Amendment SA4-AB40

LRBb1404/1

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2011 - 2012 LEGISLATURE

SENATE AMENDMENT 4, TO 2011 ASSEMBLY BILL 40

June 16, 2011 - Offered by Senators C. Larson, Risser, S. Coggs, Holperin, Taylor, Erpenbach, Hansen, Miller, Wirch, T. Cullen, Vinehout, Carpenter, Jauch and Lassa.

AB40-SA4,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB40-SA4,1,3 1. Page 9, line 2: after that line insert:

AB40-SA4,1,4 " Section 11b. 11.001 (1m) of the statutes is created to read:

AB40-SA4,1,11 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.

AB40-SA4, s. 11ba Section 11ba. 11.01 (12v) of the statutes is created to read:

AB40-SA4,2,5 11.01 (12v) "Mass communication" means a message that is disseminated by means of one or more communications media, a mass electronic communication, a mass distribution, or a mass telephoning, but not including a bona fide poll conducted for the purpose of objectively identifying or collecting data concerning the attitudes or preferences of electors.

AB40-SA4, s. 11bc Section 11bc. 11.01 (12w) of the statutes is created to read:

AB40-SA4,2,8 11.01 (12w) "Mass distribution" means the distribution of 50 or more pieces of substantially identical material.

AB40-SA4, s. 11bd Section 11bd. 11.01 (13) of the statutes is created to read:

AB40-SA4,2,12 11.01 (13) "Mass electronic communication" means the transmission of 50 or more pieces of substantially identical material by means of electronic mail or facsimile transmission.

AB40-SA4, s. 11be Section 11be. 11.01 (14) of the statutes is created to read:

AB40-SA4,2,15 11.01 (14) "Mass telephoning" means the making of 50 or more telephone calls conveying a substantially identical message.

AB40-SA4, s. 11bf Section 11bf. 11.01 (16) (a) 3. of the statutes is created to read:

AB40-SA4,2,23 11.01 (16) (a) 3. A mass communication, 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 reference to 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, a reference to an office to be filled at that election, or a reference to a political party under whose name the names of one or more candidates appear on the ballot at that election.

AB40-SA4, s. 11bg Section 11bg. 11.01 (16) (a) 4. of the statutes is created to read:

AB40-SA4,3,4 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.

AB40-SA4, s. 11bh Section 11bh. 11.05 (3) (s) of the statutes is created to read:

AB40-SA4,3,10 11.05 (3) (s) In the case of a registrant that has made a mass communication identified in s. 11.01 (16) (a) 3. or 4., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.".

AB40-SA4,3,11 2. Page 9, line 12: after that line insert:

AB40-SA4,3,12 " Section 11d. 11.06 (2) of the statutes is amended to read:

AB40-SA4,3,23 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, and the disbursement is not made or the obligation is not incurred for the purpose of making a mass communication specified in s. 11.01 (16) (a) 3., 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. 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.".

AB40-SA4,3,24 3. Page 9, line 21: after that line insert:

AB40-SA4,4,1 " Section 11k. 11.12 (7) of the statutes is created to read:

AB40-SA4,4,22 11.12 (7) If any registrant makes or incurs an obligation to make a disbursement of more than $500 cumulatively for the purpose of making a communication specified in s. 11.02 (16) (a) 3. or 4. later than 60 days prior to a primary or other election without cooperation or consultation with any candidate or agent or authorized committee of any candidate who is supported or opposed, and not in concert with or at the request or suggestion of any such candidate, agent, or committee, the registrant shall, within 24 hours after making the disbursement or incurring the obligation to make the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The registrant shall also include the information in the next regular report of the registrant under s. 11.20. For purposes of this subsection, disbursements and obligations cumulate beginning with the day after the last date covered on the registrant's immediately preceding report and ending with the day before the election. If a registrant has not filed a previous report, disbursements and obligations cumulate beginning on the date of the registrant's registration. A disbursement that was previously reported in a report under this subsection as obligated to be made shall not be included in the cumulative total. Upon receipt of a report under this subsection, the filing officer shall, within 24 hours of receipt, transmit a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made or obligated to be made.".

AB40-SA4,4,23 4. Page 15, line 8: delete lines 8 to 10 and substitute:

AB40-SA4,4,24 " Section 19m. 13.099 (1) (a) of the statutes is amended to read:

AB40-SA4,5,2 13.099 (1) (a) "Department" "Authority" means the department of commerce Wisconsin Housing Economic Development Authority.".

AB40-SA4,5,3 5. Page 15, line 13: delete "16.302" and substitute " 234.5602".

AB40-SA4,5,5 6. Page 15, line 17: on lines 17, 18 and 20, delete "department" and substitute "department authority".

AB40-SA4,5,6 7. Page 15, line 20: after that line insert:

AB40-SA4,5,7 " Section 22m. 13.099 (2) (b) of the statutes is amended to read:

AB40-SA4,5,12 13.099 (2) (b) A bill that requires a report by the department authority under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department authority.

AB40-SA4, s. 24g Section 24g. 13.099 (3) (title) of the statutes is amended to read:

AB40-SA4,5,15 13.099 (3) (title) Findings of the department authority to be contained in the report.

AB40-SA4, s. 24r Section 24r. 13.099 (3) (a) (intro.) of the statutes is amended to read:

AB40-SA4,5,19 13.099 (3) (a) (intro.) The report of the department authority shall contain information about the effect of the bill on housing in this state, including information on the effect of the bill on all of the following:".

AB40-SA4,5,20 8. Page 15, line 22: delete "16.301" and substitute " 234.5601".

AB40-SA4,5,21 9. Page 15, line 22: after that line insert:

AB40-SA4,5,22 " Section 25m. 13.099 (4) of the statutes is amended to read:

AB40-SA4,5,24 13.099 (4) Rule-making authority Rules. The department authority may promulgate adopt any rules necessary for the administration of this section.".

AB40-SA4,6,1 10. Page 19, line 7: after that line insert:

AB40-SA4,6,2 " Section 50m. 13.48 (14) (b) of the statutes is amended to read:

AB40-SA4,6,11 13.48 (14) (b) Subject to par. (d) and s. 20.932, the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under s. 66.0703 (6).".

AB40-SA4,6,12 11. Page 22, line 21: after that line insert:

AB40-SA4,6,13 " Section 62g. 13.62 (7) of the statutes is created to read:

AB40-SA4,6,16 13.62 (7) "Grass roots lobbying" means paid advertising and other activities for the purpose of urging members of the general public to attempt to influence legislative or administrative action.

AB40-SA4, s. 62h Section 62h. 13.621 (1) (b) of the statutes is amended to read:

AB40-SA4,6,21 13.621 (1) (b) Except as provided in s. ss. 13.682 and 13.68 (1) (a) 5., news or feature reporting, paid advertising activities or editorial comment by working members of the press, and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station or television station.

AB40-SA4, s. 62i Section 62i. 13.621 (2) of the statutes is amended to read:

AB40-SA4,7,2 13.621 (2) State agency lobbying activities. An agency which files a statement under s. 13.695 and an official of the agency who is named in the statement are not subject to s. 13.625, 13.63, 13.64, 13.65 or, 13.68, or 13.682 except as provided in s. 13.695.

AB40-SA4, s. 62j Section 62j. 13.621 (3) of the statutes is amended to read:

AB40-SA4,7,6 13.621 (3) Performance of public official duties. An elective state official, local official, tribal official, or employee of the legislature is not subject to s. 13.63, 13.64, 13.65, 13.68, 13.682, or 13.695 when acting in an official capacity.".

AB40-SA4,7,7 12. Page 23, line 2: after that line insert:

AB40-SA4,7,8 " Section 63g. 13.682 of the statutes is created to read:

AB40-SA4,7,18 13.682 Grass roots lobbying. (1) Any person other than a principal who makes expenditures or incurs obligations in an aggregate amount exceeding $500 in a calendar year for the purpose of engaging in grass roots lobbying shall, within 10 days after exceeding $500, cause to be filed with the board a registration statement in the form prescribed by the board specifying the person's name, address, the general areas of legislative and administrative action the person is attempting to influence, the names of any agencies in which the person seeks to influence administrative action, and information sufficient to identify the nature and interest of the person. The registration shall expire on December 31 of each even-numbered year.

AB40-SA4,8,2 (2) No later than the end of the 15th day after the date on which a person who is required to register under sub. (1) makes an expenditure or incurs an obligation for the purpose of grass roots lobbying, the person shall report to the board, in the manner prescribed by the board, each legislative proposal, budget bill subject, other legislative topic, and proposed rule that is the subject of the grass roots lobbying and that was not identified by the person in a previous report during the same biennial period ending on December 31 of each even-numbered year.

AB40-SA4,8,9 (3) Every person who causes to be disseminated any printed advertisement, billboard communication, or television, radio, or other electronic advertisement or communication that constitutes grass roots lobbying shall ensure that the source of the advertisement or communication clearly appears thereon. The person shall also ensure that each such advertisement or communication is identified by the words "Paid for by" followed by the name of the person making the payment, incurring the obligation, or assuming responsibility for the advertisement or communication.

AB40-SA4,8,16 (4) Every person who is required to register under sub. (1) shall, on or before July 31 and January 31, file with the board, in the manner prescribed by the board, an expense statement covering the preceding reporting period. The statement shall contain the aggregate expenditures made and obligations incurred by the person for the purpose of grass roots lobbying for each legislative proposal, budget bill subject, other legislative topic, and proposed administrative rule that was the subject of grass roots lobbying by the person.

AB40-SA4, s. 63h Section 63h. 13.685 (1) of the statutes is amended to read:

AB40-SA4,8,21 13.685 (1) The board shall prescribe forms and instructions for preparing and filing license applications under s. 13.63 (1), registration applications under s. ss. 13.64 and 13.682 (1) and the statements required under ss. 13.68, 13.682 (4), and 13.695.

AB40-SA4, s. 63i Section 63i. 13.685 (2) of the statutes is amended to read: