SB62: Bill Text

SB62, s. 116 Section 116. 11.50 (6) of the statutes is amended to read:

SB62,59,4 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB62, s. 117 Section 117. 11.50 (7) of the statutes is renumbered 11.50 (7) (a).

SB62, s. 118 Section 118. 11.50 (7) (bm) of the statutes is created to read:

SB62,59,9 11.50 (7) (bm) If a grant is used to purchase an advertisement from a broadcast communications medium, the advertisement may not include any voice other than the voice of the eligible candidate to whom the grant is provided.

SB62, s. 119 Section 119. 11.50 (9) (title) of the statutes is amended to read:

SB62,59,11 11.50 (9) (title) Limitation on Amount of grants.

SB62, s. 120 Section 120. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB62,59,25 11.50 (9) (a) (intro.) The Except as provided in pars. (b) and (ba), the total grant available to an eligible candidate may not exceed an amount equal to the lesser of the percentage specified in this paragraph or that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees by the candidate, is equal to 45% the disbursement level specified for the applicable office, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m). The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection. The percentage is:

SB62, s. 121 Section 121. 11.50 (9) (a) 1. and 2. of the statutes are created to read:

SB62,60,3 11.50 (9) (a) 1. For an eligible candidate for the office of justice or the office of state superintendent, 75% of the disbursement limitation.

SB62,60,5 2. For an eligible candidate for any other state office, 45% of the disbursement limitation.

SB62, s. 122 Section 122. 11.50 (9) (b) and (ba) of the statutes are created to read:

SB62,60,20 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee identified under s. 11.05 (3) (c) makes any disbursement for the purpose of opposing the election of the eligible candidate who accepts a grant or for the purpose of supporting a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made for the purpose of supporting the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, exceeding 10% of the disbursement limitation for the office that the eligible candidate seeks as reported by committees under s. 11.12 (6) (c).

SB62,61,2 (ba) If an eligible candidate who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as reported by the opposing candidate under s. 11.12 (8).

SB62, s. 123 Section 123. 11.50 (11) (e) of the statutes is amended to read:

SB62,61,7 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).

SB62, s. 124 Section 124. 11.50 (14) of the statutes is created to read:

SB62,61,10 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB62,61,14 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

SB62,61,17 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

SB62,61,21 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

SB62,61,23 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB62, s. 125 Section 125. 11.60 (4) of the statutes is amended to read:

SB62,62,17 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 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 local referendum may be brought by the district attorney of 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. 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 of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. 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 employe at the time of appointment.

SB62, s. 126 Section 126. 11.61 (1) (a) of the statutes is amended to read:

SB62,62,21 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) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB62, s. 127 Section 127. 13.625 (1) (b) 3. of the statutes is amended to read:

SB62,63,2 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB62, s. 128 Section 128. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB62,63,16 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that: a lobbyist may make a campaign contribution to a candidate for a partisan elective state office, or to the personal campaign committee of such a candidate, if the candidate seeks office in the jurisdiction or district where the lobbyist resides.

SB62, s. 129 Section 129. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB62, s. 130 Section 130. 13.625 (2) of the statutes is amended to read:

SB62,64,3 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB62, s. 131 Section 131. 13.625 (3m) of the statutes is created to read:

SB62,64,8 13.625 (3m) No member of the legislature and no personal campaign committee of a member of the legislature may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that member or personal campaign committee.

SB62, s. 132 Section 132. 13.625 (6) of the statutes is amended to read:

SB62,64,19 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB62, s. 133 Section 133. 15.61 of the statutes is amended to read:

SB62,65,3 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be appointed by the governor for 2-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying that qualified for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial preceding September primary election.

SB62, s. 134 Section 134. 20.510 (1) (q) of the statutes is amended to read:

SB62,65,9 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 whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).

SB62, s. 135 Section 135. 20.855 (4) (ba) of the statutes is created to read:

SB62,65,15 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amounts 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 no later than the time required to make payments of grants under s. 11.50 (5).

SB62, s. 136 Section 136. 25.42 of the statutes is amended to read:

SB62,65,23 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), (1m) and (6), 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.

SB62, s. 137 Section 137. 71.05 (6) (a) 21. of the statutes is created to read:

SB62,66,3 71.05 (6) (a) 21. Any amount deducted under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB62, s. 138 Section 138. 71.07 (5) (a) 9. of the statutes is created to read:

SB62,66,7 71.07 (5) (a) 9. Expenses under section 162 (e) (1) of the Internal Revenue Code that are deductible because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB62, s. 139 Section 139. 71.07 (6n) of the statutes is created to read:

SB62,66,10 71.07 (6n) Campaign contribution tax credit. (a) Definitions. In this subsection:

SB62,66,13 1. "Candidate" means a candidate, as defined in s. 11.01 (1), for state office who files an application under s. 11.50 (2) for a grant from the Wisconsin election campaign fund that has been accepted by the elections board.

SB62,66,16 2. "Claimant" means an individual who makes a contribution to a candidate and who resides within the same electoral district as the candidate to whom that contribution is made.

SB62,66,19 3. "Contribution" means a contribution, as defined in s. 11.01 (6), made to a candidate or political party committee by an individual for which the individual receives a receipt on a form prescribed by the department.

SB62,66,20 4. "Department" means the department of revenue.

SB62,66,22 5. "Electoral district" means the geographical area that constitutes the jurisdiction of the office that a candidate seeks.

SB62,67,2 6. "Political party committee" means a state or county committee of a political party, as defined in s. 5.02 (13), that on the first day of the taxable year in which a contribution is made is a recognized political party as defined in s. 5.02 (16m) and is registered with the elections board under s. 11.05 (1).

SB62,67,3 7. "State office" has the meaning given in s. 5.02 (23).

SB62,67,8 (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 not exceeding $50 for each candidate to whom or political party committee to which the claimant makes a contribution.

SB62,67,10 (c) Limitation. The total amount of the credits under this subsection shall not exceed $100 in a taxable year for each claimant.

SB62,67,12 (d) Time period. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB62,67,14 (e) Administration. 1. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB62,67,17 2. The department shall create and make available to candidates a form to be used by candidates and political party committees in issuing receipts for contributions.

SB62, s. 140 Section 140. 71.10 (3) (a) of the statutes is amended to read:

SB62,68,5 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 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.

SB62, s. 141 Section 141 . 71.10 (3) (b) of the statutes is amended to read:

SB62,68,20 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 next to that place a statement that a designation will not increase tax liability. Annually on August 15 The secretary shall also provide and highlight a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. 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 under s. 11.50 the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year 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.

SB62, s. 142 Section 142. 71.10 (4) (cn) of the statutes is created to read:

SB62,68,22 71.10 (4) (cn) Campaign contribution tax credit under s. 71.07 (6n).

SB62, s. 143 Section 143. 71.26 (1) (a) of the statutes is amended to read:

SB62,70,3 71.26 (1) (a) Certain corporations. Income of corporations organized under ch. 185, except income of a cooperative sickness care association organized under s. 185.981, or of a service insurance corporation organized under ch. 613, that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), or operating under subch. I of ch. 616 which are bona fide cooperatives operated without pecuniary profit to any shareholder or member, or operated on a cooperative plan pursuant to which they determine and distribute their proceeds in substantial compliance with s. 185.45, and the income, except the unrelated business taxable income as defined in section 512 of the internal revenue code and except income that is derived from a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3), of all religious, scientific, educational, benevolent or other corporations or associations of individuals not organized or conducted for pecuniary profit. In computing unrelated business taxable income for the purposes of this paragraph, the expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted. This paragraph does not apply to the income of savings banks, mutual loan corporations or savings and loan associations. This paragraph does not apply to income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state. This paragraph applies to the income of credit unions except to the income of any credit union that is derived from public deposits for any taxable year in which the credit union is approved as a public depository under ch. 34 and acts as a depository of state or local funds under s. 186.113 (20). For purposes of this paragraph, the income of a credit union that is derived from public deposits is the product of the credit union's gross annual income for the taxable year multiplied by a fraction, the numerator of which is the average monthly balance of public deposits in the credit union during the taxable year, and the denominator of which is the average monthly balance of all deposits in the credit union during the taxable year.

SB62, s. 144 Section 144. 71.26 (2) (b) 1g. of the statutes is created to read:

SB62,70,10 71.26 (2) (b) 1g. In computing the net income under this paragraph of a corporation, conduit or common law trust that qualifies as a regulated investment company, real estate mortgage investment conduit or real estate investment trust, expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB62, s. 145 Section 145. 71.26 (3) (e) 4. of the statutes is created to read:

SB62,70,14 71.26 (3) (e) 4. So that expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB62, s. 146 Section 146. 71.34 (1) (ad) of the statutes is created to read:

SB62,70,18 71.34 (1) (ad) The expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code may not be deducted.

SB62, s. 147 Section 147. 71.45 (2) (a) 16. of the statutes is created to read:

SB62,70,22 71.45 (2) (a) 16. By adding to federal taxable income the amount of any expenses that are deductible under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB62, s. 148 Section 148. 806.04 (11m) of the statutes is created to read:

SB62,71,3 806.04 (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).

SB62, s. 149 Section 149. Nonstatutory provisions.

SB62,71,12 (1) Elections board appointments. Notwithstanding sections 15.07 (1) (c) and 15.61 of the statutes, each political party that qualified for a separate ballot under section 5.62 (1) (b) or (2) of the statutes at the September primary election preceding the effective date of this subsection, but that did not designate an individual to the governor for appointment to the elections board under section 15.61 of the statutes may designate an individual to the governor for appointment to the elections board to serve for a term expiring on May 1 of the odd-numbered year following the appointment.

SB62,71,18 (2) Nonseverability. Notwithstanding section 990.01 (11) of the statutes, if a court finds that all or any portion of section 11.01 (16) (a) 3., 11.12 (6) (c) or (8), or 11.50 (9) (b) or (ba) 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 11.01 (16) (a) 3., 11.12 (6) (c) and (8) and 11.50 (9) (b) and (ba) 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.

SB62, s. 150 Section 150. Appropriation changes; elections board.

SB62,72,2 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the authorized FTE positions for the elections board by 1.0 GPR campaign finance investigator position and 1.0 GPR auditor position and to fund supporting expenses for these positions.

SB62, s. 151 Section 151. Initial applicability.

SB62,72,5 (1) Except as provided in subsections (1) and (2), this act first applies to elections held on the day after publication.