Amendment ASA1-SB2

LRBs0057/1

JTK&RJM:all:jf

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 2

March 7, 2001 - Offered by Representatives Freese and Gundrum.

SB2-ASA1,1,6 An Act to repeal 11.06 (3) (b) and 11.38 (2) (c); to amend 11.06 (1) (intro.), 11.06 (2), 11.12 (4), 11.38 (title), 11.38 (1) (a) and (2) (b) and 11.38 (3) to (5) and (8); and to create 11.01 (13) and (20), 11.01 (16) (a) 3. and 11.24 (1v) of the statutes; relating to: acceptance of contributions, the scope of regulation, prohibited contributions and disbursements, and reporting of information by nonresident registrants under the campaign finance law and making an appropriation.

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

SB2-ASA1, s. 1 Section 1. 11.01 (13) and (20) of the statutes are created to read:

SB2-ASA1,1,9 11.01 (13) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

SB2-ASA1,1,11 (20) "Telephone bank operator" means any person who places or directs the placement of 50 or more substantially identical telephone calls to individuals.

SB2-ASA1, s. 2 Section 2. 11.01 (16) (a) 3. of the statutes is created to read:

SB2-ASA1,2,7 11.01 (16) (a) 3. A communication that is made by means of one or more communications media or a mass mailing, or through a telephone bank operator, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election and that includes a name or likeness of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election or the name of an office to be filled at that election.

SB2-ASA1, s. 3 Section 3. 11.06 (1) (intro.) of the statutes is amended to read:

SB2-ASA1,2,15 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB2-ASA1, s. 4 Section 4. 11.06 (2) of the statutes is amended to read:

SB2-ASA1,3,2 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum or if the disbursement is made or the obligation incurred to make a communication that is specified in s. 11.01 (16) (a) 3. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB2-ASA1, s. 5 Section 5. 11.06 (3) (b) of the statutes is repealed.

SB2-ASA1, s. 6 Section 6. 11.12 (4) of the statutes is amended to read:

SB2-ASA1,3,8 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

SB2-ASA1, s. 7 Section 7. 11.24 (1v) of the statutes is created to read:

SB2-ASA1,3,13 11.24 (1v) No registrant may accept any contribution made by a committee or group that does not maintain an office or street address within this state at the time that the contribution is made unless that committee or group is registered with the federal election commission under 2 USC 433 (a).

SB2-ASA1, s. 8 Section 8. 11.38 (title) of the statutes is amended to read:

SB2-ASA1,3,16 11.38 (title) Contributions and disbursements by corporations and, cooperatives, and labor organizations.

SB2-ASA1, s. 9 Section 9. 11.38 (1) (a) and (2) (b) of the statutes are amended to read:

SB2-ASA1,3,22 11.38 (1) (a) 1. No foreign or domestic corporation, or association organized under ch. 185, or labor organization, may make any contribution or disbursement, directly or indirectly, either independently or through any political party, committee, group, candidate or individual for any purpose other than to promote or defeat a referendum.

SB2-ASA1,4,14 2. Notwithstanding subd. 1., any such corporation or , association, or labor organization may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or, association, or labor organization for the purpose of supporting or opposing any candidate for state or local office but the corporation or , association, or labor organization may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or, association, or labor organization engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation, association, or labor organization not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

SB2-ASA1,4,17 3. No corporation or, association, or labor organization specified in subd. 1. may expend more than a combined total of $500 annually for solicitation of contributions to a fund established under subd. 2. or to a conduit.

SB2-ASA1,4,22 (2) (b) This section does not prohibit the publication of periodicals by a corporation or a, cooperative, or labor organization in the regular course of its affairs which advise the members, shareholders or subscribers of the disadvantages or advantages to their interests of the election to office of persons espousing certain measures, without reporting such activity.

SB2-ASA1, s. 10 Section 10. 11.38 (2) (c) of the statutes is repealed.

SB2-ASA1, s. 11 Section 11. 11.38 (3) to (5) and (8) of the statutes are amended to read:

SB2-ASA1,5,3 11.38 (3) A violation of this section by an officer or employee of a corporation, association, or labor organization is prima facie evidence of a violation by the corporation, association, or labor organization.

SB2-ASA1,5,5 (4) Any corporation, association, or labor organization which violates this section shall forfeit double the amount of any penalty assessed under s. 11.60 (3).

SB2-ASA1,5,11 (5) An action against a corporation, association, or labor organization pursuant to a violation of this section may be brought either in the circuit court for the county in which the registered office or principal place of business of the corporation, association, or labor organization is located, or in the circuit court for the county in which the violation is alleged to have occurred. The proceedings may be brought by the district attorney of either such county, by the attorney general or by the board.

SB2-ASA1,5,15 (8) (a) A corporation or, association organized under ch. 185, or labor organization which accepts contributions or makes disbursements for the purpose of influencing the outcome of a referendum is a political group and shall comply with s. 11.23 and other applicable provisions of this chapter.

SB2-ASA1,6,3 (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or, association organized under ch. 185, or labor organization shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or , association, or labor organization under s. 11.05 shall designate an account separate from all other corporation or, association, or labor organization accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or , association, or labor organization shall file periodic reports under s. 11.20 providing the information required under s. 11.06 (1).

SB2-ASA1,6,6 (c) Expenditures by a corporation or, association, or labor organization to establish and administer a campaign depository account of a political group need not be made through the depository account and need not be reported.

SB2-ASA1, s. 12 Section 12. Appropriation changes.

SB2-ASA1,6,14 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $67,400 for fiscal year 2001-02 and the dollar amount is increased by $67,400 for fiscal year 2002-03 to increase the authorized FTE positions for the elections board by 1.0 GPR position and to provide for supporting expenses and to provide for limited term staffing needs for the purpose of implementing this act.

SB2-ASA1, s. 13 Section 13. Initial applicability.

SB2-ASA1,6,18 (1) The treatment of sections 11.06 (1) (intro.) and (3) (b) and 11.12 (4) of the statutes first applies with respect to reporting periods which begin on or after the effective date of this subsection.

SB2-ASA1,6,19 (End)