AB936: Bill Text

AB936,28,25 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5. or (bm) 1., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementa ry information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candi date's next report under s. 11.20.

AB936,29,4 (d) For purposes of qualification under par. (b) 4. and 5. or (bm), the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomi nation occurs.

AB936, s. 37 Section 37. 11.50 (2) (f) of the statutes is amended to read:

AB936,29,12 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who ap plies for a postelection grant under sub. (1) (a) 2., the board shall inform the candi date in writing of the conditional approval or disapproval of the candidate's applica tion at the same time.

AB936, s. 38 Section 38. 11.50 (2) (i) of the statutes is amended to read:

AB936,29,25 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring elec tion or a special nonpartisan any election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a prima ry was held, and in either case if any such opponent of the eligible candidate who does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution li mitations prescribed in s. 11.26 (10) and the disbursement limitation prescribed un der s. 11.31, unless each such opponent files an affidavit of voluntary compliance un der s. 11.31 (2m).

AB936, s. 39 Section 39. 11.50 (2m) of the statutes is created to read:

AB936,30,6 11.50 (2m) Public Information. (a) Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section.

AB936,30,10 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of s. 71.10 (3) and this section. The department of revenue shall include and highlight the description in its income tax preparation instructions relating to s. 71.10 (3).

AB936,30,12 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

AB936, s. 40 Section 40. 11.50 (3) (a) (intro.) of the statutes is amended to read:

AB936,30,16 11.50 (3) (a) (intro.) Annually on August 15, Immediately after apportionment under sub. (2m), the state treasurer shall annually apportion all moneys appro priated to the fund shall be apportioned as follows by the state treasurer:

AB936, s. 41 Section 41. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

AB936,30,21 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the follow ing year, 8% of the fund shall be placed in a superintendency account. From this ac count, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

AB936,30,25 2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

AB936, s. 42 Section 42. 11.50 (4) (c), (cm) and (d) of the statutes are amended to read:

AB936,31,8 11.50 (4) (c) The legislative and special election campaign account shall be di vided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be appor tioned between all eligible candidates for the same office in the entire state, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2. No apportionment shall be made by legislative dis trict.

AB936,31,18 (cm) Each Except as provided in subs. (2) (bm) and (9) (b), each eligible candi date for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candi date for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient mo neys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

AB936,31,23 (d) Within Except as provided in sub. (9) (b), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2.

AB936, s. 43 Section 43. 11.50 (6) of the statutes is amended to read:

AB936,32,5 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candi date may accept under sub. (9), more than the amount for which the candidate quali fies under sub. (2) (bm), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB936, s. 44 Section 44. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB936,32,16 11.50 (9) (a) The Except as provided in par. (b), the total grant available to an eligible candidate may not exceed that amount which, when added to all other con tributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level speci fied for candidates for the applicable office other than candidates challenging incum bent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For the purposes of this paragraph, all contributions transferred to the candidate by a conduit shall be considered to have been accepted from a source other than an individual, political party committee or legislative campaign committee.

AB936,32,20 (c) 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 ex ceeded and any violation is reported. No candidate or campaign treasurer may ac cept grants exceeding the amount authorized by this subsection.

AB936, s. 45 Section 45. 11.50 (9) (b) of the statutes is created to read:

AB936,33,3 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more eligible candidates in the election who does not accept a grant under this sec tion, the total grant available to the eligible candidate shall be increased by an amount equal to 45% of the disbursement level specified for candidates for the appli cable office other than candidates challenging incumbent officeholders, as deter mined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

AB936, s. 46 Section 46. 11.60 (1) of the statutes is amended to read:

AB936,33,7 11.60 (1) Any Except as provided in sub. (3m), any person, including any com mittee or group, who or which violates this chapter may be required to forfeit not more than $500 for each violation.

