Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,206,15 (f) Subsection (4) (g) and (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.".

SB45-SSA1-SA1,206,16 767. Page 914, line 6: after that line insert:

SB45-SSA1-SA1,206,17 " Section 1747n. 71.30 (3) (f) of the statutes is amended to read:

SB45-SSA1-SA1,206,21 71.30 (3) (f) The total of farmers' drought property tax credit under s. 71.28 (1fd), farmland preservation credit under subch. IX, farmland tax relief credit under s. 71.28 (2m), study abroad credit under s. 71.28 (5d) and estimated tax payments under s. 71.29.".

SB45-SSA1-SA1,206,23 768. Page 917, line 5: delete ", (1dy) and (3)" and substitute "and, (1dy), (3) and (5d)".

SB45-SSA1-SA1,206,24 769. Page 938, line 5: after "(1dy)" insert "and (5d)".

SB45-SSA1-SA1,207,2 770. Page 938, line 24: delete the material beginning with that line and ending with page 941, line 10.

SB45-SSA1-SA1,207,4 771. Page 943, line 18: delete the material beginning with that line and ending with page 944, line 19.

SB45-SSA1-SA1,207,5 772. Page 943, line 22: after that line insert:

SB45-SSA1-SA1,207,6 " Section 1757be. 71.47 (2m) (b) 1. a. of the statutes is amended to read:

SB45-SSA1-SA1,207,14 71.47 (2m) (b) 1. a. Subject to the limitations provided in this subsection and s. 71.80 (3) and (3m), a claimant may claim as a credit against Wisconsin income taxes otherwise due, the amount derived under par. (c). If the allowable amount of claim exceeds the income taxes otherwise due on the claimant's income or if there are no Wisconsin income taxes due on the claimant's income, the amount of the claim not used as an offset against income taxes shall be certified to the department of administration for payment to the claimant by check, share draft or other draft paid from the appropriation appropriations under s. 20.835 (2) (ka) and (q).".

SB45-SSA1-SA1,207,15 773. Page 944, line 19: after that line insert:

SB45-SSA1-SA1,207,16 " Section 1759s. 71.47 (5d) of the statutes is created to read:

SB45-SSA1-SA1,207,17 71.47 (5d) Study abroad credit. (a) In this subsection:

SB45-SSA1-SA1,207,18 1. "Claimant" means a corporation that files a claim under this subsection.

SB45-SSA1-SA1,207,20 2. "Qualified expenses" means expenses related to attending school in a foreign country and includes transportation costs, room and board, books and tuition.

SB45-SSA1-SA1,207,22 (b) A claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to $1,000 if all of the following apply:

SB45-SSA1-SA1,207,24 1. The claimant pays or incurs at least $3,000 in qualified expenses on behalf of a student who attends school in a foreign country.

SB45-SSA1-SA1,208,2 2. The student under subd 1. is a full-time undergraduate student enrolled in the University of Wisconsin System.

SB45-SSA1-SA1,208,4 3. The student under subd. 1. is eligible for a Wisconsin higher education grant under s. 39.435.

SB45-SSA1-SA1,208,7 (c) A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant excluded under s. 71.05 (6) (b) 28. or under section 127 of the Internal Revenue Code.

SB45-SSA1-SA1,208,9 (d) The carry-over provisions of s. 71.28 (4) (e) and (f), as they apply to the credit under s. 71.28 (4), apply to the credit under this subsection.

SB45-SSA1-SA1,208,17 (e) Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of qualified expenses under par. (b) 1. A partnership, limited liability company or tax-option corporation shall compute the amount of credit that each of its partners, members or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB45-SSA1-SA1,208,19 (f) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.".

SB45-SSA1-SA1,208,20 774. Page 944, line 21: after that line insert:

SB45-SSA1-SA1,208,21 " Section 1760s. 71.49 (1) (f) of the statutes is amended to read:

SB45-SSA1-SA1,209,2 71.49 (1) (f) The total of farmers' drought property tax credit under s. 71.47 (1fd), farmland preservation credit under subch. IX, farmland tax relief credit under s. 71.47 (2m), the study abroad credit under s. 71.47 (5d) and estimated tax payments under s. 71.48.".

SB45-SSA1-SA1,209,4 775. Page 945, line 2: delete that line and substitute: "71.54 (1) (e) 2000. The amount of any claim filed in 2000".

SB45-SSA1-SA1,209,5 776. Page 945, line 3: delete "thereafter".

SB45-SSA1-SA1,209,6 777. Page 945, line 13: after that line insert:

SB45-SSA1-SA1,209,7 " Section 1763c. 71.54 (1) (f) of the statutes is created to read:

SB45-SSA1-SA1,209,10 71.54 (1) (f) 2001 and thereafter. The amount of any claim filed in 2001 and thereafter and based on property taxes accrued or rent constituting property taxes accrued during the previous year is limited as follows:

SB45-SSA1-SA1,209,13 1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead.

