Amendment AA6-AB701

LRBa1327/1

MES:cmh&jlg:hmh

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 6, TO 1999 ASSEMBLY BILL 701

February 9, 2000 - Offered by Representatives Walker, Gundrum, Ladwig, Owens, Ainsworth, Pettis and Suder.

AB701-AA6,1,1 At the locations indicated, amend the bill as follows:

AB701-AA6,1,3 1. Page 2, line 2: after "laws;" insert "modifying the individual income tax election campaign fund checkoff;".

AB701-AA6,1,4 2. Page 46, line 15: after that line insert:

AB701-AA6,1,5 " Section 87e. 71.10 (3) (a) (title) of the statutes is created to read:

AB701-AA6,1,6 71.10 (3) (a) (title) Voluntary payments.

AB701-AA6, s. 87f Section 87f. 71.10 (3) (a) of the statutes is renumbered 71.10 (3) (a) 1. and amended to read:

AB701-AA6,2,2 71.10 (3) (a) 1. `Designation on return.' Every Any individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate on the return an additional payment in the amount of $1 or a deduction from any refund due that individual in the amount of $1 for the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a married couple files a joint return have a tax liability or are entitled to a tax refund, each individual spouse may make a designation of $1 under this subsection.

AB701-AA6, s. 87g Section 87g. 71.10 (3) (a) 2. and 3. of the statutes are created to read:

AB701-AA6,2,6 71.10 (3) (a) 2. `Designation added to tax owed.' If the individual owes any tax, the individual shall remit in full the tax due and an additional $1 for the Wisconsin election campaign fund when the individual files a tax return.

AB701-AA6,2,10 3. `Designation deducted from refund.' Except as provided under par. (c) if the individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80 (3), the department of revenue shall deduct $1 for the Wisconsin election campaign fund from the amount of the refund.

AB701-AA6, s. 87h Section 87h. 71.10 (3) (b) of the statutes is renumbered 71.10 (3) (f) and amended to read:

AB701-AA6,3,4 71.10 (3) (f) Administration, certification of amounts confidentiality. The secretary of revenue shall provide a place for those designations 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 or reduce a refund. 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 received from all designations made during the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, that individual is deemed not to have made a designation on his or her tax return Amounts designated for the Wisconsin election campaign fund under this subsection are not subject to refund to the taxpayer unless the taxpayer submits information to the satisfaction of the department of revenue within 18 months after the date taxes are due or the date the return is filed, whichever is later, that the amount designated is clearly in error. Any refund granted by the department of revenue under this subdivision shall be deducted from the moneys received under this subsection in the fiscal year that the refund is certified. The names of persons making designations under this subsection shall be strictly confidential.

AB701-AA6, s. 87i Section 87i. 71.10 (3) (bm) of the statutes is created to read:

AB701-AA6,3,10 71.10 (3) (bm) Errors; failure to remit correct amount. If an individual who owes a tax fails to remit an amount equal to or in excess of the total of the actual tax due, after error corrections, and the amount designated on the return for the Wisconsin election campaign fund, the designation for the Wisconsin election campaign fund is void.

AB701-AA6, s. 87j Section 87j. 71.10 (3) (c) of the statutes is repealed and recreated to read:

AB701-AA6,3,14 71.10 (3) (c) Errors; insufficient refund. If an individual is owed a refund that does not equal or exceed $1, after crediting under ss. 71.75 (9) and 71.80 (3) and after error corrections, the designation for the Wisconsin election campaign fund is void.

AB701-AA6, s. 87k Section 87k. 71.10 (3) (d) of the statutes is created to read:

AB701-AA6,3,17 71.10 (3) (d) Conditions. If an individual places any conditions on a designation for the Wisconsin election campaign fund, the designation is void.

AB701-AA6, s. 87L Section 87L. 71.10 (3) (e) of the statutes is created to read:

AB701-AA6,3,22 71.10 (3) (e) Void designation. If a designation for the Wisconsin election campaign fund is void, the department of revenue shall disregard the designation and determine amounts due, owed, refunded and received without regard to the void designation.".

AB701-AA6,3,23 3. Page 47, line 3: after that line insert:

AB701-AA6,4,8 "(4m) Wisconsin election campaign fund designations. The treatment of section 71.10 (3) (b), (bm), (c), (d) and (e) of the statutes, the renumbering and amendment of section 71.10 (3) (a) of the statutes and the creation of section 71.10 (3) (a) (title), 2. and 3. of the statutes first apply 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 of section 71.10 (3) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.".

AB701-AA6,4,9 (End)