SB190: Bill Text

SB190,37,5 11.50 (9) (title) Limitation on Amount of grants.

SB190, s. 89 Section 89. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB190,37,15 11.50 (9) (a) (intro.) The Except as provided in pars. (b) and (ba) and sub. (9a), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. is:

SB190,37,17 (am) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB190, s. 90 Section 90. 11.50 (9) (a) 1. to 6. of the statutes are created to read:

SB190,37,20 11.50 (9) (a) 1. For candidates for the office of governor and lieutenant governor jointly, $1,500,000.

SB190,37,21 2. For a candidate for the office of attorney general, $150,000.

SB190,37,22 3. For a candidate for the office of justice, $225,000.

SB190,37,24 4. For a candidate for the office of secretary of state, state treasurer or state superintendent, $150,000.

SB190,37,25 5. For a candidate for the office of state senator, $75,000.

SB190,38,1 6. For a candidate for the office of representative to the assembly, $37,500.

SB190, s. 91 Section 91. 11.50 (9) (b) of the statutes is created to read:

SB190,38,15 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee intends to receive or receives any contribution or contributions that are intended to be used or that are used to oppose the election of the eligible candidate who accepts a grant or to support a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount of contributions received for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c).

SB190, s. 92 Section 92. 11.50 (9) (ba) of the statutes is created to read:

SB190,39,5 11.50 (9) (ba) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (7) or (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of contributions accepted by the opposing candidate or candidates exceeding the amount specified for the office sought by the candidate or candidates under s. 11.12 (7) (a) for contributions from committees or from all contributors, or if both amounts specified in s. 11.12 (7) (a) are exceeded, an amount equal to the excess over both amounts specified, plus an additional grant in an amount equal to the total amount of obligations incurred or proposed to be incurred and disbursements proposed to be made that have not previously been reported as obligations exceeding the amount specified under s. 11.31 (1) (a) to (f) for the office which the candidate seeks, as reported by the opposing candidate under s. 11.12 (7) or (8), or both.

SB190, s. 93 Section 93. 11.50 (9a) of the statutes is created to read:

SB190,39,10 11.50 (9a) Adjustment of qualifying and grant amounts. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB190,40,2 (b) The dollar amounts of all qualifying amounts specified in sub. (2) (b) 5. and all grant amounts specified in sub. (9) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2001. For each biennium, the board shall multiply each qualifying amount and grant amount by the percentage difference in the consumer price indices. The board shall adjust each qualifying amount and grant amount to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amounts so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare and without a finding of emergency.

SB190, s. 94 Section 94. 11.50 (11) (e) of the statutes is amended to read:

SB190,40,7 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB190, s. 95 Section 95. 11.60 (3s) and (3t) of the statutes are created to read:

SB190,40,19 11.60 (3s) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers a contribution, makes a disbursement or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (f) or makes a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g) to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB190,41,2 (3t) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers one or more contributions, makes one or more disbursements or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (f) or to make a communication specified in s. 11.05 (14) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4):

SB190,41,4 (a) By more than 5% but not more than 10% cumulatively, the individual or committee shall forfeit 4 times the amount or value of the difference.

SB190,41,6 (b) By more than 10% cumulatively, the individual or committee shall forfeit 6 times the amount or value of the difference.

SB190, s. 96 Section 96. 11.61 (1) (a) of the statutes is amended to read:

SB190,41,11 11.61 (1) (a) Whoever Except as provided in par. (d), 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.

SB190, s. 97 Section 97 . 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190,41,17 11.61 (1) (a) Whoever Except as provided in par. (d), 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 for not more than 4 years and 6 months or both.

SB190, s. 98 Section 98. 11.61 (1) (b) of the statutes is amended to read:

SB190,41,23 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned not more than 3 years or both.

SB190, s. 99 Section 99 . 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190,42,5 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB190, s. 100 Section 100. 11.61 (1) (c) of the statutes is amended to read:

SB190,42,11 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.

SB190, s. 101 Section 101 . 11.61 (1) (d) of the statutes is created to read:

SB190,42,21 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a contribution, makes a disbursement or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (f) or to make a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g), to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

SB190, s. 102 Section 102. 14.58 (20) of the statutes is amended to read:

SB190,43,2 14.58 (20) Election campaign Clean government fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin election campaign clean government fund.

