Amendment AP8 SSA1-SB1

SB1-SSA1,110,20 (b) Any labor organization which files a report under sub. (3) which contains false information may be required to forfeit not more than $1,000.

SB1-SSA1, s. 220 Section 220. 11.50 (title) of the statutes is amended to read:

SB1-SSA1,110,22 11.50 (title) Wisconsin clean election campaign fund system.

SB1-SSA1, s. 221 Section 221. 11.50 (1) (b) of the statutes is amended to read:

SB1-SSA1,110,24 11.50 (1) (b) "Fund" means the Wisconsin clean election campaign system fund.

SB1-SSA1, s. 222 Section 222. 11.50 (2) (a) of the statutes is amended to read:

SB1-SSA1,111,17 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the applicable contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31, as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) or s. 11.26 (10m) or 11.31 (3n) applies.

SB1-SSA1, s. 223 Section 223. 11.50 (2) (b) 5. of the statutes is amended to read:

SB1-SSA1,112,18 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), from contributions of money, other than loans, made by individuals who reside in this state and in the case of a candidate for legislative office by individuals who reside in a county having territory within the legislative district in which the candidate seeks office, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.

SB1-SSA1, s. 224 Section 224. 11.50 (2) (g) of the statutes is amended to read:

SB1-SSA1,113,4 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the applicable contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.26 (10m) or 11.31 (3n) applies.

SB1-SSA1, s. 225 Section 225. 11.50 (2) (i) of the statutes is amended to read:

SB1-SSA1,113,18 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate for an office at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same that office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations limitation prescribed in s. 11.26 (10) and the disbursement limitation prescribed imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB1-SSA1, s. 226 Section 226. 11.50 (2m) of the statutes is created to read:

SB1-SSA1,114,2 11.50 (2m) Public information. Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 10% of the amount transferred to the fund under s. 20.855 (4) (b) in that year, but not more than $30,000, shall be placed in a public information account. Moneys in this account shall be expended as directed by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section. Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB1-SSA1, s. 227 Section 227. 11.50 (3) (a) (intro.) of the statutes is amended to read:

SB1-SSA1,114,6 11.50 (3) (a) (intro.) Annually on August 15, Immediately after any transfer under sub. (2m), the state treasurer shall annually apportion all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

SB1-SSA1, s. 228 Section 228. 11.50 (3) (a) 1. of the statutes is amended to read:

SB1-SSA1,114,13 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in a superintendency account. From this account, an equal amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a), shall be disbursed to the campaign depository account of utilized to provide a grant to each eligible candidate by the state treasurer for state superintendent.

SB1-SSA1, s. 229 Section 229. 11.50 (3) (a) 2. of the statutes is amended to read:

SB1-SSA1,114,19 11.50 (3) (a) 2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a), shall be disbursed to the campaign depository account of utilized to provide a grant to each eligible candidate by the state treasurer for justice.

SB1-SSA1, s. 230 Section 230. 11.50 (4) (b) of the statutes is amended to read:

SB1-SSA1,115,2 11.50 (4) (b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. Each account shall be utilized to provide a grant to each eligible candidate for the office for which the account is established, in an amount not exceeding the amount authorized under sub. (9) (a), as adjusted under sub. (9a). The apportionment of moneys in the executive campaign account shall be made as follows:

SB1-SSA1,115,4 1. Sixty-seven percent to be apportioned between all utilized to provide a grant to each eligible candidates candidate for governor.

SB1-SSA1,115,6 2. Eight percent to be apportioned between all utilized to provide a grant to each eligible candidates candidate for lieutenant governor.

SB1-SSA1,115,8 3. Seventeen percent to be apportioned between all utilized to provide a grant to each eligible candidates candidate for attorney general.

SB1-SSA1,115,10 4. Four percent to be apportioned between all utilized to provide a grant to each eligible candidates candidate for state treasurer.

SB1-SSA1,115,12 5. Four percent to be apportioned between all utilized to provide a grant to each eligible candidates candidate for secretary of state.

SB1-SSA1, s. 231 Section 231. 11.50 (4) (c) of the statutes is amended to read:

SB1-SSA1,115,21 11.50 (4) (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. The senate campaign account shall be utilized to provide a grant to each eligible candidate for the office of state senator. The assembly campaign account shall be utilized to provide a grant to each eligible candidate for representative to the assembly. No apportionment shall be made by legislative district.

SB1-SSA1, s. 232 Section 232. 11.50 (4) (d) of the statutes is repealed.

SB1-SSA1, s. 233 Section 233. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB1-SSA1,116,12 11.50 (9) (a) (intro.) The Except as provided in sub. (9a), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. the amount specified in this subsection, subject to the limitation under s. 11.26 (9). If there are insufficient moneys available within any account established under sub. (3) or (4) to provide for distribution of the maximum grant authorized under this subsection, as adjusted under sub. (9a), the maximum grant available to each candidate shall be reduced proportionately in such manner as to equally apportion the available moneys within that account to each eligible candidate. Maximum grant amounts are:

SB1-SSA1,116,17 (b) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 (2), as adjusted under s. 11.31 (9), are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB1-SSA1, s. 234 Section 234. 11.50 (9) (a) 1. to 6. of the statutes are created to read:

SB1-SSA1,116,19 11.50 (9) (a) 1. For a candidate for the office of governor, $500,000.

