SENATE AMENDMENT 5,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 104
January 29, 2002 - Offered by Senators Plache and Robson.
SB104-SSA1-SA5,1,11 At the locations indicated, amend the substitute amendment as follows:
SB104-SSA1-SA5,1,3 21. Page 2, line 11: after "financing," insert "official action in return for
3providing or withholding political contributions, services, or other things of value,".
SB104-SSA1-SA5,1,5 53. Page 2, line 15: after "appropriations" insert ", and providing a penalty".
SB104-SSA1-SA5,1,6 64. Page 32, line 17: after that line insert:
SB104-SSA1-SA5,1,7 7" Section 67m. 11.25 (2) (b) of the statutes is amended to read:
SB104-SSA1-SA5,2,88 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions
9and make disbursements from a campaign depository account for the purpose of
10making expenditures in connection with a campaign for national office; for payment
11of civil penalties incurred by the registrant under this chapter but not under any
12other chapter
; or for payment of the expenses of nonpartisan campaigns to increase

1voter registration or participation. Notwithstanding par. (a), a personal campaign
2committee or support committee may accept contributions and make disbursements
3from a campaign depository account for payment of inaugural expenses of an
4individual who is elected to state or local office. If such expenses are paid from
5contributions made to the campaign depository account, they are reportable under
6s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s.
711.06 (1). If contributions from the campaign depository account are used for such
8expenses, they are subject to s. 11.26.".
SB104-SSA1-SA5,2,9 95. Page 53, line 3: after that line insert:
SB104-SSA1-SA5,2,10 10" Section 124b. 19.42 (3m), (4g) and (4r) of the statutes are created to read:
SB104-SSA1-SA5,2,1211 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given
12in s. 11.01 (1).
SB104-SSA1-SA5,2,14 13(4g) "Clearly identified," when used in reference to a communication
14containing a reference to a person, means one of the following:
SB104-SSA1-SA5,2,1515 (a) The person's name appears.
SB104-SSA1-SA5,2,1616 (b) A photograph or drawing of the person appears.
SB104-SSA1-SA5,2,1717 (c) The identity of the person is apparent by unambiguous reference.
SB104-SSA1-SA5,2,22 18(4r) "Communication" means a message transmitted by means of a printed
19advertisement, billboard, handbill, sample ballot, radio or television advertisement,
20telephone call, or any medium that may be utilized for the purpose of disseminating
21or broadcasting a message, but not including a poll conducted solely for the purpose
22of identifying or collecting data concerning the attitudes or preferences of electors.
SB104-SSA1-SA5, s. 124d 23Section 124d. 19.45 (13) of the statutes is created to read:
SB104-SSA1-SA5,3,10
119.45 (13) No state public official holding an elective office may, directly or by
2means of an agent, give, or offer or promise to give, or withhold, or offer or promise
3to withhold, his or her vote or influence, or promise to take or refrain from taking
4official action with respect to any proposed or pending matter in consideration of, or
5upon condition that, any other person make or refrain from making a political
6contribution, or provide or refrain from providing any service or other thing of value,
7to or for the benefit of a candidate, a political party, any other person who is subject
8to a registration requirement under s. 11.05, or any person making a communication
9that contains a reference to a clearly identified state public official holding an
10elective office or to a candidate for state public office.
SB104-SSA1-SA5, s. 124f 11Section 124f. 19.49 (1m) of the statutes is created to read:
SB104-SSA1-SA5,3,1612 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during
13the period beginning 120 days before a general or spring election, or during the
14period commencing on the date of the order of a special election under s. 8.50, and
15ending on the date of that election, against a candidate who files a declaration of
16candidacy to have his or her name appear on the ballot at that election.
SB104-SSA1-SA5, s. 124h 17Section 124h. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and
18amended to read:
SB104-SSA1-SA5,3,2119 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any
20complaint which that is filed later than 3 years after a violation of this subchapter
21or subch. III of ch. 13 is alleged to have occurred.
SB104-SSA1-SA5, s. 124k 22Section 124k. 19.49 (5) (b) of the statutes is created to read:
SB104-SSA1-SA5,3,2523 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint
24alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
25a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
SB104-SSA1-SA5, s. 124m
1Section 124m. 19.53 (6) of the statutes is amended to read:
SB104-SSA1-SA5,4,182 19.53 (6) An order requiring the accused to forfeit not more than $500 for each
3violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of
4any other provision of this subchapter, or not more than the applicable amount
5specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board
6determines that the accused has realized economic gain as a result of the violation,
7an the board may, in addition, order requiring the accused to forfeit the amount
8gained as a result of the violation. In addition, if the board determines that a state
9public official has violated s. 19.45 (13), the board may order the official to forfeit an
10amount equal to the amount or value of any political contribution, service, or other
11thing of value that was wrongfully obtained. If the board determines that a state
12public official has violated s. 19.45 (13) and no political contribution, service or other
13thing of value was obtained, the board may order the official to forfeit an amount
14equal to the maximum contribution authorized under s. 11.26 (1) for the office held
15or sought by the official, whichever amount is greater
. The attorney general, when
16so requested by the board, shall institute proceedings to recover any forfeiture
17incurred under this section or s. 19.545 which is not paid by the person against whom
18it is assessed.
SB104-SSA1-SA5, s. 124p 19Section 124p. 19.535 of the statutes is created to read:
SB104-SSA1-SA5,5,4 2019.535 Direct enforcement. If the board refuses or otherwise fails to
21authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13)
22within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13),
23the person making the complaint may bring an action to recover the forfeiture under
24s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such
25actions, the court may award actual and necessary costs of prosecution, including