SB190, s. 103 Section 103. 20.510 (1) (q) of the statutes is amended to read:

SB190,43,7 20.510 (1) (q) Wisconsin election campaign Clean government fund. As a continuing appropriation, from the Wisconsin election campaign clean government fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and (cm).

SB190, s. 104 Section 104. 20.855 (4) (b) of the statutes is repealed.

SB190, s. 105 Section 105. 20.855 (4) (ba) of the statutes is created to read:

SB190,43,13 20.855 (4) (ba) Lobbying expenditure tax revenue transfer. A sum sufficient equal to the amounts determined by the secretary of revenue under s. 77.9973, to be transferred from the general fund to the clean government fund annually on September 16.

SB190, s. 106 Section 106. 20.855 (4) (bb) of the statutes is created to read:

SB190,43,19 20.855 (4) (bb) Clean government fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the clean government fund, to be transferred from the general fund to the clean government fund no later than the time required to make payments of grants under s. 11.50 (5).

SB190, s. 107 Section 107. 25.17 (1) (ys) of the statutes is amended to read:

SB190,43,21 25.17 (1) (ys) Wisconsin election campaign Clean government fund (s. 25.42);

SB190, s. 108 Section 108. 25.42 of the statutes is amended to read:

SB190,44,3 25.42 Wisconsin election campaign Clean government fund. All moneys appropriated under s. 20.855 (4) (b) (ba) and (bb) together with 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 clean government 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.

SB190, s. 109 Section 109. 71.10 (3) of the statutes is repealed.

SB190, s. 110 Section 110. Chapter 77 (title) of the statutes is amended to read:

SB190,44,18 CHAPTER 77 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; TEMPORARY RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; lobbying expenditure tax

SB190, s. 111 Section 111. Subchapter XIII of chapter 77 [precedes 77.997] of the statutes is created to read:

SB190,44,21 CHAPTER 77

SB190,44,23 SUBCHAPTER XIII lobbying expenditure TAX

SB190,44,25 77.997 Definition. In this subchapter, "lobbying expenditure" has the meaning given under s. 13.62 (10r).

SB190,45,5 77.9971 Imposition. A tax is imposed on every person, except an organization described in section 501 (c) (3) of the Internal Revenue Code, that is exempt from federal income taxation under section 501 (a) of the Internal Revenue Code and a governmental unit, as defined in s. 281.65 (2) (am), at the rate of 10% on lobbying expenditures that are reportable to the ethics board under s. 13.68 (1).

SB190,45,7 77.9972 Administration. (1) The department of revenue shall levy, enforce and collect the tax under this subchapter.

SB190,45,9 (2) The tax under this subchapter and a completed return prescribed by the department of revenue are due on March 1 and September 1.

SB190,45,12 (3) Sections 77.59 (1) to (6), (8) and (8m), 77.60 (1) to (7), (9) and (10), 77.61 (5) and (12) to (14) and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter.

SB190,45,16 77.9973 Certification. Annually no later than September 15, the secretary of revenue shall certify to the secretary of administration the amount of taxes collected under this subchapter for the preceding 12-month period ending on June 30.

SB190, s. 112 Section 112. Nonstatutory provisions.

SB190,45,23 (1) Notwithstanding section 990.01 (11) of the statutes, if a court finds that all or any portion of section 11.01 (16) (a) 3., 11.12 (6) (c) or 11.50 (9) (b) of the statutes, as created by this act, or section 11.06 (2) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (16) (a) 3., 11.12 (6) (c) and 11.50 (9) (b) of the statutes, as created by this act, and the treatment of section 11.06 (2) of the statutes by this act are void in their entirety.

SB190, s. 113 Section 113. Initial applicability.

SB190,46,3 (1) The treatment of sections 11.12 (7) (d), 11.26 (10a), 11.31 (9) and 11.50 (9a) of the statutes first applies to adjustments for the biennium beginning on January 1, 2002.

SB190,46,6 (2) The treatment of subchapter XIII of chapter 77 of the statutes first applies to lobbying expenditures made during the 6-month period ending on December 31, 2000.

SB190, s. 114 Section 114. Effective dates. This act takes effect on the day after publication, except as follows:

SB190,46,10 (1) The treatment of sections 11.61 (1) (a) (by Section 97 ) and 11.61 (1) (b) (by Section 99) of the statutes takes effect on December 31, 1999.

SB190,46,11 (End)