AB40: Bill Text

AB40,885,5 76.635 (1) (b) "Certified capital investment" has the meaning given in s. 560.29 (1) (b), 2009 stats.

AB40, s. 2155 Section 2155. 76.635 (1) (c) of the statutes is amended to read:

AB40,885,8 76.635 (1) (c) "Investment date" has the meaning given in s. 560.29 (1) (d), 2009 stats.

AB40, s. 2156 Section 2156. 76.635 (1) (d) of the statutes is amended to read:

AB40,885,11 76.635 (1) (d) "Investment pool" has the meaning given in s. 560.29 (1) (e), 2009 stats.

AB40, s. 2157 Section 2157. 76.635 (1) (e) of the statutes is amended to read:

AB40,885,14 76.635 (1) (e) "Qualified investment" has the meaning given in s. 560.29 (1) (g), 2009 stats.

AB40, s. 2158 Section 2158. 76.636 (1) (b) 1. of the statutes is amended to read:

AB40,885,16 76.636 (1) (b) 1. A development zone under s. 238.30 or s. 560.70, 2009 stats.

AB40, s. 2159 Section 2159. 76.636 (1) (b) 2. of the statutes is amended to read:

AB40,885,19 76.636 (1) (b) 2. A development opportunity zone under s. 238.395 or s. 560.795, 2009 stats.

AB40, s. 2160 Section 2160. 76.636 (1) (b) 3. of the statutes is amended to read:

AB40,885,22 76.636 (1) (b) 3. An enterprise development zone under s. 238.397 or s. 560.797, 2009 stats.

AB40, s. 2161 Section 2161. 76.636 (1) (b) 4. of the statutes is amended to read:

AB40,885,25 76.636 (1) (b) 4. An agricultural development zone under s. 238.398 or s. 560.798, 2009 stats.

AB40, s. 2162 Section 2162. 76.636 (1) (e) 13. of the statutes is amended to read:

AB40,886,3 76.636 (1) (e) 13. A food stamp recipient of benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036.

AB40, s. 2163 Section 2163. 76.636 (2) (intro.) of the statutes is amended to read:

AB40,886,11 76.636 (2) Credits. (intro.) Except as provided in s. 73.03 (35), and subject to s. 238.385 or s. 560.785, 2009 stats., for any taxable year for which an insurer is entitled under s. 238.395 or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., the insurer may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the following amounts:

AB40, s. 2164 Section 2164. 76.636 (2) (b) of the statutes is amended to read:

AB40,886,17 76.636 (2) (b) The amount determined by multiplying the amount determined under s. 238.385 (1) (b) or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40, s. 2165 Section 2165. 76.636 (2) (c) of the statutes is amended to read:

AB40,886,23 76.636 (2) (c) The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40, s. 2166 Section 2166. 76.636 (2) (d) of the statutes is amended to read:

AB40,887,8 76.636 (2) (d) The amount determined by multiplying the amount determined under s. 238.385 (1) (bm) or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in an enterprise development zone under s. 238.397 or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40, s. 2167 Section 2167. 76.636 (2) (e) of the statutes is amended to read:

AB40,887,16 76.636 (2) (e) The amount determined by multiplying the amount determined under s. 238.385 (1) (c) or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 238.385 or s. 560.785, 2009 stats., excluding jobs for which a credit has been claimed under s. 71.47 (1dj), in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) or the subsidies and reimbursements paid under s. 49.147 (3m) (c) for those jobs.

AB40, s. 2168 Section 2168. 76.636 (4) (intro.) of the statutes is amended to read:

AB40,887,22 76.636 (4) Credit precluded. (intro.) If the certification of a person for tax benefits under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., is revoked, or if the person becomes ineligible for tax benefits under s. 238.395 (3) or s. 560.795 (3), 2009 stats., that person may not do any of the following:

AB40, s. 2169 Section 2169. 76.636 (5) of the statutes is amended to read:

AB40,888,6 76.636 (5) Carry-over precluded. If a person who is entitled under s. 238.395 (3) or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 238.365 (3), 238.397 (4), or 238.398 (3) or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., 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.

AB40, s. 2170 Section 2170. 76.636 (6) of the statutes is amended to read:

AB40,888,11 76.636 (6) Administration. Any insurer who claims a credit under sub. (2) shall include with the insurer's annual return under s. 76.64 a copy of its certification for tax benefits and a copy of its verification of expenses from the department of commerce or the Wisconsin Economic Development Corporation.

