Amendment ASA2-AB150

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, To 1995 ASSEMBLY BILL 150

June 19, 1995 - Offered by Representative Boyle.

AB150-ASA2,2,5 An Act to repeal 71.05 (6) (b) 9., 73.0305, 77.54 (5) (b), 77.54 (6) (a), 77.54 (6m), 77.54 (10), 77.54 (12), 77.54 (13), 77.54 (15), 77.54 (21), 77.54 (24), 77.54 (25), 77.54 (26), 77.54 (38), 77.54 (39), 119.46 (2), 120.105, 120.12 (3) (d), 120.12 (3) (e), 120.44 (3), 121.15 (3) and subchapter VII of chapter 121 [precedes 121.90]; to renumber and amend 119.46 (1); to amend 14.28 (3) (b) 2., 65.07 (1) (e), 71.01 (14), 71.05 (8) (b), 71.07 (3m) (c) 1., 71.07 (9) (b), 71.28 (2m) (c) 1., 71.28 (3) (a) 1., 71.36 (1m), 71.47 (2m) (c) 1., 71.47 (3) (a) 1., 77.51 (4) (b) 3., 77.51 (15) (b) 4., 77.52 (2) (a) 5., 77.52 (2) (a) 6., 77.54 (2m), 77.54 (3) (a), 77.54 (11), 79.01 (1), 79.03 (3c) (f), 79.03 (4), 79.058 (3) (b), 79.10 (11) (b), 121.15 (4) and 159.31 (1) (a); to repeal and recreate 20.255 (2) (ac); and to create 20.835 (2) (a), 20.865 (4) (gm), 77.52 (2) (a) 21., 77.52 (2) (a) 22., 77.52 (2) (a) 24., 77.52 (2) (a) 25., 77.52 (2) (a) 26., 77.52 (2) (a) 28., 77.52 (2) (a) 29., 77.52 (2) (a) 30., 77.52 (2) (a) 31., 77.52 (2) (a) 32., 77.52 (2) (a) 33., 77.52 (2) (a) 34., 77.52 (2) (a) 35., 77.52 (2) (a) 36., 77.52 (2) (a) 37., 77.52 (2) (a) 38., 77.52 (2) (a) 39., 77.52 (2) (a) 40., 77.52 (2) (a) 41., 77.52 (2) (a) 46., 77.52 (2) (a) 48., 77.52 (2) (a) 51., 77.52 (2) (a) 52., 77.52 (2) (a) 53., 77.52 (2) (a) 54., 77.52 (2) (a) 55., 77.52 (2) (a) 56., 77.52 (2) (a) 57., 77.52 (2) (a) 58., 77.52 (2) (a) 59., 77.52 (2) (a) 60., 77.52 (2) (a) 61., 77.52 (2) (a) 62., 77.52 (2) (a) 63., 77.52 (2) (a) 64., 79.058 (3) (c) and (d), 79.10 (11) (bm), 121.07 (1) (d) and 121.15 (1) (d) of the statutes; relating to: state finances and appropriations, constituting the executive budget act of the 1995 legislature, and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB150-ASA2, s. 1 Section 1. 14.28 (3) (b) 2. of the statutes is amended to read:

AB150-ASA2,2,12 14.28 (3) (b) 2. The foundation shall give priority to funding applications received from local units of government, educational institutions and libraries and shall give additional priority to funding applications received from school districts in which the allowable percentage increase in revenue under subch. VII of ch. 121 is less than the statewide average and to school districts in which the allowable revenue per pupil under subch. VII of ch. 121 is less than the statewide average.

AB150-ASA2, s. 2 Section 2. 20.255 (2) (ac) of the statutes, as affected by 1993 Wisconsin Act 437, is repealed and recreated to read:

AB150-ASA2,2,17 20.255 (2) (ac) General equalization aids. The amounts in the schedule for the payment of educational aids under ss. 121.08, 121.09 and 121.105 and subch. VI of ch. 121.

AB150-ASA2, s. 3 Section 3. 20.835 (2) (a) of the statutes is created to read:

AB150-ASA2,2,20 20.835 (2) (a) Lottery credit supplement. A sum sufficient to make the payments under s. 79.10 (11) (bm).

