AB428: Bill Text

AB428,46,15 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

AB428, s. 132 Section 132. 11.50 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,47,2 11.50 (9) Limitation on grants. The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45 percent of the disbursement level specified for the applicable office under s. 11.31. 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.

AB428, s. 133 Section 133. 11.50 (10) of the statutes is created to read:

AB428,47,6 11.50 (10) Voluntary limitation. Any eligible candidate may by written request limit his or her participation in the fund to a lesser amount than that authorized under sub. (9).

AB428, s. 134 Section 134. 11.50 (10m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,47,15 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under sub. (2) (a).

AB428, s. 135 Section 135. 11.50 (11) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,47,21 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).

AB428, s. 136 Section 136. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 137 Section 137. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 138 Section 138. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,48,15 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 a 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. 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 employee at the time of appointment.

AB428, s. 139 Section 139. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,48,19 11.61 (1) (a) 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) is guilty of a Class I felony.

AB428, s. 140 Section 140. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,49,2 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) 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 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.

AB428, s. 141 Section 141. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 142 Section 142. 71.08 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109 and 2003 Wisconsin Acts 99 and 135, is repealed and recreated to read:

AB428,49,15 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3n), (3s), (3t), z95b), (5d), (6), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), and (3t) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), and (3t) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

AB428, s. 143 Section 143. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB428,49,22 71.10 (3) Campaign fund. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 for 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 under this subsection.

AB428,50,5 (b) 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. 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 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.

AB428,50,7 (c) The names of persons making designations under this subsection shall be strictly confidential.

AB428, s. 144 Section 144. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 145 Section 145. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB428, s. 146 Section 146. 2001 Wisconsin Act 109, section 9115 (2v) and (2x) are repealed.

AB428, s. 147 Section 147. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

AB428, s. 148 Section 148. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

AB428, s. 149 Section 149. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

AB428, s. 150 Section 150. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

AB428, s. 151 Section 151. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

AB428, s. 152 Section 152. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

AB428, s. 153 Section 153. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

AB428,50,22 (End)