Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,174,19 " Section 2376m. 76.81 of the statutes is amended to read:

AB100-ASA1-AA1,175,3 76.81 Imposition. There is imposed a tax on the real property of, and the tangible personal property of, every telephone company, except including property that is exempt from the property tax under s. 70.11 (39) but excluding motor vehicles that are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment that is exempt under s. 70.11 (21) (a). Except as provided in s. 76.815, the rate for the tax imposed on each description of real property and on each item of tangible personal property is the net rate for the prior year for the tax under ch. 70 in the taxing jurisdictions where the description or item is located.".

AB100-ASA1-AA1,175,4 627. Page 1084, line 11: after that line insert:

AB100-ASA1-AA1,175,5 " Section 2381m. 77.51 (4) (a) 4. of the statutes is amended to read:

AB100-ASA1-AA1,175,21 77.51 (4) (a) 4. Any tax included in or added to the purchase price, including the taxes imposed by ss. s. 78.01 , unless the tax is refunded, ss.78.40, 139.02, 139.03 and 139.31, the federal motor fuel tax unless the tax is refunded and any manufacturers' or importers' excise tax; but not including any tax imposed by the United States, any other tax imposed by this state or any tax imposed by any municipality of this state upon or with respect to retail sales whether imposed upon the retailer or the consumer if that federal, state or municipal tax is measured by a stated percentage of sales price or gross receipts or the federal communications tax imposed upon the services set forth in s. 77.52 (2) (a) 5. For purposes of the sales tax, if a retailer establishes to the satisfaction of the department that the sales tax imposed by this subchapter has been added to the total amount of the sales price and has not been absorbed by the retailer, the total amount of the sales price shall be the amount received exclusive of the sales tax imposed. For the purpose of this subdivision, a tax shall be deemed "imposed upon or with respect to retail sales" only if the retailer is the person who is required to make the payment of the tax to the governmental unit levying the tax.".

AB100-ASA1-AA1,175,22 628. Page 1084, line 24: after that line insert:

AB100-ASA1-AA1,175,23 " Section 2383g. 77.51 (4) (c) 6. of the statutes is amended to read:

AB100-ASA1-AA1,176,2 77.51 (4) (c) 6. Charges associated with time-share property that is taxable under s. 77.52 (2) (a) 1. or 2.".

AB100-ASA1-AA1,176,3 629. Page 1085, line 8: after that line insert:

AB100-ASA1-AA1,176,4 " Section 2383r. 77.51 (15) (a) 4. of the statutes is amended to read:

AB100-ASA1-AA1,176,16 77.51 (15) (a) 4. Any tax included in or added to the purchase price including the taxes imposed by ss. s. 78.01 , unless the tax is refunded, ss. 78.40, 139.02, 139.03 and 139.31 and the federal motor fuel tax unless the tax is refunded and including also any manufacturers' or importers' excise tax; but not including any tax imposed by the United States, any other tax imposed by this state, or any tax imposed by any municipality of this state upon or with respect to retail sales whether imposed on the retailer or consumer, if that federal, state or municipal tax is measured by a stated percentage of sales price or gross receipts, and not including the federal communications tax imposed upon the services set forth in s. 77.52 (2) (a) 5. For the purpose of this subdivision, a tax shall be deemed "imposed upon or with respect to retail sales" only if the retailer is the person who is required to make the payment of the tax to the governmental unit levying the tax.".

AB100-ASA1-AA1,176,17 630. Page 1086, line 4: after that line insert:

AB100-ASA1-AA1,176,18 " Section 2386j. 77.51 (21m) of the statutes is amended to read:

AB100-ASA1-AA1,177,7 77.51 (21m) "Telecommunications services" means sending messages and information transmitted through the use of local, toll and wide-area telephone service; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommunications service; specialized mobile radio; stationary two-way radio; paging service; or any other form of mobile and portable one-way or two-way communications; or any other transmission of messages or information by electronic or similar means between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. "Telecommunications services" does not include sending collect telecommunications that are received outside of the state. In this subsection, "computer exchange services" does not include providing access to or use of the internet. In this subsection, "internet" means interconnecting networks that are connected to network access points by telecommunications services.".