AB936, s. 47 Section 47. 11.60 (3m) of the statutes is created to read:

AB936,33,14 11.60 (3m) Any person, including any committee or group, who or which vio lates s. 11.095 in respect to any telephone communication in which the caller engages in persuasive telephoning shall forfeit $1,000, or $1 for each such telephone commu nication with an individual that is subject to disclosure under s. 11.095 which the person fails to disclose under that section within the time prescribed under that sec tion, whichever is greater.

AB936, s. 48 Section 48. 11.61 (1) (a) of the statutes is amended to read:

AB936,33,18 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.

AB936, s. 49 Section 49. 13.62 (11p) of the statutes is renumbered 11.01 (13).

AB936, s. 50 Section 50. 13.62 (11r) of the statutes is renumbered 11.01 (14).

AB936, s. 51 Section 51. 13.625 (1) (b) 3. of the statutes is amended to read:

AB936,34,2 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a any 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) authorized under ch. 11.

AB936, s. 52 Section 52. 13.625 (1) (c) of the statutes is renumbered 11.24 (2) and is amended to read:

AB936,34,13 11.24 (2) Except as permitted in this subsection, no lobbyist, as defined in s. 13.62 (11), may 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 nation al, 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 commit tee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

AB936,34,16 (a) A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.

AB936,34,18 (b) A campaign contribution by a lobbyist to the lobbyist's campaign for parti san elective state office may be made at any time.

AB936, s. 53 Section 53. 13.625 (2), (3), (6) and (6r) of the statutes are amended to read:

AB936,34,24 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c), except that a principal may make any campaign contribution authorized under ch. 11. This subsection does not apply to the furnishing of transportation, lodg ing, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

AB936,35,6 (3) No candidate for an elective state office, elective state official, agency offi cial or legislative employe of the state may solicit or accept anything of pecuniary val ue from a lobbyist or principal, except as permitted under subs. (1) (b) 3. and (c), (2), (4), (5), (6), (7), (8) and (9). No personal campaign committee of a candidate for state office may accept anything of pecuniary value from a lobbyist or principal, except as permitted for such a candidate under subs. (1) (b) 3. and (c), (2) and (6).

AB936,35,11 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of any thing 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 individu al, nor to the receipt of anything of pecuniary value by that relative or individual re siding in the same household as the individual.

AB936,35,21 (6r) Subsections (1) (b) and (c) and (3) do not apply to the furnishing of anything of pecuniary value by a lobbyist or principal to an employe of that lobbyist or princi pal who is a legislative official or an agency official solely because of membership on a state commission, board, council, committee or similar body if the thing of pecuni ary value is not in excess of that customarily provided by the employer to similarly situated employes and if the legislative official or agency official receives no com pensation for his or her services other than a per diem or reimbursement for actual and necessary expenses incurred in the performance of his or her duties, nor to the receipt of anything of pecuniary value by that legislative official or agency official un der those circumstances.

AB936, s. 54 Section 54. 13.625 (10) of the statutes is created to read:

AB936,35,25 13.625 (10) This section does not apply to the solicitation, acceptance or fur nishing of anything of pecuniary value relating to campaign financing activities gov erned by ch. 11.

AB936, s. 55 Section 55. 13.69 (6) of the statutes is amended to read:

AB936,36,4 13.69 (6) Any candidate for an elective state office, elective state official, agency official or legislative employe of the state who, or any personal campaign committee which, violates s. 13.625 (3) may be required to forfeit not more than $1,000.

AB936, s. 56 Section 56. 20.005 (3) (schedule) of the statutes: at the appropriate place, in sert the following amounts for the purposes indicated: - See PDF for table

AB936, s. 57 Section 57. 20.510 (1) (b) of the statutes is created to read:

AB936,36,10 20.510 (1) (b) Campaign financing. The amounts in the schedule to be trans ferred to the Wisconsin election campaign fund annually on August 1 to provide for payments to eligible candidates certified under s. 7.08 (2) (c).

