (b) To receive reports concerning audit findings and consider whether there is a reasonable suspicion or probable cause to believe that a violation of the law occurred or is occurring.

AB760,21,12 (End)