11.50 (2) (j) If a candidate who applies for a grant has accepted, or the candidate's personal campaign committee has accepted, any contributions from committees other than political party committees during the campaign for the office that the candidate seeks, except as authorized in the candidate's statement under par. (a), the candidate, before accepting a grant whenever the full amount of the grant authorized under sub. (9) is available to the candidate, shall return the contributions or their monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund or, if the full amount of the grant authorized under sub. (9) is not available to the candidate, shall return or donate sufficient contributions, if any, so that the contributions accepted do not exceed the amount authorized under sub. (2) (a).
109,1ufv
Section 1ufv. 11.50 (2m) of the statutes is created to read:
11.50 (2m) Public information account. (a) Annually no later than September 1, the board may notify the state treasurer that an amount not exceeding 1% of the amount transferred to the fund in that year shall be placed in a public information account. The amount shall be drawn from the general account and from each political party account in proportion to each account's share of designations credited under s. 71.10 (3) (b) in that year. Moneys in the public information account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and s. 71.10 (3).
(b) The board shall provide the department of revenue with an easily understood description of the purpose and effect of this section and s. 71.10 (3) for use as required under s. 71.10 (3) (b).
(c) Any amount placed in the public information account under par. (a) that is not expended by the board in any year shall be retained in that account.
109,1ufw
Section 1ufw. 11.50 (2s) of the statutes is created to read:
11.50 (2s) Political party accounts. (a) The state chairperson of each eligible political party may, by written request to the board, provide for the establishment or discontinuance of an account within the fund for that political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (am).
(b) Within each political party account, 45% of the moneys designated for crediting to the account under s. 71.10 (3) (a) shall be retained by the board for use in making grants to eligible candidates of that party under sub. (4), and 55% of the moneys received shall be disbursed by the board to the eligible political party for use by the party in making contributions to eligible candidates of that party authorized under par. (f).
(c) Whenever an eligible candidate representing an eligible political party is eligible to receive a grant from the general account under sub. (4), the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant. From the moneys available in a political party account, the state treasurer shall make payments of grants to candidates in the following sequence:
1. First, payment to candidates for legislative office.
2. Second, payment to candidates for the office of governor.
3. Third, payment to candidates for other state offices.
(d) The board shall certify to the state treasurer that an eligible political party qualifies to receive a grant for an election under this subsection whenever at least one eligible candidate of that party qualifies to receive a grant under sub. (2) for that election.
(e) Each eligible political party that receives a grant under this section shall maintain all grant moneys received in a segregated account. All moneys in that account and any earnings on those moneys may be used by that party only to make contributions under par. (f) to candidates of that party who qualify for a grant under sub. (2). Within that account, the party shall establish 3 subaccounts. The party shall deposit 45% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for the office of senator, 45% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for the office of representative to the assembly, and 10% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for other state offices. The political party shall maintain documentation for a period and in a form that is satisfactory to the board for the purpose of verifying that all moneys in the account are used for a purpose authorized under this section. The political party shall promptly transfer to the board the full amount of any unencumbered moneys in the account if the political party ceases to be an eligible political party.
(f) 1. If a report filed under s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then an eligible political party may make contributions to each eligible opposing candidate from the applicable account established under par. (e) in the amounts determined by the party, but the total of such contributions to the candidate may not exceed the total amount by which the combined total of such disbursements exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m).
2. If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then an eligible political party may make contributions to the candidate from the applicable account established under par. (e) in the amounts determined by the party, but the total of such contributions to the candidate may not exceed the total amount of the disbursements and obligations reported under s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ending with the 31st day preceding that election, together with the total amount of the proposed disbursements and obligations reported under s. 11.12 (6) (c), minus any contributions accepted by the candidate under s. 11.26 (9m) and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
(g) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.
109,1ufx
Section 1ufx. 11.50 (2w) of the statutes is created to read:
11.50 (2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (am), all moneys transferred to that account under sub. (2s) (g), and all moneys exceeding the disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9), and all moneys deposited in the fund under subs. (2s) (e), (8), and (10m) and ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), 11.26 (1t) and (2t), and 11.38 (6).
109,1ufy
Section 1ufy. 11.50 (3) of the statutes is repealed.
109,1ufz
Section 1ufz. 11.50 (4) of the statutes is repealed and recreated to read:
11.50 (4) Apportionment of moneys in general account. (a) After transfer of the amount specified by the board under sub. (2m), the board shall apportion the remaining moneys in the general account in the manner specified in this subsection.
(b) Prior to payment of any grants at an election for a partisan state office, the board shall reserve an amount equal to the amount of the disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (3p), for the office sought by each eligible candidate other than a candidate who qualifies to receive a grant under sub. (2).
(bg) If a report filed under s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by any eligible opposing candidate, other than a candidate who qualifies to receive a grant under sub. (2s) (c), the board shall make a supplemental grant from the reserve under par. (b) to the eligible opposing candidate in an amount equal to the lesser of the following:
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
2. The total amount by which the combined total of all such disbursements that exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
(br) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office, other than a candidate who qualifies to receive a grant under sub. (2s) (c), or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by the candidate, the board shall make a supplemental grant from the reserve under par. (b) to that candidate in an amount equal to the lesser of the following:
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b).
2. The total amount by which the disbursements, proposed disbursements, and obligations exceed the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b), and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
(c) The state treasurer shall make payment of grants to eligible candidates at an election in the following sequence:
1. First, the state treasurer shall make payment of grants to candidates for the office of justice in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
2. Second, the state treasurer shall make payment of grants to candidates for partisan state offices other than candidates of eligible political parties.
3. Third, the state treasurer shall make payment of the amount required to equalize payments of grants to all candidates for the same office who have received grants from a political party account, and shall prorate the payments of candidates who receive lower amounts from a political party account if insufficient moneys are available to fully equalize the amounts of grants received by all candidates for the same office.
4. Fourth, the state treasurer shall make payment of the remaining amount, if any, required to enable all eligible candidates to receive the full amount of the grant to which they are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
5. Fifth, the state treasurer shall make payment of grants to candidates for the office of state superintendent in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
109,1uga
Section 1uga. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended to read:
11.50 (5) (a) The state treasurer shall make the disbursements of grants under sub. (4) to the campaign depository account of each eligible candidate under subs. (3) and (4) and each eligible political party under sub. (2s) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).
(b) Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.
109,1ugb
Section 1ugb. 11.50 (6) of the statutes is amended to read:
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 candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.
109,1ugc
Section 1ugc. 11.50 (7) (intro.) of the statutes is amended to read:
11.50 (7) Utilization. (intro.) Grants distributed under this section and contributions received from a political party under sub. (2s) (f) may be utilized only for deposit in a campaign depository account under s. 11.10. Grants and contributions received from a political party under sub. (2s) (f) may be expended only for one or more of the following:
109,1ugd
Section 1ugd. 11.50 (8) of the statutes is amended to read:
11.50 (8) Lapsing grants. All grants disbursed to eligible candidates under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys received by an eligible candidate that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a an eligible candidate that are received 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.
109,1uge
Section 1uge. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:
11.50 (9) (a) The Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for the office of governor may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% 35% of the disbursement level specified for the applicable office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).
(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 exceeded and any violation is reported.
(d) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.
109,1ugf
Section 1ugf. 11.50 (9) (b) of the statutes is created to read:
11.50 (9) (b) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for any other state office may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 40% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9).
109,1ugg
Section 1ugg. 11.50 (10) of the statutes is repealed.
109,1ugh
Section 1ugh. 11.50 (10m) of the statutes is amended to read:
11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement affidavit filed under s. 11.31 (2m) (a) and the candidate's statement filed under sub. (2) (a).
109,1ugi
Section 1ugi. 11.50 (11) (e) of the statutes is amended to read:
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 in the affidavit required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).
109,1ugj
Section 1ugj. 11.50 (14) of the statutes is created to read:
11.50 (14) Certifications to secretary of revenue. (a) No later than July 1 of each year, the board shall certify to the secretary of revenue:
1. The name of each political party that qualifies under sub. (1) (am) 2. 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).
2. The name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the date of the preceding general election.
(b) In each certification under this subsection, the board shall specify the expiration date of the certification.
109,1ugk
Section 1ugk. 11.60 (3r) of the statutes is created to read:
11.60 (3r) Notwithstanding sub. (1), any committee who violates s. 11.12 (6) (am) or (c) may be required to forfeit not more than $500 for each day of continued violation. If an amount of a disbursement or obligation reported under s. 11.12 (6) (am) or (c) varies from the actual amount of the disbursement or obligation by greater than 5%, the committee filing the report shall also be required to forfeit the total amount of the actual disbursement or obligation.
109,1ugL
Section 1ugL. 11.60 (4) of the statutes is amended to read:
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. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein 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 employee at the time of appointment.
109,2
Section 2. 11.61 (1) (a) of the statutes is amended to read:
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 for not more than 4 years and 6 months or both is guilty of a Class I felony.
109,2d
Section 2d. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.
109,3
Section 3. 11.61 (1) (b) of the statutes is amended to read:
11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if 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.
109,4
Section 4. 12.60 (1) (a) of the statutes is amended to read:
12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.
109,5
Section 5. 13.05 of the statutes is amended to read:
13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.
109,6
Section 6. 13.06 of the statutes is amended to read:
13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq) and
, (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of electronic government administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.
13.101 (16) (b) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the tobacco control fund the lesser of $25,000,000 or 8.5% of the market value of the investments in the permanent endowment fund on June 1 in that year the proceeds of, and investment earnings on, investments of the permanent endowment fund in the prior calendar year.
109,8
Section 8. 13.525 of the statutes is created to read:
13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:
(a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.
(b) The attorney general or his or her designee.
(c) The secretary of corrections or his or her designee.
(d) The state public defender or his or her designee.
(e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.
