SB564: Bill Text

SB564,12,19 60.85 (1) (h) 2. c. General government operating expenses, unrelated to the planning or development of a tax incremental district.

Note: Deletes unnecessary comma.

SB564, s. 40 Section 40. 60.85 (6) (b) 3. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,13,6 60.85 (6) (b) 3. The limitations on the period during which expenditures may be made under subd. 1. do not apply to expenditures authorized by the adoption of an amendment to the project plan under sub. (3) (j), except that in no case may the total number of years during which expenditures are made exceed 7 years.

Note: Inserts missing word.

SB564, s. 41 Section 41. 60.85 (7) (a) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,13,16 60.85 (7) (a) Any person who operates for profit and is paid project costs under sub. (1) (h) 1. a., d., i. and j. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the local workforce development board established under 29 USC 2832, of any positions to be filled in the county in which the town which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.

Note: Deletes unnecessary comma.

SB564, s. 42 Section 42. 60.85 (7) (b) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,3 60.85 (7) (b) Any person who operates for profit and buys or leases property in a tax incremental district from a town for which the town incurs real property assembly costs under sub. (1) (h) 1. c. shall notify the department of workforce development and the local workforce development board established under 29 USC 2832, of any position to be filled in the county in which the town creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.

Note: Deletes unnecessary comma.

SB564, s. 43 Section 43. 60.85 (10) (c) (intro.) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,10 60.85 (10) (c) (intro.) Not later than February 15 of the year immediately following the year in which a town transmits to the department of revenue the notice required under par. (a), the town shall send to the department, on a form prescribed by the department, all of the following information that relates to the terminated tax incremental district:

Note: Inserts comma.

SB564, s. 44 Section 44. 60.85 (10) (c) 3. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,14 60.85 (10) (c) 3. The total amount of positive tax increments received by a the town.

Note: Replaces article consistent with the remainder of s. 60.85 (10) (c).

SB564, s. 45 Section 45. 62.23 (7) (hg) 1. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 858), is amended to read:

SB564,14,22 62.23 (7) (hg) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (h), but only for a specified period of time., after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

Note: Corrects punctuation.

SB564, s. 46 Section 46. The treatment of 66.0114 (1) (bm) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 66.0114 (1) (bm) reads:

(bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail surcharges imposed under ch. 814 shall be remitted to the county treasurer, within 20 days after their receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of any other costs, fees, and surcharges imposed under ch. 814, the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the secretary of administration the amount required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.

SB564, s. 47 Section 47. 66.1105 (4m) (b) 4. of the statutes, as created by 2003 Wisconsin Act 126, is renumbered 66.1105 (4m) (b) 4m.

Note: 2003 Wis. Act 127 also created a provision numbered 66.1105 (4m) (b) 4.

SB564, s. 48 Section 48. The treatment of 66.1105 (5) (a) of the statutes by 2003 Wisconsin Act 126 is not repealed by 2003 Wisconsin Act 127. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 10-1-04, s. 66.1105 (5) (a) reads:

(a) Subject to sub. (8) (d), upon the creation of a tax incremental district or upon adoption of any amendment subject to par. (c), its tax incremental base shall be determined as soon as reasonably possible. The department of revenue may impose a fee of $1,000 on a city to determine or redetermine the tax incremental base of a tax incremental district under this subsection.

SB564, s. 49 Section 49. 66.1105 (7) (am) 3. of the statutes, as created by 2003 Wisconsin Act 194, is amended to read:

SB564,16,10 66.1105 (7) (am) 3. For a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a).

Note: Inserts missing word.

SB564, s. 50 Section 50. 66.1105 (8) (c) (intro.) of the statutes, as created by 2003 Wisconsin Act 126, is amended to read:

SB564,16,17 66.1105 (8) (c) (intro.) After a city transmits to the department of revenue the notice required under par. (a), the city and the department shall agree on a date by which the city shall send to the department, on a form prescribed by the department, all of the following information that relates to the terminated tax incremental district:

Note: Inserts missing comma.

