Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,343,13 995. Page 951, line 5: after that line insert:

AB133-ASA1-CA1,343,15 " Section 1801n. 74.48 (1) of the statutes is renumbered 74.48 (1) (a) and amended to read:

AB133-ASA1-CA1,343,24 74.48 (1) (a) If a person who owns land that has been valued under s. 70.32 (2r) (b) is sold by a person who has owned it for less than 5 years and who has benefited from a value lower than that established by changes the use of the land so that the land is not valued under s. 70.32 (2r) (a), there is imposed on that person a penalty equal to 5% of the difference between the sale price of the agricultural land and the value that would be established for it under s. 70.32 (2r) (c) during property taxes that would have been levied on the land if the land had been assessed at full market value and the property taxes levied on the land for the last year of the person's ownership 2 years that the land has been valued under s. 70.32 (2r).

AB133-ASA1-CA1, s. 1801p Section 1801p. 74.48 (1) (b) of the statutes is created to read:

AB133-ASA1-CA1,344,4 74.48 (1) (b) A person who owns land that has been valued under s. 70.32 (2r) and who sells the land, shall notify the buyer of the land that the land has been valued under s. 70.32 (2r).

AB133-ASA1-CA1, s. 1801r Section 1801r. 74.48 (2) of the statutes is amended to read:

AB133-ASA1-CA1,344,10 74.48 (2) Any amount due under sub. (1) shall be paid to the department of revenue taxation district in which the land as described in sub. (1) is located. The taxation district shall distribute the amount to the taxing jurisdictions in which the land is located in proportion to the taxes levied by the taxing jurisdictions during the 2 years that the land has been valued under s. 70.32 (2r).

AB133-ASA1-CA1, s. 1801s Section 1801s. 74.48 (3) of the statutes is amended to read:

AB133-ASA1-CA1,344,13 74.48 (3) The department of revenue taxation district in which the land as described in sub. (1) is located shall administer the penalty under this section.".

AB133-ASA1-CA1,344,14 996. Page 951, line 6: delete lines 6 to 19.

AB133-ASA1-CA1,344,15 997. Page 953, line 3: after that line insert:

AB133-ASA1-CA1,344,16 " Section 1809b. 76.28 (1) (d) of the statutes is amended to read:

AB133-ASA1-CA1,345,25 76.28 (1) (d) "Gross revenues" for a light, heat and power company other than a qualified wholesale electric company or a transmission company means total operating revenues as reported to the public service commission except revenues for interdepartmental sales and for interdepartmental rents as reported to the public service commission and deductions from the sales and use tax under s. 77.61 (4), except that the company may subtract from revenues either the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company, that purchases under federal or state approved wholesale rates more than 50% of its electric power from a person other than an affiliated interest, as defined in s. 196.52 (1), if the revenue from that purchased electric power is included in the seller's gross revenues or the following percentages of the actual cost of power purchased for resale, as reported to the public service commission, by a light, heat and power company, except a municipal light, heat and power company that purchases more than 90% of its power and that has less than $50,000,000 of gross revenues: 10% for the fee assessed on May 1, 1988, 30% for the fee assessed on May 1, 1989, and 50% for the fee assessed on May 1, 1990, and thereafter. For a qualified wholesale electric company, "gross revenues" means total business revenues from those businesses included under par. (e) 1. to 4. For a transmission company, "gross revenues" means total operating revenues as reported to the public service commission, except revenues for transmission service that is provided to a public utility that is subject to the license fee under sub. (2) (d), to a public utility, as defined in s. 196.01 (5), or to a cooperative association organized under ch. 185 for the purpose of providing electricity to its members only. For an electric utility, as defined in s. 16.957 (1) (g), "gross revenues" does not include public benefits fees collected by the electric utility under s. 16.957 (4) (a) or (5) (a). For a generator public utility, "gross revenues" does not include any grants awarded to the generator public utility under s. 16.958 (2) (b). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility or retail electric cooperative or under a joint program established under s. 16.957 (5) (f). For a municipal utility, "gross revenues" does not include public benefits fees received by the municipal utility from a municipal utility or retail electric cooperative under a joint program established under s. 16.957 (5) (f).

AB133-ASA1-CA1, s. 1809f Section 1809f. 76.28 (1) (e) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,346,10 76.28 (1) (e) (intro.) "Light, heat and power companies" means any person, association, company or corporation, including corporations described in s. 66.069 (2) and including, qualified wholesale electric companies and transmission companies and except only business enterprises carried on exclusively either for the private use of the person, association, company or corporation engaged in them, or for the private use of a person, association, company or corporation owning a majority of all outstanding capital stock or who control the operation of business enterprises and except electric cooperatives taxed under s. 76.48 that engage in any of the following businesses:

AB133-ASA1-CA1, s. 1809k Section 1809k. 76.28 (1) (e) 5. of the statutes is created to read:

AB133-ASA1-CA1,346,12 76.28 (1) (e) 5. Transmitting electric current for light, heat or power.

