AB704: Bill Text

AB704,23,25 (8) (a) The board shall distribute primary election grants from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible preceding the date on which the primary election is held for the office that the candidate seeks or the date on which the primary election would be held if a primary election were required to be held.

AB704,24,5 (b) The board shall distribute grants for the general and any special election from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible after the date of the primary election for the office sought by the candidate, or the date on which the primary election would be held if a primary election were required to be held.

AB704,24,8 (9) A candidate who receives a grant from the clean elections fund shall file with the board reports of all disbursements made in the manner provided under s. 11.06 (1) (g), without regard to the amounts thereof.

AB704,24,13 (10) (a) Except as provided in pars. (b) and (c) and subs. (11) to (13), a candidate who qualifies to receive a grant from the clean elections fund under this section shall receive a grant in the following amount for the office sought by the candidate and for the election specified, less the aggregate amount of contributions accepted by the candidate under sub. (3): - See PDF for table

AB704,25,4 (b) If a candidate does not have an opponent who has qualified to have his or her name appear on the ballot at the election for which a grant is to be applied, the candidate shall receive a grant for a primary election equal to the average total disbursements made per candidate in primary election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the primary election, or a grant for a general or special election equal to the average total disbursements made per candidate in general and special election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the general or special election.

AB704,25,13 (c) If a candidate who receives a grant under this subsection is opposed by one or more candidates who could qualify for a grant under sub. (2) (b) but who do not file an application for a grant under sub. (7) or who fail to meet other requirements for receipt of a grant, the candidate who receives a grant under this subsection shall receive an additional grant equal to the total maximum grant that would have been payable to that opponent or to those opponents, but not to exceed, in combination with any additional grant payable to that candidate under subs. (12) and (13), 2.5 times the amount payable to that candidate under sub. (10) (a), as adjusted under sub. (11).

AB704,25,16 (11) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB704,26,7 (b) The dollar amounts of the grants specified in sub. (10) (a) are subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, as soon as possible after the end of each odd-numbered year, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each grant specified in sub. (10) (a) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable grant amount under sub. (10) (a), round each sum to the nearest multiple of $5, and adjust the amount of each grant to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB704,26,17 (12) If any disbursement is made or any obligation to make a disbursement is incurred to make a communication identified in s. 11.01 (16) (a) 3. by any person in opposition to a candidate who receives a grant from the clean elections fund or in support of an opponent of such a candidate whose name is certified to appear on the same ballot, then the candidate who receives a grant shall receive an additional grant in the total amount of the obligations incurred and the disbursements made that were not previously reported as obligations, as reported to the appropriate filing officer under s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable to that candidate under subs. (10) (c) and (13), 2.5 times the amount payable to the candidate under sub. (10) (a), as adjusted under sub. (11).

AB704,27,6 (13) If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by another candidate who does not receive a grant or by another candidate who the board determines has violated his or her agreement under sub. (7), the candidate who receives a grant shall receive an additional grant in the amount by which the disbursements made by the other candidate exceed the amount of the grant payable for the office sought by the candidate in that election under sub. (10) (a), as adjusted under sub. (11), but not to exceed, in combination with any additional grant payable to that candidate under subs. (10) (c) and (12), 2.5 times the amount payable to the candidate under sub. (10) (a), as adjusted under sub. (11). If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by more than one candidate who does not receive a grant or who the board determines has violated his or her agreement under sub. (7), the amount of the grant payable under this subsection is the largest amount that would be payable by reason of any candidate's opposition.

AB704,27,12 (14) If a candidate who makes an agreement under sub. (7) does not adhere to the agreement, the candidate shall forfeit an amount equivalent to any grant from the clean elections fund that is provided to the candidate and the candidate may be fined not more than 3 times the amount of any contributions received by the candidate in his or her campaign, as defined in s. 11.26 (17), exclusive of the amount of any grant or any contributions deposited under sub. (2) or received under sub. (3).

AB704,27,19 (15) No later than the first day of the first month beginning at least 15 days after an election at which a candidate receives a grant from the clean elections fund, the candidate shall return to the state treasurer any amount of the grant remaining in the candidate's campaign depository account, except that a candidate who receives a grant at a primary election need not return any amount under this subsection if the candidate qualifies to receive a grant at the succeeding general or special election.

AB704,27,20 (16) The board may promulgate rules required to implement this section.

AB704, s. 43 Section 43 . 14.58 (20) of the statutes, as affected by 2007 Wisconsin Act 1, is repealed and recreated to read:

AB704,28,2 14.58 (20) Grants to candidates. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the government accountability board as eligible to receive a grant from the Wisconsin election campaign fund or the clean elections fund.

AB704, s. 44 Section 44 . 20.511 (1) (r) of the statutes is created to read:

AB704,28,5 20.511 (1) (r) Clean elections fund grants. From the clean elections fund, a sum sufficient to make the grants to candidates required under s. 11.51.

AB704, s. 45 Section 45. 20.855 (4) (ba) of the statutes is created to read:

AB704,28,10 20.855 (4) (ba) Lobbying expenditure tax revenue transfer. A sum sufficient equal to the amounts certified by the secretary of revenue under s. 77.9983, to be transferred from the general fund to the clean elections fund annually on September 16.

AB704, s. 46 Section 46. 20.855 (4) (bb) of the statutes is created to read:

AB704,28,16 20.855 (4) (bb) Clean elections fund supplement. A sum sufficient equal to the amounts required to make full payment of the grants to candidates required under s. 11.51 if the transfer under par. (ba) is insufficient to make full payment of those grants, to be transferred from the general fund to the clean elections fund no later than the time required to make payments of grants under s. 11.51 (8).

AB704, s. 47 Section 47. 25.17 (1) (aw) of the statutes is created to read:

AB704,28,18 25.17 (1) (aw) Clean elections fund (s. 25.42);

AB704, s. 48 Section 48. 25.421 of the statutes is created to read:

AB704,28,23 25.421 Clean elections fund. All moneys deposited with the state treasurer under s. 11.51 (2) and (5) or returned to the state treasurer under s. 11.51 (15) and all moneys transferred to the clean elections fund under s. 20.855 (4) (ba) and (bb) constitute the clean elections fund.

AB704, s. 49 Section 49. Chapter 77 (title) of the statutes is amended to read:

AB704,28,25 CHAPTER 77

AB704,29,12 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; REGIONAL TRANSIT AUTHORITY FEE; lobbying expenditure tax

AB704, s. 50 Section 50. Subchapter XIV of chapter 77 [precedes 77.998] of the statutes is created to read:

AB704,29,15 CHAPTER 77

AB704,29,17 SUBCHAPTER XIV lobbying expenditure TAX

AB704,29,19 77.998 Definition. In this subchapter, "lobbying expenditure" has the meaning given under s. 13.62 (10r).

AB704,29,24 77.9981 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 percent on lobbying expenditures that are reportable under s. 13.68 (1).

AB704,30,2 77.9982 Administration. (1) The department of revenue shall levy, enforce and collect the tax under this subchapter.

AB704,30,4 (2) The tax under this subchapter and a completed return prescribed by the department of revenue are due on March 1 and September 1.

AB704,30,7 (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.

AB704,30,11 77.9983 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.

AB704, s. 51 Section 51. Initial applicability.

AB704,30,14 (1) The treatment of section 11.01 (16) (a) 3. of the statutes first applies with respect to reporting periods that begin on or after the effective date of this subsection.

AB704,30,16 (2) The treatment of sections 11.31 (9) and 11.51 (11) of the statutes first applies to adjustments for the biennium beginning on January 1, 2012.

AB704,30,19 (3) The treatment of subchapter XIV of chapter 77 of the statutes first applies to lobbying expenditures made during the 6-month period ending on December 31, 2008.

AB704,30,20 (End)