AB100-ASA1-AA1,177,8 631. Page 1086, line 11: after that line insert:

AB100-ASA1-AA1,177,9 " Section 2386q. 77.52 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,178,5 77.52 (2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations, not including the furnishing of rooms or lodging through the sale of a time-share property, as defined in s. 707.02 (32), if the use of the rooms or lodging is not fixed at the time of sale as to the starting day or the lodging unit. In this subdivision, "transient" means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. In this subdivision, "hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations, including mobile homes as defined in s. 66.058 (1) (d), rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual.".

AB100-ASA1-AA1,178,7 632. Page 1086, line 17: before the period insert ", and the sale of telecommunications services that are paid for before the services are rendered".

AB100-ASA1-AA1,178,8 633. Page 1086, line 23: after that line insert:

AB100-ASA1-AA1,178,9 " Section 2388m. 77.52 (7) of the statutes is created to read:

AB100-ASA1-AA1,178,22 77.52 (7) Every person desiring to operate as a seller within this state who holds a valid certificate under s. 73.03 (50) shall file with the department an application for a permit for each place of operations. Every application for a permit shall be made upon a form prescribed by the department and shall set forth the name under which the applicant intends to operate, the location of the applicant's place of operations, and the other information that the department requires. The application shall be signed by the owner if a sole proprietor; in the case of sellers other than sole proprietors, the application shall be signed by the person authorized to act on behalf of such sellers. A nonprofit organization that has gross receipts taxable under s. 77.54 (7m) shall obtain a seller's permit and pay taxes under this subchapter on all taxable gross receipts received after it is required to obtain that permit. If that organization becomes eligible later for the exemption under s. 77.54 (7m) except for its possession of a seller's permit, it may surrender that permit.

AB100-ASA1-AA1, s. 2388no Section 2388no. 77.52 (9) of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,179,6 77.52 (9) After compliance with sub. (7) and s. 77.61 (2) by the applicant, the department shall grant and issue to each applicant a separate permit for each place of operations within the state. A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of operations at the place designated in it. It shall at all times be conspicuously displayed at the place for which it was issued.

AB100-ASA1-AA1, s. 2388p Section 2388p. 77.52 (12) of the statutes is amended to read:

AB100-ASA1-AA1,179,17 77.52 (12) A person who operates as a seller in this state without a permit or after a permit has been suspended, or revoked or has expired, unless the person has a temporary permit under sub. (11), and each officer of any corporation, partnership member, limited liability company member or other person authorized to act on behalf of a seller who so operates, is guilty of a misdemeanor. Permits shall be held only by persons actively operating as sellers of tangible personal property or taxable services. Any person not so operating shall forthwith surrender that person's permit to the department for cancellation. The department may revoke the permit of a person found not to be actively operating as a seller of tangible personal property or taxable services.".

AB100-ASA1-AA1,179,18 634. Page 1087, line 3: after that line insert:

AB100-ASA1-AA1,179,19 " Section 2391m. 77.52 (17m) (b) 7. of the statutes is amended to read:

AB100-ASA1-AA1,179,21 77.52 (17m) (b) 7. The applicant holds a valid certificate under s. 73.03 (50) permit under sub. (9) or is registered under s. 77.53 (9).".

AB100-ASA1-AA1,179,22 635. Page 1087, line 3: after that line insert:

AB100-ASA1-AA1,179,23 " Section 2391mn. 77.525 of the statutes is created to read:

AB100-ASA1-AA1,180,8 77.525 Reduction to prevent double taxation. Any person who is subject to the tax under s. 77.52 (2) (a) 5. on telecommunications services that terminate in this state and who has paid a similar tax on the same services to another state may reduce the amount of the tax remitted to this state by an amount equal to the similar tax properly paid to another state on those services or by the amount due this state on those services, whichever is less. That person shall refund proportionally to the persons to whom the tax under s. 77.52 (2) (a) 5. was passed on an amount equal to the amounts not remitted.".

AB100-ASA1-AA1,180,9 636. Page 1087, line 22: after that line insert:

AB100-ASA1-AA1,180,11 " Section 2392mm. 77.53 (9) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,180,18 77.53 (9) Every retailer selling tangible personal property or taxable services for storage, use or other consumption in this state shall register with the department and obtain a certificate under s. 73.03 (50) and give the name and address of all agents operating in this state, the location of all distribution or sales houses or offices or other places of business in this state, the standard industrial code classification of each place of business in this state and such the other information as that the department requires.

AB100-ASA1-AA1, s. 2392no Section 2392no. 77.53 (9m) of the statutes is amended to read:

AB100-ASA1-AA1,181,2 77.53 (9m) Any person who is not otherwise required to collect any tax imposed by this subchapter and who makes sales to persons within this state of tangible personal property or taxable services the use of which is subject to tax under this subchapter may register with the department under the terms and conditions that the department imposes and shall obtain a valid certificate under s. 73.03 (50) and thereby be authorized and required to collect, report and remit to the department the use tax imposed by this subchapter.".

AB100-ASA1-AA1,181,3 637. Page 1087, line 22: after that line insert:

AB100-ASA1-AA1,181,4 " Section 2392m. 77.53 (9) of the statutes is amended to read:

AB100-ASA1-AA1,181,10 77.53 (9) Every retailer selling tangible personal property or taxable services for storage, use or other consumption in this state shall obtain a certificate under s. 73.03 (50) and give the name and address of all agents operating in this state, the location of all distribution or sales houses or offices or other places of business in this state, the standard industrial code classification of each place of business in this state and such other information as the department requires.".

AB100-ASA1-AA1,181,11 638. Page 1088, line 16: after that line insert:

AB100-ASA1-AA1,181,12 " Section 2393g. 77.54 (9m) of the statutes is created to read:

AB100-ASA1-AA1,181,17 77.54 (9m) The gross receipts from sales of food, food products and beverages, as described in sub. (20) except that sub. (20) (b) 4. does not apply, by means of a vending machine, as defined in s. 139.98 (2), and the storage, use or other consumption of food, food products or beverages by the owner of a vending machine in connection with the sale of food or beverages by means of a vending machine.".

AB100-ASA1-AA1,181,23 639. Page 1088, line 25: delete the material beginning with "if" and ending with "members" on page 1089, line 2, and substitute "to an undergraduate student, a graduate student or a student enrolled in a professional school if the student is enrolled for credit at that institution and if the goods are consumed by that student and meals, food, food products or beverages furnished to a national football league team under a contract or agreement entered into on or before January 1, 1998".

AB100-ASA1-AA1,181,24 640. Page 1089, line 2: after that line insert:

AB100-ASA1-AA1,182,1 " Section 2393nv. 77.54 (30) (d) of the statutes is amended to read:

AB100-ASA1-AA1,182,6 77.54 (30) (d) In this subsection "residential use" means use in a structure or portion of a structure which is a person's permanent residence, but does not include use in transient accommodations, as specified in s. 77.52 (2) (a) 1.,; time-share property, as defined in s. 707.02 (32); motor homes, ; or travel trailers or other recreational vehicles.".

AB100-ASA1-AA1,182,7 641. Page 1089, line 7: after that line insert:

AB100-ASA1-AA1,182,8 " Section 2393t. 77.54 (44) of the statutes is created to read:

AB100-ASA1-AA1,182,11 77.54 (44) The gross receipts from the sale of and the storage, use or other consumption of materials, supplies and fuel used in the maintenance of railroad tracks.".

AB100-ASA1-AA1,182,12 642. Page 1092, line 18: delete "and (2dx)" and substitute ", (2dx) and (3s)".

AB100-ASA1-AA1,182,13 643. Page 1094, line 5: delete lines 5 to 23.

AB100-ASA1-AA1,182,15 644. Page 1095, line 3: delete the material beginning with that line and ending with page 1096, line 3.

AB100-ASA1-AA1,182,17 645. Page 1096, line 9: delete "A" and substitute "Except as provided in sub. (2), a".

AB100-ASA1-AA1,182,18 646. Page 1096, line 11: delete "or less".

AB100-ASA1-AA1,182,19 647. Page 1097, line 12: delete lines 12 to 15 and substitute:

AB100-ASA1-AA1,182,21 "(2) Either a county or a municipality within that county, but not both, may impose a tax under sub. (1).".

AB100-ASA1-AA1,182,22 648. Page 1097, line 20: delete lines 20 to 24.

AB100-ASA1-AA1,182,23 649. Page 1098, line 4: after that line insert:

AB100-ASA1-AA1,183,4 "(3m) The department of revenue may promulgate rules interpreting the classifications under s. 77.994 (1) and specifying means of determining the classifications of business. If there is a dispute whether a business is in one of the classifications under s. 77.994 (1), the department of revenue's decision is final.".

AB100-ASA1-AA1,183,5 650. Page 1098, line 6: delete "III" and substitute "V".

AB100-ASA1-AA1,183,9 651. Page 1098, line 9: delete that line and substitute "distribute 97% of the taxes under this subchapter reported, for periods beginning before January 1, 2000, for each municipality or county that has imposed the tax; and 98.7% of the taxes reported, for periods beginning on or after January 1, 2000, for each municipality".

AB100-ASA1-AA1,183,11 652. Page 1099, line 6: delete "2%" and substitute "3%, or 5% for the rental of limousines,".

AB100-ASA1-AA1,183,24 653. Page 1099, line 16: after "(9a)." insert "In this section, "limousine" means a passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route; but "limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or vanpools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.".

AB100-ASA1-AA1,184,1 654. Page 1103, line 15: after that line insert:

AB100-ASA1-AA1,184,2 " Section 2411m. 78.005 (13b) of the statutes is created to read:

AB100-ASA1-AA1,184,5 78.005 (13b) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of payment or another destination, use that other method or submit to that other destination.".

AB100-ASA1-AA1,184,7 655. Page 1103, line 19: delete the material beginning with that line and ending with page 1104, line 7.

AB100-ASA1-AA1,184,9 656. Page 1104, line 20: delete the material beginning with that line and ending with page 1105, line 6.

AB100-ASA1-AA1,184,10 657. Page 1105, line 7: delete lines 7 to 9.

AB100-ASA1-AA1,184,11 658. Page 1105, line 21: after that line insert:

AB100-ASA1-AA1,184,12 " Section 2416m. 78.10 (1) of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,184,19 78.10 (1) Application. Application for a license to receive motor vehicle fuel under s. 78.07 shall be made upon a form prepared and furnished by the department and, in the case of a supplier, the form shall be accompanied by a copy of the applicant's license under 26 USC 4101. The application shall be subscribed by the applicant and shall contain the information that the department reasonably requires for the administration of this subchapter. Only a person who holds a valid certificate under s. 73.03 (50) may apply for a license under this subsection.

AB100-ASA1-AA1, s. 2416n Section 2416n. 78.10 (2) of the statutes is created to read:

AB100-ASA1-AA1,185,2 78.10 (2) Investigation. The department shall investigate each applicant under sub. (1). No license shall be issued if the department deems that the applicant does not hold a valid certificate under s. 73.03 (50), the application is not filed in good faith, the applicant is not the real party in interest and the license of the real party in interest has been revoked for cause, or other reasonable cause for nonissuance exists.

AB100-ASA1-AA1, s. 2416p Section 2416p. 78.10 (3) of the statutes is created to read:

AB100-ASA1-AA1,185,6 78.10 (3) Hearing. Before refusing to issue a license, the department shall grant the applicant a hearing, of which the applicant shall be given at least 5 days' written notice.

AB100-ASA1-AA1, s. 2416q Section 2416q. 78.10 (4) of the statutes is created to read:

AB100-ASA1-AA1,185,9 78.10 (4) Issue. If the application and the bond under s. 78.11, if that bond is required, are approved, the department shall issue a license.".

AB100-ASA1-AA1,185,10 659. Page 1106, line 5: delete lines 5 to 10.

AB100-ASA1-AA1,185,11 660. Page 1106, line 11: after "is" insert "renumbered 78.12 (5) and".

AB100-ASA1-AA1,185,13 661. Page 1106, line 12: delete "78.12 (5) (a)" and substitute "78.12 (5) Payment of tax.".

AB100-ASA1-AA1,185,14 662. Page 1107, line 3: delete lines 3 to 6 and substitute:

AB100-ASA1-AA1,185,15 " Section 2420r. 78.12 (5) (b) of the statutes is repealed.".

AB100-ASA1-AA1,185,17 663. Page 1109, line 2: delete "under s. ss. 78.405 and 78.407" and substitute "under s. 78.405".

AB100-ASA1-AA1,185,18 664. Page 1109, line 14: after that line insert:

AB100-ASA1-AA1,185,19 " Section 2428g. 78.405 of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,185,21 78.405 Annual adjustment of the tax rate. (1) Before April 1, the department annually shall calculate the rate for the tax under s. 78.40 as follows:

AB100-ASA1-AA1,185,23 (a) Determine the standard number of British thermal units per gallon generated by gasoline.

AB100-ASA1-AA1,186,2 (b) Determine the standard number of British thermal units per gallon generated by each kind of alternate fuel that is sold in this state.