SB300: Bill Text

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

SB300, s. 84 Section 84. 71.28 (1dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,36,21 71.28 (1dx) (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. 85 Section 85. 71.28 (1dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,37,7 71.28 (1dx) (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. 86 Section 86. 71.28 (1dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,37,19 71.28 (1dx) (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. 87 Section 87. 71.28 (1dx) (d) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,38,7 71.28 (1dx) (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. 88 Section 88. The treatment of 71.28 (4) (ad) 1. of the statutes, as renumbered, by 2005 Wisconsin Act 25, section 1383, is not repealed by 2005 Wisconsin Act 452, section 1. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (ad) 1., as renumbered from s. 71.28 (4) (a) by 2005 Wis. Act 452, reads:

1. Except as provided in subds. 2. and 3., any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation, except as provided in par. (af), and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh). Section 41 (h) of the Internal Revenue Code does not apply to the credit under this paragraph.

SB300, s. 89 Section 89. The treatment of 71.28 (4) (am) 1. of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 452. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (am) 1. reads:

1. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this subdivision. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this subdivision. Section 41 (h) of the Internal Revenue Code does not apply to the credit under this subdivision.

SB300, s. 90 Section 90. The treatments of 71.34 (1) (g) 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. 71.34 (1) (g) reads:

(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), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to shareholders.

SB300, s. 91 Section 91. The treatments of 71.45 (2) (a) 10. 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. 71.45 (2) (a) 10. reads:

10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx), (3n), (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) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).

SB300, s. 92 Section 92. 71.47 (1dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,39,10 71.47 (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. 93 Section 93. 71.47 (1dm) (a) 3. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,40,5 71.47 (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. 94 Section 94. 71.47 (1dm) (f) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,40,10 71.47 (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. 95 Section 95. 71.47 (1dm) (j) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,41,2 71.47 (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. 96 Section 96. 71.47 (1dm) (k) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,41,10 71.47 (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.

SB300, s. 97 Section 97. 71.47 (1dx) (a) 2. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,41,16 71.47 (1dx) (a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or 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. 98 Section 98. 71.47 (1dx) (b) (intro.) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,42,2 71.47 (1dx) (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. 99 Section 99. 71.47 (1dx) (c) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,42,14 71.47 (1dx) (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. 100 Section 100. 71.47 (1dx) (d) of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

SB300,43,2 71.47 (1dx) (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. 101 Section 101. The treatment of 71.47 (4) (ad) 1. of the statutes, as renumbered, by 2005 Wisconsin Act 25, section 1426, is not repealed by 2005 Wisconsin Act 452, section 9. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (ad) 1., as renumbered from 71.47 (4) (a) by 2005 Wis. Act 452, reads:

1. Except as provided in subds. 2. and 3., any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation, except as provided in par. (af), and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh). Section 41 (h) of the Internal Revenue Code does not apply to the credit under this paragraph.

SB300, s. 102 Section 102. The treatment of 71.47 (4) (am) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 452. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (am) reads:

(am) Development zone additional research credit. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this paragraph. Section 41 (h) of the Internal Revenue Code does not apply to the credit under this paragraph. No credit may be claimed under this paragraph for taxable years that begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.

SB300, s. 103 Section 103. The treatment of 71.935 (1) (a) of the statutes by 2005 Wisconsin Act 254 is not repealed by 2005 Wisconsin Act 454. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.935 (1) (a) reads:

(a) "Debt" means a parking citation of at least $20 that is unpaid and for which there has been no court appearance by the date specified in the citation or, if no date is specified, that is unpaid for at least 28 days; an unpaid fine, fee, restitution or forfeiture of at least $20; and any other debt that is at least $20, including debt related to property taxes, if the debt has been reduced to a judgment or the municipality or county to which the debt is owed has provided the debtor reasonable notice and an opportunity to be heard with regard to the debt.

SB300, s. 104 Section 104. The treatments of 77.92 (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. 77.92 (4) reads:

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

SB300, s. 105 Section 105. 77.9961 (1) (b) of the statutes is amended to read:

SB300,45,3 77.9961 (1) (b) The department may require, before or after the license is issued, that any person who submits an application for a license under par. (a) provide a security deposit to the department. For purposes of this paragraph, s. 77.61 (2), as it applies to a security deposit related to a seller's permit, applies to the a security deposit required under this subsection.

Note: Deletes unnecessary word.

SB300, s. 106 Section 106. 87.304 (2) (a) 1. of the statutes is amended to read:

SB300,45,7 87.304 (2) (a) 1. Issuing variances to floodplain zoning ordinances that will be consistent with 44 CFR 606 60.6 but that will allow repair or rehabilitation of historic properties in floodplains to the maximum extent feasible.

Note: Inserts missing decimal point. There is no 44 CFR 606. Variances and exceptions to floodplain management regulations are governed by 44 CFR 60.6.

SB300, s. 107 Section 107. 101.985 (4) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB300,45,16 101.985 (4) Criminal background check. Upon receipt of an application for a license under sub. (1), (2) (a), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if the applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.

Note: Inserts missing article.

SB300, s. 108 Section 108. The treatment of 111.01 (2) of the statutes by 2005 Wisconsin Act 253 is not repealed by 2005 Wisconsin Act 441. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 111.01 (2) reads:

(2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

SB300, s. 109 Section 109. 165.25 (4) (ar) of the statutes, as affected by 2005 Wisconsin Act 458, is amended to read:

SB300,46,8 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51, and 100.195 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

Note: Places cross-references in numerical order consistent with current style.

SB300, s. 110 Section 110. 182.0715 (2r) of the statutes, as created by 2005 Wisconsin Act 425, is renumbered 182.0175 (2r).

Note: Corrects transposed numbers. There is no s. 182.0715.

SB300, s. 111 Section 111. 193.471 (2) (a) 5. of the statutes, as created by 2005 Wisconsin Act 441, is amended to read:

SB300,47,4 193.471 (2) (a) 5. In the case of acts or omissions committed in an official capacity, as defined in sub. (1) (a) 1. or 2., the potential litigant reasonably believed that the acts or omissions were in the best interests of the cooperative or predecessor cooperative, as applicable, and, in the case of acts or omissions committed in an official capacity, as defined in sub. (1) (c) (a) 3. or 4., the potential litigant reasonably believed that the conduct was not opposed to the best interests of the cooperative or predecessor cooperative, as applicable. If the acts or omissions relate to conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the cooperative or predecessor cooperative if the potential litigant reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.

Note: Corrects cross-reference. There is no s. 193.471 (1) (c) 3. or. 4. "Official capacity" is defined in s. 193.471 (1) (a).

SB300, s. 112 Section 112. 218.04 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 158 and 462, is amended to read:

SB300,47,13 218.04 (1) (a) "Collection agency" means any person engaging in the business of collecting or receiving for payment for others of any account, bill or other indebtedness. It shall not include attorneys at law authorized to practice in this state and resident herein, banks, express companies, state savings banks, state savings and loan associations, insurers and their agents, trust companies, district attorneys acting under s. 971.41, persons contracting with district attorneys under s. 971.41 (5),, real estate brokers, and real estate salespersons.

Note: The underscored comma was removed by 2005 Wis. Act 158 but was required by the addition of text by 2005 Wis. Act 462. The stricken comma was inserted by 2005 Wis. Act 462 but was rendered surplusage by 2005 Wis. Act 158.

SB300, s. 113 Section 113. 227.21 (2) (a) of the statutes is amended to read:

SB300,47,20 227.21 (2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the revisor and the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.