SB46: Bill Text

SB46,78,20 11.50 (13) Donations to fund. Any committee or other person may make an unrestricted contribution to the general account of the fund by gift, bequest or devise.

SB46, s. 158 Section 158. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,24 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB46,79,4 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).

SB46,79,7 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.

SB46,79,9 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB46, s. 159 Section 159. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 160 Section 160. 11.60 (3s), (3t) and (3u) of the statutes are created to read:

SB46,79,19 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, makes a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that disbursement, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB46,79,24 (3t) Notwithstanding sub. (1), if any person makes a noncandidate election expenditure for the purpose of making a communication without reporting the information required under s. 11.065, to the extent required under s. 11.065, the person may be required to forfeit not more than $500 for each day of continued violation.

SB46,80,6 (3u) Notwithstanding sub. (1), if any person, including any candidate or committee to whom s. 11.065 or 11.12 (6) (c) or (8) applies, makes one or more disbursements or noncandidate election expenditures for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that person under s. 11.065, 11.12 (6) (c) or (8), or 11.20 (3) or (4):

SB46,80,8 (a) By more than 5 percent but not more than 10 percent cumulatively, the person shall forfeit 4 times the amount or value of the difference.

SB46,80,10 (b) By more than 10 percent but not more than 15 percent cumulatively, the person shall forfeit 6 times the amount or value of the difference.

SB46,80,12 (c) By more than 15 percent cumulatively, the person shall forfeit 8 times the amount of the difference.

SB46, s. 161 Section 161. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,6 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.

SB46, s. 162 Section 162. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,10 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 is guilty of a Class I felony.

SB46, s. 163 Section 163. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,19 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) 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.

SB46, s. 164 Section 164. 71.07 (6n) of the statutes is created to read:

SB46,81,22 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB46,81,23 1. "Claimant" means an individual who makes a contribution.

SB46,82,3 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment, the creation of which is described in 2005 Wisconsin Act .... (this act), section 178 (1).

SB46,82,7 (b) Filing claims. Subject to the limitations and conditions 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, for the taxable year to which the income tax return relates, an amount equal to the claimant's contribution.

SB46,82,9 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB46,82,11 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB46, s. 165 Section 165. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 166 Section 166. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,2 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.

SB46,83,12 (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. 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.

SB46,83,14 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

SB46, s. 167 Section 167. 71.10 (4) (ds) of the statutes is created to read:

SB46,83,16 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB46, s. 168 Section 168. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 169 Section 169. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,25 806.04 (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).

SB46, s. 170 Section 170. 2001 Wisconsin Act 109, section 9115 (2v), (2w) and (2x) are repealed.

SB46, s. 171 Section 171. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 172 Section 172. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

SB46, s. 173 Section 173. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

SB46, s. 174 Section 174. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

SB46, s. 175 Section 175. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

SB46, s. 176 Section 176. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

SB46, s. 177 Section 177. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 178 Section 178 . Nonstatutory provisions.

SB46,84,22 (1) Public Integrity Endowment. The executive director of the elections board shall prepare and file articles of incorporation for the incorporation under chapter 181 of the statutes of an organization to be known as the "Public Integrity Endowment." The executive director shall ensure that the organization is structured so that it will qualify as a nonprofit organization, as defined in section 108.02 (19) of the statutes. The executive director shall specify in the articles of incorporation that the sole purpose of the foundation shall be to solicit contributions for the purpose of supplementing the assets of the Wisconsin election campaign fund and, after December 31, 2006, to the general account of that fund, and transferring those contributions, after deduction of solicitation costs, to that fund or account.

SB46,85,2 (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.

SB46,85,8 (3) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of section 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) or (8), 11.26 (8m), or 11.50 (9) (ba) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) and (8), 11.26 (8m), and 11.50 (9) (ba) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB46,85,12 (4) 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.

SB46, s. 179 Section 179. Initial applicability.

SB46,85,15 (1) Except as provided in subsection (2), this act first applies to elections held on the effective date of this subsection.

SB46,85,17 (2) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2008.

SB46,85,22 (3) The treatment of sections 71.07 (6n) and 71.10 (3) (a) and (4) (ds) 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.

SB46, s. 180 Section 180. Effective dates. This act takes effect on January 1, 2006, or on the day after publication, whichever is later, except as follows:

SB46,86,1 (1) Section 178 (1 ) takes effect on the day after publication.

SB46,86,2 (End)