SECTION 10. 29.2295 (5) (b) of the statutes is amended to read:

29.2295 (5) (b) A requirement that the fees collected and retained by the band under sub. (3) and the payments received under sub. (4) be used only for fishery management within the reservation.
(End)
LRB-1312LRB-1312/1
RNK:cjs:rs
2009 - 2010 LEGISLATURE

DOA:......Wavrunek, BB0326 - Boating fee increases
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Navigable waters
Under current law, no person may operate a boat in the waters of this state unless the boat is covered by a certificate of number and a registration or the boat is exempt from those requirements. The fee for the issuance or renewal of a certificate of number varies and is generally based upon the size of the boat. This bill increases the certificate of number issuance and renewal fees for most boats other than nonmotorized sailboats.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 30.52 (3) (b) of the statutes is amended to read:

30.52 (3) (b) Fee for boats under 16 feet. The fee for the issuance or renewal of a certificate of number for a boat less than 16 feet in length is $19 $25.

SECTION 2. 30.52 (3) (c) of the statutes is amended to read:

30.52 (3) (c) Fee for boats 16 feet or more but less than 26 feet. The fee for the issuance or renewal of a certificate of number for a boat 16 feet or more but less than 26 feet in length is $28 $35.

SECTION 3. 30.52 (3) (d) of the statutes is amended to read:

30.52 (3) (d) Fee for boats 26 feet or more but less than 40 feet. The fee for the issuance or renewal of a certificate of number for a boat 26 feet or more but less than 40 feet in length is $52 $62.

SECTION 4. 30.52 (3) (e) of the statutes is amended to read:

30.52 (3) (e) Fee for boats 40 feet or longer. The fee for the issuance or renewal of a certificate of number for a boat 40 feet or more in length is $86 $99.
(End)
LRB-1313LRB-1313/1
RNK:cjs:rs
2009 - 2010 LEGISLATURE

DOA:......Wavrunek, BB0327 - Elk license fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Fish, game, and wildlife
Under current law, DNR issues various licenses, permits, stamps, tags, and other approvals authorizing hunting, fishing, and trapping. With certain limited exceptions, DNR charges a fee for these approvals. Among the approvals for which DNR charges a fee, are elk hunting licenses. In addition to the license fee, DNR also charges a processing fee for issuing an elk hunting license. This bill increases the processing fee from $2.75 to $9.75.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 29.563 (14) (a) 3. of the statutes is amended to read:

29.563 (14) (a) 3. The processing fee for applications for elk hunting licenses: $2.75 $9.75.
(End)
LRB-1314LRB-1314/1
RNK:cjs:rs
2009 - 2010 LEGISLATURE

DOA:......Wavrunek, BB0329 - Wildlife violator surcharge increase
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Fish, game, and wildlife
Under current law, if a court imposes a fine or forfeiture for a violation of certain laws regulating hunting, fishing, or trapping, or for a violation of other laws regulating wild animals, the court must also impose a wildlife violator compact surcharge of $5. The amount is collected by the court and paid to the county treasurer. The county treasurer must then pay the amount to the secretary of administration for deposit into the conservation fund. This bill increases the surcharge to $20.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 29.99 (1) of the statutes is amended to read:

29.99 (1) If a court imposes a fine or forfeiture for a violation of a provision of this chapter or an order issued under this chapter, the court shall impose a wildlife violator compact surcharge under ch. 814 equal to $5 $20 for the violation.

SECTION 9337. Initial applicability; Natural Resources.

(1) WILDLIFE VIOLATOR COMPACT SURCHARGE. The treatment of section 29.99 (1) of the statutes first applies to violations committed on the effective date of this subsection.
(End)
LRB-1319LRB-1319/2
MES:jld:jf
2009 - 2010 LEGISLATURE

DOA:......Weidner, BB0323 - Defer taxation on reinvested capital gains; new business ventures
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL

AN ACT ...; relating to: creating a procedure for certain taxpayers to defer taxation on certain reinvested capital gains.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, there is an income tax exclusion for individuals for 60 percent of the net capital gains realized from the sale of assets held for at least one year.
Under this bill, for taxable years beginning after December 31, 2010, an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation (claimant) may elect to defer the payment of income taxes on up to $10,000,000 of the gain realized from the sale of any capital asset held more than one year (original asset) that is treated as a long-term gain under the Internal Revenue Code, if the claimant completes a number of requirements.
Under the bill, the claimant must place the gain from the original asset in a segregated account in a financial institution, must invest all of the proceeds in a qualified new business venture (QNBV) as certified by the Department of Commerce (Commerce), within 180 days after the sale of the original asset that generated the gain, and must notify DOR on a form prepared by DOR that the claimant is deferring the payment of income tax on the gain from the original asset because the proceeds have been reinvested. The claimant must send the form to DOR with the claimant's income tax return for the year to which the claim relates. The amount of the investment must be equal to or greater than the gain generated by the sale of the original asset. Under the bill, a business may be certified by Commerce if the business is engaged in developing a new product or business process, manufacturing, agriculture, or processing or assembling products and conducting research and development, except that Commerce may not certify a business engaged in certain activities including real estate development, insurance, banking, lobbying, wholesale or retail sales, leisure, hospitality, transportation, or construction.
The bill also specifies that the basis of the investment shall be the amount of the investment minus the gain generated by the sale of the original asset. If a claimant defers the payment of income taxes on the gain generated by the sale of the original asset, the claimant may not use that gain to net the claimant's gains and losses as the claimant could do if the claimant did not elect to defer the payment of taxes on the gain.
Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 71.01 (13) of the statutes is amended to read:

71.01 (13) "Wisconsin adjusted gross income" means federal adjusted gross income, with the modifications prescribed in s. 71.05 (6) to (12), (19) and, (20), and (24).

SECTION 2. 71.05 (24) of the statutes is created to read:

71.05 (24) INCOME TAX DEFERRAL; LONG-TERM CAPITAL ASSETS. (a) In this subsection:

1. "Claimant" means an individual; an individual partner or member of a partnership, limited liability company, or limited liability partnership; or an individual shareholder of a tax-option corporation.

2. "Financial institution" has the meaning given in s. 69.30 (1) (b).

3. "Long-term capital gain" means the gain realized from the sale of any capital asset held more than one year that is treated as a long-term gain under the Internal Revenue Code.

4. "Qualified new business venture" means a business certified by the department of commerce under s. 560.208.

(b) For taxable years beginning after December 31, 2010, a claimant may subtract from federal adjusted gross income any amount, up to $10,000,000, of a long-term capital gain if the claimant does all of the following:

1. Deposits the gain into a segregated account in a financial institution.

2. Within 180 days after the sale of the asset that generated the gain, invests all of the proceeds in the account described under subd. 1. in a qualified new business venture.

3. After making the investment as described under subd. 2., notifies the department, on a form prepared by the department, that the claimant will not declare on the claimant's income tax return the gain described under subd. 1. because the claimant has reinvested the capital gain as described under subd. 2. The form shall be sent to the department along with the claimant's income tax return for the year to which the claim relates.

(c) The basis of the investment described in par. (b) 2. shall be calculated by subtracting the gain described in par. (b) 1. from the amount of the investment described in par. (b) 2.

(d) If a claimant defers the payment of income taxes on a capital gain under this subsection, the claimant may not use the gain described under par. (b) 1. to net capital gains and losses, as described under sub. (10) (c).

SECTION 3. 560.208 of the statutes is created to read:

560.208 Qualified new business ventures. (1) The department shall implement a program to certify qualified new business ventures for purposes of s. 71.05 (24). A business desiring certification shall submit an application to the department in each taxable year for which the business desires certification. Subject to sub. (2), a business may be certified under this subsection, and may maintain such certification, only if the business is engaged in one of the following:

(a) Developing a new product or business process.

(b) Manufacturing, agriculture, or processing or assembling products and conducting research and development.

(2) The department may not certify a business under sub. (1) if the business is engaged in real estate development, insurance, banking, lending, lobbying, political consultation, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail sales, leisure, hospitality, transportation, or construction.

(3) (a) The department shall maintain a list of businesses certified under sub. (1) and shall permit public access to the lists through the department's Internet Web site.

(b) The department of commerce shall notify the department of revenue of every certification issued under sub. (1) and the date on which a certification under sub. (1) is revoked or expires.
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