Amendment SSA2-SB190

SB190-SSA2, s. 99 Section 99. 11.50 (11) (e) of the statutes is amended to read:

SB190-SSA2,35,8 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 required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB190-SSA2, s. 100 Section 100. 11.60 (3s) and (3t) of the statutes are created to read:

SB190-SSA2,35,20 11.60 (3s) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers a contribution, makes a disbursement or incurs an obligation to make 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) or makes a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g) to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB190-SSA2,36,2 (3t) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers one or more contributions, makes one or more disbursements or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) or to make a communication specified in s. 11.05 (14) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4):

SB190-SSA2,36,4 (a) By more than 5% but not more than 10% cumulatively, the individual or committee shall forfeit 4 times the amount or value of the difference.

SB190-SSA2,36,6 (b) By more than 10% cumulatively, the individual or committee shall forfeit 6 times the amount or value of the difference.

SB190-SSA2, s. 101 Section 101 . 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA2,36,12 11.61 (1) (a) Whoever Except as provided in par. (d), 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.

SB190-SSA2, s. 102 Section 102 . 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA2,36,19 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where 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.

SB190-SSA2, s. 103 Section 103. 11.61 (1) (c) of the statutes is amended to read:

SB190-SSA2,36,25 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.

SB190-SSA2, s. 104 Section 104 . 11.61 (1) (d) of the statutes is created to read:

SB190-SSA2,37,11 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a contribution, makes a disbursement or incurs an obligation to make 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) or to make a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g), to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

SB190-SSA2, s. 105 Section 105. 14.58 (20) of the statutes is amended to read:

SB190-SSA2,37,16 14.58 (20) Election campaign Clean government fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin election campaign clean government fund.

SB190-SSA2, s. 106 Section 106. 20.510 (1) (q) of the statutes is amended to read:

SB190-SSA2,37,21 20.510 (1) (q) Wisconsin election campaign Clean government fund. As a continuing appropriation, from the Wisconsin election campaign clean government fund, the moneys amounts determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and (cm).

SB190-SSA2, s. 107 Section 107. 20.855 (4) (b) of the statutes is repealed.

SB190-SSA2, s. 108 Section 108. 20.855 (4) (ba) of the statutes is created to read:

SB190-SSA2,38,2 20.855 (4) (ba) Lobbying expenditure tax revenue transfer. A sum sufficient equal to the amounts determined by the secretary of revenue under s. 77.9973, to be transferred from the general fund to the clean government fund annually on September 16.

SB190-SSA2, s. 109 Section 109. 20.855 (4) (bb) of the statutes is created to read:

SB190-SSA2,38,8 20.855 (4) (bb) Clean government fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the clean government fund, to be transferred from the general fund to the clean government fund no later than the time required to make payments of grants under s. 11.50 (5).

SB190-SSA2, s. 110 Section 110. 25.17 (1) (ys) of the statutes is amended to read:

SB190-SSA2,38,10 25.17 (1) (ys) Wisconsin election campaign Clean government fund (s. 25.42);

SB190-SSA2, s. 111 Section 111. 25.42 of the statutes is amended to read:

SB190-SSA2,38,17 25.42 Wisconsin election campaign Clean government fund. All moneys appropriated under s. 20.855 (4) (b) (ba) and (bb) together with 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 clean government 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.

SB190-SSA2, s. 112 Section 112. 71.10 (3) of the statutes is repealed.

SB190-SSA2, s. 113 Section 113. Chapter 77 (title) of the statutes is amended to read:

SB190-SSA2,39,7 CHAPTER 77 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; TEMPORARY RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; lobbying expenditure tax

SB190-SSA2, s. 114 Section 114. Subchapter XIII of chapter 77 [precedes 77.997] of the statutes is created to read:

SB190-SSA2,39,10 CHAPTER 77

SB190-SSA2,39,12 SUBCHAPTER XIII lobbying expenditure TAX

SB190-SSA2,39,14 77.997 Definition. In this subchapter, "lobbying expenditure" has the meaning given under s. 13.62 (10r).

SB190-SSA2,39,19 77.9971 Imposition. A tax is imposed on every person, except an organization described in section 501 (c) (3) of the Internal Revenue Code, that is exempt from federal income taxation under section 501 (a) of the Internal Revenue Code and a governmental unit, as defined in s. 281.65 (2) (am), at the rate of 10% on lobbying expenditures that are reportable to the ethics board under s. 13.68 (1).

SB190-SSA2,39,21 77.9972 Administration. (1) The department of revenue shall levy, enforce and collect the tax under this subchapter.

SB190-SSA2,39,23 (2) The tax under this subchapter and a completed return prescribed by the department of revenue are due on March 1 and September 1.

SB190-SSA2,40,3 (3) Sections 77.59 (1) to (6), (8) and (8m), 77.60 (1) to (7), (9) and (10), 77.61 (5) and (12) to (14) and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter.

SB190-SSA2,40,7 77.9973 Certification. Annually no later than September 15, the secretary of revenue shall certify to the secretary of administration the amount of taxes collected under this subchapter for the preceding 12-month period ending on June 30.

SB190-SSA2, s. 115 Section 115. Nonstatutory provisions.

SB190-SSA2,40,14 (1) Notwithstanding section 990.01 (11) of the statutes, if a court finds that all or any portion of section 11.05 (14), 11.12 (6) (c) 1. or 11.50 (9) (b) of the statutes, as created by this act, or section 11.06 (2) of the statutes, as affected by this act, is unconstitutional, then sections 11.05 (14), 11.12 (6) (c) 1. and 11.50 (9) (b) of the statutes, as created by this act, and the treatment of section 11.06 (2) of the statutes by this act are void in their entirety.

SB190-SSA2, s. 116 Section 116. Initial applicability.

SB190-SSA2,40,18 (1) The treatment of sections 11.12 (7) (d), 11.26 (10a), 11.31 (9) and 11.50 (9a) of the statutes first applies to adjustments for the biennium beginning on January 1, 2002.

SB190-SSA2,40,21 (2) The treatment of subchapter XIII of chapter 77 of the statutes first applies to lobbying expenditures made during the 6-month period ending on December 31, 2000.

SB190-SSA2,40,22 (End)