Amendment ASA1-AB682

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 682

January 8, 2002 - Offered by Representatives Gundrum and Travis.

AB682-ASA1,1,6 An Act to renumber and amend 19.49 (5) and 19.59 (7); to amend 11.25 (2) (b), 19.53 (6) and 19.59 (8) (c); and to create 19.42 (3m), (4g) and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b) and 19.59 (8) (cm) and (cn) of the statutes; relating to: official action in return for providing or withholding political contributions, services, or other things of value and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB682-ASA1, s. 1 Section 1. 11.25 (2) (b) of the statutes is amended to read:

AB682-ASA1,2,8 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB682-ASA1, s. 2 Section 2. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB682-ASA1,2,11 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB682-ASA1,2,13 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB682-ASA1,2,14 (a) The person's name appears.

AB682-ASA1,2,15 (b) A photograph or drawing of the person appears.

AB682-ASA1,2,16 (c) The identity of the person is apparent by unambiguous reference.

AB682-ASA1,2,21 (4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB682-ASA1, s. 3 Section 3. 19.45 (13) of the statutes is created to read:

AB682-ASA1,3,7 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB682-ASA1, s. 4 Section 4. 19.49 (1m) of the statutes is created to read:

AB682-ASA1,3,13 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB682-ASA1, s. 5 Section 5. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB682-ASA1,3,18 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB682-ASA1, s. 6 Section 6. 19.49 (5) (b) of the statutes is created to read:

AB682-ASA1,3,22 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB682-ASA1, s. 7 Section 7. 19.53 (6) of the statutes is amended to read:

AB682-ASA1,4,14 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no thing of value was obtained by the official, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB682-ASA1, s. 8 Section 8. 19.535 of the statutes is created to read:

AB682-ASA1,4,25 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB682-ASA1, s. 9 Section 9. 19.59 (1) (br) of the statutes is created to read:

AB682-ASA1,5,11 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB682-ASA1, s. 10 Section 10. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB682-ASA1,5,18 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB682-ASA1, s. 11 Section 11. 19.59 (7) (b) of the statutes is created to read:

AB682-ASA1,5,25 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no thing of value was obtained by the official, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB682-ASA1, s. 12 Section 12. 19.59 (8) (c) of the statutes is amended to read:

AB682-ASA1,6,6 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB682-ASA1, s. 13 Section 13. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB682-ASA1,6,12 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB682-ASA1,6,21 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB682-ASA1,6,22 (End)