SB221: Bill Text

SB221,82,2 (2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board, or knowingly conceals or withholds information from the board, that person is guilty of a Class G felony.

SB221,82,6 11.522 Contributions to nonparticipating candidates; attributions. (1) A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign.

SB221,82,11 (2) In addition to the attribution required under s. 11.30 (2), any electronic or print communication paid for or authorized by a nonparticipating candidate shall contain the following sentence: "This communication is paid for with money raised from private sources. This candidate has not agreed to abide by campaign contribution and spending limits."

SB221, s. 149 Section 149. 11.60 (3s) and (3u) of the statutes are created to read:

SB221,82,19 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, makes a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that disbursement, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4) and 11.21 (16), the candidate or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB221,82,24 (3u) Notwithstanding sub. (1), if any person, including any candidate or committee to whom s. 11.12 (6) (c) or (8) applies, makes any disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) in an amount or value that differs from the amount reported by that person under s. 11.12 (6) (c) or (8), 11.20 (3) or (4), or 11.21 (16):

SB221,83,2 (a) By more than 5 percent but not more than 10 percent cumulatively, the person shall forfeit 4 times the amount or value of the difference.

SB221,83,4 (b) By more than 10 percent but not more than 15 percent cumulatively, the person shall forfeit 6 times the amount or value of the difference.

SB221,83,6 (c) By more than 15 percent cumulatively, the person shall forfeit 8 times the amount of the difference.

SB221, s. 150 Section 150. 11.60 (4) of the statutes is amended to read:

SB221,83,14 11.60 (4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081, actions under this section or s. 11.517 may be brought by the board or by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

SB221, s. 151 Section 151. 11.61 (1) (a) of the statutes is amended to read:

SB221,83,17 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.

SB221, s. 152 Section 152. 11.61 (2) of the statutes is amended to read:

SB221,83,25 11.61 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081, all prosecutions under this section or s. 11.518 shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

SB221, s. 153 Section 153. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB221, s. 154 Section 154. 20.511 (1) (q) of the statutes is amended to read:

SB221,84,7 20.511 (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).

SB221, s. 155 Section 155. 20.511 (1) (r) of the statutes is created to read:

SB221,84,10 20.511 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.

SB221, s. 156 Section 156. 20.585 (1) (q) of the statutes is created to read:

SB221,84,14 20.585 (1) (q) Public financing benefits; candidates for justice. From the democracy trust fund, a sum sufficient to provide for payment of public financing benefits to eligible candidates under ss. 11.501 to 11.522.

SB221, s. 157 Section 157. 20.585 (1) (r) of the statutes is created to read:

SB221,85,3 20.585 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.

SB221, s. 158 Section 158. 20.855 (4) (b) of the statutes is amended to read:

SB221,85,8 20.855 (4) (b) Election campaign fund payments. A sum sufficient equal to one-third of the amounts determined designated under s. 71.10 (3) for the general account of the Wisconsin election campaign fund to be paid into the Wisconsin election campaign fund annually on August 15.

SB221, s. 159 Section 159. 20.855 (4) (ba) of the statutes is created to read:

SB221,85,15 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).

SB221, s. 160 Section 160. 20.855 (4) (bb) of the statutes is created to read:

SB221,85,20 20.855 (4) (bb) Democracy trust fund payments. A sum sufficient equal to two-thirds of the amounts designated under s. 71.10 (3) for the general account of the Wisconsin election campaign fund to be paid into the democracy trust fund annually on August 15.

SB221, s. 161 Section 161. 20.855 (4) (bc) of the statutes is created to read:

SB221,86,3 20.855 (4) (bc) Democracy trust fund transfer. A sum sufficient equal to the difference between the unencumbered balance in the democracy trust fund and the sum of the amounts appropriated under ss. 20.511 (1) (r) and 20.585 (1) (r) and the amounts required to provide public financing benefits that candidates qualify to receive from the democracy trust fund, to be transferred from the general fund to the democracy trust fund no later than the time required to make payments of grants under s. 11.51 (2) and (3).

