Amendment CA1-ASA1-AB133

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AB133-ASA1-CA1, s. 1817bcm Section 1817bcm. 77.92 (4r) of the statutes is repealed.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

AB133-ASA1-CA1, s. 1817bg Section 1817bg. 77.94 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,354,18 77.94 (1) (intro.) Except as provided in subs. sub. (2) and (3), for taxable years ending beginning after April 1, 1991 December 31, 1999, the surcharge imposed under s. 77.93 is calculated as follows:

AB133-ASA1-CA1, s. 1817bh Section 1817bh. 77.94 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,354,24 77.94 (1) (a) On a corporation under s. 77.93 (1) and (4), an amount equal to the amount calculated by multiplying gross tax liability for the taxable year of the corporation by 5.5% 3.3%, or in the case of a tax-option corporation an amount equal to the amount calculated by multiplying net income under s. 71.34 by 0.4345% 0.2607%, up to a maximum of $9,800 $20,000, or $25, whichever is greater.

AB133-ASA1-CA1, s. 1817bi Section 1817bi. 77.94 (1) (b) of the statutes is amended to read:

AB133-ASA1-CA1,355,6 77.94 (1) (b) On an entity under s. 77.93 (2) or (3), except an entity that has less than $4,000 no more than $1,000,000 of gross receipts, an amount equal to the amount calculated by multiplying net business income as allocated or apportioned to this state by means of the methods under s. 71.04, for the taxable year of the entity by 0.4345% 0.2607%, up to a maximum of $9,800 $20,000, or $25, whichever is greater.

AB133-ASA1-CA1, s. 1817bj Section 1817bj. 77.94 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,355,11 77.94 (1) (c) On an entity under s. 77.93 (5), except an entity that has a net farm profit gross receipts from farming of less no more than $1,000 $1,000,000, a surcharge of $25, regardless of whether the entity is subject to a surcharge determined under par. (b).

AB133-ASA1-CA1, s. 1817bk Section 1817bk. 77.94 (3) of the statutes is repealed.

AB133-ASA1-CA1, s. 1817bL Section 1817bL. 77.94 (4) of the statutes is repealed.

AB133-ASA1-CA1, s. 1817bm Section 1817bm. 77.945 of the statutes is repealed.

AB133-ASA1-CA1, s. 1817bn Section 1817bn. 77.96 (6) of the statutes is amended to read:

AB133-ASA1-CA1,355,17 77.96 (6) The department of revenue shall refer to the surcharge under this subchapter as the temporary recycling surcharge.".

AB133-ASA1-CA1,355,19 1012. Page 956, line 6: on lines 6 and 18, delete "98.25%" and substitute "97.45%".

AB133-ASA1-CA1,355,20 1013. Page 958, line 14: after that line insert:

AB133-ASA1-CA1,355,22 " Section 1818Lb. 79.10 (11) (b) of the statutes, as affected by 1999 Wisconsin Act 5, is amended to read:

AB133-ASA1-CA1,356,11 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery and gaming credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) and 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 s. 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 and gaming credit in the following year.

AB133-ASA1-CA1, s. 1818Lc Section 1818Lc. 79.10 (11) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-CA1,357,2 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery and gaming credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) and 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 and gaming credit in the following year.

AB133-ASA1-CA1, s. 1818Ld Section 1818Ld. 79.13 (1) of the statutes, as created by 1999 Wisconsin Act 5, is amended to read:

AB133-ASA1-CA1,357,6 79.13 (1) In the 1999-2000 fiscal year, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) (dn) is $15,000,000.

AB133-ASA1-CA1, s. 1818Lf Section 1818Lf. 79.13 (2) of the statutes, as created by 1999 Wisconsin Act 5, is renumbered 79.13 (2) (a) and amended to read:

AB133-ASA1-CA1,357,14 79.13 (2) (a) In the 2000-01 fiscal year, and in each fiscal year thereafter, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) (dn) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) (dn) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (q) (dn) in the previous fiscal year.

AB133-ASA1-CA1, s. 1818Lg Section 1818Lg. 79.13 (2) (b) of the statutes is created to read:

AB133-ASA1-CA1,357,20 79.13 (2) (b) In the 2001-02 fiscal year, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (dn) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (dn) in the previous fiscal year.

AB133-ASA1-CA1, s. 1818Lh Section 1818Lh. 79.13 (2) (c) of the statutes is created to read:

AB133-ASA1-CA1,358,2 79.13 (2) (c) In the 2002-03 fiscal year, and in each fiscal year thereafter, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.".

AB133-ASA1-CA1,358,3 1014. Page 958, line 14: after that line insert:

AB133-ASA1-CA1,358,4 " Section 1818Lq. 79.05 (2) (c) of the statutes is amended to read:

AB133-ASA1-CA1,358,11 79.05 (2) (c) Its municipal budget, exclusive of principal and interest on long-term debt and exclusive of payments of the recycling fee under s. 289.645, for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6), exclusive of principal and interest on long-term debt and exclusive of payments of the recycling fee under s. 289.645, for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.".

