Amendment SA117-AB150

AB150-SA117,35,6 86.31 (3m) Town road improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $500,000 in each fiscal year $515,000 in fiscal year 1995-96 and $530,500 in fiscal year 1996-97 and thereafter to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB150-SA117, s. 3527pb Section 3527pb. 86.315 (1) of the statutes is amended to read:

AB150-SA117,35,17 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $200 $600 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the $200 $600 per mile payments under this subsection, the department shall prorate the amount appropriated in the manner it deems desirable.

AB150-SA117, s. 3527rb Section 3527rb. 86.32 (2) (am) 5. and 6. of the statutes are repealed.

AB150-SA117, s. 3527tb Section 3527tb. 86.32 (2) (am) 8. of the statutes is created to read:

AB150-SA117,35,25 86.32 (2) (am) 8. For 1996, $10,782 per lane mile for municipalities having a population over 500,000; $9,987 per lane mile for municipalities having a population of 150,001 to 500,000; $8,900 per lane mile for municipalities having a population of 35,001 to 150,000; $7,840 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,755 per lane mile for municipalities having a population under 10,000.

AB150-SA117, s. 3527wb Section 3527wb. 86.32 (2) (am) 9. of the statutes is created to read:

AB150-SA117,36,7 86.32 (2) (am) 9. For 1997, $11,105 per lane mile for municipalities having a population over 500,000; $10,287 per lane mile for municipalities having a population of 150,001 to 500,000; $9,167 per lane mile for municipalities having a population of 35,001 to 150,000; $8,075 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,958 per lane mile for municipalities having a population under 10,000.".

AB150-SA117,36,9 34. Page 1225, line 7: delete the material inserted by senate amendment .... (LRBb1649/2).

AB150-SA117,36,10 35. Page 1318, line 16: delete lines 16 to 18 and substitute:

AB150-SA117,36,11 " Section 3782amb. 110.08 (2) of the statutes is amended to read:

AB150-SA117,36,13 110.08 (2) Except as provided under s. 343.16 (1) (b) and (c), all examinations for operator's licenses and permits shall be given by state examiners.".

AB150-SA117,36,15 36. Page 1379, line 21: delete the material beginning with that line and ending with page 1384, line 14, and substitute:

AB150-SA117,36,16 " Section 3844mcb. 114.002 (4) of the statutes is repealed.

AB150-SA117, s. 3844meb Section 3844meb. 114.002 (11) of the statutes is amended to read:

AB150-SA117,36,20 114.002 (11) "Antique aircraft" means an aircraft more than 35 years old as determined by the which has a date of manufacture of 1944 or earlier and which is used solely for recreational or display purposes.

AB150-SA117, s. 3844mgb Section 3844mgb. 114.002 (13) of the statutes is repealed.

AB150-SA117, s. 3844mjb Section 3844mjb. 114.20 (1) (title) of the statutes is amended to read:

AB150-SA117,36,23 114.20 (1) (title) Annual registration required.

AB150-SA117, s. 3844mmb Section 3844mmb. 114.20 (1) (a) of the statutes is amended to read:

AB150-SA117,37,7 114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

AB150-SA117, s. 3844mpb Section 3844mpb. 114.20 (1) (b) of the statutes is amended to read:

AB150-SA117,37,12 114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

AB150-SA117, s. 3844mrb Section 3844mrb. 114.20 (2) (intro.) of the statutes is amended to read:

AB150-SA117,37,16 114.20 (2) (title) Exceptions to annual registration requirements. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

AB150-SA117, s. 3844mtb Section 3844mtb. 114.20 (2) (c) of the statutes is repealed.

AB150-SA117, s. 3844mwb Section 3844mwb. 114.20 (5) of the statutes is amended to read:

AB150-SA117,38,5 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

AB150-SA117, s. 3844mxb Section 3844mxb. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-SA117,38,19 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.

AB150-SA117, s. 3844pcb Section 3844pcb. 114.20 (7) of the statutes is repealed.

AB150-SA117, s. 3844peb Section 3844peb. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m) (a) to (c) and amended to read:

AB150-SA117,38,23 114.20 (9m) (a) Not more than 2,000$ 30 $ 60

AB150-SA117,38,24 (b) Not more than 2,50039 78

AB150-SA117,38,25 (c) Not more than 3,00050 100

AB150-SA117, s. 3844pgb Section 3844pgb. 114.20 (9) (d) of the statutes is amended to read:

AB150-SA117,39,2 114.20 (9) (d) Not more than 3,50070 $ 70

AB150-SA117, s. 3844pjb Section 3844pjb. 114.20 (9m) (intro.) of the statutes is created to read:

AB150-SA117,39,7 114.20 (9m) Biennial registration fees. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

AB150-SA117,39,8 [Maximum gross [Annual

AB150-SA117,39,9 Weight in pounds] fee]

AB150-SA117, s. 3844pmb Section 3844pmb. 114.20 (12) of the statutes is amended to read:

AB150-SA117,40,4 114.20 (12) (title) Initial annual registration. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which annual registration is required under sub. (9), the fee for the initial year of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one-twelfth of the registration fee specified in sub. (9) multiplied by the remaining number of months in the current registration year which are not fully expired. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which biennial registration is required under sub. (9m), the fee for the initial 2-year period of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one twenty-fourth of the registration fee specified in sub. (9m) multiplied by the remaining number of months in the current 2-year registration period which are not fully expired. Application for registration shall be filed within 30 days from the date of purchase, restoration, completed construction or entry of the aircraft into this state and if filed after that date an additional administrative fee of $5 shall be charged. If the date of purchase, restoration, completed construction or entry into this state is not provided by the applicant, the full annual or biennial registration fee provided in sub. (9) or (9m) shall be charged for registering the aircraft.

AB150-SA117, s. 3844ppb Section 3844ppb. 114.20 (13) (b) 1. of the statutes is amended to read:

AB150-SA117,40,9 114.20 (13) (b) 1. If an annual registration fee is not paid by November 1, from November 2 to April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB150-SA117, s. 3844prb Section 3844prb. 114.20 (13) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-SA117,40,15 114.20 (13) (b) 1. If an annual or biennial registration fee is not paid by November 1, from November 2 to the following April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB150-SA117, s. 3844psb Section 3844psb. 114.20 (13) (b) 2. of the statutes is amended to read:

AB150-SA117,40,20 114.20 (13) (b) 2. If an annual registration fee is not paid by April 30, from May 1 to October 31, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB150-SA117, s. 3844ptb Section 3844ptb. 114.20 (13) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-SA117,41,2 114.20 (13) (b) 2. If an annual or biennial registration fee is not paid by the following April 30, from May 1 to October 31 or, for a biennial registration, the end of the biennial period, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB150-SA117, s. 3844pvb Section 3844pvb. 114.20 (13) (b) 3. of the statutes is repealed.

AB150-SA117, s. 3844pwb Section 3844pwb. 114.20 (13) (b) 5. of the statutes is amended to read:

AB150-SA117,41,5 114.20 (13) (b) 5. This paragraph applies after October 31, 1989 1995.

AB150-SA117, s. 3844pyb Section 3844pyb. 114.20 (15) (b) of the statutes is amended to read:

AB150-SA117,41,11 114.20 (15) (b) The lien against the aircraft for the original registration fee shall attach at the time the fee is first payable, and the lien for all renewals of annual registration shall attach on November 1 of each year thereafter and the lien for all renewals of biennial registration shall attach on the first November of the registration period and every 2 years thereafter.".

AB150-SA117,41,12 37. Page 1451, line 19: delete lines 19 to 22 and substitute:

AB150-SA117,41,13 " Section 4080rb. 121.555 (2) (c) 1. of the statutes is amended to read:

AB150-SA117,41,16 121.555 (2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid operator's license issued by another jurisdiction, as defined in s. 340.01 (41m), or a valid commercial driver license issued by Mexico.".

AB150-SA117,41,17 38. Page 1489, line 11: after that line insert:

AB150-SA117,41,18 " Section 4159rb. Chapter 140 of the statutes is created to read:

AB150-SA117,41,20 Chapter 140 Oil company franchise fee

AB150-SA117,41,21 140.01 Definitions. In this chapter:

AB150-SA117,41,22 (1) "Average weighted retail price" means the following:

AB150-SA117,41,24 (a) For motor vehicle fuel received from October 1, 1995, to March 31, 1997, $1.10 per gallon.

AB150-SA117,42,5 (b) For motor vehicle fuel received on April 1, 1997, and thereafter, the average weighted price per gallon, for motor vehicle fuel, sold at retail in this state, as determined by a method promulgated by the department by rule, except that the average weighted price may be no lower than $1.10 as indexed and the average weighted price may be no more than $1.30 as indexed.

AB150-SA117,42,7 (2) "Consumer price index" means the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.

AB150-SA117,42,8 (3) "Diesel fuel" has the meaning given in s. 78.005 (5).

AB150-SA117,42,9 (4) "Department" means the department of revenue.

AB150-SA117,42,10 (5) "Export" has the meaning given in s. 78.005 (6).

AB150-SA117,42,11 (6) "Gasoline" has the meaning given in s. 78.005 (7).

AB150-SA117,42,13 (7) "Indexed" means adjusted as of April 1 to reflect the percentage change in the annual average consumer price index during the previous year.

AB150-SA117,42,14 (8) "Motor vehicle fuel" means gasoline or diesel fuel.

AB150-SA117,42,15 (9) "Received" means received under s. 78.07.

AB150-SA117,42,16 (10) "Supplier" has the meaning given under s. 78.005 (14).

AB150-SA117,42,20 140.02 Imposition. (1) Except as provided in sub. (2), there is imposed a fee at the rate of 3.2% of the average weighted retail price on all motor vehicle fuel received by a supplier for sale in this state, for sale for shipment to this state or for shipment to this state.

AB150-SA117,42,21 (2) The fee imposed in sub. (1) does not apply to the following:

AB150-SA117,42,25 (a) Motor vehicle fuel that is shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

AB150-SA117,43,2 (b) Motor vehicle fuel that is exported by a person who is licensed under s. 78.09 or 140.03 (5).

AB150-SA117,43,3 (c) Diesel fuel that is dyed under s. 78.01 (2p).

AB150-SA117,43,5 140.03 Administration. (1) The department shall administer the fee under this chapter.

AB150-SA117,43,7 (2) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under this chapter.

AB150-SA117,43,10 (3) Persons who are liable for the fee under this chapter shall state the number of gallons of motor vehicle fuel on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3).

AB150-SA117,43,12 (4) The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

AB150-SA117,43,19 (5) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains an oil company franchise license from the department by filing with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

AB150-SA117,44,5 (6) (a) To protect the revenues of this state, the department may require any person who is liable to the department for the fee under this chapter to place with it security in the amount that the department determines. The department may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under this chapter as estimated by the department. If any person fails to provide that security, the department may refuse to issue a license under sub. (5) or s. 78.09 or may revoke the person's license under sub. (5) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under this chapter, the department may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department may not pay interest on any security deposit.

AB150-SA117,44,8 (b) The security required under par. (a) may be a surety bond furnished to the department and payable to this state. The department shall prescribe the form and contents of the bond.

AB150-SA117,44,18 (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under this chapter and with the department. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under this chapter does not, within 60 days after receiving the notice, file with the department a new bond that is satisfactory to the department, the department shall revoke the person's license under sub. (5) or s. 78.09. If the person furnishes a new bond, the department shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB150-SA117,44,23 (d) If the liability on the bond is discharged or reduced or if the department determines that the bond is insufficient, the department shall require additional surety or new bonds. If any person who is liable for the fee under this chapter fails to file that additional bond within 5 days after the department provides written notice, that person's license under sub. (5) or s. 78.09 is revoked.