2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 184
June 12, 2001 - Offered by Representative Miller.
AB184-ASA1,1,6
1An Act to repeal 11.06 (3) (b);
to amend 11.06 (1) (intro.), 11.06 (2), 11.12 (4) and
211.61 (1) (a) to (c); and
to create 11.01 (13) and (20), 11.01 (16) (a) 3., 11.24 (1v),
311.60 (3s) and 11.61 (1) (d) of the statutes;
relating to: acceptance of
4contributions, the scope of regulation and reporting of information by
5nonresident registrants under the campaign finance law, and providing a
6penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB184-ASA1, s. 1
7Section
1. 11.01 (13) and (20) of the statutes are created to read:
AB184-ASA1,1,98
11.01
(13) "Mass mailing" means the distribution of 50 or more pieces of
9substantially identical material.
AB184-ASA1,1,11
10(20) "Telephone bank operator" means any person who places or directs the
11placement of 50 or more substantially identical telephone calls to individuals.
AB184-ASA1, s. 2
1Section
2. 11.01 (16) (a) 3. of the statutes is created to read:
AB184-ASA1,2,82
11.01
(16) (a) 3. A communication that is made by means of one or more
3communications media or a mass mailing, or through a telephone bank operator,
4other than a communication that is exempt from reporting under s. 11.29, that is
5made during the period beginning on the 60th day preceding an election and ending
6on the date of that election and that includes a name or likeness of a candidate whose
7name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that
8election or the name of an office to be filled at that election.
AB184-ASA1, s. 3
9Section
3. 11.06 (1) (intro.) of the statutes is amended to read:
AB184-ASA1,2,1610
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2)
, (3) and
11(3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full
12reports, upon a form prescribed by the board and signed by the appropriate
13individual under sub. (5), of all contributions received, contributions or
14disbursements made, and obligations incurred. Each report shall contain the
15following information, covering the period since the last date covered on the previous
16report, unless otherwise provided:
AB184-ASA1,3,318
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
19sub. (1), if a disbursement is made or obligation incurred by an individual other than
20a candidate or by a committee or group which is not primarily organized for political
21purposes, and the disbursement does not constitute a contribution to any candidate
22or other individual, committee or group, the disbursement or obligation is required
23to be reported only if the purpose is to expressly advocate the election or defeat of a
24clearly identified candidate or the adoption or rejection of a referendum
or if the
25disbursement is made or the obligation incurred to make a communication that is
1specified in s. 11.01 (16) (a) 3. The exemption provided by this subsection shall in no
2case be construed to apply to a political party, legislative campaign, personal
3campaign or support committee.
AB184-ASA1,3,96
11.12
(4) Each registrant shall report contributions, disbursements and
7incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06
8(2)
, (3) and (3m), each report shall contain the information which is required under
9s. 11.06 (1).
AB184-ASA1,3,1411
11.24
(1v) No registrant may accept any contribution made by a committee or
12group that does not maintain an office or street address within this state at the time
13that the contribution is made unless that committee or group is registered with the
14federal election commission under
2 USC 433 (a).
AB184-ASA1,3,2316
11.60
(3s) Notwithstanding sub. (1), if any person, including any committee,
17group, or corporation, fails to register or to report a contribution, disbursement, or
18incurred obligation, makes an unlawful contribution or disbursement, or incurs an
19unlawful obligation, and the violation results from a communication made for a
20political purpose described under s. 11.01 (16) (a) 3. but not from an act for a political
21purpose described under any other provision of s. 11.01 (16), the person may be
22required to forfeit not more than 3 times the amount or value of the contribution,
23disbursement, or incurred obligation.
AB184-ASA1, s. 9
24Section
9. 11.61 (1) (a) to (c) of the statutes are amended to read:
AB184-ASA1,4,4
111.61
(1) (a)
Whoever Except as provided in par. (d), whoever intentionally
2violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or
311.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years
4and 6 months or both.
AB184-ASA1,4,95
(b)
Whoever Except as provided in par. (d), whoever intentionally violates s.
611.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not
7involve a specific figure, or where the intentional violation concerns a figure which
8exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned
9for not more than 4 years and 6 months or both.
AB184-ASA1,4,1410
(c)
Whoever Except as provided in par. (d), whoever intentionally violates any
11provision of this chapter other than those provided in par. (a) and whoever
12intentionally violates any provision under par. (b) where the intentional violation
13concerns a specific figure which does not exceed $100 in amount or value may be fined
14not more than $1,000 or imprisoned not more than 6 months or both.
AB184-ASA1,4,1716
11.61
(1) (d)
Paragraphs (a) to (c) do not apply to any violation that is
17punishable under s. 11.60 (3s).
AB184-ASA1,4,2119
(1) The treatment of sections 11.06 (1) (intro.) and (3) (b) and 11.12 (4) of the
20statutes first applies with respect to reporting periods which begin on or after the
21effective date of this subsection.