SB1-SSA1,116,20 2. For a candidate for the office of lieutenant governor, $62,500.

SB1-SSA1,116,21 3. For a candidate for the office of attorney general, $175,000.

SB1-SSA1,116,23 4. For a candidate for the office of state superintendent, justice, secretary of state or state treasurer, $75,000.

SB1-SSA1,116,24 5. For a candidate for the office of state senator, $25,000.

SB1-SSA1,116,25 6. For a candidate for the office of representative to the assembly, $12,500.

SB1-SSA1, s. 235 Section 235. 11.50 (9a) of the statutes is created to read:

SB1-SSA1,117,2 11.50 (9a) Adjustment of maximum grant amounts. (a) In this subsection:

SB1-SSA1,117,5 1. "Consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB1-SSA1,117,8 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

SB1-SSA1,117,25 (b) The dollar amounts of all maximum grant amounts specified in sub. (9) (a) 1. to 6. shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1997. The board shall then calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 1997. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the maximum grant amounts specified in sub. (9) to substitute that result for the existing amounts to the extent required to reflect any difference, rounded to the nearest multiple of $25, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency.

SB1-SSA1, s. 236 Section 236. 11.50 (10m) (title) of the statutes is amended to read:

SB1-SSA1,118,2 11.50 (10m) (title) Return of grants prior to election.

SB1-SSA1, s. 237 Section 237. 11.50 (11) (d) of the statutes is amended to read:

SB1-SSA1,118,7 11.50 (11) (d) No person may expend, authorize the expenditure of or incur any obligation to expend a grant or other contribution after the date of any election where the moneys contained in such contribution that grant are returnable to the state under sub. (8).

SB1-SSA1, s. 238 Section 238. 11.50 (11) (e) of the statutes is amended to read:

SB1-SSA1,118,12 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i) or ss. 11.26 (10m) and 11.31 (3n).

SB1-SSA1, s. 239 Section 239. 11.50 (12) of the statutes is amended to read:

SB1-SSA1,118,21 11.50 (12) Proof of payment. No later than the next due date for continuing reports under s. 11.20 (4) which occurs at least 30 days after an election in which a candidate receives a grant, or no later than 30 days after each special election in which a candidate receives a grant, whichever is earlier, the candidate or his or her campaign treasurer shall deliver or transmit to the board by 1st class mail, sufficient proof of payment for all disbursements made from grants distributed under this section. This subsection does not restrict the authority of the board to audit records under ss. 5.05 (2) and 13.94 (1) (k).

SB1-SSA1, s. 240 Section 240. 11.60 (3s) and (3t) of the statutes are created to read:

SB1-SSA1,119,4 11.60 (3s) (a) Notwithstanding sub. (1) and except as provided in subs. (3t) and (3u), if an individual who or committee which is required to file a statement under s. 11.06 (7) (a) files a statement under s. 11.06 (7) (a) which contains a material misrepresentation with respect to support or opposition to a candidate, the individual or committee shall forfeit an amount equal to any disbursement made or obligation incurred for a purpose that is inconsistent with the statement filed by the individual or committee.

SB1-SSA1,119,11 (b) Notwithstanding sub. (1) and except as provided in subs. (3t) and (3u), if a registrant, organization or individual who or which is required to file a statement under s. 11.065 (2) or (5) files a statement under s. 11.065 (2) or (5) which contains a material misrepresentation with respect to support or opposition to a candidate, the registrant, organization or individual shall forfeit an amount equal to any expenditure made or obligation to make an expenditure incurred for a purpose that is inconsistent with the statement filed by the registrant, organization or individual.

SB1-SSA1,119,19 (3t) (a) Notwithstanding sub. (1), if any committee or individual makes a disbursement or incurs an obligation to make a disbursement of $500 or more that is required to be disclosed under s. 11.06 (7) (a) without disclosing the disbursement or obligation, or prior to the 10th day after disclosing the disbursement or obligation, or in an amount which understates by more than $5,000 the amount disclosed, the committee or individual shall forfeit an amount equal to any amount exceeding $5,000 that is disbursed or obligated to be disbursed or understated by the committee or individual in violation of s. 11.06 (7) (a).

SB1-SSA1,120,3 (b) Notwithstanding sub. (1), if any registrant, organization or individual makes an expenditure or incurs an obligation to make an expenditure of more than $1,000 that is required to be disclosed under s. 11.065 (2) or (5) without disclosing the expenditure or obligation, or prior to the 10th day after disclosing the expenditure or obligation, or in an amount which understates by more than $5,000 the amount disclosed, the registrant, organization or individual shall forfeit an amount equal to any amount exceeding $5,000 that is expended or obligated to be expended or understated by the registrant, organization or individual in violation of s. 11.065 (2) or (15).