1reasonable attorney fees, to the relator if he or she prevails, but any forfeiture
2recovered shall be paid to the state. If the court finds in any such action that the
3cause of action was frivolous as provided in s. 814.025, the court shall award costs
4and fees to the defendant under that section.
SB104-SSA1-SA5, s. 124r 5Section 124r. 19.59 (1) (br) of the statutes is created to read:
SB104-SSA1-SA5,5,156 19.59 (1) (br) No local public official holding an elective office may, directly or
7by means of an agent, give, or offer or promise to give, or withhold, or offer or promise
8to withhold, his or her vote or influence, or promise to take or refrain from taking
9official action with respect to any proposed or pending matter in consideration of, or
10upon condition that, any other person make or refrain from making a political
11contribution, or provide or refrain from providing any service or other thing of value,
12to or for the benefit of a candidate, a political party, any other person who is subject
13to a registration requirement under s. 11.05, or any person making a communication
14that contains a reference to a clearly identified local public official holding an elective
15office or to a candidate for local public office.
SB104-SSA1-SA5, s. 124t 16Section 124t. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and
17amended to read:
SB104-SSA1-SA5,5,2218 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not
19more than $1,000 for each violation, and, if the court determines that the accused has
20violated sub. (1) (br), the court may, in addition, order the accused to forfeit an
21amount equal to the amount or value of any political contribution, service, or other
22thing of value that was wrongfully obtained
.
SB104-SSA1-SA5, s. 124v 23Section 124v. 19.59 (7) (b) of the statutes is created to read:
SB104-SSA1-SA5,6,424 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not
25more than $1,000 for each violation, and, if the court determines that a local public

1official has violated sub. (1) (br) and no political contribution, service or other thing
2of value was obtained, the court may, in addition, order the accused to forfeit an
3amount equal to the maximum contribution authorized under s. 11.26 (1) for the
4office held or sought by the official, whichever amount is greater.
SB104-SSA1-SA5, s. 124x 5Section 124x. 19.59 (8) (c) of the statutes is amended to read:
SB104-SSA1-SA5,6,106 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub.
7(1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the
8district attorney refuses to commence such an action, the person making the
9complaint may petition the attorney general to act upon the complaint. The attorney
10general may then bring an action under par. (a) or (b), or both.
SB104-SSA1-SA5, s. 124z 11Section 124z. 19.59 (8) (cm) and (cn) of the statutes are created to read:
SB104-SSA1-SA5,6,1612 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed
13during the period beginning 120 days before a general or spring election, or during
14the period commencing on the date of the order of a special election under s. 8.50, and
15ending on the date of that election, against a candidate who files a declaration of
16candidacy to have his or her name appear on the ballot at that election.
SB104-SSA1-SA5,7,217 (cn) If the district attorney refuses or otherwise fails to commence an action to
18enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a
19violation of sub. (1) (br), the person making the complaint may bring an action to
20recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf,
21of the state. In such actions, the court may award actual and necessary costs of
22prosecution, including reasonable attorney fees, to the relator if her or she prevails,
23but any forfeiture recovered shall be paid to the state. If the court finds in any such

1action that the cause of action was frivolous as provided in s. 814.025, the court shall
2award costs and fees to the defendant under that section.".
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