SB46: Bill Text

SB46,81,22 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB46,81,23 1. "Claimant" means an individual who makes a contribution.

SB46,82,3 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment, the creation of which is described in 2005 Wisconsin Act .... (this act), section 178 (1).

SB46,82,7 (b) Filing claims. Subject to the limitations and conditions provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, for the taxable year to which the income tax return relates, an amount equal to the claimant's contribution.

SB46,82,9 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB46,82,11 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB46, s. 165 Section 165. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 166 Section 166. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,2 71.10 (3) Campaign. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $5 for transfer to the Wisconsin election campaign fund. 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 $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.

SB46,83,12 (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. 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), the designation is void.

SB46,83,14 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

SB46, s. 167 Section 167. 71.10 (4) (ds) of the statutes is created to read:

SB46,83,16 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB46, s. 168 Section 168. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 169 Section 169. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,25 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication 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).

SB46, s. 170 Section 170. 2001 Wisconsin Act 109, section 9115 (2v), (2w) and (2x) are repealed.

SB46, s. 171 Section 171. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 172 Section 172. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

SB46, s. 173 Section 173. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

SB46, s. 174 Section 174. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

SB46, s. 175 Section 175. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

SB46, s. 176 Section 176. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

SB46, s. 177 Section 177. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 178 Section 178 . Nonstatutory provisions.

SB46,84,22 (1) Public Integrity Endowment. The executive director of the elections board shall prepare and file articles of incorporation for the incorporation under chapter 181 of the statutes of an organization to be known as the "Public Integrity Endowment." The executive director shall ensure that the organization is structured so that it will qualify as a nonprofit organization, as defined in section 108.02 (19) of the statutes. The executive director shall specify in the articles of incorporation that the sole purpose of the foundation shall be to solicit contributions for the purpose of supplementing the assets of the Wisconsin election campaign fund and, after December 31, 2006, to the general account of that fund, and transferring those contributions, after deduction of solicitation costs, to that fund or account.

SB46,85,2 (2) Wisconsin election campaign fund balance transfer. The balance in the Wisconsin election campaign fund on the effective date of this subsection is credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as affected by this act.

SB46,85,8 (3) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of section 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) or (8), 11.26 (8m), or 11.50 (9) (ba) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) and (8), 11.26 (8m), and 11.50 (9) (ba) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB46,85,12 (4) Nonseverability of 2001 Wisconsin Act 109 provisions. The repeal of 2001 Wisconsin Act 109, section 9115 (2y) by this act does not affect the validity or invalidity of any provision specified in that subsection under any court decision issued before the effective date of this subsection.

SB46, s. 179 Section 179. Initial applicability.

SB46,85,15 (1) Except as provided in subsection (2), this act first applies to elections held on the effective date of this subsection.

SB46,85,17 (2) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2008.

SB46,85,22 (3) The treatment of sections 71.07 (6n) and 71.10 (3) (a) and (4) (ds) of the statutes first applies to claims filed for taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB46, s. 180 Section 180. Effective dates. This act takes effect on January 1, 2006, or on the day after publication, whichever is later, except as follows:

SB46,86,1 (1) Section 178 (1 ) takes effect on the day after publication.

SB46,86,2 (End)