SB45-SSA1-SA1,209,17 2. If the household income was more than $8,000 in the year to which the claim relates, the claim is limited to 80% of the amount by which the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's homestead exceeds 10.357% of the household income exceeding $8,000.

SB45-SSA1-SA1,209,19 3. No credit may be allowed if the household income of a claimant exceeds $22,000.".

SB45-SSA1-SA1,209,21 778. Page 945, line 20: delete the material beginning with that line and ending with page 946, line 3.

SB45-SSA1-SA1,209,23 779. Page 946, line 4: delete the material beginning with that line and ending with page 947, line 20.

SB45-SSA1-SA1,209,24 780. Page 950, line 21: after that line insert:

SB45-SSA1-SA1,210,1 " Section 1800m. 73.0301 (1) (d) 6. of the statutes is amended to read:

SB45-SSA1-SA1,210,5 73.0301 (1) (d) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under s. 138.09, 138.12, 217.06, 218.01, 218.02, 218.04, 218.05 or, 224.72, 224.93 or under subch. III of ch. 551.".

SB45-SSA1-SA1,210,7 781. Page 950, line 23: delete "school aids" and substitute "intradistrict transfer aid".

SB45-SSA1-SA1,210,9 782. Page 951, line 1: delete "ss. 121.15 (3m) (a) 1m. a. to c. and" and substitute "s.".

SB45-SSA1-SA1,210,10 783. Page 951, line 5: after that line insert:

SB45-SSA1-SA1,210,11 " Section 1801s. 74.48 (1) of the statutes is amended to read:

SB45-SSA1-SA1,210,21 74.48 (1) If a person owns land that has been is valued as agricultural land under s. 70.32 (2r) (b) is sold by a person who and has owned it such land for less than 5 years and who has benefited from a value lower than that established by, and either sells the land or the use of the land changes so that the land is not valued as agricultural land under s. 70.32 (2r) (a), there is imposed on that person a penalty equal to 5% of the difference between the sale price of the agricultural land and the value that would be established for it under s. 70.32 (2r) (c) property taxes that the person would have paid related to the land if the land had been assessed at the land's fair market value and the property taxes that the person paid during the last year of 2 years that the person's ownership person owned the land.".

SB45-SSA1-SA1,210,22 784. Page 952, line 22: after that line insert:

SB45-SSA1-SA1,210,23 " Section 1807b. 76.025 (2) of the statutes is amended to read:

SB45-SSA1-SA1,211,4 76.025 (2) If the property of any company defined in s. 76.28 (1), except a qualified wholesale electric company as defined in s. 76.28 (1) (gm) and a wholesale merchant plant as defined in s. 76.28 (1) (j), is located entirely within a single town, village or city, it shall be subject to local assessment and taxation.".

SB45-SSA1-SA1,211,5 785. Page 953, line 3: after that line insert:

SB45-SSA1-SA1,211,6 " Section 1808g. 76.28 (1) (d) of the statutes is amended to read:

SB45-SSA1-SA1,212,2 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a wholesale merchant plant means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company or a wholesale merchant plant, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4.

SB45-SSA1-SA1, s. 1808h Section 1808h. 76.28 (1) (e) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,212,12 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person, association, company or corporation, including corporations described in s. 66.069 (2) and including qualified wholesale electric companies and wholesale merchant plants and except only business enterprises carried on exclusively either for the private use of the person, association, company or corporation engaged in them, or for the private use of a person, association, company or corporation owning a majority of all outstanding capital stock or who control the operation of business enterprises and except electric cooperatives taxed under s. 76.48 that engage in any of the following businesses:

SB45-SSA1-SA1, s. 1808j Section 1808j. 76.28 (1) (j) of the statutes is created to read:

SB45-SSA1-SA1,212,16 76.28 (1) (j) "Wholesale merchant plants" means wholesale merchant plants, as defined in s. 196.491 (1) (w), that receive a certificate of public convenience and necessity under s. 196.491 (3) after December 31, 1999.

SB45-SSA1-SA1, s. 1808m Section 1808m. 76.28 (2) (a) of the statutes is amended to read:

SB45-SSA1-SA1,212,25 76.28 (2) (a) There is imposed on every light, heat and power company an annual license fee to be assessed by the department on or before May 1, 1985, and every May 1 thereafter measured by the gross revenues of the preceding year at the rates and by the methods set forth under pars. (b) to (d) (e). The fee shall become delinquent if not paid when due and when delinquent shall be subject to interest at the rate of 1.5% per month until paid. Payment in full of the May 1 assessment constitutes a license to carry on business for the 12-month period commencing on the preceding January 1.

SB45-SSA1-SA1, s. 1808p Section 1808p. 76.28 (2) (c) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,213,4 76.28 (2) (c) (intro.) For private light, heat and power companies, except wholesale merchant plants, for 1986 and thereafter, an amount equal to the apportionment factor multiplied by the sum of:

SB45-SSA1-SA1, s. 1808q Section 1808q. 76.28 (2) (d) of the statutes is amended to read:

SB45-SSA1-SA1,213,9 76.28 (2) (d) For municipal light, heat and power companies, except wholesale merchant plants, an amount equal to the gross revenues, except gross revenues from operations within the municipality that operates the company, multiplied by the rates under par. (b) or (c).

SB45-SSA1-SA1, s. 1808r Section 1808r. 76.28 (2) (e) of the statutes is created to read:

SB45-SSA1-SA1,213,12 76.28 (2) (e) For wholesale merchant plants, an amount equal to the apportionment factor multiplied by the sum of gross revenues multiplied by 1.59%.".

SB45-SSA1-SA1,213,13 786. Page 953, line 3: after that line insert:

SB45-SSA1-SA1,213,14 " Section 1809b. 76.28 (1) (d) of the statutes is amended to read:

SB45-SSA1-SA1,214,14 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only.".

SB45-SSA1-SA1, s. 1809f Section 1809f. 76.28 (1) (e) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,214,24 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person, association, company or corporation, including corporations described in s. 66.069 (2) and including, qualified wholesale electric companies and transmission companies and except only business enterprises carried on exclusively either for the private use of the person, association, company or corporation engaged in them, or for the private use of a person, association, company or corporation owning a majority of all outstanding capital stock or who control the operation of business enterprises and except electric cooperatives taxed under s. 76.48 that engage in any of the following businesses:

SB45-SSA1-SA1, s. 1809k Section 1809k. 76.28 (1) (e) 5. of the statutes is created to read:

SB45-SSA1-SA1,215,1 76.28 (1) (e) 5. Transmitting electric current for light, heat or power.

SB45-SSA1-SA1, s. 1809no Section 1809no. 76.28 (1) (j) of the statutes is created to read:

SB45-SSA1-SA1,215,4 76.28 (1) (j) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

SB45-SSA1-SA1, s. 1809s Section 1809s. 76.28 (2) (c) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,215,8 76.28 (2) (c) (intro.) For Except as provided under par. (e), for private light, heat and power companies for 1986 and thereafter, an amount equal to the apportionment factor multiplied by the sum of:

SB45-SSA1-SA1, s. 1809w Section 1809w. 76.28 (2) (d) of the statutes is amended to read:

SB45-SSA1-SA1,215,13 76.28 (2) (d) For Except as provided under par. (e), for municipal light, heat and power companies, an amount equal to the gross revenues, except gross revenues from operations within the municipality that operates the company, multiplied by the rates under par. (b) or (c).

SB45-SSA1-SA1, s. 1809y Section 1809y. 76.28 (2) (e) of the statutes is created to read:

SB45-SSA1-SA1,215,16 76.28 (2) (e) For transmission companies, an amount equal to the gross revenues multiplied by the rates under par. (c).".

SB45-SSA1-SA1,215,17 787. Page 953, line 15: delete lines 15 to 21.

SB45-SSA1-SA1,215,18 788. Page 953, line 21: after that line insert:

SB45-SSA1-SA1,215,19 " Section 1812t. 77.54 (44) of the statutes is created to read:

SB45-SSA1-SA1,215,22 77.54 (44) The gross receipts from the sale of and the storage, use or other consumption of materials, supplies and fuel used in the maintenance of railroad tracks and rights-of-way.".

SB45-SSA1-SA1,215,23 789. Page 953, line 21: after that line insert:

SB45-SSA1-SA1,215,24 " Section 1812np. 77.54 (20) (c) 6. of the statutes is amended to read:

SB45-SSA1-SA1,216,7 77.54 (20) (c) 6. For purposes of subd. 1., "premises" shall be construed broadly, and, by way of illustration but not limitation, shall include the lobby, aisles and auditorium of a theater or the seating, aisles and parking area of an arena, rink or stadium or the parking area of a drive-in or outdoor theater. The premises of a caterer with respect to catered meals or beverages shall be the place where served. Vending machine premises shall include the room or area in which located Sales from a vending machine shall be considered sales for off-premises consumption.".

SB45-SSA1-SA1,216,8 790. Page 953, line 21: after that line insert:

SB45-SSA1-SA1,216,9 " Section 1812Lr. 77.53 (17m) of the statutes is amended to read:

SB45-SSA1-SA1,216,14 77.53 (17m) This section does not apply to a boat purchased in a state contiguous to this state by a person domiciled in that a state that is contiguous to this state if the boat is berthed in this state's boundary waters adjacent to the state of the domicile of the purchaser and if the transaction was an exempt occasional sale under the laws of the state in which the purchase was made.".

SB45-SSA1-SA1,216,15 791. Page 956, line 3: after that line insert: