SB394: Bill Text

SB394, s. 16 Section 16. 71.07 (5r) of the statutes is created to read:

SB394,15,21 71.07 (5r) Productivity enhancement training credit. (a) In this subsection, "productivity enhancement training expenses" has the meaning given in s. 560.27 (1).

SB394,16,2 (b) Any partner, member of a limited liability company or a shareholder of a tax-option corporation may claim as a credit against taxes otherwise due under s. 71.02 an amount that is equal to 100% of the amount of the partner's, member's or shareholder's productivity enhancement training expenses certified by the department of commerce under s. 560.27 in the tax year for which the expenses are certified, but that is not to exceed $7,500.

SB394,16,4 (c) The carry forward provisions of s. 71.28 (5r) (c) and (f) as they apply to the credit under s. 71.28 (5r) apply to the credit under this subsection.

SB394,16,9 (d) A partner, member of a limited liability company or a shareholder of a tax-option corporation may not claim the credit under par. (b) for any productivity enhancement training expenses that the partner, member or shareholder deducted from gross income for Wisconsin tax purposes under section 162 of the Internal Revenue Code.

SB394,16,17 (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 productivity enhancement training expenses certified under s. 560.27. 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.

SB394,16,19 (f) No credit may be taken under this subsection for taxable years beginning after December 31, 2008.

SB394, s. 17 Section 17. 71.08 (1) (intro.) of the statutes is amended to read:

SB394,17,4 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), (3s), (6) and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and, (3) and (5r) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and, (3) and (5r) 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:

SB394, s. 18 Section 18. 71.10 (4) (k) of the statutes is created to read:

SB394,17,6 71.10 (4) (k) Productivity enhancement training credit under s. 71.07 (5r).

SB394, s. 19 Section 19. 71.21 (4) of the statutes is amended to read:

SB394,17,10 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2ds), (2dx) and, (3s) and (5r) and passed through to partners shall be added to the partnership's income.

SB394, s. 20 Section 20 . 71.26 (2) (a) of the statutes is amended to read:

SB394,18,2 71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the internal revenue code Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1) and (3) to (5) plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds) and, (1dx) and (5r) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, limited liability company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the internal revenue code Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

SB394, s. 21 Section 21 . 71.28 (1dx) (b) 1. of the statutes is amended to read:

SB394,18,5 71.28 (1dx) (b) 1. Fifty percent of the amount expended by the person for environmental remediation in a development zone.

SB394, s. 22 Section 22. 71.28 (1dx) (b) 1m. of the statutes is created to read:

SB394,18,14 71.28 (1dx) (b) 1m. Fifty percent of the amount expended by a municipality, as defined in s. 292.01 (11), or an organization that is exempt from federal income taxation under section 501 (c) (3) of the Internal Revenue Code for environmental remediation in a development zone, if the municipality or organization has entered into an exclusive written agreement with the person claiming the credit that approves of the person claiming the credit based on the expenditures of the municipality or organization. The department shall promulgate rules to implement this subdivision.

SB394, s. 23 Section 23 . 71.28 (1dx) (f) of the statutes is created to read:

SB394,18,19 71.28 (1dx) (f) Transfer of credits. Any person who is eligible to claim credit under par. (b) 1. may transfer the right to claim the credit under par. (b) 1. to any other person who is subject to taxation under this chapter. The department shall promulgate rules to implement this paragraph.

SB394, s. 24 Section 24 . 71.28 (5r) of the statutes is created to read:

SB394,18,23 71.28 (5r) Productivity enhancement training credit. (a) In this subsection, "productivity enhancement training expenses" has the meaning given in s. 560.27 (1).

SB394,19,3 (b) Any corporation may claim as a credit against taxes otherwise due under s. 71.23 an amount that is equal to 100% of the amount of the corporation's productivity enhancement training expenses certified by the department of commerce under s. 560.27 in the tax year for which the expenses are certified, but that is not to exceed $7,500.

SB394,19,7 (c) Any corporation receiving a credit under this subsection may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year in which the productivity enhancement training expenses were incurred.

SB394,19,10 (d) A corporation may not claim the credit under par. (b) for any productivity enhancement training expenses that the corporation deducted from gross income for Wisconsin tax purposes under section 162 of the Internal Revenue Code.

SB394,19,18 (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 productivity enhancement training expenses certified under s. 560.27. 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.

SB394,19,22 (f) No credit may be taken under this subsection for taxable years beginning after December 31, 2008. Credits under this subsection that are claimed for taxable years beginning before December 31, 2008 may be carried forward to taxable years beginning after December 31, 2008.

SB394, s. 25 Section 25. 71.30 (3) (g) of the statutes is created to read:

SB394,19,24 71.30 (3) (g) Productivity enhancement training credit under s. 71.28 (5r).

SB394, s. 26 Section 26. 71.34 (1) (g) of the statutes is amended to read:

SB394,20,3 71.34 (1) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx) and, (3) and (5r) and passed through to shareholders.

SB394, s. 27 Section 27. 71.45 (2) (a) 10. of the statutes is amended to read:

SB394,20,10 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx) and (5r) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, limited liability company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (4) and (5).

SB394, s. 28 Section 28. 71.47 (5r) of the statutes is created to read:

SB394,20,14 71.47 (5r) Productivity enhancement training credit. (a) In this subsection, "productivity enhancement training expenses" has the meaning given in s. 560.27 (1).

SB394,20,19 (b) Any corporation may claim as a credit against taxes otherwise due under s. 71.43 an amount that is equal to 100% of the amount of the corporation's productivity enhancement training expenses certified by the department of commerce under s. 560.27 in the tax year for which the expenses are certified, but that is not to exceed $7,500.

SB394,20,23 (c) Any corporation receiving a credit under this subsection may carry forward to the next succeeding 15 taxable years the amount of the credit not offset against taxes for the year in which the productivity enhancement training expenses were incurred.

SB394,21,3 (d) A corporation may not claim the credit under par. (b) for any productivity enhancement training expenses that the corporation deducted from gross income for Wisconsin tax purposes under section 162 of the Internal Revenue Code.

SB394,21,11 (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 productivity enhancement training expenses certified under s. 560.27. 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.

SB394,21,15 (f) No credit may be taken under this subsection for taxable years beginning after December 31, 2008. Credits under this subsection that are claimed for taxable years beginning before December 31, 2008 may be carried forward to taxable years beginning after December 31, 2008.

SB394, s. 29 Section 29. 71.49 (1) (g) of the statutes is created to read:

SB394,21,17 71.49 (1) (g) Productivity enhancement training credit under s. 71.47 (5r).

SB394, s. 30 Section 30 . 77.92 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB394,22,9 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (3s) and (5r); and plus or minus, as appropriate, transitional adjustments, depreciation differences and basis differences under s. 71.05 (13), (15), (16), (17) and (19); but excluding income, gain, loss and deductions from farming. "Net business income", with respect to a natural person, estate or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employe as defined in section 3121 (d) (3) of the Internal Revenue Code.

SB394, s. 31 Section 31 . 106.01 (11) of the statutes is created to read:

SB394,22,15 106.01 (11) The department may establish an advanced journeyworker credential pilot program in up to 3 trades, crafts or businesses to recognize advanced training and postapprenticeship achievements. By July 1, 2003, the department shall submit to the legislature under s. 13.172 (2) an evaluation of the effectiveness of the program established under this subsection.

SB394, s. 32 Section 32 . 115.28 (45) of the statutes is created to read:

SB394,22,18 115.28 (45) Wisconsin world geography fund. Enter into an agreement with the National Geographic Society Education Foundation that does all of the following:

SB394,22,20 (a) Establishes a Wisconsin world geography fund to be managed by the National Geographic Society Education Foundation.

SB394,22,23 (b) Requires the state superintendent to award a grant of $500,000 from the appropriation under s. 20.255 (3) (er) to the fund if the award is matched by a grant from the National Geographic Society.

