"SECTION 1354m. 71.26 (2) (a) of the statutes is amended to read:
71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the 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), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), (3n), (3t), and (5b), (5g) 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 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).".
5.
Page 707, line 10: after that line insert:
"SECTION 1385h. 71.28 (5g) of the statutes is created to read:
71.28 (5g) HEALTH INSURANCE RISK-SHARING PLAN ASSESSMENTS CREDIT. (a) Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10 (5), who files a claim under this subsection.
(b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after December 31, 2005, a claimant may claim as a credit against the taxes imposed under s. 71.23 an amount that is equal to a percentage of the amount of assessment under s. 149.13 that the claimant paid in the taxable year, as determined under par. (c) 1.
(c) Limitations. 1. The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under par. (b) for each claimant for each taxable year so that the cost of the credit under this subsection and ss. 71.07 (5g), 71.47 (5g), and 76.655 is as close as practicable to $2,000,000 in the 2006-07 fiscal year and $5,000,000 in each fiscal year thereafter.
2. 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 amounts described under par. (b). 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 interests.
(d) Administration. Subsection (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit under this subsection.
SECTION 1385p. 71.30 (3) (dm) of the statutes is created to read:
71.30 (3) (dm) Health insurance risk-sharing plan assessments credit under s. 71.28 (5g).".
6.
Page 709, line 24: after that line insert:
"SECTION 1386m. 71.34 (1) (g) of the statutes is amended to read:
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), (1dm), (1ds), (1dx), (3), (3g), (3n), (3t), and (5b), and (5g) and passed through to shareholders.".
7.
Page 735, line 8: after that line insert:
"SECTION 1406m. 71.45 (2) (a) 10. of the statutes is amended to read:
71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx), (3n), and (5b), and (5g) 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), (3t), (4), and (5).".
8.
Page 741, line 7: after that line insert:
"SECTION 1428k. 71.47 (5g) of the statutes is created to read:
71.47 (5g) HEALTH INSURANCE RISK-SHARING PLAN ASSESSMENTS CREDIT. (a) Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10 (5), who files a claim under this subsection.
(b) Filing claims. Subject to the limitations provided under this subsection, for taxable years beginning after December 31, 2005, a claimant may claim as a credit against the taxes imposed under s. 71.43 an amount that is equal to a percentage of the amount of assessment under s. 149.13 that the claimant paid in the taxable year, as determined under par. (c) 1.
(c) Limitations. 1. The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under par. (b) for each claimant for each taxable year so that the cost of the credit under this subsection and ss. 71.07 (5g), 71.28 (5g), and 76.655 is as close as practicable to $2,000,000 in the 2006-07 fiscal year and $5,000,000 in each fiscal year thereafter.
2. 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 amounts described under par. (b). 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 interests.
(d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.
SECTION 1428p. 71.49 (1) (dm) of the statutes is created to read:
71.49 (1) (dm) Health insurance risk-sharing plan assessments credit under s. 71.47 (5g).".
9.
Page 760, line 22: after that line insert:
"SECTION 1474m. 76.655 of the statutes is created to read:
76.655 Health insurance risk-sharing plan assessments credit. (1) DEFINITIONS. In this section, "claimant" means an insurer, as defined in s. 149.10 (5), who files a claim under this section.
(2) FILING CLAIMS. Subject to the limitations provided under this section, for taxable years beginning after December 31, 2005, a claimant may claim as a credit against the fees imposed under ss. 76.60, 76.63, 76.65, 76.66 or 76.67 an amount that is equal to a percentage of the amount of assessment under s. 149.13 that the claimant paid in the taxable year, as determined under sub. (3).
(3) LIMITATIONS. The department of revenue, in consultation with the office of the commissioner of insurance, shall determine the percentage under sub. (2) for each claimant for each taxable year so that the cost of the credit under this section and ss. 71.07 (5g), 71.28 (5g), and 71.47 (5g) is as close as practicable to $2,000,000 in the 2006-07 fiscal year and $5,000,000 in each fiscal year thereafter.
(4) CARRY-FORWARD. If the credit under sub. (2) is not entirely offset against the fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 that are otherwise due, the unused balance may be carried forward and credited against those fees in the following 15 years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the assessment was paid and the year in which the carry-forward credit is claimed.
SECTION 1474p. 76.67 (2) of the statutes is amended to read:
76.67 (2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credit credits under s. ss. 76.635 and 76.655, except that the amount imposed shall not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under s. 76.62, less offsets allowed under s. 646.51 (7) or under s. ss. 76.635 and 76.655 against that total, and except that the amount imposed shall not be less than the amount due under s. 601.93.".
10.
Page 840, line 16: after that line insert:
"SECTION 1686m. 77.92 (4) of the statutes is amended to read:
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), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), and (5b), and (5g); 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 employee as defined in section 3121 (d) (3) of the Internal Revenue Code.".
(End)
LRBb0363LRBb0363/1
PJH:cjs:pg
2005 - 2006 LEGISLATURE
LFB:......Jon Dyck - Vehicle registration fees
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1011, line 16: delete lines 16 to 25.
2.
Page 1131, line 11: delete lines 11 and 12.
(End)
LRBb0364LRBb0364/1
PJH:cjs:jf
2005 - 2006 LEGISLATURE
LFB:......Jon Dyck - Vehicle title fees
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1131, line 14: delete "the first day of the 4th month beginning after publication" and substitute "October 1, 2005".
(End)
LRBb0365LRBb0365/1
PJH:cjs:rs
2005 - 2006 LEGISLATURE
LFB:......Jon Dyck - Freight rail preservation program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 376, line 7: delete "$39,000,000" and substitute "$44,500,000".
2.
Page 1091, line 10: after that line insert:
"(2q) FREIGHT RAIL PRESERVATION PROGRAM. In the 2005-07 fiscal biennium, from the public debt contracted under section 20.866 (2) (uw) of the statutes, the department of transportation shall allocate $5,000,000 annually for rail rehabilitation projects and $1,000,000 annually for rail bridge projects.".
(End)
LRBb0366LRBb0366/2
PJH:wlj:jf
2005 - 2006 LEGISLATURE
LFB:......Dyck - Local roads improvement program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 329, line 20: after that line insert:
"SECTION 276g. 20.395 (2) (fr) of the statutes is amended to read:
20.395 (2) (fr) Local roads improvement program, state funds. As a continuing appropriation, the amounts in the schedule for the local roads improvement program under s. 86.31 (3), and for the payment required under 1997 Wisconsin Act 27, section 9149 (4z).
SECTION 276r. 20.395 (2) (ft) of the statutes is created to read:
20.395 (2) (ft) Local roads improvement program; discretionary grants, state funds. As a continuing appropriation, the amounts in the schedule for the local roads improvement program under s. 86.31 (3g) to (3r).".
2.
Page 856, line 8: after that line insert:
"SECTION 1719g. 84.03 (3) (a) of the statutes is amended to read:
84.03 (3) (a) Subject to par. (b), the department shall, from the appropriations under s. 20.395 (3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the Marquette interchange reconstruction project under 2001 Wisconsin Act 16, section 9152 (5w), shall award a grant of $2,500,000 under s. 86.31 (3s), and shall award grants totaling $2,500,000 from the appropriation under s. 20.395 (3) (ck), to the city of Milwaukee for reconstruction of West Canal Street and extension of West Canal Street to USH 41 at Miller Park in the city of Milwaukee to serve as a transportation corridor for the purpose of mitigating traffic associated with the reconstruction of the Marquette interchange.
SECTION 1719r. 84.03 (3) (b) of the statutes is amended to read:
84.03 (3) (b) No grant may be awarded under par. (a) or s. 86.31 (3s) unless the city of Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction and extension project.".
3.
Page 864, line 11: after that line insert:
"SECTION 1741b. 86.31 (1) (b) of the statutes is repealed and recreated to read:
86.31 (1) (b) "Improvement" means:
1. With respect to a project funded under sub. (3), a highway construction project with a projected design life of at least 10 years or a feasibility study of a highway construction project with a projected design life of at least 10 years.
2. With respect to a project funded under subs. (3g) to (3r), a single highway construction project that may be let to contract in one or more components, with a projected design life of at least 10 years and that meets the minimum cost thresholds in subs. (3g) to (3r).
SECTION 1741d. 86.31 (2) (b) of the statutes is amended to read:
86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program sub. (3) shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).
SECTION 1741e. 86.31 (2) (br) of the statutes is created to read:
86.31 (2) (br) Improvements for highway construction projects funded under subs. (3g) to (3r) shall in all cases be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder.
SECTION 1741g. 86.31 (2) (c) of the statutes is amended to read:
86.31 (2) (c) Improvements consisting of feasibility studies funded under the program sub. (3) may be performed by political subdivisions or the department of transportation, including the making and execution of all contracts.
SECTION 1741h. 86.31 (2) (d) (intro.) of the statutes is amended to read:
86.31 (2) (d) (intro.) County trunk highway improvements funded under the program sub. (3), including the hauling and laying of asphaltic hot mix, may be performed by county highway departments, subject to the following restrictions:
SECTION 1741j. 86.31 (3) (title) of the statutes is repealed and recreated to read:
86.31 (3) (title) ENTITLEMENT COMPONENT.
SECTION 1741k. 86.31 (3) (a) (intro.) of the statutes is amended to read:
86.31 (3) (a) (intro.) Funds provided under s. 20.395 (2) (fr) shall be distributed under this subsection. For purposes of entitlement, the program shall consist of the following components:
SECTION 1741m. 86.31 (3) (b) (intro.) of the statutes is amended to read:
86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under subs. (3g), (3m) and (3r), the department shall allocate funds for entitlement as follows:
SECTION 1741o. 86.31 (3) (c) of the statutes is amended to read: