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Bill Tracking – Taxes – 2011-12 Legislative Session

Jason Culotta, Director of Tax & Transportation Policy
Bill Number/AuthorSummary/StatusWMC Position
AB 1 /SB 5   –   Jobs Now Tax Credit    (Williams/Hopper) 
Bill Text
Bill History
Summary:This legislation allows Jobs Tax Credit refunds to be claimed earlier than under current law.  Up to $10 million in credits can be claimed in one year by employers based on the wages paid to new employees and on employee training costs.  The program is capped at $14.5 million in refundable credits.Status: AB 1 passed the Assembly on Oct. 18, 2011, by a vote of 95-2 and the Senate on Oct. 20, 2011, by a 32-1 vote.  It was signed into law by the Governor on Dec. 6, 2011, as 2011 Act 88.Support
AB 2 /SB 4   –   Enterprise Zones    (Rivard/Galloway) 
Bill Text
Bill History
Summary:This legislation increases the number of enterprise zones from 12 to 20. Enterprise zones are used by the Wisconsin Economic Development Corporation to attract and retain businesses in Wisconsin by offering tax incentives to firms that locate within the zones. The legislation stipulates that three zones must be in rural areas (municipalities with a population less than 5,000) and two other zones must be in municipalities with populations between 5,000 and 30,000. The tax credits available with an enterprise zone designation include a jobs tax credit for jobs created and retained; a payroll tax credit; credits for job training; credits for capital expenditures within the enterprise zone; and credits for purchasing from Wisconsin-based suppliers.Status: AB 2 passed the Assembly on April 12th by a vote of 79-12. The Senate concurred on May 10th with a 26-7 margin. The bill was signed into law as 2011 Wisconsin Act 26 on June 10, 2011.Support
AB 3 /SB 3   –   New Hire Tax Benefit    (Endsley/Leibham) 
Bill Text
Bill History
Summary:This legislation allows a business that hires fifteen new full-time employees to claim a tax benefit. The business would retain the amount of withholding taxes normally required on the new employees’ wages rather than submit that amount as tax withheld. A company could receive this benefit for five years and could apply for an extension of an additional five years. Under the bill, the withholding tax retained by the business would be considered as submitted to the state Department of Revenue as withholding tax.Status: No action was taken on AB 3.Support
AB 6 /SB 10   –   Capital Gains Tax Repeal    (Kuglitsch/Hopper) 
Bill Text
Bill History
Summary:This legislation increases the income tax exclusion for capital gains to 60% for tax year 2012, 80% for tax year 2013, and 100% for tax year 2014 and beyond. The current income tax exclusion is 30% and was adopted in 2009; prior to that, the exclusion was set at 60%. Individuals, fiduciaries, members of partnerships and limited liability companies, and shareholders of tax-option corporations can claim the exclusion. It applies to net long-term capital gains realized from the sale of assets held for more than one year.Status: No action was taken on AB 6.Support
AB 13   –   Beloit Development Opportunity Zone    (Loudenbeck/Cullen) 
Bill Text
Bill History
Summary:This legislation establishes a development opportunity zone in the City of Beloit. Development opportunity zones are areas designated by the state in which certain tax benefits can be provided for environmental remediation, job creation, and capital investment. Zones are authorized for five years, during which time up to $5 million in tax benefits can be allocated to businesses operating within the zone. The Cities of Janesville and Kenosha also have development opportunity zones presently in effect. Beloit had a previous zone that expired in September 2010.Status: AB 13 passed the Assembly on April 12th by a vote of 89-4 and the Senate on June 8th by a 33-0 margin. The bill was signed into law on July 18, 2011, as 2011 Wisconsin Act 37.Support
AB 85   –   Capital Gains Tax Reduction    (Ziegelbauer/Leibham)
Bill Text
Bill History
Summary:This legislation increases the income tax exclusion for capital gains to 60%. The bill would take effect for tax year 2011 if adopted before July 31, 2011, or for tax year 2012 if adopted after that date. The current income tax exclusion is 30% and was adopted in 2009; prior to that, the exclusion was set at 60%. Individuals, fiduciaries, members of partnerships and limited liability companies, and shareholders of tax-option corporations can claim the exclusion. It applies to net long-term capital gains realized from the sale of assets held for more than one year.Status: No action was taken on AB 85.Support
AB 107 /SB 60   –   Business Expansion Credit    (Petryk/Wanggaard) 
Bill Text
Bill History
Summary:This bill establishes a business expansion property tax credit. The credit is applied to improvements and acquisitions made as part of the business expanding within a municipality. To qualify, a business would need to add at least ten more jobs than it had three months before applying for the credit. The credit would first apply to property tax bills issued in December 2011 and could be claimed for two years.Status: AB 107 was passed by the Assembly Jobs Committee on Oct. 4, 2011, by a vote of 13-1.  No further action was taken.Support
AB 213   –   Adult Dependent Child Insurance Mandate Tax    (Doyle/Vinehout) 
Bill Text
Bill History
Summary:This legislation federalizes the state tax code to prevent the taxation of the imputed income for insurance coverage provided by an employer to an employee with adult dependent children.Status: No action was taken on AB 213.Support
AB 220 /SB 164   –   Workplace Wellness    (Murtha/Moulton) 
Bill Text
Bill History
Summary:This legislation creates an income and franchise tax credit for workplace wellness programs equal to 30% of the cost of providing such a program to employees.  A workplace wellness program must include a health risk assessment.Status:AB 220 was passed by the Assembly Health Committee on Oct. 1, 2011, by a  vote of 10-1.  No further action was taken.Support
AB 225 /SB 160   –   Treatment of Capital Losses    (J. Ott/Kedzie) 
Bill Text
Bill History
Summary:This legislation federalizes the treatment for capital losses by eliminating the $500 annual limit on capital loss deductions beginning with tax year 2012. Currently, the maximum capital loss that can be deducted annually is $500. The federal limit is $3,000.Status: A public hearing was held on AB 225 in the Assembly Jobs Committee on March 8, 2012.  No further action was taken.Support
AJR 9 /SJR 8   –   Supermajority Tax Requirement    (August/Vukmir) 
Bill Text
Bill History
Summary:This constitutional amendment requires a two-thirds “supermajority” vote in the Legislature to pass increases in the state sales or individual income taxes. This is the first consideration of the amendment; constitutional amendments require two successive state legislatures to approve identical resolutions before sending the amendment before the voters as a referendum question.Status: No action was taken on AJR 9.Support
SB 3 /AB 3   –   New Hire Tax Benefit    (Leibham/Endsley ) 
Bill Text
Bill History
Summary: Summary:This legislation allows a business that hires fifteen new full-time employees to claim a tax benefit. The business would retain the amount of withholding taxes normally required on the new employees’ wages rather than submit that amount as tax withheld. A company could receive this benefit for five years and could apply for an extension of an additional five years. Under the bill, the withholding tax retained by the business would be considered as submitted to the state Department of Revenue as withholding tax.Status: A public hearng was held on SB 3 on Feb. 1, 2011, by the Senate Financial Institutions Committee.  No further action was taken.Support
SB 4 /AB 2   –   Enterprise Zones    (Galloway/Rivard ) 
Bill Text
Bill History
Summary:This legislation increases the number of enterprise zones from 12 to 20. Enterprise zones are used by the Wisconsin Economic Development Corporation to attract and retain businesses in Wisconsin by offering tax incentives to firms that locate within the zones. The legislation stipulates that three zones must be in rural areas (municipalities with a population less than 5,000) and two other zones must be in municipalities with populations between 5,000 and 30,000. The tax credits available with an enterprise zone designation include a jobs tax credit for jobs created and retained; a payroll tax credit; credits for job training; credits for capital expenditures within the enterprise zone; and credits for purchasing from Wisconsin-based suppliers.Status: SB 4 was passed by the Senate Financial Instutions Committee on Feb. 23, 2011, by a 3-0 vote.  While the Senate considered the bill, it was not adopted.Support
SB 5 /AB 1   –   Jobs Now Tax Credit    (Hopper/Williams ) 
Bill Text
Bill History
Summary:This legislation allows Jobs Tax Credit refunds to be claimed earlier than under current law.  Up to $10 million in credits can be claimed in one year by employers based on the wages paid to new employees and on employee training costs.  The program is capped at $14.5 million in refundable credits.Status: SB 5 passed the Assembly on Oct. 18, 2011, by a vote of 95-2 and the Senate on Oct. 20, 2011, by a 32-1 vote.  It was signed into law by the Governor on Dec. 6, 2011, as 2011 Act 88.Support
SB 9   –   Dairy and Livestock Investment    (Kapanke/Ripp ) 