SB564, s. 51 Section 51. The treatments of 71.05 (6) (a) 15. of the statutes by 2003 Wisconsin Act 135 is not repealed by 2003 Wisconsin Act .... (Senate Bill 261). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 71.05 (6) (a) 15. reads:

15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (5b), and (5d) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

SB564, s. 52 Section 52. The treatment of 71.07 (3s) (c) 1. of the statutes by 2003 Wisconsin Act 99 is not repealed by 2003 Wisconsin Act .... (Assembly Bill 508). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 71.07 (3s) (c) 1. reads:

1. The credit under par. (b), including any credits carried over, may be offset only against the amount of the tax imposed upon or measured by the business operations of the claimant in which the fuel and electricity are consumed. Except as provided in subd. 7., if the credit computed is not entirely offset against taxes otherwise due, the unused balance shall be carried forward and credited against taxes otherwise due for the following 20 taxable years to the extent not offset by taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.

SB564, s. 53 Section 53. 71.08 (1) (intro.) of the statutes, as affected by 2003 Wisconsin Acts 135 and .... (Senate Bill 261), is amended to read:

SB564,17,14 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3n), (3s), (3t), (5b), (5d), (6), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), and (3n), and (3t) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), and (3n), and (3t) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust, or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

Note: Deletes "and" inserted by 2003 Wis. Act 135 but rendered superfluous by 2003 Wis. Act 99.

SB564, s. 54 Section 54. The treatments of 71.21 (4) of the statutes by 2003 Wisconsin Act 135 is not repealed by 2003 Wisconsin Act .... (Senate Bill 261). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 71.21 (4) reads:

(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), and (5b) and passed through to partners shall be added to the partnership's income.

SB564, s. 55 Section 55. 71.26 (2) (a) of the statutes, as affected by 2003 Wisconsin Acts 135, and .... (Senate Bill 261), is amended to read:

SB564,18,20 71.26 (2) (a) Corporations in general. The "net income" of a corporation means the gross income as computed under the Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1), (3), (4), and (5), minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), and (3n), (3t), and (5b) 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) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).

Note: Deletes "and" inserted by 2003 Wis. Act 135 but rendered superfluous by 2003 Wis. Act 99. The stricken comma was inserted by 2003 Wis. Act .... (Senate Bill 261) without being shown as scored; no change was intended.

SB564, s. 56 Section 56. The treatment of 71.28 (3) (c) 1. of the statutes by 2003 Wisconsin Act 99 is not repealed by 2003 Wisconsin Act .... (Assembly Bill 508). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 71.28 (3) (c) 1. reads:

1. Except as provided in subd. 7., if the credit computed under par. (b) is not entirely offset against Wisconsin income or franchise taxes otherwise due, the unused balance shall be carried forward and credited against Wisconsin income or franchise taxes otherwise due for the following 20 taxable years to the extent not offset by these taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.

SB564, s. 57 Section 57. 71.34 (1) (g) of the statutes, as affected by 2003 Wisconsin Acts 135 and .... (Senate Bill 261) is amended to read:

SB564,19,8 71.34 (1) (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), and (3n), (3t), and (5b) and passed through to shareholders.

Note: Deletes "and" inserted by 2003 Wis. Act 135, but rendered superfluous by 2003 Wis. Act 99.

SB564, s. 58 Section 58. 71.45 (2) (a) 10. of the statutes, as affected by 2003 Wisconsin Acts 135 and 2003 Wisconsin Act .... (Senate Bill 261), is amended to read:

SB564,19,16 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dx) and, (3n), and (5b) 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).

Note: Deletes "and" inserted by 2003 Wis. Act 135 but rendered superfluous by 2003 Wis. Act (SB 261).