AB936, s. 58 Section 58. 20.510 (1) (q) of the statutes is amended to read:

AB936,36,16 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropri ation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).

AB936, s. 59 Section 59. 20.855 (4) (bm) of the statutes is created to read:

AB936,37,2 20.855 (4) (bm) Election campaign payments. The amounts in the schedule to be transferred to the Wisconsin election campaign fund annually on August 1.

AB936, s. 60 Section 60. 25.42 of the statutes is amended to read:

AB936,37,10 25.42 Wisconsin election campaign fund. All moneys appropriated under s. ss. 20.510 (1) (b) and 20.855 (4) (b) and (bm) together with all moneys credited un der s. 11.19 (1), (1m) and (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 indefinite ly.

AB936, s. 61 Section 61. 71.05 (6) (a) 21. of the statutes is created to read:

AB936,37,13 71.05 (6) (a) 21. Any amount deducted under section 162 (e) (1) of the internal revenue code.

AB936, s. 62 Section 62. 71.07 (5) (a) 7. of the statutes is created to read:

AB936,37,15 71.07 (5) (a) 7. Expenses under section 162 (e) (1) of the internal revenue code.

AB936, s. 63 Section 63. 71.10 (3) (a) of the statutes is amended to read:

AB936,37,21 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 $3 for the Wisconsin election campaign fund for the use of eligible candidates 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 $3 under this subsection.

AB936, s. 64 Section 64. 71.26 (1) (a) of the statutes is amended to read:

AB936,38,17 71.26 (1) (a) Certain corporations. Income of corporations organized under ch. 185 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 in come as defined in section 512 of the internal revenue code, of all religious, scientific, educational, benevolent or other corporations or associations of individuals not orga nized or conducted for pecuniary profit. In computing unrelated business taxable in come for the purposes of this paragraph, the expenses identified in section 162 (e) (1) 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 associa tions. 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 deposi tory 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 cred it union's gross annual income for the taxable year multiplied by a fraction, the nu merator 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 bal ance of all deposits in the credit union during the taxable year.

AB936, s. 65 Section 65. 71.26 (2) (b) 1g. of the statutes is created to read:

AB936,38,23 71.26 (2) (b) 1g. In computing the net income under this paragraph of a corpora tion, conduit or common law trust which qualifies as a regulated investment compa ny, real estate mortgage investment conduit or real estate investment trust, ex penses identified in section 162 (e) (1) of the internal revenue code may not be deducted.

AB936, s. 66 Section 66. 71.26 (3) (em) of the statutes is created to read:

AB936,39,3 71.26 (3) (em) Section 162 (relating to trade or business expenses) is modified so that expenses identified in section 162 (e) (1) of the internal revenue code may not be deducted.

AB936, s. 67 Section 67. 71.34 (1) (ad) of the statutes is created to read:

AB936,39,6 71.34 (1) (ad) The expenses identified in section 162 (e) (1) of the internal reve nue code may not be deducted.

AB936, s. 68 Section 68. 71.45 (2) (a) 14. of the statutes is created to read:

AB936,39,9 71.45 (2) (a) 14. By adding to federal taxable income the amount of any ex penses deducted under section 162 (e) (1) of the internal revenue code.

AB936, s. 69 Section 69. Initial applicability.

AB936,39,12 (1)  Except as provided in subsections (2) and (3) , this act first applies to elec tions held on January 1, 1997.

AB936,39,16 (2)  The treatment of sections 11.50 (2m) and (6), 71.05 (6) (a) 21., 71.07 (5) (a) 7., 71.10 (3) (a), 71.26 (1) (a), (2) (b) 1g. and (3) (em), 71.34 (1) (ad) and 71.45 (2) (a) 14. of the statutes first applies to tax returns for taxable years beginning on January 1, 1996.

AB936,39,18 (3)  The treatment of section 11.31 (9) of the statutes first applies to adjustment of disbursement limitations for the biennium beginning on January 1, 1997.

AB936,39,19 (End)