AB40, s. 2171 Section 2171. 76.637 (1) of the statutes is amended to read:

AB40,888,15 76.637 (1) Definition. In this section, "claimant" means an insurer who files a claim under this section and is certified under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 238.303 or s. 560.703, 2009 stats.

AB40, s. 2172 Section 2172. 76.637 (2) of the statutes is amended to read:

AB40,888,21 76.637 (2) Filing claims. Subject to the limitations under this section, ss. 238.301 to 238.306, and ss. 560.701 to 560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the amount authorized for the claimant under s. 238.303 or s. 560.703, 2009 stats.

AB40, s. 2173 Section 2173. 76.637 (3) of the statutes is amended to read:

AB40,889,2 76.637 (3) Limitations. No credit may be allowed under this section unless the insurer includes with the insurer's annual return under s. 76.64 a copy of the claimant's certification under s. 238.301 (2) or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 238.303 (3) or s. 560.703 (3), 2009 stats.

AB40, s. 2174 Section 2174. 76.637 (4) of the statutes is amended to read:

AB40,889,13 76.637 (4) Administration. If an insurer's certification is revoked under s. 238.305 or s. 560.705, 2009 stats., or if an insurer becomes ineligible for tax benefits under s. 238.302 or s. 560.702, 2009 stats., the insurer may not claim credits under this section for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years and the insurer may not carry over unused credits from previous years to offset the fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years.

AB40, s. 2175 Section 2175. 76.638 (1) of the statutes is amended to read:

AB40,889,16 76.638 (1) Definitions. In this section, "fund manager" means an investment fund manager certified under s. 238.15 (2) or s. 560.205 (2), 2009 stats.

AB40, s. 2176 Section 2176. 76.638 (2) of the statutes is amended to read:

AB40,889,23 76.638 (2) Filing claims. For taxable years beginning after December 31, 2008, subject to the limitations provided under this subsection and s. 238.15 or s. 560.205, 2009 stats., an insurer may claim as a credit against the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67, 25 percent of the insurer's investment paid to a fund manager that the fund manager invests in a business certified under s. 238.15 or s. 560.205 (1), 2009 stats.

AB40, s. 2177 Section 2177. Chapter 77 (title) of the statutes is amended to read:

AB40,889,25 Chapter 77

AB40,890,15 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY, TRANSIT AUTHORITY, AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING economic development SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; PREMIER RESORT AREA TAXES; STATE RENTAL VEHICLE FEE; DRY CLEANING FEES; SOUTHEASTERN REGIONAL TRANSIT AUTHORITY FEE

AB40, s. 2178 Section 2178. 77.22 (2) (d) of the statutes is amended to read:

AB40,890,20 77.22 (2) (d) If the real estate transferred is not subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the reason why it is not so subject or the form prescribed by the department of commerce safety and professional services under s. 101.122 (6).

AB40, s. 2179 Section 2179. 77.54 (5) (am) of the statutes is created to read:

AB40,890,24 77.54 (5) (am) Modular homes, as defined in s. 101.71 (6), and manufactured homes, as defined in s. 101.91 (2), that are used in real property construction activities outside this state.

AB40, s. 2180 Section 2180. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,891,7 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin– Madison, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40, s. 2181 Section 2181. 77.54 (11m) of the statutes is created to read:

AB40,891,11 77.54 (11m) The sales price from the sales of and the storage, use, or other consumption of vegetable oil or animal fat that is converted into motor vehicle fuel that is exempt under s. 78.01 (2n) from the taxes imposed under s. 78.01 (1).

AB40, s. 2182 Section 2182. 77.61 (21) of the statutes is created to read:

AB40,891,17 77.61 (21) Beginning with the taxes that the department receives on July 1, 2012, the department shall annually estimate the amount of, and deposit into the transportation fund, the following percentages of the taxes collected under ss. 77.52 and 77.53 on the sale, lease, or use of motor vehicles and motor vehicle parts and accessories:

AB40,891,19 (a) For fiscal year 2012-13, 7.5 percent, except that the amount deposited under this paragraph may not exceed $35,127,000.

AB40,891,20 (b) For fiscal year 2013-14, 10 percent.

AB40,891,21 (c) For fiscal year 2014-15, 15 percent.

AB40,891,22 (d) For fiscal year 2015-16, 20 percent.

AB40,891,23 (e) For fiscal year 2016-17, 25 percent.

AB40,891,24 (f) For fiscal year 2017-18, 30 percent.

AB40,891,25 (g) For fiscal year 2018-19, 35 percent.

AB40,892,1 (h) For fiscal year 2019-20, 40 percent.

AB40,892,2 (i) For fiscal year 2020-21, 45 percent.

AB40,892,3 (j) For fiscal year 2021-22, and for each fiscal year thereafter, 50 percent.

AB40, s. 2183 Section 2183. 77.708 (1) of the statutes is amended to read:

AB40,892,10 77.708 (1) A transit authority created under s. 66.1039, by resolution and referendum under s. 66.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate not to exceed 0.5 percent of the sales price or purchase price. Those taxes may be imposed only in their entirety. The resolution and referendum shall be effective on the first day of the first calendar quarter that begins at least 120 days after the adoption of the resolution and affirmative result of the referendum.

AB40, s. 2184 Section 2184. Subchapter VII (title) of chapter 77 [precedes 77.92] of the statutes is amended to read:

AB40,892,13 Chapter 77

AB40,892,15 Subchapter VII Recycling Economic development surcharge

AB40, s. 2185 Section 2185. 77.93 (intro.) of the statutes is amended to read:

AB40,892,19 77.93 Applicability. (intro.) For the privilege of doing business in this state, there is imposed a recycling an economic development surcharge on the following entities:

AB40, s. 2186 Section 2186. 77.96 (6) of the statutes is amended to read:

AB40,892,22 77.96 (6) The department of revenue shall refer to the surcharge under this subchapter as the recycling economic development surcharge.

AB40, s. 2187 Section 2187. 77.97 of the statutes is amended to read:

AB40,893,3 77.97 Use of revenue. The department of revenue shall deposit the surcharge, interest and penalties collected under this subchapter in the recycling and renewable energy economic development fund under s. 25.49.

AB40, s. 2188 Section 2188. 79.01 (2d) of the statutes is amended to read:

AB40,893,10 79.01 (2d) There is established an account in the general fund entitled the "County and Municipal Aid Account." Beginning with the distributions in 2011, the The total amount to be distributed each year in 2011 to counties and municipalities from the county and municipal aid account is $824,825,715 and the total amount to be distributed to counties and municipalities in 2012, and in each year thereafter, from the county and municipal aid account is $728,825,715.

AB40, s. 2189 Section 2189. 79.02 (3) (e) of the statutes is amended to read:

AB40,893,17 79.02 (3) (e) For the distribution in 2004 and subsequent years, the total amount of the November payments to each county and municipality under s. 79.035 shall be reduced by an amount equal to the amount of supplements paid from the appropriation accounts under s. 20.435 (4) (b) and (gm) that the county or municipality received for the fiscal year in which a payment is made under this section, as determined under s. 49.45 (51).

AB40, s. 2190 Section 2190. 79.02 (5) of the statutes is created to read:

AB40,893,22 79.02 (5) (a) For the distribution in 2012, the total amount of the payments to all municipalities from the county and municipal aid account shall be reduced by $59,500,000 and the total amount of the payments to all counties from the county and municipal aid account shall be reduced by $36,500,000.

AB40,894,4 (b) 1. To calculate the reduction under this subsection for each municipality, the department of revenue shall first divide $59,500,000 by the total population of all municipalities. The department shall then adjust the result of the calculation to establish a per capita amount applied to all municipalities so that the reduction for each municipality is no more than the maximum allowable reduction under this subsection for that municipality and so that the total reductions to county and municipal aid payments for municipalities under this subsection is $59,500,000.

AB40,894,11 2. To calculate the reduction under this subsection for each county, the department of revenue shall first divide $36,500,000 by the total population of all counties. The department shall then adjust the result of the calculation to establish a per capita amount applied to all counties so that the reduction for each county is no more than the maximum allowable reduction under this subsection for that county and so that the total reductions to county and municipal aid payments for counties under this subsection is $36,500,000.

AB40,894,19 (c) The reduction for a municipality that has a population of less than 2,500 is the amount calculated by multiplying the amount determined under par. (b) 1. by the municipality's population, multiplied by the quotient of the municipality's population divided by 2,500, except that the reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 10 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57.