AB150-SA117,36,11
11"
Section 3782amb. 110.08 (2) of the statutes is amended to read:
AB150-SA117,36,1312
110.08
(2) Except as provided under s. 343.16 (1)
(b) and (c), all examinations
13for operator's licenses and permits shall be given by state examiners.".
AB150-SA117,36,2018
114.002
(11) "Antique aircraft" means an aircraft
more than 35 years old as
19determined by the which has a date of manufacture
of 1944 or earlier and which is
20used solely for recreational or display purposes.
AB150-SA117,36,2323
114.20
(1) (title)
Annual registration required.
AB150-SA117,37,7
1114.20
(1) (a) Except as provided under sub. (2), all aircraft based in this state
2shall be registered by the owner of the aircraft with the department annually on or
3before November 1
or, for aircraft with a maximum gross weight of not more than
43,000 pounds that are not subject to sub. (10), biennially on or before the first
5November 1. Annual registration fees shall be determined in accordance with sub.
6(9) or (10).
Biennial registration fees shall be determined in accordance with sub.
7(9m).
AB150-SA117,37,129
114.20
(1) (b) Aircraft determined by the department to be based in this state
10shall be subject to the annual
or biennial registration fees under sub. (9)
or (9m).
11Aircraft which are determined to be not based in this state shall be exempt from the
12annual
or biennial registration fees.
AB150-SA117,37,1614
114.20
(2) (title)
Exceptions to
annual registration requirements. (intro.)
15The
annual registration requirements under sub. (1) do not apply to aircraft based
16in this state that are:
AB150-SA117,38,519
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
20designated as an unairworthy aircraft may apply to the department in the manner
21the department prescribes. No application may be acted upon unless all information
22requested is supplied. Upon receipt of an application and a registration fee
of $5 to
23be established by rule and after determining from the facts submitted and
24investigation that the aircraft qualifies as an unairworthy aircraft, the department
25shall issue an unairworthy aircraft certificate. The certificate shall expire upon
1transfer of ownership or restoration. An aircraft is presumed restored if it is capable
2of operation. The annual registration fee is due on the date of restoration. Operation
3of the aircraft is conclusive evidence of restoration. An
additional administrative fee
4of $5 A late payment charge to be established by rule shall be
charged assessed on
5all applications filed later than 30 days after the date of restoration.
AB150-SA117, s. 3844mxb
6Section 3844mxb. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed and recreated to read:
AB150-SA117,38,198
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
9designated as an unairworthy aircraft may apply to the department in the manner
10the department prescribes. No application may be acted upon unless all information
11requested is supplied. Upon receipt of an application and a registration fee to be
12established by rule and after determining from the facts submitted and investigation
13that the aircraft qualifies as an unairworthy aircraft, the department shall issue an
14unairworthy aircraft certificate. The certificate shall expire upon transfer of
15ownership or restoration. An aircraft is presumed restored if it is capable of
16operation. The annual or biennial registration fee is due on the date of restoration.
17Operation of the aircraft is conclusive evidence of restoration. A late payment charge
18to be established by rule shall be assessed on all applications filed later than 30 days
19after the date of restoration.
AB150-SA117, s. 3844peb
21Section 3844peb. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20
22(9m) (a) to (c) and amended to read:
AB150-SA117,38,2323
114.20
(9m) (a) Not more than 2,000
$ 30 $ 60
AB150-SA117,38,2424
(b) Not more than 2,500
39 78
AB150-SA117,38,2525
(c) Not more than 3,000
50 100
AB150-SA117,39,22
114.20
(9) (d) Not more than 3,500
70 $ 70
AB150-SA117,39,74
114.20
(9m) Biennial registration fees. (intro.) Except as provided in sub.
5(10), the owner of an aircraft subject to the biennial registration requirements under
6sub. (1) shall pay a biennial registration fee established in accordance with the
7following gross weight schedule:
AB150-SA117,39,88
[Maximum gross [Annual
AB150-SA117,39,99
Weight in pounds] fee]
AB150-SA117,40,411
114.20
(12) (title)
Initial annual registration. For new aircraft, aircraft not
12previously registered in this state or unregistered aircraft for which annual
13registration is required under sub. (9), the fee for the initial year of registration shall
14be computed from the date of purchase, restoration, completed construction or entry
15of the aircraft into this state on the basis of one-twelfth of the registration fee
16specified in sub. (9) multiplied by the remaining number of months in the current
17registration year which are not fully expired.
For new aircraft, aircraft not
18previously registered in this state or unregistered aircraft for which biennial
19registration is required under sub. (9m), the fee for the initial 2-year period of
20registration shall be computed from the date of purchase, restoration, completed
21construction or entry of the aircraft into this state on the basis of one twenty-fourth
22of the registration fee specified in sub. (9m) multiplied by the remaining number of
23months in the current 2-year registration period which are not fully expired. 24Application for registration shall be filed within 30 days from the date of purchase,
25restoration, completed construction or entry of the aircraft into this state and if filed
1after that date an additional administrative fee of $5 shall be charged. If the date
2of purchase, restoration, completed construction or entry into this state is not
3provided by the applicant, the full annual
or biennial registration fee provided in sub.
4(9)
or (9m) shall be charged for registering the aircraft.
AB150-SA117,40,96
114.20
(13) (b) 1. If an annual registration fee is not paid by November 1, from
7November 2 to April 30, the department shall add a late payment charge of
$50 or 810% of the amount specified for the registration under sub. (9) or (10)
, whichever is
9greater, to the fee.
AB150-SA117, s. 3844prb
10Section 3844prb. 114.20 (13) (b) 1. of the statutes, as affected by 1995
11Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-SA117,40,1512
114.20
(13) (b) 1. If an annual or biennial registration fee is not paid by
13November 1, from November 2 to the following April 30, the department shall add
14a late payment charge of $50 or 10% of the amount specified for the registration
15under sub. (9), (9m) or (10), whichever is greater, to the fee.
AB150-SA117,40,2017
114.20
(13) (b) 2. If an annual registration fee is not paid by April 30, from May
181 to October 31, the department shall add a late payment charge of
$50 or 20% of the
19amount specified for the registration under sub. (9) or (10)
, whichever is greater, to
20the fee.
AB150-SA117, s. 3844ptb
21Section 3844ptb. 114.20 (13) (b) 2. of the statutes, as affected by 1995
22Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-SA117,41,223
114.20
(13) (b) 2. If an annual or biennial registration fee is not paid by the
24following April 30, from May 1 to October 31 or, for a biennial registration, the end
25of the biennial period, the department shall add a late payment charge of $50 or 20%
1of the amount specified for the registration under sub. (9), (9m) or (10), whichever
2is greater, to the fee.
AB150-SA117,41,55
114.20
(13) (b) 5. This paragraph applies after October 31,
1989 1995.
AB150-SA117,41,117
114.20
(15) (b) The lien against the aircraft for the original registration fee
8shall attach at the time the fee is first payable,
and the lien for all renewals of
annual 9registration shall attach on November 1 of each year thereafter
and the lien for all
10renewals of biennial registration shall attach on the first November of the
11registration period and every 2 years thereafter.".
AB150-SA117,41,13
13"
Section 4080rb. 121.555 (2) (c) 1. of the statutes is amended to read:
AB150-SA117,41,1614
121.555
(2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid
15operator's license issued by another jurisdiction, as defined in s. 340.01 (41m)
, or a
16valid commercial driver license issued by Mexico.".
AB150-SA117,41,18
18"
Section 4159rb. Chapter 140 of the statutes is created to read:
AB150-SA117,41,2019
Chapter 140
20
Oil company franchise fee
AB150-SA117,41,21
21140.01 Definitions. In this chapter:
AB150-SA117,41,22
22(1) "Average weighted retail price" means the following:
AB150-SA117,41,2423
(a) For motor vehicle fuel received from October 1, 1995, to March 31, 1997,
24$1.10 per gallon.
AB150-SA117,42,5
1(b) For motor vehicle fuel received on April 1, 1997, and thereafter, the average
2weighted price per gallon, for motor vehicle fuel, sold at retail in this state, as
3determined by a method promulgated by the department by rule, except that the
4average weighted price may be no lower than $1.10 as indexed and the average
5weighted price may be no more than $1.30 as indexed.
AB150-SA117,42,7
6(2) "Consumer price index" means the consumer price index for all urban
7consumers, U.S. city average, as determined by the U.S. department of labor.
AB150-SA117,42,8
8(3) "Diesel fuel" has the meaning given in s. 78.005 (5).
AB150-SA117,42,9
9(4) "Department" means the department of revenue.
AB150-SA117,42,10
10(5) "Export" has the meaning given in s. 78.005 (6).
AB150-SA117,42,11
11(6) "Gasoline" has the meaning given in s. 78.005 (7).
AB150-SA117,42,13
12(7) "Indexed" means adjusted as of April 1 to reflect the percentage change in
13the annual average consumer price index during the previous year.
AB150-SA117,42,14
14(8) "Motor vehicle fuel" means gasoline or diesel fuel.
AB150-SA117,42,15
15(9) "Received" means received under s. 78.07.
AB150-SA117,42,16
16(10) "Supplier" has the meaning given under s. 78.005 (14).
AB150-SA117,42,20
17140.02 Imposition. (1) Except as provided in sub. (2), there is imposed a fee
18at the rate of 3.2% of the average weighted retail price on all motor vehicle fuel
19received by a supplier for sale in this state, for sale for shipment to this state or for
20shipment to this state.
AB150-SA117,42,21
21(2) The fee imposed in sub. (1) does not apply to the following:
AB150-SA117,42,2522
(a) Motor vehicle fuel that is shipped from storage at a refinery, marine
23terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person
24for storage at another refinery, marine terminal, pipeline terminal, pipeline tank
25farm or place of manufacture.
AB150-SA117,43,2
1(b) Motor vehicle fuel that is exported by a person who is licensed under s. 78.09
2or 140.03 (5).
AB150-SA117,43,33
(c) Diesel fuel that is dyed under s. 78.01 (2p).
AB150-SA117,43,5
4140.03 Administration. (1) The department shall administer the fee under
5this chapter.
AB150-SA117,43,7
6(2) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under
7ch. 78 apply to the fee under this chapter.
AB150-SA117,43,10
8(3) Persons who are liable for the fee under this chapter shall state the number
9of gallons of motor vehicle fuel on which the fee is due and the amount of their liability
10for the fee in the reports under s. 78.12 (1) to (3).
AB150-SA117,43,12
11(4) The requirements for payment of the motor vehicle fuel tax under s. 78.12
12(5) apply to the fee under this chapter.
AB150-SA117,43,19
13(5) No person may ship petroleum products into this state unless that person
14either has a license under s. 78.09 or obtains an oil company franchise license from
15the department by filing with the department an application prescribed and
16furnished by the department and verified by the owner of the business if the owner
17is an individual, by a member if the owner is an unincorporated association, by a
18partner if the owner is a partnership or by the president and secretary if the owner
19is a corporation.
AB150-SA117,44,5
20(6) (a) To protect the revenues of this state, the department may require any
21person who is liable to the department for the fee under this chapter to place with
22it security in the amount that the department determines. The department may
23increase or decrease the amount of the security, but that amount may not exceed 3
24times the person's average monthly liability for the fee under this chapter as
25estimated by the department. If any person fails to provide that security, the
1department may refuse to issue a license under sub. (5) or s. 78.09 or may revoke the
2person's license under sub. (5) or s. 78.09. If any taxpayer is delinquent in the
3payment of the fee under this chapter, the department may, upon 10 days' notice,
4recover the fee, interest, penalties, costs and disbursements from the person's
5security. The department may not pay interest on any security deposit.
AB150-SA117,44,86
(b) The security required under par. (a) may be a surety bond furnished to the
7department and payable to this state. The department shall prescribe the form and
8contents of the bond.
AB150-SA117,44,189
(c) The surety of a bond under par. (b) may conditionally cancel the bond by
10filing written notice with the person who is liable for the fee under this chapter and
11with the department. A surety who files that notice is not discharged from any
12liability that has accrued or from any liability that accrues within 60 days after the
13filing. If the person who is liable for the fee under this chapter does not, within 60
14days after receiving the notice, file with the department a new bond that is
15satisfactory to the department, the department shall revoke the person's license
16under sub. (5) or s. 78.09. If the person furnishes a new bond, the department shall
17cancel and surrender the old bond when it is satisfied that all liability under the old
18bond has been discharged.
AB150-SA117,44,2319
(d) If the liability on the bond is discharged or reduced or if the department
20determines that the bond is insufficient, the department shall require additional
21surety or new bonds. If any person who is liable for the fee under this chapter fails
22to file that additional bond within 5 days after the department provides written
23notice, that person's license under sub. (5) or s. 78.09 is revoked.
AB150-SA117,45,3
1(7) On April 1, 1996, and each April 1 thereafter, the department shall calculate
2the oil company franchise fee on a cents-per-gallon basis. That calculation shall
3reflect any change in the rate for that fee that occurs on that date.".
AB150-SA117,45,6
6"
Section 4303cm. 144.266 (2) of the statutes is amended to read:
AB150-SA117,45,167
144.266
(2) State storm water management plan. The department, in
8consultation with the department of
industry, labor and human relations 9development, shall promulgate by rule a state storm water management plan. This
10state plan is applicable to activities contracted for or conducted by any agency, as
11defined under s. 227.01 (1) but also including the office of district attorney, unless
12that agency enters into a memorandum of understanding with the department of
13natural resources in which that agency agrees to regulate activities related to storm
14water management. The department shall coordinate the activities of agencies, as
15defined under s. 227.01 (1), in storm water management and make recommendations
16to these agencies concerning activities related to storm water management.".
AB150-SA117,45,22
22"
Section 4487mb. 168.12 (5m) of the statutes is created to read:
