Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,266,9 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015, the commission shall be the final authority for the hearing and determination of all questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss. 70.11 (21), 70.38 (4) (a), 70.397, 70.64 and 70.995 (8), s. 76.38 (12) (a), 1993 stats., ss. 76.39 (4) (c), 76.48 (6), 76.91, 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76 and , 139.78 and 139.97, subch. XIV of ch. 71 and subch. VII of ch. 77. Whenever with respect to a pending appeal there is filed with the commission a stipulation signed by the department of revenue and the adverse party, under s. 73.03 (25), agreeing to an affirmance, modification or reversal of the department's position with respect to some or all of the issues raised in the appeal, the commission shall enter an order affirming or modifying in whole or in part, or canceling the assessment appealed from, or allowing in whole or in part or denying the petitioner's refund claim, as the case may be, pursuant to and in accordance with the stipulation filed. No responsibility shall devolve upon the commission, respecting the signing of an order of dismissal as to any pending appeal settled by the department without the approval of the commission.".

AB133-ASA1-AA2,266,10 635. Page 950, line 21: after that line insert:

AB133-ASA1-AA2,266,11 " Section 1800d. 73.0301 (1) (d) 2. of the statutes is amended to read:

AB133-ASA1-AA2,266,14 73.0301 (1) (d) 2. A license issued by the department of health and family services under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care facility or day care center, as required by s. 48.60, 48.625, 48.65 or 938.22 (7).".

AB133-ASA1-AA2,266,15 636. Page 951, line 5: after that line insert:

AB133-ASA1-AA2,266,16 " Section 1803q. 74.01 (5) of the statutes is amended to read:

AB133-ASA1-AA2,266,21 74.01 (5) "Special tax" means any amount entered in the tax roll which is not a general property tax, special assessment or special charge. "Special tax" includes any interest and penalties assessed for nonpayment of the tax before it is placed in the tax roll and any charge under s. 66.606 (1) (a) 2. that is placed on the tax roll under s. 66.606 (2).".

AB133-ASA1-AA2,266,22 637. Page 952, line 9: after that line insert:

AB133-ASA1-AA2,266,23 " Section 1806m. 76.02 (1) of the statutes is amended to read:

AB133-ASA1-AA2,267,6 76.02 (1) "Air carrier company" means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights, except an air carrier company that operates a hub terminal facility, as defined in s. 70.11 (40). In this subsection, "aircraft" means a completely equipped operating unit, including spare flight equipment, used as a means of conveyance in air commerce.".

AB133-ASA1-AA2,267,7 638. Page 953, line 14: after that line insert:

AB133-ASA1-AA2,267,8 " Section 1810dm. 77.21 (1) of the statutes is amended to read:

AB133-ASA1-AA2,267,13 77.21 (1) "Conveyance" includes deeds and other instruments for the passage of ownership interests in real estate, including contracts and assignments of a vendee's interest therein, including instruments that are evidence of a sale of time-share property, as defined in s. 707.02 (32), and including leases for at least 99 years but excluding leases for less than 99 years, easements and wills.".

AB133-ASA1-AA2,267,14 639. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,267,15 " Section 1812p. 77.54 (30) (a) 3. of the statutes is amended to read:

AB133-ASA1-AA2,267,18 77.54 (30) (a) 3. Electricity sold during the months of November, December, January, February, March and April for use in farming, including but not limited to agriculture, dairy farming, floriculture and horticulture.".

AB133-ASA1-AA2,267,19 640. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,267,20 " Section 1812s. 77.51 (9) (e) of the statutes is amended to read:

AB133-ASA1-AA2,267,23 77.51 (9) (e) An auction which is the sale of personal farm property or household goods and not held at regular intervals more than 5 times at the same location during a year.".

AB133-ASA1-AA2,267,24 641. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,268,1 " Section 1812Lb. 77.54 (20) (c) 4m. of the statutes is created to read:

AB133-ASA1-AA2,268,5 77.54 (20) (c) 4m. Taxable sales do not include food and beverage items under pars. (b) 4. and (c) 2., and disposable products that are transferred with such items, that are provided by a restaurant to the restaurant's employe during the employe's work hours.".

AB133-ASA1-AA2,268,6 642. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,268,7 " Section 1812Lm. 77.51 (4) (c) 6. of the statutes is repealed.

AB133-ASA1-AA2, s. 1812Ln Section 1812Ln. 77.52 (2) (a) 1. of the statutes is amended to read:

AB133-ASA1-AA2,269,6 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, 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. In this subdivision, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

AB133-ASA1-AA2, s. 1812Lp Section 1812Lp. 77.52 (2) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,269,17 77.52 (2) (a) 2. The sale of admissions to amusement, athletic, entertainment or recreational events or places except county fairs, the sale, rental or use of regular bingo cards, extra regular cards, special bingo cards and the sale of bingo supplies to players and the furnishing, for dues, fees or other considerations, the privilege of access to clubs or the privilege of having access to or the use of amusement, entertainment, athletic or recreational devices or facilities, including , in connection with the sale or use of time-share property, as defined in s. 707.02 (32), the sale or furnishing of use of recreational facilities on a periodic basis or other recreational rights, including but not limited to membership rights, vacation services and club memberships.".

AB133-ASA1-AA2,269,18 643. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,269,19 " Section 1812np. 77.54 (20) (c) 6. of the statutes is amended to read:

AB133-ASA1-AA2,270,2 77.54 (20) (c) 6. For purposes of subd. 1., "premises" shall be construed broadly, and, by way of illustration but not limitation, shall include the lobby, aisles and auditorium of a theater or the seating, aisles and parking area of an arena, rink or stadium or the parking area of a drive-in or outdoor theater. The premises of a caterer with respect to catered meals or beverages shall be the place where served. Vending machine premises shall include the room or area in which located Sales from a vending machine shall be considered sales for off-premises consumption.".

AB133-ASA1-AA2,270,3 644. Page 953, line 21: after that line insert:

AB133-ASA1-AA2,270,4 " Section 1814i. 77.51 (21m) of the statutes is amended to read:

AB133-ASA1-AA2,270,17 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.".

AB133-ASA1-AA2,270,18 645. Page 956, line 3: after that line insert:

AB133-ASA1-AA2,270,19 " Section 1817b. 77.92 (4) of the statutes is amended to read:

AB133-ASA1-AA2,271,6 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the internal revenue code; plus the items of income and gain under section 702 of the internal revenue code; minus the items of loss and deduction under section 702 of the internal revenue code; plus payments treated as not made to partners under section 707 (a) of the internal revenue code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (2dy), (3s) and (5r); but excluding income, gain, loss and deductions from farming. "Net business income", with respect to a natural person, estate or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employe as defined in section 3121 (d) (3) of the internal revenue code.".

AB133-ASA1-AA2,271,8 646. Page 956, line 6: on lines 6 and 18, delete "98.25%" and substitute "97.45%".

AB133-ASA1-AA2,271,9 647. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,271,10 " Section 1818Lm. 81.01 (3) (b) of the statutes is amended to read:

AB133-ASA1-AA2,271,15 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:

AB133-ASA1-AA2,271,17 Shall the town of ... spend $... over the annual limit of $10,000 for the construction and repair of its highways and bridges?

AB133-ASA1-AA2,271,18 FOR SPENDING ⍽ AGAINST SPENDING ⍽".

AB133-ASA1-AA2,271,19 648. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,271,20 " Section 1818Lb. 79.10 (11) (b) of the statutes is amended to read:

AB133-ASA1-AA2,272,8 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 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.

AB133-ASA1-AA2, s. 1818Lb Section 1818Lb. 79.10 (11) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-AA2,272,22 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 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.".

AB133-ASA1-AA2,272,23 649. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,272,24 " Section 1818Ld. 79.13 of the statutes is created to read:

AB133-ASA1-AA2,273,3 79.13 Farmland tax relief credit. (1) In the 1999-2000 fiscal year, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $20,000,000.

AB133-ASA1-AA2,273,8 (2) In the 2000-01 fiscal year, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $20,000,000, plus the amount that was estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that was expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.

AB133-ASA1-AA2,273,14 (3) In the 2001-02 fiscal year, and in each fiscal year thereafter, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that was estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that was expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.".

AB133-ASA1-AA2,273,15 650. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,273,16 " Section 1818Le. 78.55 (1) of the statutes is amended to read:

AB133-ASA1-AA2,273,18 78.55 (1) "Air carrier company" has the meaning given in s. 76.02 (1) 70.11 (40).".

AB133-ASA1-AA2,273,19 651. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,273,20 " Section 1818w. 84.013 (3) (ra) of the statutes is created to read:

AB133-ASA1-AA2,273,22 84.013 (3) (ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.".

AB133-ASA1-AA2,273,23 652. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,273,24 " Section 1818p. 84.01 (31) of the statutes is created to read:

AB133-ASA1-AA2,274,7 84.01 (31) State highway rehabilitation funds. The department may not use funds from the appropriations under s. 20.395 (3) (cq) to (cx) for the maintenance or replacement of curb and pavement or other markings, or for the operation, maintenance or replacement of highway signs, traffic signals or highway lighting, unless the maintenance, replacement or operation is in conjunction with activities related to a state trunk highway reconditioning, reconstruction or resurfacing project.".

AB133-ASA1-AA2,274,8 653. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,274,9 " Section 1818r. 84.013 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,274,12 84.013 (2) (a) Major Subject to s. 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uu).

AB133-ASA1-AA2, s. 1818t Section 1818t. 84.013 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,274,16 84.013 (2) (b) Reconditioning Subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. 20.395 (3) (cq) to (cx).".

AB133-ASA1-AA2,274,17 654. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,274,19 " Section 1819gd. 84.06 (2) (a) of the statutes is renumbered 84.06 (2) and amended to read:

AB133-ASA1-AA2,275,15 84.06 (2) Bids, contracts. All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the The secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and 16.754 apply to the contract. Contracts under this section are subject to s. 85.017. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB133-ASA1-AA2, s. 1819ge Section 1819ge. 84.06 (2) (b) of the statutes is repealed.".

AB133-ASA1-AA2,275,17 655. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,275,18 " Section 1819g. 84.02 (14) of the statutes is created to read:

AB133-ASA1-AA2,276,2 84.02 (14) I 39 interchange. If a waiver from the federal department of transportation is required for the construction of an interchange at the intersection of I 39 and Kowalski Road in Marathon County, the state department of transportation shall request a waiver to permit construction of the interchange. If a waiver is granted or if the state department of transportation determines that a waiver is not required, the department of transportation shall design the interchange specified in this subsection and allocate funds from the appropriations under s. 20.395 (3) (cq) to (cx) sufficient to construct the interchange.".

AB133-ASA1-AA2,276,3 656. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,276,4 " Section 1819gg. 84.03 (9) (a) of the statutes is amended to read:

AB133-ASA1-AA2,276,24 84.03 (9) (a) That Subject to s. 86.255, that part of the appropriation made by s. 20.395 (3), not required for the other purposes therein provided, may be used by the department for the improvement and traffic service of the state trunk highway system and connecting highways, for the purchase and operation of equipment, making surveys for locating local road materials, testing of materials, and for other purposes provided in this section, and to match or supplement federal aid for the construction, reconstruction or improvement of the federal aid highway system, secondary or feeder roads, the elimination of hazards at railroad grade crossings and for any other highway purpose for which the state may match or supplement federal aid funds pursuant to any act of congress. Where such funds are used for the improvement of the state trunk highway system or connecting highways or to match or supplement federal aid they shall be expended in accordance with s. 84.06 and any applicable act of congress. Any funds expended pursuant to this paragraph shall be expended by the department on such projects within the provisions of this paragraph, and executed in such manner as the department shall from time to time determine will best meet the needs of travel and best promote the general welfare. Such funds may be used for improvements, within the provisions of this paragraph, independent of or in conjunction with other funds available for such improvements. The Subject to s. 86.255, the requirements of any federal highway act, or regulations issued thereunder, may be met from such appropriation.

AB133-ASA1-AA2, s. 1819gm Section 1819gm. 84.065 (4) of the statutes is amended to read:

AB133-ASA1-AA2,277,4 84.065 (4) Funds. The Subject to s. 86.255, the department may make loans under this section from the appropriations under s. 20.395 (3) (bv) and (cv). The total outstanding balance of loans under this section may not exceed $500,000.".

AB133-ASA1-AA2,277,5 657. Page 961, line 19: after that line insert:

AB133-ASA1-AA2,277,6 " Section 1820mg. 84.20 of the statutes is amended to read:

AB133-ASA1-AA2,277,16 84.20 State repair and maintenance of highways and streets. Damage to any county trunk or town highway or city or village street caused by reason of its use as a detour designated by the department or for hauling materials incident to the maintenance, repair or construction by the department of any state trunk highway or street over which a state trunk highway is routed, shall be repaired by the department. Such highway or street shall also be maintained by the department during such use. The Subject to s. 86.255, the cost of such repairs and maintenance shall be paid from funds appropriated and available to the department for the maintenance and improvement of state trunk highways and connecting highways under s. 20.395 (3).".

AB133-ASA1-AA2,277,17 658. Page 963, line 13: after that line insert:

AB133-ASA1-AA2,277,18 " Section 1824fm. 84.31 (8) (b) of the statutes is amended to read:

AB133-ASA1-AA2,278,5 84.31 (8) (b) The department and another state agency may enter into agreements for the purpose of assigning to the other state agency the responsibility for the administration of this section and rules adopted under this section. To the extent responsibility for administration is assigned to the other agency under such agreements, the other state agency shall have the same powers and duties conferred on the department under this section. The department shall reimburse the other state agency from the appropriation under s. 20.395 (3) (cq) and (cx) for all expenses, including administrative expenses, incurred by the other state agency in connection with the screening, relocation, removal or disposal of junkyards under the authority assigned to the other state agency, except that no moneys may be reimbursed for the acquisition of land or interests in land contrary to s. 86.255.".

AB133-ASA1-AA2,278,7 659. Page 964, line 5: delete "$1,440,665,900" and substitute "$1,437,365,900".

AB133-ASA1-AA2,278,8 660. Page 964, line 10: after that line insert:

AB133-ASA1-AA2,278,9 " Section 1826m. 85.017 of the statutes is created to read:

AB133-ASA1-AA2,278,12 85.017 Contracts conditioned on use of labor organizations prohibited. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).