AB100: Bill Text Engrossed

AB100-engrossed, s. 2440 Section 2440. 78.75 (1m) (a) 2m. of the statutes is amended to read:

AB100-engrossed,1255,24 78.75 (1m) (a) 2m. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating an all-terrain vehicle, as defined under s. 340.01 (2g), may not be reimbursed or repaid the amount of tax paid unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g).

AB100-engrossed, s. 2441 Section 2441. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB100-engrossed,1256,14 78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

AB100-engrossed, s. 2442 Section 2442. 78.75 (1m) (a) 3. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,1257,4 78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

AB100-engrossed, s. 2443 Section 2443. 78.75 (1m) (c) of the statutes is amended to read:

AB100-engrossed,1258,5 78.75 (1m) (c) The seller, upon request, shall furnish each purchaser with an invoice prepared at the time of delivery, and the purchaser shall send that invoice or a list of purchases to the department when making a claim for refund. The invoice shall contain the following information: date of sale; name and address of seller; name of purchaser, which name must be the name of the claimant; number of gallons purchased; the type of fuel; the purchase price; and the amount of Wisconsin motor vehicle fuel or alternate fuels tax paid as a separate item. If the purchaser sends invoices to the department, the purchaser shall send a separate invoice for each sale and delivery, and the invoice shall be legibly written and shall comply with the foregoing requirements. If the purchaser sends a list of purchases to the department, the purchaser shall retain for 4 years the invoices that are evidence of those purchases and allow the department to inspect them. The claim shall state whether or not the applicant owns an automobile or truck or any other motor-driven machinery or appliance which consumes motor vehicle fuel or an alternate fuel; the total number of gallons of motor vehicle fuel or alternate fuel purchased; the number of gallons of such motor vehicle fuel or alternate fuel purchased on which refund is claimed; a detailed statement of the consumption of such motor vehicle fuel or alternate fuel on which a refund is claimed, describing the machinery, equipment or appliance in which consumed, giving the serial or manufacturer's number of the motor and the approximate number of gallons consumed in each; or if such fuel were not consumed in any such machinery, equipment or appliance, then a description of the purposes for which the fuel was consumed with the approximate number of gallons consumed for each purpose; a statement whether or not deduction has been made for motor vehicle fuel or alternate fuels consumed in applicant's automobile or truck; and such other information as the department deems necessary.

AB100-engrossed, s. 2444 Section 2444. 78.75 (1m) (e) of the statutes is amended to read:

AB100-engrossed,1258,15 78.75 (1m) (e) On the filing of a claim under par. (a), accompanied by the invoice or list of purchases, the department shall determine the amount of refund due. The department may make such investigation of the correctness of the facts stated in such claim as it deems necessary and may require a claimant to submit records to substantiate the claim. When the department has approved such claim, it shall pay reimburse the claimant the reimbursement herein provided out of the moneys collected under this chapter to be used for carrying out this section. No refund shall be claimed by or allowed to any person on account of any motor vehicle fuel or alternate fuel carried from this state in the ordinary fuel tank of a motor vehicle.

AB100-engrossed, s. 2444m Section 2444m. 78.77 (1) of the statutes is amended to read:

AB100-engrossed,1259,9 78.77 (1) No person may transport motor vehicle fuel, general aviation fuel or alternate fuels by truck, trailer, semitrailer or other vehicle on any highway in this state from a point without this state to a point within this state, from a point within this state to a point without this state or for hire, as defined in s. 194.01 (4), unless each that person has a valid certificate under s. 73.03 (50) and is registered with the department and unless the registration number furnished by the department for the vehicle preceded by the letters W.D.R. is prominently displayed on the vehicle by painting the registration number on each side and on the rear of the vehicle in characters not less than 5 inches in height with a stroke not less than three-fourths inch in width. The registration is valid until it is suspended, revoked for cause or canceled. A registration is not transferable to another person or place of business. Application for registration shall be upon forms prescribed by the department and shall furnish such information concerning the applicant as the department requires. The application shall show the name and address of the applicant, a description of the truck, trailer, semitrailer or other vehicle, the license number and the state in which issued, the name and address of the licensee, the capacity in gallons of the fuel tank or tanks, the serial number of the trailer, semitrailer or other vehicle, and the serial and motor number of any truck.

AB100-engrossed, s. 2445 Section 2445. 78.78 (3) of the statutes is amended to read:

AB100-engrossed,1259,17 78.78 (3) Any transporter who fails to file timely a report required under this section shall pay to the department a late filing fee of $10. A report that is mailed is timely if it is mailed in a properly addressed envelope with 1st class postage, if the envelope is postmarked on or before the due date and if the report is received by the department or at the destination that the department prescribes within 5 days after the due date. A report that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes.

AB100-engrossed, s. 2446 Section 2446. 79.03 (3) (b) 3. of the statutes is amended to read:

AB100-engrossed,1260,7 79.03 (3) (b) 3. "Full valuation" means the full value of all taxable property for the preceding year as equalized for state tax purposes, except that for municipalities the value of real estate assessed under s. 70.995 is excluded. Value increments under s. 66.46 are included for municipalities but excluded for counties. Environmental remediation value increments under s. 66.462 are included for municipalities and counties that create the environmental remediation tax incremental district and are excluded for units of government that do not create the district. If property that had been assessed under s. 70.995 and that has a value exceeding 10% of a municipality's value is assessed under s. 70.10, 30% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year after the assessment under s. 70.10, 65% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year 2 years after the assessment under s. 70.10 and 100% of that property's full value is included in "full valuation" for purposes of subsequent shared revenue payments.

AB100-engrossed, s. 2447 Section 2447. 79.03 (3) (b) 4. a. of the statutes is amended to read:

AB100-engrossed,1260,17 79.03 (3) (b) 4. a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.46 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.462 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county handicapped children's education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, mobile home fees, the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

AB100-engrossed, s. 2447t Section 2447t. 79.095 of the statutes is created to read:

AB100-engrossed,1260,19 79.095 State aid; computers. (1) Definitions. In this section:

AB100-engrossed,1260,20 (a) "Department" means the department of revenue.

AB100-engrossed,1260,22 (b) "Gross tax rate" means the property tax rate without consideration of the credits under subch. II.

AB100-engrossed,1260,24 (c) "Taxing jurisdiction" means a municipality, county, school district or technical college district.

AB100-engrossed,1261,4 (2) Reporting. On or before April 1, 2000, each municipality shall report to the department the value of the property under s. 70.11 (39), as determined in the municipality's assessment as of January 1, 1999, in each taxing jurisdiction for which the municipality assesses property.

AB100-engrossed,1261,8 (3) Payment. Annually the department of revenue shall certify the amount payable to each taxing jurisdiction to the department of administration. Annually, on or before the first Monday in May, the department of administration shall pay to each taxing jurisdiction an amount determined as follows:

AB100-engrossed,1261,12 (a) Add the amount under sub. (2) for the taxing jurisdiction, as equated to the property's full value by the department of revenue, and the full value of the property under s. 70.11 (39) in the taxing jurisdiction as determined by the department under s. 70.995 in its assessment as of January 1, 1999.

AB100-engrossed,1261,15 (b) Multiply the amount under par. (a) by the taxing jurisdiction's gross tax rate for taxes levied in 1999 and payable in 2000, as calculated by the department of revenue.

AB100-engrossed, s. 2449 Section 2449. 79.10 (1) (f) of the statutes is repealed.

AB100-engrossed, s. 2452b Section 2452b. 79.10 (1m) of the statutes is renumbered 79.10 (1m) (a) and amended to read:

AB100-engrossed,1261,23 79.10 (1m) (a) Each municipality shall furnish notify the department of revenue with of the total amount of credits claimed by taxpayers under sub. (9) (bm) to be paid under sub. (9) (bm) and the total number of parcels of taxable real property and personal property accounts in the municipality that are eligible for the credit under sub. (5).

AB100-engrossed, s. 2454c Section 2454c. 79.10 (5) (a) of the statutes is renumbered 79.10 (5) and amended to read:

AB100-engrossed,1262,7 79.10 (5) Lottery credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (q), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11), of every parcel of taxable real property on which a principal dwelling is located and every personal property account in the municipality and for which a claim for the credit under sub. (9) (bm) is made by the owner of the principal dwelling.

AB100-engrossed, s. 2455c Section 2455c. 79.10 (7m) (b) 1. a. of the statutes is amended to read:

AB100-engrossed,1262,13 79.10 (7m) (b) 1. a. The amount determined under sub. (5) with respect to claims filed the number of parcels of taxable real property and personal property accounts for which the town, village or city has furnished notice under sub. (1m) by March 1 shall be distributed from the appropriation under s. 20.835 (3) (q) by the department of administration on the 4th Monday in March.

AB100-engrossed, s. 2456 Section 2456. 79.10 (7r) of the statutes is repealed.

AB100-engrossed, s. 2457m Section 2457m. 79.10 (9) (bm) 1. of the statutes is renumbered 79.10 (9) (bm) and amended to read:

AB100-engrossed,1262,23 79.10 (9) (bm) Lottery credit. Except as provided in ss. 79.175 and 79.18, every owner of a principal dwelling on taxable personal property or a parcel of taxable real property is entitled to receive a lottery credit in an amount determined by multiplying the estimated fair market value of the personal property or of the parcel of property, not exceeding the value determined under sub. (11), by the school tax rate. The owner shall receive the credit if he or she claims the credit in the manner provided under sub. (10) (a).

AB100-engrossed, s. 2458 Section 2458. 79.10 (9) (c) of the statutes is amended to read:

AB100-engrossed,1263,4 79.10 (9) (c) Credits shown on tax bill. The lottery credit under par. (bm) shall reduce the property taxes otherwise payable for those taxpayers who are eligible to receive that credit and who furnish the information required under sub. (10) (a), and the credit under par. (b) shall reduce the property taxes otherwise payable.

AB100-engrossed, s. 2459g Section 2459g. 79.10 (10) (title) and (a) to (d) of the statutes are repealed.

AB100-engrossed, s. 2459r Section 2459r. 79.10 (10) (e) of the statutes is renumbered 79.10 (1m) (b) and amended to read:

AB100-engrossed,1263,10 79.10 (1m) (b) Counties and any city authorized to act under s. 74.87 municipalities shall submit to the department of revenue all data related to the lottery credit and requested by the department of revenue.

AB100-engrossed, s. 2459w Section 2459w. 79.10 (11) (a) of the statutes is amended to read:

AB100-engrossed,1263,15 79.10 (11) (a) For property taxes levied in 1991, the lottery credit estimated fair market value is $8,200. For property taxes levied in 1992, the lottery credit estimated fair market value is $9,150. For property taxes levied in 1993 1997 and thereafter, the estimated fair market value shall be determined under par. (b).

AB100-engrossed, s. 2462 Section 2462. 79.10 (11) (b) of the statutes is amended to read:

AB100-engrossed,1264,3 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r) and 20.835 (2) (q) and (3) (r) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before November 1. If the joint committee on finance does not schedule a meeting to take place before November 1, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery credit in the following year.

AB100-engrossed, s. 2464 Section 2464. 79.11 (2) of the statutes is amended to read:

AB100-engrossed,1264,8 79.11 (2) Except as provided in s. 79.10 (10) (d), the The payment of the difference between the total tax which is due on any property less the amount of the tax credits applicable to such property authorized by this subchapter shall be considered payment in full of the property taxes due thereon in that year.

AB100-engrossed, s. 2465h Section 2465h. 81.01 (3) (b) of the statutes is amended to read:

AB100-engrossed,1264,14 81.01 (3) (b) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

AB100-engrossed,1264,16 Shall the town of ... spend $... over the annual limit of $10,000 for the construction and repair of its highways and bridges?

AB100-engrossed,1264,17 FOR SPENDING - AGAINST SPENDING -

AB100-engrossed, s. 2465hm Section 2465hm. 83.013 (2) of the statutes is amended to read:

AB100-engrossed,1264,24 83.013 (2) The department shall furnish each commission with traffic accident data and uniform traffic citation data for the rural, federal, state, and county highways in the jurisdictions represented in each commission, which shall identify the accident rates and arrest rates on their highways, in the form prescribed by the council on traffic law enforcement, and shall also furnish a suitable map for use in spotting accidents.

AB100-engrossed, s. 2465j Section 2465j. 83.015 (2) (b) of the statutes is amended to read:

AB100-engrossed,1265,12 83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 81.38 (1), (3) and (4), 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.

AB100-engrossed, s. 2465L Section 2465L. 84.01 (28) of the statutes is amended to read:

AB100-engrossed,1265,16 84.01 (28) Transportation administrative facilities. The department may acquire, construct, develop, enlarge or improve administrative or operating facilities for its use under s. 13.48 (10) or 84.01 (30).

AB100-engrossed, s. 2465m Section 2465m. 84.01 (30) of the statutes is created to read:

AB100-engrossed,1266,6 84.01 (30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under s. 84.59 for transportation administrative facilities under s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection:

AB100-engrossed,1266,10 (a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at fair market value or purchase at fair market value of the constructed project upon its completion.

AB100-engrossed,1266,14 (b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under s. 16.75 (3).

AB100-engrossed,1266,18 (c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.

AB100-engrossed,1266,21 (d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under par. (a) or by agents of the department of administration during construction.

AB100-engrossed,1266,24 (e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.

AB100-engrossed,1266,25 (f) A provision establishing a mechanism for the resolution of disputes.

AB100-engrossed, s. 2466 Section 2466. 84.013 (3) (ab) of the statutes is created to read:

AB100-engrossed,1267,4 84.013 (3) (ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.

AB100-engrossed, s. 2467 Section 2467. 84.013 (3) (ac) of the statutes is created to read:

AB100-engrossed,1267,8 84.013 (3) (ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.

AB100-engrossed, s. 2468 Section 2468. 84.013 (3) (ae) of the statutes is created to read:

AB100-engrossed,1267,11 84.013 (3) (ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.

AB100-engrossed, s. 2469 Section 2469. 84.013 (3) (ag) of the statutes is created to read:

AB100-engrossed,1267,14 84.013 (3) (ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.

AB100-engrossed, s. 2470 Section 2470. 84.013 (3) (ai) of the statutes is created to read:

AB100-engrossed,1267,17 84.013 (3) (ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.

AB100-engrossed, s. 2471 Section 2471. 84.013 (3) (ak) of the statutes is created to read:

AB100-engrossed,1267,21 84.013 (3) (ak) USH 151 extending approximately 18 miles between the junction of USH 151 and CTH "HH" south of Dickeyville to west of Belmont in Grant and Lafayette counties.

AB100-engrossed, s. 2471d Section 2471d. 84.03 (2) of the statutes is created to read:

AB100-engrossed,1268,6 84.03 (2) Appropriation adjustments. (a) In the 1997-98 fiscal year and in each fiscal year thereafter, the department shall submit to the joint committee on finance for review and approval a plan identifying how the department proposes to adjust its appropriations for the applicable fiscal year to reflect the actual levels of federal aid for this state for that fiscal year under the federal Intermodal Surface Transportation Efficiency Act of 1991, as amended, or a substantially similar subsequent federal legislative act establishing levels of federal aid for this state. The plan shall be submitted not later than December 1, or 30 days after the applicable federal legislation for that fiscal year has been enacted, whichever is later.

AB100-engrossed,1268,8 (b) The appropriation adjustments in a plan submitted under par. (a) may not be implemented as proposed without the approval of the joint committee on finance.

AB100-engrossed, s. 2471g Section 2471g. 84.076 (5) of the statutes is renumbered 84.076 (5) (intro.) and amended to read:

AB100-engrossed,1268,12 84.076 (5) Sunset. (intro.) This section does not apply after the later of the following:

AB100-engrossed,1268,13 (a) September 30, 1997.

AB100-engrossed, s. 2471m Section 2471m. 84.076 (5) (b) of the statutes is created to read:

AB100-engrossed,1268,18 84.076 (5) (b) The date on which federal law does not require, as a condition of using federal funds, that this state establish goals for the participation of disadvantaged businesses or the employment of disadvantaged individuals in projects using federal funds.

AB100-engrossed, s. 2472 Section 2472. 84.09 (5) of the statutes is amended to read:

AB100-engrossed,1269,13 84.09 (5) Subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for highway purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $3,000 or, for the transfer of surplus state real property to the department of administration under s. 16.375 or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.

AB100-engrossed, s. 2473 Section 2473. 84.09 (5s) of the statutes is created to read: