AB64: Bill Text

AB64,983 Section 983. 66.0131 (6) of the statutes is created to read:

AB64,511,20 66.0131 (6) School districts. Subsections (3) to (5) do not apply to school districts.

AB64,984 Section 984. 66.0301 (2) of the statutes is amended to read:

AB64,512,20 66.0301 (2) Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state. If a municipality is required to establish or maintain an agency, department, commission, or any other office or position to carry out a municipal responsibility, and the municipality joins with another municipality by entering into an intergovernmental cooperation contract under this subsection to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills the municipality's obligation to establish or maintain such entities or positions until the contract entered into under this subsection expires or is terminated by the parties. In addition, if 2 or more municipalities enter into an intergovernmental cooperation contract and create a commission under this section to jointly or regionally administer a function or project, the commission shall be considered to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under this section.

AB64,985 Section 985 . 66.0602 (2m) (a) of the statutes is amended to read:

AB64,513,5 66.0602 (2m) (a) If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to a political subdivision in any year in which the political subdivision does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB64,986 Section 986 . 66.0901 (1) (a) of the statutes is renumbered 66.0901 (1) (as).

AB64,987 Section 987 . 66.0901 (1) (ae) of the statutes is created to read:

AB64,513,10 66.0901 (1) (ae) “Agreement with a labor organization" means any agreement with a labor organization, including a collective bargaining agreement, a project labor agreement, or a community workforce agreement.

AB64,988 Section 988 . 66.0901 (1) (am) of the statutes is created to read:

AB64,513,12 66.0901 (1) (am) “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,989 Section 989 . 66.0901 (6) of the statutes is amended to read:

AB64,513,24 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The Except as provided in sub. (6m), the municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

AB64,990 Section 990 . 66.0901 (6m) of the statutes is created to read:

AB64,514,2 66.0901 (6m) Prohibited practices. A municipality may not do any of the following in a specification for bids for a public contract under this section:

AB64,514,4 (a) Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,514,6 (b) Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,514,12 (c) Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,991 Section 991 . 66.0901 (6s) of the statutes is created to read:

AB64,514,16 66.0901 (6s) Protected activity. Nothing in this section prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,992 Section 992 . 66.0901 (9) (a) of the statutes is amended to read:

AB64,514,19 66.0901 (9) (a) Notwithstanding sub. (1) (a) (as), in this subsection, “municipality" does not include the department of transportation.

AB64,993 Section 993 . 66.0903 (1) (c) of the statutes is amended to read:

AB64,514,22 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 (1) (b), 2015 stats.

AB64,994 Section 994 . 66.0903 (1) (f) of the statutes is amended to read:

AB64,514,25 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 (1) (e), 2015 stats.

AB64,995 Section 995. 66.0903 (1) (g) of the statutes is amended to read:

AB64,515,3 66.0903 (1) (g) “Prevailing wage rate" includes the meanings given under s. 66.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f), 2015 stats.

AB64,996 Section 996 . 66.0903 (1) (j) of the statutes is amended to read:

AB64,515,6 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 (1) (j) includes an owner-operator of a truck.

AB64,997 Section 997. 69.68 of the statutes is amended to read:

AB64,515,13 69.68 Statement of indebtedness to secretary of state. Each county, city, village, town, and technical college district and school district clerk shall, whenever required by the secretary of state, furnish a full and complete statement showing the bonded and all other indebtedness of the respective county, city, village, town, or technical college district or school district, the purposes for which the same was incurred and all accrued interest, if any, remaining unpaid.

AB64,998 Section 998 . 70.57 (4) (b) 1. of the statutes is amended to read:

AB64,515,18 70.57 (4) (b) 1. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's erroneous valuation.

AB64,999 Section 999 . 70.57 (4) (b) 2. of the statutes is amended to read:

AB64,515,23 70.57 (4) (b) 2. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's correct valuation.

AB64,1000 Section 1000 . 70.58 (1) of the statutes is amended to read:

AB64,516,10 70.58 (1) Except as provided in sub. subs. (2) and (3), there is levied an annual tax of two-tenths of one mill for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57, for the purpose of acquiring, preserving and developing the forests of the state and for the purpose of forest crop law and county forest law administration and aid payments, for grants to forestry cooperatives under s. 36.56, and for the acquisition, purchase and development of forests described under s. 25.29 (7) (a) and (b), the proceeds of the tax to be paid into the conservation fund. The tax shall not be levied in any year in which general funds are appropriated for the purposes specified in this section, equal to or in excess of the amount which the tax would produce.

AB64,1001 Section 1001 . 70.58 (2) of the statutes is amended to read:

AB64,516,18 70.58 (2) In each of 3 years beginning with the property tax assessments as of January 1, 2005, the department of revenue shall adjust the rate of the tax imposed under this section so that the percentage increase from the previous year in the total amount levied under this section does not exceed 2.6 percent. The rate determined by the department of revenue for the property tax assessment as of January 1, 2007, shall be the rate of the tax imposed under this section for all subsequent years, ending with the property tax assessments as of January 1, 2017.

AB64,1002 Section 1002 . 70.58 (3) of the statutes is created to read:

AB64,516,24 70.58 (3) In fiscal year 2017-18, and in each fiscal year thereafter, an amount equal to 0.1697 mills for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57 shall be transferred from the general fund to the conservation fund for the purposes described under sub. (1).

AB64,1003 Section 1003. 71.01 (6) (b) of the statutes is repealed.

AB64,1004 Section 1004. 71.01 (6) (j) 1. of the statutes is amended to read:

AB64,517,6 71.01 (6) (j) 1. For taxable years beginning after December 31, 2013, and before January 1, 2017, for individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2013, except as provided in subds. 2. and 3. and subject to subd. 4.

AB64,1005 Section 1005. 71.01 (6) (j) 3. i. of the statutes is created to read:

AB64,517,8 71.01 (6) (j) 3. i. Section 2004 of P.L. 114-41.

AB64,1006 Section 1006. 71.01 (6) (j) 3. j. of the statutes is created to read:

AB64,517,10 71.01 (6) (j) 3. j. Sections 503 and 504 of P.L. 114-74.

AB64,1007 Section 1007. 71.01 (6) (j) 3. k. of the statutes is created to read:

AB64,517,13 71.01 (6) (j) 3. k. Sections 103, 104, 124, 168, 184, 185, 190, 204, 303, 306, 336, and 341 of division Q of P.L. 114-113.

AB64,1008 Section 1008 . 71.01 (6) (j) 3. L. of the statutes is created to read:

AB64,517,15 71.01 (6) (j) 3. L. P.L. 114-239.

AB64,1009 Section 1009. 71.01 (6) (k) of the statutes is created to read:

AB64,517,21 71.01 (6) (k) 1. For taxable years beginning after December 31, 2016, for individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2016, except as provided in subds. 2. and 3. and subject to subd. 4.

AB64,518,11 2. For purposes of this paragraph, “Internal Revenue Code" does not include the following provisions of federal public laws for taxable years beginning after December 31, 2016: section 13113 of P.L 103-66; sections 1, 3, 4, and 5 of P.L. 106-519; sections 101, 102, and 422 of P.L 108-357; sections 1310 and 1351 of P.L. 109-58; section 11146 of P.L. 109-59; section 403 (q) of P.L. 109-135; section 513 of P.L. 109-222; sections 104 and 307 of P.L. 109-432; sections 8233 and 8235 of P.L. 110-28; section 11 (e) and (g) of P.L. 110-172; section 301 of P.L. 110-245; section 15351 of P.L. 110-246; section 302 of division A, section 401 of division B, and sections 312, 322, 502 (c), 707, and 801 of division C of P.L. 110-343; sections 1232, 1241, 1251, 1501, and 1502 of division B of P.L. 111-5; sections 211, 212, 213, 214, and 216 of P.L. 111-226; sections 2011 and 2122 of P.L. 111-240; sections 753, 754, and 760 of P.L. 111-312; section 1106 of P.L. 112-95; sections 104, 318, 322, 323, 324, 326, 327, and 411 of P.L. 112-240; P.L. 114-7; section 1101 of P.L. 114-74; section 305 of division P of P.L. 114-113; and sections 112, 123, 125 to 128, 143, 144, 151 to 153, 165 to 167, 169 to 171, 189, 191, 307, 326, and 411 of division Q of P.L. 114-113.

AB64,518,13 3. For purposes of this paragraph, “Internal Revenue Code" does not include amendments to the federal Internal Revenue Code enacted after December 31, 2016.

AB64,518,20 4. For purposes of this paragraph, the provisions of federal public laws that directly or indirectly affect the Internal Revenue Code, as defined in this paragraph, apply for Wisconsin purposes at the same time as for federal purposes, except that changes made by section 4007 (b) of P.L. 114-41, section 1102 of P.L. 114-74, sections 105, 111, 113 to 115, 133, 301, 302, 304, 305, 308, 311, 313 to 323, 325, 331, and 343 to 345 of division Q of P.L. 114-113 first apply for taxable years beginning after December 31, 2016.

AB64,1010 Section 1010. 71.03 (2) (i) 3. of the statutes is amended to read:

AB64,519,2 71.03 (2) (i) 3. There has been mailed sent to either spouse, with respect to that taxable year, a notice of adjustment under ss. 71.74 to 71.77 and the spouse, as to that notice, files a petition for redetermination under subch. XIV, except that, if both spouses request and the department consents, the election under par. (g) may be made.

AB64,1011 Section 1011. 71.03 (4) (b) of the statutes is amended to read:

AB64,519,7 71.03 (4) (b) The tax on income reported by persons making the election under par. (a) shall be computed by the department of revenue. After applying all known applicable credits, the department shall notify the taxpayer by mail of the amount of taxes due or the amount of taxes to be refunded.

AB64,1012 Section 1012. 71.04 (7) (dh) 2. b. of the statutes is amended to read:

AB64,519,11 71.04 (7) (dh) 2. b. The service relates to tangible personal property that is located in this state at the time that the service is received or tangible personal property that is delivered directly or indirectly to customers in this state.

AB64,1013 Section 1013. 71.04 (7) (dh) 2. c. of the statutes is amended to read:

AB64,519,14 71.04 (7) (dh) 2. c. The service is provided to purchased by an individual who is physically present in this state at the time that the service is received.

AB64,1014 Section 1014 . 71.05 (1) (c) 13. of the statutes is created to read:

AB64,519,17 71.05 (1) (c) 13. An entity described under, or an entity whose bonds are issued under, s. 66.1201, 66.1333, or 66.1335.

AB64,1015 Section 1015. 71.05 (6) (a) 26. (intro.) of the statutes is amended to read:

AB64,519,21 71.05 (6) (a) 26. (intro.) For the taxable year in which a distribution is received, all of the following amounts distributed from a college savings account, as described in s. 16.641 224.50:

AB64,1016 Section 1016. 71.05 (6) (a) 26. c. of the statutes is amended to read:

AB64,520,3 71.05 (6) (a) 26. c. To the extent that an amount is not otherwise added back under this subdivision, any amount withdrawn from a college savings account, as described in s. 16.641 224.50, for any purpose if the withdrawn amount was contributed to the account within 365 days of the day on which the amount was withdrawn from such an account and if the withdrawn amount was previously subtracted under par. (b) 32.

AB64,1017 Section 1017. 71.05 (6) (b) 23. of the statutes is amended to read:

AB64,520,8 71.05 (6) (b) 23. Any increase in value of a tuition unit that is purchased under a tuition contract under s. 16.64 224.48, except that the subtraction under this subdivision may not be claimed by any individual who received a refund under s. 16.64 224.48 (7) (a) 2., 3. or 4.

AB64,1018 Section 1018 . 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

AB64,520,16 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 38.50 440.52, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

AB64,1019 Section 1019. 71.05 (6) (b) 28. h. of the statutes is amended to read:

AB64,520,25 71.05 (6) (b) 28. h. No modification may be claimed under this subdivision for an amount paid for tuition expenses and mandatory student fees, as described under this subdivision, if the source of the payment is an amount withdrawn from a college savings account, as described in s. 16.641 224.50 or from a college tuition and expenses program, as described in s. 16.64 224.48, and if the owner of the account or a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary, who contributed to the account, has claimed a deduction under subd. 32. or 33. that relates to such an amount.

AB64,1020 Section 1020. 71.05 (6) (b) 31. of the statutes is amended to read:

AB64,521,5 71.05 (6) (b) 31. Any increase in value of a college savings account, as described in s. 16.641 224.50, except that the subtraction under this subdivision may not be claimed by any individual who has made a nonqualified withdrawal, as described in s. 16.641 224.50 (2) (e).

AB64,1021 Section 1021. 71.05 (6) (b) 32. (intro.) of the statutes is amended to read:

AB64,521,13 71.05 (6) (b) 32. (intro.) An amount paid into a college savings account, as described in s. 16.641 224.50, in the taxable year in which the contribution is made or on or before the 15th day of the 4th month beginning after the close of a taxpayer's taxable year to which this subtraction relates, by the owner of the account or by any other individual, for the benefit of any beneficiary of an account, calculated as follows, except that each amount that is subtracted under this subdivision may be subtracted only once:

AB64,1022 Section 1022. 71.05 (6) (b) 32m. of the statutes is amended to read:

AB64,521,21 71.05 (6) (b) 32m. Consistent with the limitations specified in subd. 32., for rollovers occurring after April 15, 2015, any principal amount rolled over to a college savings account, as described in s. 16.641 224.50, from another state's qualified tuition program, as described in 26 USC 529 (c) (3) (C) (i). Amounts eligible for the subtraction under this subdivision that are in excess of the annual limits specified under subd. 32. may be carried forward to future taxable years of the taxpayer without limitation, other than the limits specified in subd. 32. ae. and am.

AB64,1023 Section 1023. 71.05 (6) (b) 33. (intro.) of the statutes is amended to read:

AB64,522,3 71.05 (6) (b) 33. (intro.) An amount paid into a college tuition and expenses program, as described in s. 16.64 224.48, by the owner of the account or by a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary, if the beneficiary of the account is one of the following: the claimant; the claimant's child; the claimant's grandchild; the claimant's great-grandchild; or the claimant's niece or nephew; calculated as follows:

AB64,1024 Section 1024 . 71.05 (8) (b) 1. of the statutes is amended to read:

AB64,522,19 71.05 (8) (b) 1. A Except as provided in s. 71.80 (25), a Wisconsin net operating loss may be carried back against Wisconsin taxable income of the previous 2 years and then carried forward against Wisconsin taxable incomes of the next 20 taxable years, if the taxpayer was subject to taxation under this chapter in the taxable year in which the loss was sustained incurred, to the extent not offset against other income of the year of loss and to the extent not offset against Wisconsin modified taxable income of the 2 years preceding the loss and of any year between the loss year and the taxable year for which the loss carry-forward is claimed. In this paragraph, “Wisconsin modified taxable income" means Wisconsin taxable income with the following exceptions: a net operating loss deduction or offset for the loss year or any taxable year before or thereafter is not allowed, the deduction for long-term capital gains under subs. (6) (b) 9. and 9m. and (25) is not allowed, the amount deductible for losses from sales or exchanges of capital assets may not exceed the amount includable in income for gains from sales or exchanges of capital assets and “Wisconsin modified taxable income" may not be less than zero.

AB64,1025 Section 1025 . 71.06 (1q) (intro.) of the statutes is amended to read: