Amendment SA6-SB40

LRBa1112/1

JTK:nwn:rs

2009 - 2010 LEGISLATURE

SENATE AMENDMENT 6, TO 2009 SENATE BILL 40

November 5, 2009 - Offered by Senator Ellis.

SB40-SA6,1,1 At the locations indicated, amend the bill as follows:

SB40-SA6,1,2 1. Page 4, line 15: after that line insert:

SB40-SA6,1,3 " Section 1g. 11.001 (1m) of the statutes is created to read:

SB40-SA6,1,10 11.001 (1m) The legislature finds and declares that the function of judges and justices, who must independently apply the law, is fundamentally distinct from that of elective legislative and executive branch officials who take positions on issues that are influenced by, and represent the will of, their constituencies. The legislature therefore finds that because it is improper for a mass communication to seek to persuade a judge or justice to take a position on an issue, any such communication should be deemed to have been made for a political purpose.

SB40-SA6, s. 1r Section 1r. 11.01 (16) (a) 4. of the statutes is created to read:

SB40-SA6,2,2 11.01 (16) (a) 4. A mass communication that refers to a judicial office and either focuses on and takes a position for or against a judicial candidate's position on an issue or takes a position on that judicial candidate's character, qualifications, or fitness for office.".

SB40-SA6,2,3 2. Page 7, line 9: after that line insert:

SB40-SA6,2,4 " Section 13m. 11.38 (1m) of the statutes is created to read:

SB40-SA6,2,11 11.38 (1m) No corporation or association specified in sub. (1) (a) 1. may make a disbursement for the purpose of making a mass communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, and that refers to a judicial office and either focuses on and takes a position for or against a judicial candidate's position on an issue or takes a position on that judicial candidate's character, qualifications, or fitness for office.".

SB40-SA6,2,12 (End)