SB300: Bill Text

Note: Inserts missing period. The change is shown in the printed volumes.

SB300, s. 52 Section 52. 54.12 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act 387, section 310, is amended to read:

SB300,27,2 54.12 (1) Small estates. (intro.) If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding involving the assets is pending may, without requiring the appointment of a guardian, order that the register i in probate do one of the following:

Note: Corrects spelling. The change is shown in the printed volumes.

SB300, s. 53 Section 53. The treatment of 54.25 (2) (c) 1. g. of the statutes, as renumbered, by 2005 Wisconsin Act 387, section 476, is not repealed by 2005 Wisconsin Act 451, section 177. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 54.25 (2) (c) 1. g., as renumbered from s. 880.33 (9) by 2005 Wis. Act 387, reads:

g. The right to register to vote or to vote in an election, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB300, s. 54 Section 54. 55.01 (4g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (4i).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered s. 55.01 (4g) previously existed.

SB300, s. 55 Section 55. 55.01 (6) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6u).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6).

SB300, s. 56 Section 56. 55.01 (6d) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6vm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Maintains alphabetical order for definitions.

SB300, s. 57 Section 57. 55.01 (6g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6w).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Renumbers provision to maintain alphabetical order of definitions.

SB300, s. 58 Section 58. 55.01 (6t) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.01 (6s).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6t).

SB300, s. 59 Section 59. 55.06 (3) (d) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.075 (5) (bm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 renumbered s. 55.06 (3) (c) to s. 55.075 (5) (a).

SB300, s. 60 Section 60. 66.0216 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 66.0216 (1) (intro.).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). This provision is introductory to paragraphs (b) to (h) and should have been created as a subsection (intro.) provision.

SB300, s. 61 Section 61. 66.0617 (9) (a) of the statutes, as affected by 2005 Wisconsin Act 477, is amended to read:

SB300,29,3 66.0617 (9) (a) Subject to par. (b), an ordinance enacted under this section shall specify that impact fees that are imposed and collected by a municipality but are not used within 7 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, in as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 7-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

Note: Inserts correct word.

SB300, s. 62 Section 62. 66.0617 (9) (b) of the statutes, as created by 2005 Wisconsin Act 203, is amended to read:

SB300,29,11 66.0617 (9) (b) The 7-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the political subdivision municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 7-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.

Note: 2005 Wis. Act 203 created this provision. 2005 Wis. Act 477 changed the term "political subdivision" to "municipality" throughout all of the previously existing s. 66.0617 without taking the creation of sub. (9) (b) into account.

SB300, s. 63 Section 63. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

SB300,29,17 66.1105 (4) (gm) 4. a. Not less than 50%, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (b) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

Note: Corrects cross-reference. "Rehabilitation or conservation work" is defined in s. 66.1337 (2m) (a).

SB300, s. 64 Section 64. 66.1333 (5r) (b) 2. b. of the statutes, as affected by 2005 Wisconsin Act 453, section 4, is renumbered 66.1333 (5r) (b) 1. b.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 453 renumbered s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 2. b. but renumbered the remainder of s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 1. (intro.) and a. It did not renumber or create any other provision as a part of s. 66.1333 (5r) (b) 2.

SB300, s. 65 Section 65. 70.511 (2) (bm) of the statutes, as created by 2005 Wisconsin Act 405, is amended to read:

SB300,30,12 70.511 (2) (bm) No later than July 1 of each year, each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 shall notify the department of administration of the amount of all such refunds paid by the municipality in the previous fiscal year. Annually, no later than the 3rd Monday in November, from the appropriation account under s. 20.835 (2) (bm) (br), the department of administration shall pay to each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 an amount that is equal to 20 percent of the interest on such refunds paid by the municipality in the previous fiscal year and that has accrued up to the date of the determination by the tax appeals commission of the municipality's obligation.

Note: Section 20.835 (2) (bm), as created by 2004 Wisconsin Act 405, is renumbered 20.835 (2) (br) by this bill.

SB300, s. 66 Section 66. 71.05 (6) (a) 15. of the statutes, as affected by 2005 Wisconsin Acts 361, 479 and 483, is amended to read:

SB300,30,19 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5d), and (5e), (5f), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

Note: Deletes extra "and".

SB300, s. 67 Section 67. 71.07 (2dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,30,23 71.07 (2dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 68 Section 68. 71.07 (2dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,31,5 71.07 (2dm) (a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 69 Section 69. 71.07 (2dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,31,10 71.07 (2dm) (f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 70 Section 70. 71.07 (2dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,2 71.07 (2dm) (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 71 Section 71. 71.07 (2dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,10 71.07 (2dm) (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 72 Section 72. 71.07 (2dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,32,16 71.07 (2dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795, an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 73 Section 73. 71.07 (2dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,33,2 71.07 (2dx) (b) Credit. (intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 74 Section 74. 71.07 (2dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,33,14 71.07 (2dx) (c) Credit precluded. If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 75 Section 75. 71.07 (2dx) (d) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,34,2 71.07 (2dx) (d) Carry-over precluded. If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or 560.799 560.7995 (4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 76 Section 76. The treatment of 71.10 (4) (i) of the statutes by 2005 Wisconsin Act 361 is not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (4) (i) reads:

(i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under subch. IX, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), farmers' drought property tax credit under s. 71.07 (2fd), film production services credit under s. 71.07 (5f) (b) 2., veterans and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.

SB300, s. 77 Section 77. The treatments of 71.21 (4) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.21 (4) reads:

(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to partners shall be added to the partnership's income.

SB300, s. 78 Section 78. The treatments of 71.26 (2) (a) of the statutes by 2005 Wisconsin Acts 74, 361 and 479 are not repealed by 2005 Wisconsin Act 483. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.26 (2) (a) reads:

(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), (3w), (5b), (5e), (5f), (5g), and (5h) 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).

SB300, s. 79 Section 79. 71.28 (1dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,35,4 71.28 (1dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 80 Section 80. 71.28 (1dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,35,9 71.28 (1dm) (a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s. 560.799 560.7995.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 81 Section 81. 71.28 (1dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,35,14 71.28 (1dm) (f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 82 Section 82. 71.28 (1dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,36,7 71.28 (1dm) (j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 83 Section 83. 71.28 (1dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487 is amended to read:

SB300,36,15 71.28 (1dm) (k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.