SB12: Bill Text

SB12,61,18 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 for 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 a local referendum may be brought by the district attorney of for 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. 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. 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 for any county any part of which is contained within the jurisdiction or district in which the candidate seeks election.

SB12, s. 129 Section 129. 11.61 (1) (a) of the statutes is amended to read:

SB12,61,21 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.

SB12, s. 130 Section 130. 20.510 (1) (q) of the statutes is amended to read:

SB12,62,2 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and (cm).

SB12, s. 131 Section 131. 20.855 (4) (ba) of the statutes is created to read:

SB12,62,9 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amount required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund whenever candidates qualify to receive grants under s. 11.50 (9) no later than the time required to make payments of grants under s. 11.50 (5).

SB12, s. 132 Section 132. 25.42 of the statutes is amended to read:

SB12,62,17 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) together with all moneys reverting to the state under s. ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (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 indefinitely.

SB12, s. 133 Section 133. 71.07 (6n) of the statutes is created to read:

SB12,62,20 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB12,62,22 1. "Claimant" means an individual who makes a contribution and files a claim under this subsection.

SB12,62,25 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment created under 2005 Wisconsin Act .... (this act), section 137 (1 ).

SB12,63,4 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to the amount of those taxes, an amount equal to the claimant's contribution in the taxable year to which the claim relates.

SB12,63,6 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB12,63,8 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB12, s. 134 Section 134. 71.10 (3) (a) and (b) of the statutes are amended to read:

SB12,63,21 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 $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 the 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.

SB12,64,10 (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 place next to that place a statement that a designation will not increase tax liability. Annually on August 15, 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 during the preceding fiscal year. No later than the15th 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.

SB12, s. 135 Section 135. 71.10 (4) (ds) of the statutes is created to read:

SB12,64,12 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB12, s. 136 Section 136. 806.041 of the statutes is created to read:

SB12,64,18 806.041 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 s. 806.04 to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).

SB12, s. 137 Section 137 . Nonstatutory provisions.

SB12,65,5 (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, before January 1, 2009, supplementing the assets of the Wisconsin election campaign fund and, after December 31, 2008, supplementing the assets of the general account of that fund, and transferring those contributions, after deduction of solicitation costs, to that fund or account.

SB12,65,9 (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 created by this act.

SB12,65,14 (3) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of section 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 11.12 (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.

SB12, s. 138 Section 138. Initial applicability.

SB12,65,17 (1) Except as provided in subsection (2), this act first applies to elections held on the effective date of this subsection.

SB12,65,19 (2) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2010.

SB12,65,24 (3) The treatment of sections 71.07 (6n) and 71.10 (3) (a) and (b) and (4) (ds) of the statutes first applies to 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 taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB12, s. 139 Section 139. Effective dates. This act takes effect on January 1, 2008, or on the day after publication, whichever is later, except as follows:

SB12,66,3 (1) Section 137 (1 ) takes effect on the day after publication.

SB12,66,4 (End)