AB133-ASA1-CA1, s. 1809h Section 1809h. 76.28 (1) (eg) of the statutes is created to read:

AB133-ASA1-CA1,346,14 76.28 (1) (eg) "Municipal utility" has the meaning given in s. 16.957 (1) (q).

AB133-ASA1-CA1, s. 1809j Section 1809j. 76.28 (1) (gr) of the statutes is created to read:

AB133-ASA1-CA1,346,17 76.28 (1) (gr) "Retail electric cooperative" has the meaning given in s. 16.957 (1) (t).

AB133-ASA1-CA1, s. 1809no Section 1809no. 76.28 (1) (j) of the statutes is created to read:

AB133-ASA1-CA1,346,20 76.28 (1) (j) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

AB133-ASA1-CA1, s. 1809s Section 1809s. 76.28 (2) (c) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,346,24 76.28 (2) (c) (intro.) For Except as provided under par. (e), for private light, heat and power companies for 1986 and thereafter, an amount equal to the apportionment factor multiplied by the sum of:

AB133-ASA1-CA1, s. 1809w Section 1809w. 76.28 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,347,4 76.28 (2) (d) For Except as provided under par. (e), for municipal light, heat and power companies, an amount equal to the gross revenues, except gross revenues from operations within the municipality that operates the company, multiplied by the rates under par. (b) or (c).

AB133-ASA1-CA1, s. 1809y Section 1809y. 76.28 (2) (e) of the statutes is created to read:

AB133-ASA1-CA1,347,7 76.28 (2) (e) For transmission companies, an amount equal to the gross revenues multiplied by the rates under par. (c).".

AB133-ASA1-CA1,347,8 998. Page 953, line 4: before that line insert:

AB133-ASA1-CA1,347,9 " Section 1809zm. 76.48 (1g) (d) of the statutes is amended to read:

AB133-ASA1-CA1,348,2 76.48 (1g) (d) "Gross revenues" means total operating revenues, except revenues for interdepartmental sales and for interdepartmental rents, less deductions from the sales and use tax under s. 77.61 (4) and, in respect to any electric cooperative that purchases more than 50% of the power it sells, less the actual cost of power purchased for resale by an electric cooperative, if the revenue from that purchased electric power is included in the seller's gross revenues or if the electric cooperative purchased more than 50% of the power it sold in the year prior to January 1, 1988, from a seller located outside this state. For an electric cooperative, "gross revenues" does not include grants awarded to the electric cooperative under s. 16.958 (2) (b). For a retail electric cooperative, "gross revenues" does not include public benefits fees collected by the retail electric cooperative under s. 16.957 (5) (a), public benefits fees received by the retail electric cooperative from a retail electric cooperative or municipal utility under a joint program established under s. 16.957 (5) (f). For a wholesale supplier, as defined in s. 16.957 (1) (w), "gross revenues" does not include any public benefits fees that are received from a municipal utility, as defined in s. 16.957 (1) (q), or retail electric cooperative or under a joint program established under s. 16.957 (5) (f).

AB133-ASA1-CA1, s. 1809zo Section 1809zo. 76.48 (1g) (dm) of the statutes is created to read:

AB133-ASA1-CA1,348,4 76.48 (1g) (dm) "Municipal utility" has the meaning given in s. 16.957 (1) (q).

AB133-ASA1-CA1, s. 1809zp Section 1809zp. 76.48 (1g) (fm) of the statutes is created to read:

AB133-ASA1-CA1,348,7 76.48 (1g) (fm) "Retail electric cooperative" has the meaning given in s. 16.957 (1) (t).".

AB133-ASA1-CA1,348,8 999. Page 953, line 14: after that line insert:

AB133-ASA1-CA1,348,9 " Section 1810dm. 77.21 (1) of the statutes is amended to read:

AB133-ASA1-CA1,348,14 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-CA1,348,15 1000. Page 953, line 14: after that line insert:

AB133-ASA1-CA1,348,16 " Section 1810m. Chapter 77 (title) of the statutes is amended to read:

AB133-ASA1-CA1,348,17 CHAPTER 77

AB133-ASA1-CA1,349,3 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; TEMPORARY RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees".

AB133-ASA1-CA1,349,4 1001. Page 953, line 14: after that line insert:

AB133-ASA1-CA1,349,5 " Section 1810m. 77.25 (21) of the statutes is created to read:

AB133-ASA1-CA1,349,8 77.25 (21) Of transmission facilities or land rights to the transmission company, as defined in s. 196.485 (1) (ge), under s. 196.485 (5) (b) or (c) or (6) (a) 1. in exchange for securities, as defined in s. 196.485 (1) (fe).".

AB133-ASA1-CA1,349,9 1002. Page 953, line 14: after that line insert:

AB133-ASA1-CA1,349,10 " Section 1810dm. 77.255 of the statutes is amended to read:

AB133-ASA1-CA1,349,14 77.255 Exemptions from return. No return is required with respect to conveyances exempt under s. 77.25 (1), (2r), (3), (4) or (11) from the fee imposed under s. 77.22. No return is required with respect to conveyances exempt under s. 77.25 (2) unless the transferor is also a lender for the transaction.".

AB133-ASA1-CA1,349,15 1003. Page 953, line 15: delete lines 15 to 21.

AB133-ASA1-CA1,349,16 1004. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,349,17 " Section 1812t. 77.54 (44) of the statutes is created to read:

AB133-ASA1-CA1,349,20 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 and rights-of-way.".

AB133-ASA1-CA1,349,21 1005. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,349,22 " Section 1812p. 77.54 (30) (a) 3. of the statutes is amended to read:

AB133-ASA1-CA1,350,3 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-CA1,350,4 1006. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,350,5 " Section 1812Lb. 77.54 (20) (c) 4m. of the statutes is created to read:

AB133-ASA1-CA1,350,9 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-CA1,350,10 1007. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,350,11 " Section 1812Lm. 77.51 (4) (c) 6. of the statutes is repealed.

AB133-ASA1-CA1, s. 1812Ln Section 1812Ln. 77.52 (2) (a) 1. of the statutes is amended to read:

AB133-ASA1-CA1,351,10 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-CA1, s. 1812Lp Section 1812Lp. 77.52 (2) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,351,21 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-CA1,351,22 1008. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,351,23 " Section 1812np. 77.54 (20) (c) 6. of the statutes is amended to read:

AB133-ASA1-CA1,352,7 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-CA1,352,8 1009. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,352,9 " Section 1812s. 77.51 (9) (e) of the statutes is amended to read:

AB133-ASA1-CA1,352,14 77.51 (9) (e) An auction which is Five or fewer auctions that are the sale of personal farm property or household goods and not that are held by the same auctioneer at regular intervals the same location during the year. In this paragraph, with respect to indoor locations, "location" means a building, except that in the case of a shopping center or a shopping mall "location" means a store.".

AB133-ASA1-CA1,352,15 1010. Page 953, line 21: after that line insert:

AB133-ASA1-CA1,352,16 " Section 1813s. 77.51 (14g) (fm) of the statutes is created to read:

AB133-ASA1-CA1,352,20 77.51 (14g) (fm) The transfer of transmission facilities, as defined in s. 196.485 (1) (h), to a transmission company, as defined in s. 196.485 (1) (ge), after the organizational start-up date, as defined in s. 196.485 (1) (dv), of such company in exchange for securities, as defined in s. 196.485 (1) (fe);

AB133-ASA1-CA1, s. 1183v Section 1183v. 77.54 (44) of the statutes is created to read:

AB133-ASA1-CA1,352,23 77.54 (44) The gross receipts from the collection of public benefits fees that are charged under s. 16.957 (4) (a) or (5) (a).".

AB133-ASA1-CA1,352,24 1011. Page 956, line 3: after that line insert:

AB133-ASA1-CA1,353,2 " Section 1817bb. Subchapter VII (title) of chapter 77 [precedes 77.92] of the statutes is amended to read:

AB133-ASA1-CA1,353,3 CHAPTER 77

AB133-ASA1-CA1,353,4 temporary recycling surcharge

AB133-ASA1-CA1, s. 1817bc Section 1817bc. 77.92 (4) of the statutes is amended to read:

AB133-ASA1-CA1,353,22 77.92 (4) "Net business income", with respect to a partnership, means taxable income as calculated under section 703 of the internal revenue code Internal Revenue Code; plus the items of income and gain under section 702 of the internal revenue code Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the internal revenue code Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments treated as not made to partners under section 707 (a) (c) of the internal revenue code Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and (3s); and plus or minus, as appropriate, transitional adjustments, depreciation differences and basis differences under s. 71.05 (13), (15), (16), (17) and (19); 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 Internal Revenue Code.

AB133-ASA1-CA1, s. 1817bcm Section 1817bcm. 77.92 (4r) of the statutes is repealed.

AB133-ASA1-CA1, s. 1817bd Section 1817bd. 77.93 (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,354,2 77.93 Applicability. (intro.) For the privilege of doing business in this state, there is imposed a temporary recycling surcharge on the following entities:

AB133-ASA1-CA1, s. 1817be Section 1817be. 77.93 (1) of the statutes is amended to read:

AB133-ASA1-CA1,354,10 77.93 (1) All corporations required to file a return under subch. IV or V of ch. 71 that have at least $4,000 more than $1,000,000 in total gross receipts from all activities for the taxable year except corporations that are exempt from taxation under s. 71.26 (1) and that have no unrelated business income reportable under s. 71.24 (1m). The surcharge is imposed on the tax-option corporation, not on its shareholders, except that if a tax-option corporation's surcharge is delinquent, its shareholders are jointly and severally liable for it.

AB133-ASA1-CA1, s. 1817bf Section 1817bf. 77.93 (4) of the statutes is amended to read:

AB133-ASA1-CA1,354,14 77.93 (4) All insurers that are required to file a return under subch. VII of ch. 71 and that have at least $4,000 more than $1,000,000 in total gross receipts from all activities for the taxable year.