AB392: Bill Text

AB392, s. 168 Section 168. 20.855 (4) (ba) of the statutes is created to read:

AB392,79,25 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).

AB392, s. 169 Section 169. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,80,9 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), 11.23 (2), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, and 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.

AB392, s. 170 Section 170. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 171 Section 171. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,80,24 71.10 (3) Campaign. (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. 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 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.

AB392,81,12 (b) The secretary of revenue shall provide a place for 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. 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 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), the designation is void.

AB392,81,14 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

AB392, s. 172 Section 172. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 173 Section 173. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,81,23 806.04 (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).

AB392, s. 174 Section 174. 2001 Wisconsin Act 109, section 9115 (2v), (2w) and (2x) are repealed.

AB392, s. 175 Section 175. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

AB392, s. 176 Section 176. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

AB392, s. 177 Section 177. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

AB392, s. 178 Section 178. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

AB392, s. 179 Section 179. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

AB392, s. 180 Section 180. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

AB392, s. 181 Section 181. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

AB392, s. 182 Section 182. Nonstatutory provisions.

AB392,82,15 (1) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (b) and (bb) of the statutes, as affected by this act, are void in their entirety.

AB392,82,19 (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 affected by this act.

AB392,82,23 (3) Nonseverability of 2001 Wisconsin Act 109 provisions. The repeal of 2001 Wisconsin Act 109, section 9115 (2y) by this act does not affect the validity or invalidity of any provision specified in that subsection under any court decision issued before the effective date of this subsection.

AB392, s. 183 Section 183. Appropriation changes.

AB392,83,7 (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 2005, the dollar amount is increased by $76,100 for fiscal year 2005-06 and the dollar amount is increased by $85,100 for fiscal year 2006-07 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.

AB392, s. 184 Section 184. Initial applicability.

AB392,83,10 (1) Except as provided in subsections (2) and (3), this act first applies to elections held on the day after publication.

AB392,83,15 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims filed for 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 claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB392,83,17 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2008.

AB392,83,18 (End)