SB221, s. 162 Section 162. 25.17 (1) (cm) of the statutes is created to read:

SB221,86,5 25.17 (1) (cm) Democracy trust fund (s. 25.421);

SB221, s. 163 Section 163. 25.42 of the statutes is amended to read:

SB221,86,13 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.

SB221, s. 164 Section 164. 25.421 of the statutes is created to read:

SB221,86,18 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (bb) and (bc) and all moneys deposited in the state treasury under ss. 11.509, 11.51 (4), and 11.511 (5r) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.522.

SB221, s. 165 Section 165. 71.07 (6n) of the statutes is created to read:

SB221,86,21 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB221,86,23 1. "Claimant" means an individual who makes a contribution and files a claim under this subsection.

SB221,87,3 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment created under 2009 Wisconsin Act .... (this act), section 171 (1 ).

SB221,87,7 (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, up to the amount of those taxes, an amount equal to the claimant's contribution in the taxable year to which the claim relates.

SB221,87,9 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB221,87,11 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB221, s. 166 Section 166 . 71.10 (3) (a) of the statutes is amended to read:

SB221,87,24 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.

SB221, s. 167 Section 167 . 71.10 (3) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,88,14 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 $5 for transfer to the Wisconsin election campaign fund and the democracy trust 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 $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.

SB221, s. 168 Section 168. 71.10 (3) (b) of the statutes is amended to read:

SB221,89,4 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 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 government accountability 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 government accountability 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.

SB221, s. 169 Section 169. 71.10 (4) (ds) of the statutes is created to read:

SB221,89,6 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB221, s. 170 Section 170. 806.041 of the statutes is created to read:

SB221,89,12 806.041 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).

SB221, s. 171 Section 171 . Nonstatutory provisions.

SB221,89,23 (1) Public Integrity Endowment. The legal counsel to the government accountability 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 legal counsel 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 legal counsel 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 general account of the Wisconsin election campaign fund, and transferring those contributions, after deduction of solicitation costs, to that account.

SB221,90,2 (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 created by this act.

SB221,90,7 (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) 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) and 11.50 (9) (ba) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB221, s. 172 Section 172. Initial applicability.

SB221,90,10 (1) Except as provided in subsections (2) and (3), this act first applies with respect to elections held on the effective date of this subsection.

SB221,90,15 (2) The treatment of sections 11.01 (12v), (12w), (13), (14), and (16) (a) 3. and 4. and 11.06 (2) of the statutes, the renumbering and amendment of section 11.01 (16) (b) of the statutes, and the creation of section 11.01 (16) (b) 2. of the statutes first apply with respect to reporting periods that begin on or after the effective date of this subsection.

SB221,90,17 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2012.

SB221,90,22 (4) The treatment of sections 71.07 (6n) and 71.10 (3) (a) (by Section 166) 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.

SB221,90,25 (5) The treatment of section 71.10 (3) (a) (by Section 167 ) of the statutes first applies to the taxable year beginning on January 1 of the year after the year in which section 71.10 (3) (a) (as affected by Section 166) of the statutes takes effect.

SB221, s. 173 Section 173. Effective dates. This act takes effect on December 1 following the date of publication, except as follows:

SB221,91,8 (1) The treatment of sections 8.35 (4) (b), 11.12 (2) (by Section 55 ), 11.16 (2) (by Section 64) and (3), 11.26 (1) (a) and (am), (2) (a) and (an) (by Section 91), (9) (a) (by Section 96), (b) (by Section 98 ), and (ba), and (13), 11.31 (1) (d) (by Section 107), 11.50 (1) (a) 1. a. (by Section 120 ), 11.501 to 11.522, 11.60 (4), 11.61 (2), 20.511 (1) (r), 20.585 (1) (q) and (r), 20.855 (4) (b), (ba), and (bb), 25.17 (1) (cm), 25.421, and 71.10 (3) (a) (by Section 167 ) of the statutes takes effect on June 1, 2010.

SB221,91,9 (End)