SB1-SSA1, s. 241 Section 241. 11.60 (3u) of the statutes is created to read:

SB1-SSA1,120,11 11.60 (3u) (a) Notwithstanding sub. (1), if an individual who or committee which is required to file a statement under s. 11.06 (7) (a) intentionally files a statement under s. 11.06 (7) (a) which contains a material misrepresentation with respect to the amount of a proposed disbursement or obligation, the individual or committee shall forfeit an amount equal to any disbursement made or obligation incurred for a purpose that is inconsistent with the statement filed by the individual or committee.

SB1-SSA1,120,18 (b) Notwithstanding sub. (1), if a registrant, organization or individual who or which is required to file a statement under s. 11.065 (2) or (5) intentionally files a statement under s. 11.065 (2) or (5) which contains a material misrepresentation with respect to the amount of a proposed expenditure or obligation, the registrant, organization or individual shall forfeit an amount equal to any expenditure made or obligation to make an expenditure incurred for a purpose that is inconsistent with the statement filed by the registrant, organization or individual.

SB1-SSA1, s. 242 Section 242. 11.60 (4) and (5) of the statutes are amended to read:

SB1-SSA1,121,7 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or a local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB1-SSA1,121,13 (5) Any elector may file a verified petition with the board, the county board of election commissioners or the appropriate district attorney or both with more than one of them where the their authority is concurrent under sub. (4), requesting that civil action under this chapter be brought against any person, committee or group. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.

SB1-SSA1, s. 243 Section 243. 13.82 (1) (d) of the statutes is created to read:

SB1-SSA1,121,17 13.82 (1) (d) Shall create a bipartisan committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action.

SB1-SSA1, s. 244 Section 244. 14.58 (20) of the statutes is amended to read:

SB1-SSA1,121,21 14.58 (20) (title) Election campaign system fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin clean election campaign system fund.

SB1-SSA1, s. 245 Section 245. 15.615 of the statutes is created to read:

SB1-SSA1,122,2 15.615 Same; attached boards. (2) Referendum appeal board. There is created a referendum appeal board which is attached to the elections board under s. 15.03. The board shall consist of the governor, the senate majority leader, the senate minority leader, the speaker of the assembly and the assembly minority leader or the designees of these persons.

SB1-SSA1, s. 246 Section 246. 20.510 (1) (q) of the statutes is amended to read:

SB1-SSA1,122,8 20.510 (1) (q) (title) Wisconsin clean election campaign system fund. As a continuing appropriation, from the Wisconsin clean election campaign system fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and to provide for public information as authorized under s. 11.50 (2m).

SB1-SSA1, s. 247 Section 247. 20.855 (4) (b) of the statutes is amended to read:

SB1-SSA1,122,13 20.855 (4) (b) (title) Election campaign payments fund contributions. A sum sufficient equal to the amounts determined under s. 71.10 (3) to be paid into transferred from the general fund to the Wisconsin clean election campaign system fund annually on August 15.

SB1-SSA1, s. 248 Section 248. 20.855 (4) (ba) of the statutes is created to read:

SB1-SSA1,122,17 20.855 (4) (ba) Election fund supplement. A sum sufficient equal to $300,000 in each fiscal year, to be transferred from the general fund to the Wisconsin clean election system fund annually on August 15.

SB1-SSA1, s. 249 Section 249. 24.66 (3) (b) of the statutes is amended to read:

SB1-SSA1,122,25 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4).

SB1-SSA1, s. 250 Section 250. 24.66 (4) of the statutes is amended to read:

SB1-SSA1,123,9 24.66 (4) Popular vote, when required. If any municipality is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The question to be voted on shall be filed as provided in s. 8.37. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.

SB1-SSA1, s. 251 Section 251. 25.17 (1) (ys) of the statutes is amended to read:

SB1-SSA1,123,11 25.17 (1) (ys) Wisconsin clean election campaign system fund (s. 25.42);

SB1-SSA1, s. 252 Section 252. 25.42 of the statutes is amended to read:

SB1-SSA1,123,18 25.42 (title) Wisconsin clean election campaign system fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin clean election campaign system fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB1-SSA1, s. 253 Section 253. 32.72 (1) of the statutes is amended to read:

SB1-SSA1,124,2 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?". The question shall be filed as provided in s. 8.37.

SB1-SSA1, s. 254 Section 254. 38.08 (1) (a) 1. of the statutes is amended to read:

SB1-SSA1,124,10 38.08 (1) (a) 1. A district board shall administer the district and shall be composed of 9 members who are residents of the district, including 2 employers, 2 employes, 3 additional members, a school district administrator, as defined under s. 115.001 (8), and one elected official who holds a state or local office, as defined in s. 5.02, except for the office of party committeeman or party committeewoman. The board shall by rule define "employer" and "employe" for the purpose of this subdivision.