SB394,22,25 (c) Requires the income and appreciation of the fund to be used to fund grants to educational programs that improve the geographic literacy of pupils and teachers.

SB394,23,4 (d) Requires that, annually, the National Geographic Society Education Foundation submit to the state superintendent a financial statement of the Wisconsin world geography fund account prepared by an independent auditor and a report on the recipients in the state who received a grant from the fund.

SB394,23,8 (e) Requires that if the state ceases to participate in the fund, or the National Geographic Society Education Foundation ceases to offer the fund, the state's contribution to the fund, along with any unexpended income or appreciation of the fund attributable to the state's contribution, be returned to the state.

SB394, s. 33 Section 33 . 115.455 of the statutes is created to read:

SB394,23,16 115.455 Foreign language immersion grants. Beginning in the 1999-2000 school year, the state superintendent shall award from the appropriation under s. 20.255 (2) (dr) at least one grant in each school year, on a competitive basis, to an educational organization, as defined by the state superintendent by rule, or consortium of educational organizations for the development and implementation of a foreign language immersion program in a public or private school in grades kindergarten to 6.

SB394, s. 34 Section 34 . 281.60 (2r) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB394,23,20 281.60 (2r) (a) Making loans for projects described in sub. (2), but not for the purpose of refinancing obligations incurred to conduct site investigations.

SB394, s. 35 Section 35 . 292.11 (14) of the statutes is created to read:

SB394,24,4 292.11 (14) Groundwater contaminations; institutional controls. In specifying the criteria for determining whether any further action is required under sub. (3) in a case involving groundwater contamination exceeding enforcement standards or preventive action limits established by the department under s. 160.07, 160.09 or 160.15, the department shall consider institutional controls, including municipal ordinances, that provide adequate notice to the public of groundwater contamination in the area affected by the groundwater contamination to be equivalent to recorded groundwater use restrictions.

SB394, s. 36 Section 36 . 292.15 (2) (at) (intro.) and 6. of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

SB394,24,14 292.15 (2) (at) Discharges discovered after environmental investigations. (intro.) Except as provided in sub. (6) or (7), a voluntary party is exempt from ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25 (1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules promulgated under those provisions, with respect to a discharge of a hazardous substance on or originating from a property if the discharge occurred before the environmental investigation under subd. 1. is completed and is discovered after the environmental investigation under subd. 5. is approved and if all of the following apply:

SB394,24,19 6. The voluntary party has not obtained approval of the investigation under subd. 1. or 5. or the agreement under subd. 2. by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the voluntary party knew or should have known about more discharges of hazardous substances than were revealed by the investigation conducted under subd. 1. or 5.

SB394, s. 37 Section 37 . 292.15 (2) (at) 5. of the statutes is created to read:

SB394,24,23 292.15 (2) (at) 5. After the discharge under subd. 4. is discovered, a 2nd environmental investigation of the property is conducted and is approved by the department.

SB394, s. 38 Section 38 . 292.15 (8) of the statutes is created to read:

SB394,25,7 292.15 (8) Groundwater contamination; institutional controls. In determining the criteria for issuing a certificate of completion in a case involving groundwater contamination exceeding enforcement standards or preventive action limits adopted by the department, the department shall consider institutional controls, including municipal ordinances, that provide adequate notice to the public of groundwater contamination in the area affected by the groundwater contamination to be equivalent to recorded groundwater use restrictions.

SB394, s. 39 Section 39 . 292.24 (title), (2) (intro.), (a), (b), (c), (f), (g) and (3) (a) to (c) of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

SB394,25,11 292.24 (title) Responsibility of local governmental units; hazardous waste or solid waste.

SB394,25,17 (2) Exemption from liability. (intro.) Except as provided in sub. (3), a local governmental unit is exempt from ss. 291.25 (1) to (5), 291.29 and 291.37, and rules promulgated under those provisions, with respect to the existence of a hazardous waste or solid waste discharge on property acquired in a way or for a purpose described in s. 292.11 (9) (e) 1m., if all of the following occur at any time before or after the date of acquisition:

SB394,25,20 (a) An environmental investigation of the property is conducted that is approved by the department and that identifies any hazardous waste or solid waste discharges that occurred on the property.

SB394,25,25 (b) The hazardous waste or solid waste discharges identified by the investigation under par. (a) are cleaned up by restoring the environment to the extent practicable with respect to the discharges and minimizing the harmful effects from the discharges in accordance with rules promulgated by the department and any contract entered into under those rules.

SB394,26,4 (c) The local governmental unit obtains an approval from the department stating that the property has been satisfactorily restored to the extent practicable with respect to the hazardous waste or solid waste discharges and that the harmful effects from the discharges have been minimized.

SB394,26,9 (f) The local governmental unit has not obtained the certification under par. (c) by fraud or misrepresentation, by the knowing failure to disclose material information or under circumstances in which the local governmental unit knew or should have known about more discharges of hazardous waste or solid waste than were revealed by the investigation conducted under par. (a).

SB394,26,11 (g) The local governmental unit did not cause the discharge of any hazardous waste or solid waste identified on the property.

SB394,26,14 (3) (a) A hazardous waste or solid waste treatment, storage or disposal facility that first begins operation after the date on which the local governmental unit acquired the property.

SB394,26,18 (b) A licensed hazardous waste or solid waste treatment, storage or disposal facility operated on the property before the date on which the local governmental unit acquired the property and that is operated after the date on which the local governmental unit acquired the property.

SB394,26,21 (c) Any hazardous waste or solid waste disposal facility that has been issued a license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated under those sections, for a period of long-term care following closure of the facility.

SB394, s. 40 Section 40 . 292.26 (2) (intro.) of the statutes is amended to read:

SB394,27,4 292.26 (2) (intro.) Except as provided in sub. (3), a local governmental unit is immune from civil liability related to the discharge of a hazardous substance on or from property owned or controlled by the local unit of government at the time that the discharge is discovered or on or from property formerly owned or controlled by the local governmental unit if the property that is no longer owned by the local governmental unit at the time that the discharge is discovered and if any of the following applies:

SB394, s. 41 Section 41 . 292.31 (11) of the statutes is created to read:

SB394,27,12 292.31 (11) Consideration of institutional controls. In specifying the criteria for determining whether any further action is necessary under sub. (3) in a case involving groundwater contamination exceeding enforcement standards or preventive action limits adopted by the department, the department shall consider institutional controls, including municipal ordinances, that provide adequate notice to the public of groundwater contamination in the area affected by the groundwater contamination to be equivalent to recorded groundwater use restrictions.

SB394, s. 42 Section 42 . 560.14 (4m) (a) (intro.) of the statutes is amended to read:

SB394,27,18 560.14 (4m) (a) (intro.) Subject to par. (b), the department may make a grant under this subsection from the appropriation under s. 20.143 (1) (fg) to a community-based organization or private nonprofit organization for a local, statewide or multistate venture capital development conference if all of the following apply:

SB394, s. 43 Section 43 . 560.14 (4m) (c) of the statutes is created to read:

SB394,27,22 560.14 (4m) (c) The department shall encourage the organizing of venture capital development conferences in the upper midwest region of the United States that satisfy the requirements under par. (a) 1. and 2.

SB394, s. 44 Section 44 . 560.27 of the statutes is created to read:

SB394,28,5 560.27 Productivity enhancement training expense certification. (1) Definition. In this section, "productivity enhancement training expenses" means expenses incurred by a business in providing training designed to increase the productivity of the business's employes and to promote or create jobs that require high degrees of skill to perform and that pay high wages. "Productivity enhancement training expenses" includes up to $2,000 in expenses incurred for needs assessment and consultation under sub. (4) (b).

SB394,28,10 (2) Program. The department shall develop, implement and administer a productivity enhancement training expense certification program to assist businesses in providing training to their employes that is designed to improve the employes' productivity and to promote, and provide workers for, jobs within the businesses that require high degrees of skill to perform and that pay high wages.