AB133-ASA1-CA1,358,12 1015. Page 958, line 14: after that line insert:

AB133-ASA1-CA1,358,13 " Section 1818Lk. 79.01 (1) of the statutes is amended to read:

AB133-ASA1-CA1,358,18 79.01 (1) There is established an account in the general fund entitled the "Expenditure Restraint Program Account". There shall be appropriated to that account $25,000,000 in 1991, in 1992 and in 1993, $42,000,000 in 1994 and, $48,000,000 in each year beginning in 1995 and ending in 1999 and $57,000,000 in the year 2000 and in each year thereafter.

AB133-ASA1-CA1, s. 1818Ln Section 1818Ln. 79.03 (3c) (f) of the statutes is amended to read:

AB133-ASA1-CA1,359,2 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999 and $11,875,000 in the year 2000 and in each year thereafter.

AB133-ASA1-CA1, s. 1818Lp Section 1818Lp. 79.03 (4) of the statutes is amended to read:

AB133-ASA1-CA1,359,15 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. In Beginning in 1995 and subsequent years ending in 1999, the total amounts to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In the year 2000 and subsequent years, the total amounts to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) are $776,707,600 to municipalities and $172,361,400 to counties.

AB133-ASA1-CA1, s. 1818Ls Section 1818Ls. 79.058 (3) (b) of the statutes is amended to read:

AB133-ASA1-CA1,359,18 79.058 (3) (b) In Beginning in 1995 and subsequent years ending in 1999, $20,159,000.

AB133-ASA1-CA1, s. 1818Lt Section 1818Lt. 79.058 (3) (c) of the statutes is created to read:

AB133-ASA1-CA1,359,20 79.058 (3) (c) In the year 2000 and subsequent years, $20,763,800.".

AB133-ASA1-CA1,359,21 1016. Page 958, line 14: after that line insert:

AB133-ASA1-CA1,359,22 " Section 1818Lm. 79.10 (10) (bn) of the statutes is created to read:

AB133-ASA1-CA1,360,5 79.10 (10) (bn) If a person who owns and uses property as specified under sub. (1) (dm) as of the certification date under par. (a), transfers the property after the certification date, the transferee may apply for the credit under sub. (9) (bm) on a form prescribed by the department of revenue. The transferee shall attest that, to the transferee's knowledge, the transferor used the property in the manner specified under sub. (1) (dm) as of the certification date under par. (a). A claim that is made under this paragraph is valid for the year in which the property is transferred.".

AB133-ASA1-CA1,360,6 1017. Page 958, line 15: delete lines 15 to 19 and substitute:

AB133-ASA1-CA1,360,7 " Section 1818mn. 84.01 (30) (g) of the statutes is created to read:

AB133-ASA1-CA1,360,10 84.01 (30) (g) 1. In this paragraph, "park-and-ride facility" means a facility with a parking lot and, within a reasonable walking distance, a station or transfer point where commuters access a mass transit system.

AB133-ASA1-CA1,360,15 2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under ss. 84.25 (11) and 86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of ss. 84.25 (11) and 86.19 (1). This subdivision applies only to park-and-ride facilities.".

AB133-ASA1-CA1,360,16 1018. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,360,17 " Section 1818w. 84.013 (3) (ra) of the statutes is created to read:

AB133-ASA1-CA1,360,19 84.013 (3) (ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.".

AB133-ASA1-CA1,360,20 1019. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,360,21 " Section 1818p. 84.01 (31) of the statutes is created to read:

AB133-ASA1-CA1,361,4 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-CA1,361,5 1020. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,361,6 " Section 1818r. 84.013 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,361,9 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-CA1, s. 1818t Section 1818t. 84.013 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,361,13 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-CA1,361,14 1021. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,361,15 " Section 1819gg. 84.03 (9) (a) of the statutes is amended to read:

AB133-ASA1-CA1,362,11 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-CA1, s. 1819gm Section 1819gm. 84.065 (4) of the statutes is amended to read:

AB133-ASA1-CA1,362,15 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-CA1,362,16 1022. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,362,17 " Section 1819g. 84.02 (14) of the statutes is created to read:

AB133-ASA1-CA1,363,5 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, and if the state department of transportation determines that construction of the interchange will have no adverse impact on safety in the vicinity of the intersection, 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 both that a waiver is not required and that such construction will have no adverse impact on safety in the vicinity of the intersection, 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-CA1,363,6 1023. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,363,7 " Section 1819j. 84.014 of the statutes is created to read:

AB133-ASA1-CA1,363,13 84.014 Intelligent transportation systems. (1) In this section, "intelligent transportation system" means a specialized computer or other technical system, including roadway detector loops, closed circuit television, variable message signs, ramp meters or an integrated traffic signal system, that is used for the purpose of traffic flow measurement and management, congestion avoidance, incident management, travel time information or other similar purposes.

AB133-ASA1-CA1,363,19 (2) The department may fund the installation, maintenance and replacement of intelligent transportation systems. After June 30, 2000, the department may encumber funds for intelligent transportation systems only from the appropriation accounts under s. 20.395 (3) (gq) to (gx) unless the intelligent transportation system is physically integrated with and installed as part of a highway project that includes construction or improvement in addition to the intelligent transportation system.".

AB133-ASA1-CA1,363,20 1024. Page 961, line 19: after that line insert:

AB133-ASA1-CA1,363,21 " Section 1820mg. 84.20 of the statutes is amended to read:

AB133-ASA1-CA1,364,7 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-CA1,364,8 1025. Page 963, line 13: after that line insert: