SB111: Bill Text

SB111,39,20 (b) Grants received by an eligible candidate from the general account or from the account of an eligible political party may be expended only for one or more of the following:

SB111, s. 76 Section 76. 11.50 (7) (a) to (d) of the statutes are renumbered 11.50 (7) (b) 1. to 4.

SB111, s. 77 Section 77. 11.50 (7) (c) of the statutes is created to read:

SB111,39,25 11.50 (7) (c) Grants received by an eligible political party under sub. (2s) (b) may be expended only for one or more of the following:

SB111,40,3 1. Purchase of services from a communications medium to promote the candidacy of candidates of the party generally without reference to any specific candidate of the party for state office.

SB111,40,5 2. Preparation and dissemination of sample ballots listing the names of 3 or more candidates of the party for state office.

SB111,40,7 3. Making telephone contacts with electors in which the names of 3 or more candidates of the party are mentioned.

SB111,40,8 4. Fund raising on behalf of 3 or more candidates of the party for state office.

SB111,40,10 5. Staff compensation and expenses to provide services on behalf of 3 or more candidates of the party for state office.

SB111, s. 78 Section 78. 11.50 (8) of the statutes is amended to read:

SB111,40,21 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates and that exceed the total amount of disbursements by the candidate's personal campaign committee that were made or obligated after the date of the primary election shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

SB111, s. 79 Section 79. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB111,41,10 11.50 (9) (a) 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% shall not exceed 50% of the disbursement level specified for candidates for the applicable office other than first-time candidates, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). If the combined amount otherwise payable to an eligible candidate under subs. (2s) and (4) exceeds the limitation prescribed in this paragraph, the board shall reduce the total grant available to that candidate by reducing first any amount to which the candidate would otherwise be entitled from the general account, and thereafter any amount to which the candidate would otherwise be entitled from the political party account of the candidate's political party.

SB111,41,14 (b) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and s. 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB111, s. 80 Section 80. 11.50 (11) (e) of the statutes is amended to read:

SB111,41,19 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).

SB111, s. 81 Section 81. 11.50 (11) (g) of the statutes is amended to read:

SB111,42,10 11.50 (11) (g) If any person other than a candidate or candidate's campaign treasurer violates pars. (a) to, (d) or (f), such person shall be liable to the state in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, and in addition is subject to penalties as provided in ss. 11.60 and 11.61. If any candidate violates pars. (a) to (f), the candidate shall be personally liable to the state. If any candidate's campaign treasurer violates pars. (a) to (f), the campaign treasurer and the candidate who appointed the treasurer shall be personally liable to the state. The liability may be enforced in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, or for not more than 4 times the amount by which any disbursements made by the candidate's personal campaign committee and any contributions made by the candidate to his or her own campaign exceeded the limitation prescribed in s. 11.26 (10) or the limitation prescribed in s. 11.31 (1) or (1m), or both, as adjusted under s. 11.31 (9), and in addition the candidate or treasurer, or both, are subject to penalties as provided in ss. 11.60 and 11.61.

SB111, s. 82 Section 82. 11.50 (14) of the statutes is created to read:

SB111,42,13 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB111,42,17 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

SB111,42,21 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under sub. (2s) (a).

SB111,42,25 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

SB111,43,2 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB111, s. 83 Section 83. 11.60 (4m) of the statutes is created to read:

SB111,43,5 11.60 (4m) If any candidate incurs a forfeiture under this section, the candidate is personally liable for payment of the forfeiture.

SB111, s. 84 Section 84. 11.70 of the statutes is created to read:

SB111,43,7 11.70 Political contribution refund. (1) In this section:

SB111,43,9 (a) "Certified political party" means a party whose name is certified by the board to the secretary of revenue under s. 11.50 (14) (a).

SB111,43,11 (b) "Certified eligible candidate" means a candidate whose name is certified by the board to the secretary of revenue under s. 11.50 (14) (b).

SB111,43,21 (2) Any individual who is a resident of this state and of eligible voting age and who makes any contribution or contributions of money to a certified political party or a certified eligible candidate may file a claim with the secretary of revenue requesting a refund of not more than $50 for any such contribution or contributions made in any calendar year. Two married individuals who are both residents of this state and are of eligible voting age and who make, individually or jointly, any contribution or contributions of money to a certified political party or a certified eligible candidate may file a claim with the secretary of revenue requesting a refund of not more than $100 for such contributions made, including not more than $50 for such contributions made individually by each of them, in any calendar year.

SB111,43,25 (3) The secretary of revenue shall prescribe an official refund receipt form for use under this section. The forms shall be numbered sequentially. Each individual or married couple filing a request for a refund under sub. (2) shall attach a copy of that form to the request.

SB111,44,3 (4) All information concerning the identities of individuals and married couples requesting refunds, the identities of candidates to whom contributions are made and the amounts of any contributions made is confidential.

SB111,44,6 (5) A request under this section shall be filed with the secretary of revenue no earlier than January 1 of the year in which any contributions are made for which a refund is requested and no later than April 15 of the following year.

SB111,44,9 (6) An individual may file a request under this section no more than once for any year. Married individuals may file a request under this section either individually or jointly no more than once for any year.

SB111,44,11 (7) The secretary of revenue shall make refunds under this section from the appropriation under s. 20.566 (3) (f).

SB111,44,15 (8) If the secretary of revenue makes any refund under this section later than June 15 in the year after the contribution or contributions to be refunded were made, the secretary shall pay interest on the refund at the rate provided under s. 71.82 (1) (b).

SB111,44,19 (9) No later than August 1 annually, the secretary of revenue shall submit a statement to the board summarizing the total number and the aggregate amount of refunds made on behalf of each certified political party and each certified eligible candidate during the preceding fiscal year.

SB111, s. 85 Section 85. 13.625 (1) (b) 3. of the statutes is amended to read:

SB111,44,25 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).

SB111, s. 86 Section 86. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB111,45,11 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:

SB111, s. 87 Section 87. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB111, s. 88 Section 88. 13.625 (2) of the statutes is amended to read:

SB111,45,23 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.

SB111, s. 89 Section 89. 13.625 (6) of the statutes is amended to read:

SB111,46,10 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.

SB111, s. 90 Section 90. 20.510 (1) (q) of the statutes is amended to read:

SB111,46,17 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm) and to eligible political parties whose names are certified under s. 7.08 (2) (cs) and to provide for public information under s. 11.50 (2m).

SB111, s. 91 Section 91 . 20.510 (1) (q) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB111,46,25 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm) and to eligible political parties whose names are certified under s. 7.08 (2) (cs) and to provide for public information under s. 11.50 (2m).

SB111, s. 92 Section 92. 20.566 (3) (f) of the statutes is created to read:

SB111,47,3 20.566 (3) (f) Political contribution refunds. A sum sufficient to make political contribution refunds under s. 11.70.

SB111, s. 93 Section 93. 20.855 (4) (b) of the statutes is amended to read:

SB111,47,7 20.855 (4) (b) Election campaign payments. A sum sufficient equal to 97% of the amounts determined under s. 71.10 (3) to be paid into the Wisconsin election campaign fund annually on August 15 as provided in s. 71.10 (3) (b).

SB111, s. 94 Section 94. 20.855 (4) (ba) of the statutes is created to read:

SB111,47,12 20.855 (4) (ba) Election fund annual supplement. A sum sufficient equal to $3,000,000 in each fiscal year, plus, in each fiscal year, the amounts determined by the secretary of revenue under ss. 71.80 (21) and 77.9973, to be transferred from the general fund to the Wisconsin election campaign fund annually on September 16.

SB111, s. 95 Section 95. 20.855 (4) (bb) of the statutes is created to read:

SB111,47,19 20.855 (4) (bb) Election fund special election supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates at special elections qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the special election account of the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

SB111, s. 96 Section 96. 25.42 of the statutes is amended to read:

SB111,48,2 25.42 Wisconsin election campaign 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 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.

SB111, s. 97 Section 97. 71.05 (6) (a) 21. of the statutes is created to read:

SB111,48,6 71.05 (6) (a) 21. 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.

SB111, s. 98 Section 98. 71.07 (5) (a) 8. of the statutes is created to read:

SB111,48,10 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.

SB111, s. 99 Section 99. 71.10 (3) (a) of the statutes is amended to read:

SB111,48,23 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 transfer to 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 $5 under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

SB111, s. 100 Section 100 . 71.10 (3) (b) of the statutes is amended to read:

SB111,49,15 71.10 (3) (b) The secretary of revenue shall provide a place for those designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15 The secretary shall also provide a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m). No later than the 15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year month, the amount of designations made during that month for the general account and for the account of each eligible political party and, within the account of each eligible political party, the amount designated during that month by residents of each county. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

SB111, s. 101 Section 101 . 71.10 (3) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB111,50,5 71.10 (3) (b) The secretary of revenue shall provide a place for designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. The secretary shall also provide a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m). No later than the 15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

SB111, s. 102 Section 102. 71.26 (1) (a) of the statutes is amended to read:

SB111,51,8 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.

SB111, s. 103 Section 103. 71.26 (2) (b) 1g. of the statutes is created to read:

SB111,51,15 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.

SB111, s. 104 Section 104. 71.26 (3) (e) 4. of the statutes is created to read:

SB111,51,19 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.

SB111, s. 105 Section 105. 71.34 (1) (ad) of the statutes is created to read:

SB111,51,23 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.

SB111, s. 106 Section 106. 71.45 (2) (a) 15. of the statutes is created to read:

SB111,52,3 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.

SB111, s. 107 Section 107. 71.80 (21) of the statutes is created to read:

SB111,52,12 71.80 (21) Taxability of lobbying expenses; certification. Annually no later than August 15, the secretary of revenue shall certify to the secretary of administration the amount of taxes estimated by the secretary of revenue to have been collected during the preceding 12-month period ending on June 30 as a result of the election of this state not to allow an income and franchise tax deduction for expenses under section 162 (e) (1) of the Internal Revenue Code that are deductible because of the exemption contained in section 162 (e) (5) of the Internal Revenue Code.

SB111, s. 108 Section 108. Chapter 77 (title) of the statutes is amended to read:

SB111,53,2 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; campaign treasury surplus earnings tax

SB111, s. 109 Section 109. Subchapter XIII of chapter 77 [precedes 77.997] of the statutes is created to read:

SB111,53,5 CHAPTER 77

SB111,53,8 SUBCHAPTER XIII CAMPAIGN TREASURY SURPLUS EARNINGS TAX

SB111,53,9 77.997 Definitions. In this subchapter: