Amendment SSA1-SB7

SB7-SSA1,44,5 (3p) Notwithstanding sub. (1), if an individual who or committee which is required to file a report under s. 11.12 (6) files a report under that subsection which understates the amount of a disbursement made or obligation incurred by the individual or committee in support of or in opposition to any candidate by more than 5% of the amount reported under that subsection, the individual or committee shall forfeit an amount equal to treble the difference between the amount of the disbursement actually made or the obligation actually incurred and the amount reported.

SB7-SSA1, s. 101 Section 101. 11.60 (4) of the statutes is amended to read:

SB7-SSA1,44,20 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB7-SSA1, s. 102 Section 102. 11.61 (1) (a) of the statutes is amended to read:

SB7-SSA1,44,24 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned not more than 3 years or both.

SB7-SSA1, s. 103 Section 103. 11.61 (1) (d) of the statutes is created to read:

SB7-SSA1,45,2 11.61 (1) (d) Any treasurer of a committee or group which violates s. 11.095 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB7-SSA1, s. 104 Section 104. 11.61 (1) (e) of the statutes is created to read:

SB7-SSA1,45,9 11.61 (1) (e) Any treasurer of a committee which is required to file a report under s. 11.12 (6) and which files a report under that subsection which overstates or understates the amount of a disbursement made or obligation incurred by the committee in support of or in opposition to any candidate by more than 5% of the amount reported under that subsection may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB7-SSA1, s. 105 Section 105. 13.14 (3) of the statutes is amended to read:

SB7-SSA1,45,15 13.14 (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators and research staff assigned to legislative committees and party caucuses incident to attending meetings outside the capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b).

SB7-SSA1, s. 106 Section 106. 13.20 (1) of the statutes is amended to read:

SB7-SSA1,45,23 13.20 (1) Number and pay range of legislative employes. The legislature or either house thereof may employ under the unclassified service such policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and such clerical, professional or other assistants as in the judgment of the joint committee on legislative organization or the committee on organization in each house are necessary to enable it to perform its functions and duties and to best serve the people of this state.

SB7-SSA1, s. 107 Section 107. 13.625 (1) (b) 3. of the statutes is amended to read:

SB7-SSA1,46,5 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB7-SSA1, s. 108 Section 108. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB7-SSA1,46,16 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

SB7-SSA1, s. 109 Section 109. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB7-SSA1, s. 110 Section 110. 13.625 (2) of the statutes is amended to read:

SB7-SSA1,47,3 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB7-SSA1, s. 111 Section 111. 13.625 (6) of the statutes is amended to read:

SB7-SSA1,47,14 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB7-SSA1, s. 112 Section 112. 15.07 (1) (a) 2. of the statutes is repealed.

SB7-SSA1, s. 113 Section 113. 15.07 (3) (a) of the statutes is amended to read:

SB7-SSA1,47,23 15.07 (3) (a) If a department or independent agency is under the direction and supervision of a board, the board shall meet quarterly and at other times required by law, and may meet at other times on the call of the chairperson or a majority of its members. If a department or independent agency is under the direction and supervision of a board, the board shall, in addition, meet no later than August 31 of each even-numbered year to consider and approve a proposed budget of the department or independent agency for the succeeding fiscal biennium.

SB7-SSA1, s. 114 Section 114. 15.61 of the statutes is amended to read:

SB7-SSA1,48,13 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be 6 members appointed by the governor for 2-year 6-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election. No member may hold any other office or employment in the government of this state or any political subdivision thereof or in any department. No member, for one year immediately prior to the date of appointment, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization or a candidate for any partisan elective public office.

SB7-SSA1, s. 115 Section 115. 19.42 (10) (a) of the statutes is repealed.

SB7-SSA1, s. 116 Section 116. 20.510 (1) (d) of the statutes is created to read:

SB7-SSA1,48,21 20.510 (1) (d) Election campaign fund supplement. A sum sufficient to supplement the Wisconsin election campaign fund for the purpose of enabling all eligible candidates and political party committees to receive the maximum grant for which the candidates and committees qualify under s. 11.50 (9), to be transferred to the Wisconsin election campaign fund no later than the time required to enable timely payments to be made under s. 11.50 (5).

SB7-SSA1, s. 117 Section 117. 20.510 (1) (i) of the statutes is created to read:

SB7-SSA1,48,25 20.510 (1) (i) Electronic filing software. All moneys received from registrants who purchase software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16), for the purpose of providing that software.

SB7-SSA1, s. 118 Section 118. 20.510 (1) (q) of the statutes is amended to read:

SB7-SSA1,49,6 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates and political party committees whose names are certified under s. 7.08 (2) (c), (cm) and (cn) and to provide for public information as authorized under s. 11.50 (2m).

SB7-SSA1, s. 119 Section 119. 20.923 (6) (h) of the statutes is amended to read:

SB7-SSA1,49,10 20.923 (6) (h) Legislature: policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and other persons employed under s. 13.20.

SB7-SSA1, s. 120 Section 120. 25.42 of the statutes is amended to read:

SB7-SSA1,49,18 25.42 Wisconsin election campaign fund. All moneys appropriated under s. ss. 20.510 (1) (d) and 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), (1m) and (6), 11.23 (2) and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB7-SSA1, s. 121 Section 121. 70.11 (intro.) of the statutes is amended to read:

SB7-SSA1,50,5 70.11 Property exempted from taxation. (intro.) The property described in this section is exempted from general property taxes; except that, if the owner of the property, either by itself or by means of an affiliate or agent, violates s. 11.095, that property is taxable for 10 years beginning on the January 1 after the violation. Leasing a part of the property described in this section does not render it taxable if the lessor uses all of the leasehold income for maintenance of the leased property, construction debt retirement of the leased property or both and if the lessee would be exempt from taxation under this chapter if it owned the property. Any lessor who claims that leased property is exempt from taxation under this chapter shall, upon request by the tax assessor, provide records relating to the lessor's use of the income from the leased property. Property exempted from general property taxes is:

SB7-SSA1, s. 122 Section 122. 71.05 (6) (a) 20. of the statutes is created to read:

SB7-SSA1,50,9 71.05 (6) (a) 20. Any amount deducted under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB7-SSA1, s. 123 Section 123. 71.07 (5) (a) 8. of the statutes is created to read:

SB7-SSA1,50,13 71.07 (5) (a) 8. Expenses under section 162 (e) (1) of the Internal Revenue Code that are deductible because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB7-SSA1, s. 124 Section 124. 71.10 (3) (a) of the statutes is amended to read:

SB7-SSA1,50,19 71.10 (3) (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 $5 for the Wisconsin election campaign fund for the use of eligible candidates and political party committees under s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 $5 under this subsection.

SB7-SSA1, s. 125 Section 125. 71.26 (1) (intro.) of the statutes is amended to read:

SB7-SSA1,50,23 71.26 (1) Exempt and excludable income. (intro.) There Except as provided in sub. (1g), there shall be exempt from taxation under this subchapter income as follows:

SB7-SSA1, s. 126 Section 126. 71.26 (1) (a) of the statutes is amended to read:

SB7-SSA1,52,2 71.26 (1) (a) Certain corporations. Income of corporations organized under ch. 185, except income of a cooperative sickness care association organized under s. 185.981, or of a service insurance corporation organized under ch. 613, that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), or operating under subch. I of ch. 616 which are bona fide cooperatives operated without pecuniary profit to any shareholder or member, or operated on a cooperative plan pursuant to which they determine and distribute their proceeds in substantial compliance with s. 185.45, and the income, except the unrelated business taxable income as defined in section 512 of the internal revenue code and except income that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), of all religious, scientific, educational, benevolent or other corporations or associations of individuals not organized or conducted for pecuniary profit. In computing unrelated business taxable income for the purposes of this paragraph, the expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted. This paragraph does not apply to the income of savings banks, mutual loan corporations or savings and loan associations. This paragraph applies to the income of credit unions except to the income of any credit union that is derived from public deposits for any taxable year in which the credit union is approved as a public depository under ch. 34 and acts as a depository of state or local funds under s. 186.113 (20). For purposes of this paragraph, the income of a credit union that is derived from public deposits is the product of the credit union's gross annual income for the taxable year multiplied by a fraction, the numerator of which is the average monthly balance of public deposits in the credit union during the taxable year, and the denominator of which is the average monthly balance of all deposits in the credit union during the taxable year.

SB7-SSA1, s. 127 Section 127. 71.26 (1g) of the statutes is created to read:

SB7-SSA1,52,7 71.26 (1g) Loss of exemption. If any corporation that is exempt under sub. (1), either by itself or by means of an affiliate or agent, violates s. 11.095, that corporation's exemption is revoked for ten taxable years, beginning with the taxable year during which the violation occurs.

SB7-SSA1, s. 128 Section 128. 71.26 (2) (b) 1g. of the statutes is created to read:

SB7-SSA1,52,14 71.26 (2) (b) 1g. In computing the net income under this paragraph of a corporation, conduit or common law trust that qualifies as a regulated investment company, real estate mortgage investment conduit or real estate investment trust, expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB7-SSA1, s. 129 Section 129. 71.26 (3) (e) 4. of the statutes is created to read:

SB7-SSA1,52,18 71.26 (3) (e) 4. So that expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB7-SSA1, s. 130 Section 130. 71.34 (1) (ad) of the statutes is created to read:

SB7-SSA1,52,22 71.34 (1) (ad) The expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB7-SSA1, s. 131 Section 131. 71.45 (1) of the statutes is amended to read:

SB7-SSA1,53,15 71.45 (1) Exempt and excludable income. There Except as provided in sub. (1g), there shall be exempt from taxation under this subchapter income of insurers exempt from federal income taxation pursuant to section 501 (c) (15) of the internal revenue code, town mutuals organized under or subject to ch. 612, foreign insurers, and domestic insurers engaged exclusively in life insurance business, domestic insurers insuring against financial loss by reason of nonpayment of principal, interest and other sums agreed to be paid under the terms of any note or bond or other evidence of indebtedness secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real estate and corporations organized under ch. 185, but not including income of cooperative sickness care associations organized under s. 185.981, or of a service insurance corporation organized under ch. 613, that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), or operating under subch. I of ch. 616 which are bona fide cooperatives operated without pecuniary profit to any shareholder or member, or operated on a cooperative plan pursuant to which they determine and distribute their proceeds in substantial compliance with s. 185.45.

SB7-SSA1, s. 132 Section 132. 71.45 (1g) of the statutes is created to read:

SB7-SSA1,53,20 71.45 (1g) Loss of exemption. If any insurer that is exempt under sub. (1), either by itself or by means of an affiliate or agent, violates s. 11.095, that insurer's exemption is revoked for 10 taxable years, beginning with the taxable year during which the violation occurs.

SB7-SSA1, s. 133 Section 133. 71.45 (2) (a) 15. of the statutes is created to read:

SB7-SSA1,53,24 71.45 (2) (a) 15. By adding to federal taxable income the amount of any expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB7-SSA1, s. 134 Section 134. 230.08 (2) (f) of the statutes is amended to read:

SB7-SSA1,54,3 230.08 (2) (f) All legislative officers and, in addition, policy research personnel, assistants to legislators, research staff assigned to legislative committees and party caucuses and other persons employed under s. 13.20.

SB7-SSA1, s. 135 Section 135. 806.04 (11m) of the statutes is created to read:

SB7-SSA1,54,10 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate or broadcast, or cause to be published, disseminated or broadcast any communication, or who proposes to retain any person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2) or (2g).

SB7-SSA1, s. 136 Section 136. Nonstatutory provisions.

SB7-SSA1,54,21 (1) Initial terms of office. The members of the elections board who are serving on the effective date of this subsection may continue to hold office until all members of the elections board who are initially appointed under this act are nominated by the governor and with the advice and consent of the senate appointed and qualified, at which time the members who are serving on the effective date of this subsection shall cease to hold office. Notwithstanding section 15.61 of the statutes, as affected by this act, of the members of the elections board who are initially appointed under this act, the governor shall designate 2 members to serve for terms expiring on May 1, 1999, 2 members to serve for terms expiring on May 1, 2001, and 2 members to serve for terms expiring on May 1, 2003.

SB7-SSA1,54,22 (2) Elimination of partisan caucus staffs.

SB7-SSA1,54,25 (a) The authorized FTE positions for the assembly, funded from the appropriation under section 20.765 (1) (a) of the statutes, are decreased by 30.0 GPR positions on July 1, 1998, to eliminate staffing of party caucuses.

SB7-SSA1,55,3 (b) The authorized FTE positions for the senate, funded from the appropriation under section 20.765 (1) (b) of the statutes, are decreased by 24.0 GPR positions on July 1, 1998, to eliminate staffing of party caucuses.

SB7-SSA1, s. 137 Section 137. Initial applicability.

SB7-SSA1,55,6 (1) Except as provided in subsections (2) to (4 ), this act first applies to elections held on January 1, 1998, or the day after publication, whichever is later.

SB7-SSA1,55,9 (2)  The treatment of sections 11.21 (16) and 20.510 (1) (i) of the statutes first applies with respect to campaign finance reports that are required to be filed after June 30, 1999.

SB7-SSA1,55,13 (3) The treatment of sections 11.50 (2m), 71.05 (6) (a) 20., 71.07 (5) (a) 8., 71.10 (3) (a), 71.26 (1) (a), (2) (b) 1g. and (3) (e) 4., 71.34 (1) (ad) and 71.45 (2) (a) 15. of the statutes first applies to tax returns for taxable years beginning on the January 1 following the effective date of this subsection.

SB7-SSA1,55,15 (4) The treatment of section 11.31 (9) of the statutes first applies to adjustment of disbursement limitations for the biennium beginning on January 1, 1999.

SB7-SSA1, s. 138 Section 138. Effective dates. This act takes effect on the day after publication, except as follows:

SB7-SSA1,55,19 (1) The treatment of section 11.20 (10) (a) of the statutes takes effect on July 1, 1998.

SB7-SSA1,55,21 (2) The treatment of sections 13.14 (3), 13.20 (1), 20.923 (6) (h) and 230.08 (2) (f) of the statutes takes effect on July 1, 1998.

SB7-SSA1,55,23 (3) The treatment of section 20.510 (1) (d) of the statutes takes effect on January 1, 1999.

SB7-SSA1,55,24 (End)