SB564, s. 59 Section 59. The treatment of 71.47 (3) (c) 1. of the statutes by 2003 Wisconsin Act 99 is not repealed by 2003 Wisconsin Act .... (Assembly Bill 508). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 71.47 (3) (c) 1. reads:

1. Except as provided in subd. 7., if the credit computed under par. (b) is not entirely offset against Wisconsin income or franchise taxes otherwise due, the unused balance shall be carried forward and credited against Wisconsin income or franchise taxes otherwise due for the following 20 taxable years to the extent not offset by these taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.

SB564, s. 60 Section 60. The treatment of 77.92 (4) of the statutes by 2003 Wisconsin Act 135 is not repealed by 2003 Wisconsin Act .... (Senate Bill 261). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 71.92 (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), (3n), (3s), (3t), and (5b); 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.

SB564, s. 61 Section 61. 77.9961 (1) (e) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 324), is amended to read:

SB564,21,4 77.9961 (1) (e) The department may revoke a license issued under this subsection, if the person who holds the license fails to comply with any provision of this subchapter related to the fees imposed under this subchapter or any rule promulgated by the department related to the fees imposed under this subchapter, is delinquent with respect to taxes imposed by the department, or fails to timely file a return or report with respect to taxes imposed under chs. 71, 72, 76, 77, 78, or 139 after having been requested to file the return or report. Section 77.52 (11), as it applies to revoking a seller's permit, applies to revoking a license issued under this subsection.

Note: Deletes unnecessary comma.

SB564, s. 62 Section 62. 100.18 (3m) of the statutes is amended to read:

SB564,21,14 100.18 (3m) It is deceptive advertising to represent the retailing of merchandise to be a selling-out or closing-out sale if the merchandise is not of a bankrupt, insolvent, assignee, liquidator, adjuster, trustee, personal representative, receiver, wholesaler, jobber, manufacturer, or of any business that is in liquidation, that is closing out, closing, or disposing of its stock, that has lost its lease or has been or is being forced out of business, or that is disposing of stock on hand because of damage by fire, water, or smoke. This subsection does not apply to any "closing-out sale" of seasonable seasonal merchandise or any merchandise having a designated model year if the person conducting the sale is continuing in business.

Note: Inserts correct word form.

SB564, s. 63 Section 63. 100.20 (1m) of the statutes is amended to read:

SB564,22,2 100.20 (1m) It is an unfair trade method of competition in business to represent the retailing of merchandise to be a selling-out or closing-out sale if the merchandise is not of a bankrupt, insolvent, assignee, liquidator, adjuster, trustee, personal representative, receiver, wholesaler, jobber, manufacturer, or of any business that is in liquidation, that is closing out, closing, or disposing of its stock, that has lost its lease or has been or is being forced out of business, or that is disposing of stock on hand because of damage by fire, water, or smoke. This subsection does not apply to any "closing-out sale" of seasonable seasonal merchandise or any merchandise having a designated model year if the person conducting the sale is continuing in business.

Note: Inserts correct word form.

SB564, s. 64 Section 64. The treatment of 100.261 (2) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 100.261 (2) reads:

(2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection surcharge under this section. If the deposit is forfeited, the amount of the consumer protection surcharge shall be transmitted to the secretary of administration under sub. (3). If the deposit is returned, the consumer protection surcharge shall also be returned.

SB564, s. 65 Section 65. The treatment of 100.261 (3) (a) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 100.261 (3) (a) reads:

(a) The clerk of court shall collect and transmit the consumer protection surcharges imposed under ch. 814 to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

SB564, s. 66 Section 66. The treatment of 100.261 (3) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 100.261 (3) (b) reads:

(b) The secretary of administration shall deposit the consumer protection surcharges imposed under ch. 814 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

SB564, s. 67 Section 67. The treatment of 102.85 (4) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 102.85 (4) (c) reads:

(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the uninsured employer surcharge under this section. If the deposit is forfeited, the amount of the uninsured employer surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the uninsured employer surcharge shall also be returned.

SB564, s. 68 Section 68. The treatment of 102.85 (4) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 102.85 (4) (d) reads:

(d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the uninsured employer surcharge, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

SB564, s. 69 Section 69. 126.60 (title) of the statutes is amended to read: