AB64: Bill Text

AB64,591,22 3. “Eligible property” means an item that qualifies for exemption under this subsection.

AB64,592,2 4. “Layaway sale” means a transaction in which property is set aside for future delivery to a customer who makes a deposit, agrees to pay the balance of the sales price over time, and, at the end of the payment period, receives the property. An order is accepted for layaway by the seller when the seller removes the property from inventory or clearly identifies the property as sold to the purchaser.

AB64,592,7 5. “Protective equipment” means items for human wear that are designed to protect the wearer against injury or disease or to protect property or other persons from damage or injury. “Protective equipment” does not include items suitable for general use, clothing, clothing accessories or equipment, or sport or recreational equipment. “Protective equipment” includes:

AB64,592,8 a. Breathing masks.

AB64,592,9 b. Clean room apparel and equipment.

AB64,592,10 c. Ear and hearing protectors.

AB64,592,11 d. Face shields.

AB64,592,12 e. Hard hats.

AB64,592,13 f. Helmets.

AB64,592,14 g. Paint or dust respirators.

AB64,592,15 h. Protective gloves.

AB64,592,16 i. Safety glasses and goggles.

AB64,592,17 j. Safety belts.

AB64,592,18 k. Tool belts.

AB64,592,19 L. Welders gloves and masks.

AB64,592,21 6. “Rain check” means a seller allowing a purchaser to purchase an item at a certain price at a later time because the item was out-of-stock.

AB64,592,24 7. “School art supply” means any of the following items that are commonly used by a student in a course of study for artwork, but not including a school computer supply, school supply, or school instructional material:

AB64,592,25 a. Clay and glazes.

AB64,593,1 b. Acrylic, tempera, and oil paints.

AB64,593,2 c. Paintbrushes.

AB64,593,3 d. Sketch and drawing pads.

AB64,593,4 e. Watercolors.

AB64,593,7 8. “School computer supply" means any of the following items that are commonly used by a student in a course of study in which a computer is used, but not including a school art supply, school supply, or school instructional material:

AB64,593,8 a. Computer storage media, diskettes, and compact discs.

AB64,593,9 b. Handheld electronic schedulers, not including cellular phones.

AB64,593,10 c. Personal digital assistants, not including cellular phones.

AB64,593,11 d. Computer printers.

AB64,593,12 e. Printer supplies for computers, printer paper, and printer ink.

AB64,593,16 9. “School instructional material" means any of the following that is commonly used by a student in a course of study as a reference and to learn the subject being taught, but not including a school art supply, school computer supply, or school supply:

AB64,593,17 a. Reference books.

AB64,593,18 b. Reference maps and globes.

AB64,593,19 c. Textbooks.

AB64,593,20 d. Workbooks.

AB64,593,23 10. “School supply" means any of the following items that are commonly used by a student in a course of study, but not including a school art supply, school computer supply, or school instructional material:

AB64,593,24 a. Binders.

AB64,593,25 b. Book bags.

AB64,594,1 c. Calculators.

AB64,594,2 d. Cellophane tape.

AB64,594,3 e. Blackboard chalk.

AB64,594,4 f. Compasses.

AB64,594,5 g. Composition books.

AB64,594,6 h. Crayons.

AB64,594,7 i. Erasers.

AB64,594,8 j. Folders.

AB64,594,9 k. Glue, paste, and paste sticks.

AB64,594,10 L. Highlighters.

AB64,594,11 m. Index cards.

AB64,594,12 n. Index card boxes.

AB64,594,13 o. Legal pads.

AB64,594,14 p. Lunch boxes.

AB64,594,15 q. Markers.

AB64,594,16 r. Notebooks.

AB64,594,18 s. Loose-leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper.

AB64,594,19 t. Pencil boxes and other school supply boxes.

AB64,594,20 u. Pencil sharpeners.

AB64,594,21 v. Pencils.

AB64,594,22 w. Pens.

AB64,594,23 x. Protractors.

AB64,594,24 y. Rulers.

AB64,594,25 z. Scissors.

AB64,595,1 za. Writing tablets.

AB64,595,6 11. “Sport or recreational equipment” means items designed for human use and worn in conjunction with an athletic or recreational activity. “Sport or recreational equipment” does not include items suitable for general use, clothing, clothing accessories or equipment, or protective equipment. “Sport or recreational equipment” includes:

AB64,595,7 a. Ballet and tap shoes.

AB64,595,8 b. Athletic shoes with cleats or spikes.

AB64,595,9 c. Gloves.

AB64,595,10 d. Goggles.

AB64,595,11 e. Hand and elbow guards.

AB64,595,12 f. Life preservers and vests.

AB64,595,13 g. Mouth guards.

AB64,595,14 h. Roller skates.

AB64,595,15 i. Ice skates.

AB64,595,16 j. Shin guards.

AB64,595,17 k. Shoulder pads.

AB64,595,18 L. Ski boots.

AB64,595,19 m. Waders.

AB64,595,20 n. Wetsuits and fins.

AB64,595,23 (b) For the 2-day period beginning on the first Saturday in August and ending on the following Sunday, the sales price from the sale of and the storage, use, or other consumption of the following:

AB64,595,24 1. Clothing, if the sales price of any single item is no more than $75.

AB64,596,2 2. A computer purchased by the consumer for the consumer's personal use, if the sales price of the computer is no more than $750.

AB64,596,4 3. School computer supplies purchased by the consumer for the consumer's personal use, if the sales price of any single item is no more than $250.

AB64,596,5 4. School supplies, if the sales price of any single item is no more than $75.

AB64,596,6 (c) The exemption under this subsection shall be administered as follows:

AB64,596,8 1. A sale of eligible property under a layaway sale qualifies for exemption if either of the following applies:

AB64,596,10 a. Final payment on a layaway order is made by, and the property is given to, the purchaser during the exemption period.

AB64,596,13 b. The purchaser selects the property and the retailer accepts the order for the item during the exemption period, for immediate delivery upon full payment, even if delivery is made after the exemption period.

AB64,596,16 2. The bundled transaction provisions under subs. (51) and (52) and ss. 77.51 (1f) and (3pf) and 77.52 (20), (21), (22), and (23) apply in the same manner during the exemption period under this subsection as they apply in other periods.

AB64,596,25 3. A discount by the seller reduces the sales price of the property and the discounted sales price determines whether the sales price is within the price threshold in par. (b). A coupon that reduces the sales price is treated as a discount if the seller is not reimbursed for the coupon amount by a 3rd party. If a discount applies to the total amount paid by a purchaser rather than to the sales price of a particular item and the purchaser has purchased both eligible property and taxable property, the seller shall allocate the discount based on the total sales prices of the taxable property compared to the total sales prices of all property sold in that same transaction.

AB64,597,3 4. Products that are normally sold as a single unit shall be sold in that manner and may not be divided into multiple units and sold as individual items in order to obtain the exemption under this subsection.

AB64,597,8 5. Eligible property that is purchased during the exemption period with the use of a rain check qualifies for the exemption regardless of when the rain check was issued. Items purchased after the exemption period with the use of a rain check are not eligible property under this subsection even if the rain check was issued during the exemption period.