Bill Text
Bill History
Summary:This legislation extends the dairy and livestock farm investment credits through 2016. These credits are non-refundable and allow up to 10% of the cost of expanding a dairy or livestock farm to be claimed in a year. Under previous law, both credits were to expire at the end of 2011.Status: SB 9 passed the Senate on February 22nd by a vote of 19-0 and the Assembly on April 12th by a 92-1 margin. The bill was signed into law on April 19, 2011, as 2011 Wisconsin Act 15.Support
SB 10 /AB 6   –   Capital Gains Tax Repeal    (Hopper/Kuglitsch ) 
Bill Text
Bill History
Summary:This legislation increases the income tax exclusion for capital gains to 60% for tax year 2012, 80% for tax year 2013, and 100% for tax year 2014 and beyond. The current income tax exclusion is 30% and was adopted in 2009; prior to that, the exclusion was set at 60%. Individuals, fiduciaries, members of partnerships and limited liability companies, and shareholders of tax-option corporations can claim the exclusion. It applies to net long-term capital gains realized from the sale of assets held for more than one year.Status: No action was taken on SB 10.Support
SB 14   –   Bonus Depreciation    (Lazich/Marklein ) 
Bill Text
Bill History
Summary:This legislation would align the state’s tax code with federal law for bonus depreciation tax provisions. Federal law allows for a 100% depreciation bonus on new equipment purchased after September 8, 2010, through December 31, 2011. Also, equipment placed in service during 2012 would be eligible for a 50% depreciation bonus.Status: A public hearing was held on SB 14 on April 21, 2011 in the Senate Revenue Committee.  No further action was taken.Support
SB 60 /AB 107   –   Business Expansion Credit    (Wanggaard/Petryk ) 
Bill Text
Bill History
Summary:This bill establishes a business expansion property tax credit. The credit is applied to improvements and acquisitions made as part of the business expanding within a municipality. To qualify, a business would need to add at least ten more jobs than it had three months before applying for the credit. The credit would first apply to property tax bills issued in December 2011 and could be claimed for two years.Status: SB 60 was passed by the Senate Economic Development Committee on Oct. 18, 2011, by a vote of 7-0.  No further action was taken.Support
SB 160   –   Treatment of Capital Losses    (Kedzie/J. Ott ) 
Bill Text
Bill History
Summary:This legislation federalizes the treatment for capital losses by eliminating the $500 annual limit on capital loss deductions beginning with tax year 2012. Currently, the maximum capital loss that can be deducted annually is $500. The federal limit is $3,000.Status: A public hearing was held on SB 160 in the Assembly Jobs Committee on March 8, 2012.  No further action was taken.Support
SB 160 /AB 225   –   Treatment of Capital Losses    (Kedzie/J. Ott ) 
Bill Text
Bill History
Summary:This legislation federalizes the treatment for capital losses by eliminating the $500 annual limit on capital loss deductions beginning with tax year 2012. Currently, the maximum capital loss that can be deducted annually is $500. The federal limit is $3,000.Status: A public hearing was held on SB 160 in the Senate Revenue Committee on Sept. 21, 2011.  No further action was taken.Support
SB 164 /AB 220   –   Workplace Wellness    (Moulton/Murtha ) 
Bill Text
Bill History
Summary:This legislation creates an income and franchise tax credit for workplace wellness programs equal to 30% of the cost of providing such a program to employees.  A workplace wellness program must include a health risk assessment.Status: SB 164 was passed by the Senate Health Committee on Oct. 24, 2011, by a vote of 4-1.  No further action was taken.Support
SB 203   –   Adult Dependent Mandate Tax    (Wanggaard/Strachota ) 
Bill Text
Bill History
Summary:This legislation federalizes the state tax code to prevent the taxation of the imputed income for insurance coverage provided by an employer to an employee with adult dependent children.Status: SB 203 passed the Senate on Oct. 18, 2011, by a vote of 33-0 and the Assembly on Oct. 20, 2011, by a 93-3 vote.  It was signed into law by the Governor on Nov. 4, 2011, as 2011 Act 49.Support
SJR 8 /AJR 9   –   Supermajority Tax Requirement    (Vukmir/August ) 
Bill Text
Bill History
Summary:This constitutional amendment requires a two-thirds “supermajority” vote in the Legislature to pass increases in the state sales or individual income taxes. This is the first consideration of the amendment; constitutional amendments require two successive state legislatures to approve identical resolutions before sending the amendment before the voters as a referendum question.Status: SJR 8 was approved by the Senate Judiciary Committee on Feb. 28, 2012, by a 3-2 vote.  No further action was taken.Support
SS SB 23   –   Tax Regulatory Reform    (Zipperer/Strachota ) 
Bill Text
Bill History
Summary:This legislation made a number of procedural reforms at the Department of Revenue (DOR) to provide certainty to taxpayers during interactions with the department. Among the bill’s provisions are requiring DOR to issue declaratory judgments or adopt administrative rules upon petition from taxpayers seeking guidance from the department; shift the burden of proof on negligence penalties from the taxpayer to DOR; limit the effect of DOR filing non-acquiescence to decision by the Tax Appeals Commission; limiting class actions against taxpayers; authorize prevailing party costs to taxpayers in proceedings before the Tax Appeals Commission; and strengthen the anti-browsing law for information derived from tax returns.Status: SS SB 23 passed the Senate on October 27, 2011, by a vote of 17-15. The Assembly approved the bill on November 3, 2011, by margin of 72-22. The bill was signed into law on November 16th as 2011 Wisconsin Act 68.Support
SSAB 3   –   Relocation Tax Credit    (Wanggaard/Knilans ) 
Bill Text
Bill History
Summary:This legislation provides a two-year tax exemption to businesses that relocate to Wisconsin and have not done business in the state in previous two-year period.Status: SS AB 3 passed the Assembly on January 20th by a margin of 82-12. The Senate concurred on January 23rd on a 24-9 vote. The bill was signed into law as 2011 Wisconsin Act 3 on January 31, 2011.Support
SSAB 4   –   Economic Development Tax Credit    (Lazich/Klenke ) 
Bill Text
Bill History
Summary:This legislation increased the state’s economic development tax credit program by $25 million. There had been an existing balance of $75 million in the program prior to the bill’s introduction. The credit is non-refundable.Status: SS AB 4 passed the Assembly on January 20th by a vote of 82-12 and was concurred in by the Senate on January 25th by 25-8. The bill was signed into law as 2011 Wisconsin Act 4 on January 31, 2011.Support
SSAB 5   –   Supermajority Tax Increases    (Vukmir/August ) 
Bill Text
Bill History
Summary:This legislation requires a statutory two-thirds “supermajority” vote in the Legislature to pass increases in the state sales or individual income taxes.Status: SS AB 5 passed the Assembly on January 25th by a 57-36 margin. The Senate concurred on February 8th on a vote of 20-12. The bill was signed into law as 2011 Wisconsin Act 9 on February 22, 2011.Support
SSAB 7   –   Job Creation Tax Deduction    (Moulton/Vos ) 
Bill Text
Bill History
Summary:This legislation creates an income and franchise tax deduction for job creation. A business with annual gross receipts of less than $5 million can claim a $4,000 deduction for each new full-time employee hired that year. Businesses with gross receipts of more than $5 million can claim a $2,000 deduction for each new full-time employee hired.Status: SS AB 7 passed the Assembly on January 25th by a margin of 60-33. The Senate passed the bill on January 27th on a 25-8 vote.Support
SSAB 11   –   Budget Repair Bill    (/Committee on Assembly Organization ) 
Bill Text
Bill History
Summary:This legislation requires most public employees in Wisconsin to contribute the employee share of their pension contribution and pay 12% of health insurance costs. The legislation also makes various changes to limit collective bargaining for most public employees to wages. Total wage increases are capped based on the consumer price index (CPI) unless an amount exceeding the cap is approved by referendum. Labor contracts are limited to one year and wages would be frozen until the new contract is settled. Collective bargaining units are required to take annual votes to maintain certification as a union. Public employers are prohibited from collecting union dues and members of collective bargaining units are not required to pay dues. Status: SS AB 11 passed the Assembly on February 22nd by a vote of 57-17. After Senate Democrats fled the state to avoid a vote on the bill, Senate leaders removed the fiscal provisions of the bill and the non-fiscal provisions of the bill detailed above passed the Senate on March 9th by a vote of 18-1. (The fiscal provisions of the original were adopted separately as 2011 Wisconsin Act 13.) While Governor Walker signed SS AB 11 into law as 2011 Wisconsin Act 10 on March 11th, Dane County Judge Maryann Sumi issued an injunction blocking the law from taking effect until she was later overruled by the state Supreme Court. Act 10 was finally published June 29, 2011, by the secretary of state.Support

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