AB150-ASA2, s. 4 Section 4. 20.865 (4) (gm) of the statutes is created to read:

AB150-ASA2,3,8 20.865 (4) (gm) Temporary supplements. A sum sufficient to supplement by 3% all appropriations, except sum sufficient appropriations, the appropriation under s. 20.255 (2) (ac) and appropriations made from segregated funds, for the 1995-96 fiscal year, to supplement the appropriation under s. 20.255 (2) (ac) by 5% for the 1995-96 fiscal year, to supplement by 3% all appropriations except sum sufficient appropriations, the appropriation under s. 20.255 (2) (ac) and appropriations made from segregated funds, considering that the base for the increase includes the supplement made for the 1995-96 fiscal year, and to supplement by 5% the appropriation under s. 20.255 (2) (ac), considering that the base for increases includes the supplement made for the 1995-96 fiscal year.

AB150-ASA2, s. 5 Section 5. 65.07 (1) (e) of the statutes is amended to read:

AB150-ASA2,3,11 65.07 (1) (e) A school operations fund, as constituted and for the purposes specified in s. 119.46 (1).

AB150-ASA2, s. 6 Section 6. 71.01 (14) of the statutes is amended to read:

AB150-ASA2,3,16 71.01 (14) "Wisconsin net operating loss" of persons other than corporations means "federal net operating loss" adjusted as prescribed in s. 71.05 (6) (a) and (b), (7) to (12) and (19) to (21), except s. 71.05 (6) (b) 9., except that no deductions allowable on schedule A for federal income tax purposes are allowable.

AB150-ASA2, s. 7 Section 7. 71.05 (6) (b) 9. of the statutes is repealed.

AB150-ASA2, s. 8 Section 8. 71.05 (8) (b) of the statutes is amended to read:

AB150-ASA2,4,6 71.05 (8) (b) A Wisconsin net operating loss may be carried forward against Wisconsin taxable incomes of the next 15 taxable years, if the taxpayer was subject to taxation under this chapter in the taxable year in which the loss was sustained, 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 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 thereafter is not allowed, the deduction for long-term capital gains under sub. (6) (b) 9. 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.

AB150-ASA2, s. 9 Section 9. 71.07 (3m) (c) 1. of the statutes is amended to read:

AB150-ASA2,4,12 71.07 (3m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% 75% of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.

AB150-ASA2, s. 10 Section 10. 71.07 (9) (b) of the statutes is amended to read:

AB150-ASA2,4,18 71.07 (9) (b) Subject to the limitations under this subsection, a claimant may claim as a credit against, but not to exceed the amount of, taxes under s. 71.02, 10% of the first $2,000 of property taxes or 20% of the first $2,000 of rent constituting property taxes, or 10% of the first $1,000 of property taxes or 20% of the first $2,000 of rent constituting property taxes of a married person filing separately.

AB150-ASA2, s. 11 Section 11. 71.28 (2m) (c) 1. of the statutes is amended to read:

AB150-ASA2,4,24 71.28 (2m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% 75% of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.

AB150-ASA2, s. 12 Section 12. 71.28 (3) (a) 1. of the statutes is amended to read:

AB150-ASA2,5,2 71.28 (3) (a) 1. "Manufacturing" has the meaning given in s. 77.54 (6m), 1993 stats.

AB150-ASA2, s. 13 Section 13. 71.36 (1m) of the statutes is amended to read:

AB150-ASA2,5,20 71.36 (1m) A tax-option corporation may deduct from its net income all amounts included in the Wisconsin adjusted gross income of its shareholders, the capital gain deduction under s. 71.05 (6) (b) 9 and all amounts not taxable to nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes of this subsection, interest on federal obligations is not included in shareholders' income. The proportionate share of the net loss of a tax-option corporation shall be attributed and made available to shareholders on a Wisconsin basis but subject to the limitation and carry-over rules as prescribed by section 1366 (d) of the internal revenue code. Net operating losses of the corporation to the extent attributed or made available to a shareholder may not be used by the corporation for further tax benefit. For purposes of computing the Wisconsin adjusted gross income of shareholders, tax-option items shall be reported by the shareholders and those tax-option items, including capital gains and losses, shall retain the character they would have if attributed to the corporation, including their character as business income. In computing the tax liability of a shareholder, no credit against gross tax that would be available to the tax-option corporation if it were a nontax-option corporation may be claimed.

AB150-ASA2, s. 14 Section 14. 71.47 (2m) (c) 1. of the statutes is amended to read:

AB150-ASA2,6,2 71.47 (2m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% 75% of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.

AB150-ASA2, s. 15 Section 15. 71.47 (3) (a) 1. of the statutes is amended to read:

AB150-ASA2,6,5 71.47 (3) (a) 1. "Manufacturing" has the meaning given in s. 77.54 (6m), 1993 stats.

AB150-ASA2, s. 16 Section 16. 73.0305 of the statutes is repealed.

AB150-ASA2, s. 17 Section 17. 77.51 (4) (b) 3. of the statutes is amended to read:

AB150-ASA2,6,12 77.51 (4) (b) 3. In all transactions in which an article of tangible personal property, except an automobile or truck, is traded toward the purchase of an article of greater value, the gross receipts shall be only that portion of the purchase price represented by the difference between the full purchase price of the article of greater value and the amount allowed for the article traded.

AB150-ASA2, s. 18 Section 18. 77.51 (15) (b) 4. of the statutes is amended to read:

AB150-ASA2,6,18 77.51 (15) (b) 4. In all transactions in which an article of tangible personal property, except an automobile or truck, is traded toward the purchase of an article of greater value, the sales price shall be only that portion of the purchase price represented by the difference between the full purchase price of the article of greater value and the amount allowed for the article traded.

AB150-ASA2, s. 19 Section 19. 77.52 (2) (a) 5. of the statutes is amended to read:

AB150-ASA2,6,23 77.52 (2) (a) 5. The sale of telecommunications services , not including services paid for by the insertion of coins in a coin-operated telephone, that originate in this state and are charged to a service address in this state, regardless of the location where that charge is billed or paid.

AB150-ASA2, s. 20 Section 20. 77.52 (2) (a) 6. of the statutes is amended to read:

AB150-ASA2,7,4 77.52 (2) (a) 6. Laundry, dry cleaning, pressing and dyeing services, except when performed on raw materials or goods in process destined for sale, except when performed on cloth diapers by a diaper service and except when the service is performed by the customer through the use of coin-operated, self-service machines.

AB150-ASA2, s. 21 Section 21. 77.52 (2) (a) 21. of the statutes is created to read:

AB150-ASA2,7,12 77.52 (2) (a) 21. Legal services and related legal services, including but not limited to legal advice and counseling services; tax counseling services; research; appearing before administrative agencies and court; litigation; drafting legal papers; preparing tax returns; negotiation; mediation and arbitration services; collection services; notarizing papers; lobbying; reporting and transcribing services; investigation services; abstracting and title services; and acting as a personal representative, guardian or conservator of a person's property or estate.

AB150-ASA2, s. 22 Section 22. 77.52 (2) (a) 22. of the statutes is created to read:

AB150-ASA2,7,15 77.52 (2) (a) 22. Notwithstanding subd. 10., the amount charged for labor and service used in installing floor covering in real property.

AB150-ASA2, s. 23 Section 23. 77.52 (2) (a) 24. of the statutes is created to read:

AB150-ASA2,7,17 77.52 (2) (a) 24. Repair and construction services performed on real property.

AB150-ASA2, s. 24 Section 24. 77.52 (2) (a) 25. of the statutes is created to read:

AB150-ASA2,7,20 77.52 (2) (a) 25. Telephone answering, paging, voice messaging and voice mail services.

AB150-ASA2, s. 25 Section 25. 77.52 (2) (a) 26. of the statutes is created to read:

AB150-ASA2,7,22 77.52 (2) (a) 26. Background music and wired music services.

AB150-ASA2, s. 26 Section 26. 77.52 (2) (a) 28. of the statutes is created to read:

AB150-ASA2,8,4 77.52 (2) (a) 28. Janitorial and cleaning services, including but not limited to stripping, refinishing, vacuuming, shampooing, washing, dusting, polishing, sanitizing, dyeing and waxing of equipment, carpets, walls, floors, ceilings, plumbing fixtures, motor vehicles or any other property; cleaning windows; snow plowing and removal; smoke damage restoration and emptying containers but not including garbage collection and removal.

AB150-ASA2, s. 27 Section 27. 77.52 (2) (a) 29. of the statutes is created to read:

AB150-ASA2,8,11 77.52 (2) (a) 29. Protective services, including but not limited to guarding; crowd control; shoplifting protection; patrolling; nightwatch or personal protection services; monitoring of mechanical protection devices such as burglar and fire alarm systems, door access control systems and closed circuit television systems; armored car and bonded courier services; burglary protection services; fur storage; and clothes and baggage checking for safekeeping.

AB150-ASA2, s. 28 Section 28. 77.52 (2) (a) 30. of the statutes is created to read:

AB150-ASA2,8,16 77.52 (2) (a) 30. Disinfecting and exterminating services, including but not limited to disinfecting buildings and other real and personal property; exterminating insects, rodents, termites and other pests; bird proofing; deodorizing or cleaning rest rooms; washroom sanitation services; and fumigating services.

AB150-ASA2, s. 29 Section 29. 77.52 (2) (a) 31. of the statutes is created to read:

AB150-ASA2,8,23 77.52 (2) (a) 31. Interior design and decorating services, including but not limited to layout, design and installation of drapery, furniture, equipment and accessories; layout and design of carpets; color coordination services; finishes and accessories specification services; space planning; paperhanging, painting, carpet repair; disaster cleanup; and remodeling or new construction design services of interiors of buildings.

AB150-ASA2, s. 30 Section 30. 77.52 (2) (a) 32. of the statutes is created to read:

AB150-ASA2,9,5 77.52 (2) (a) 32. Credit rating and collection services, including but not limited to collection by a central agency; mercantile, government or consumer credit reporting; financial rating services; collection or adjustment of claims; services provided by collection agencies, credit rating agencies, credit bureaus and credit reporting agencies relating to collection of money or property; and credit reports.

AB150-ASA2, s. 31 Section 31. 77.52 (2) (a) 33. of the statutes is created to read:

AB150-ASA2,9,22 77.52 (2) (a) 33. Business management, public relations and business consulting services, including but not limited to business research services; business organizing, merger, acquisition and reorganization services; economic research services; efficiency expert services; financial management services; industrial and commercial development planning services; industrial management services; lobbying; management consulting services; management engineering services; market analysis or research services; merchandising services; counseling services; motel and commercial management services; operations research, opinion and training consulting services; personnel management services; personnel training and consulting; planning consultant services; programmed instruction services; site locator services; surveys for location of businesses; personnel supply services; research and development laboratory services; systems engineering; systems research and development; testing services for education of personnel; traffic consulting services; product consulting; human resources development; career planning; communications and human relations training and development; and personnel benefits, compensation and classification consulting services.

AB150-ASA2, s. 32 Section 32. 77.52 (2) (a) 34. of the statutes is created to read:

AB150-ASA2,9,25 77.52 (2) (a) 34. Services rendered in real estate practice, as defined in s. 452.01 (6).

AB150-ASA2, s. 33 Section 33. 77.52 (2) (a) 35. of the statutes is created to read:

AB150-ASA2,10,9 77.52 (2) (a) 35. Architectural, engineering and surveying services, and other related services, including but not limited to designing landscapes, products, machinery, the interior and exterior of buildings and other property; industrial, civil, electrical, mechanical, design, marine, petroleum, photogrammetric, lighting, heating, air conditioning, ventilating, energy, plumbing, structural, sound, safety, sanitary, water, hydraulic, pollution control, solar and chemical engineering services; land, water and aerial surveying; soil borings; soil and concrete testing; foundation investigations; and percolation testing.

AB150-ASA2, s. 34 Section 34. 77.52 (2) (a) 36. of the statutes is created to read:

AB150-ASA2,10,17 77.52 (2) (a) 36. Accounting and related accounting services, including but not limited to auditing; bookkeeping; analyzing records, systems and statements; accounting advice and counseling services; tax counseling services; preparing accounting books and records, financial statements and tax returns; designing, implementing or converting record-keeping systems; financial planning; management and advisory services; appearing before administrative agencies; and lobbying.

AB150-ASA2, s. 35 Section 35. 77.52 (2) (a) 37. of the statutes is created to read:

AB150-ASA2,11,6 77.52 (2) (a) 37. Automatic data processing, computer and related services, including but not limited to addressing materials; analyzing; coding; computing; consulting; designing, implementing or converting systems; keypunching; keystroke verifying; programming and all charges for programs or software whether or not transferred in a tangible form, including program storage and maintenance; preparing financial statements and tax returns; preparing labels; printing; processing data, including receiving source documents, recording data in machine readable form, making corrections, rearranging or creating new information as the result of the processing; providing tabulated listings or recording output on other media; summarizing, computing, extracting, sorting, sequencing or updating a continuous file of information; proof listing; reformatting of data; tabulating; and time-sharing of equipment or computers through remote access by telephone lines, microwave or other means.