Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,121,19 77.52 (2) (a) 5. b. The sale of services subject to 4 USC 116 to 126, as amended by P.L. 106-252, if the customer's place of primary use of the services is in this state, as determined under 4 USC 116 to 126, as amended by P.L. 106-252. For purposes of this subd. 5. b., all of the provisions of 4 USC 116 to 126, as amended by P.L. 106-252, are adopted, except that if 4 USC 116 to 126, as amended by P.L. 106-252, or the application of 4 USC 116 to 126, as amended by P.L. 106-252, is found unconstitutional the sale of telecommunications services is subject to the tax imposed under this section as provided in subd. 5. a.

AB1-ASA1-AA1, s. 233e Section 233e. 77.52 (3m) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,121,22 77.52 (3m) (intro.) In regard to the sale of the rights to purchase telecommunications services under sub. (2) (a) 5. a.:

AB1-ASA1-AA1, s. 233f Section 233f. 77.52 (3n) of the statutes is created to read:

AB1-ASA1-AA1,122,3 77.52 (3n) In regard to the sale of the rights to purchase telecommunications services under sub. (2) (a) 5. b., the situs of the sale is as determined under 4 USC 116 to 126, as amended by P.L. 106-252.

AB1-ASA1-AA1, s. 233g Section 233g. 77.523 of the statutes is created to read:

AB1-ASA1-AA1,123,2 77.523 Customer remedy. If a customer purchases a service that is subject to 4 USC 116 to 126, as amended by P.L. 106-252, and if the customer believes that the amount of the tax assessed for the service under this subchapter or the place of primary use or taxing jurisdiction assigned to the service is erroneous, the customer may request that the service provider correct the alleged error by sending a written notice to the service provider. The notice shall include a description of the alleged error, the street address for the customer's place of primary use of the service, the account name and number of the service for which the customer seeks a correction, and any other information that the service provider reasonably requires to process the request. Within 60 days from the date that a service provider receives a request under this section, the service provider shall review its records to determine the customer's taxing jurisdiction. If the review indicates that there is no error as alleged, the service provider shall explain the findings of the review in writing to the customer. If the review indicates that there is an error as alleged, the service provider shall correct the error and shall refund or credit the amount of any tax collected erroneously, along with the related interest, as a result of the error from the customer in the previous 48 months, consistent with s. 77.59 (4). A customer may take no other action, or commence any action, to correct an alleged error in the amount of the tax assessed under this subchapter on a service that is subject to 4 USC 116 to 126, as amended by P.L. 106-252, or to correct an alleged error in the assigned place of primary use or taxing jurisdiction, unless the customer has exhausted his or her remedies under this section.

AB1-ASA1-AA1, s. 233h Section 233h. 77.525 of the statutes is amended to read:

AB1-ASA1-AA1,123,11 77.525 Reduction to prevent double taxation. Any person who is subject to the tax under s. 77.52 (2) (a) 5. a. on telecommunications services that terminate in this state and who has paid a similar tax on the same services to another state may reduce the amount of the tax remitted to this state by an amount equal to the similar tax properly paid to another state on those services or by the amount due this state on those services, whichever is less. That person shall refund proportionally to the persons to whom the tax under s. 77.52 (2) (a) 5. a. was passed on an amount equal to the amounts not remitted.

AB1-ASA1-AA1, s. 233j Section 233j. 77.54 (46m) of the statutes is created to read:

AB1-ASA1-AA1,123,18 77.54 (46m) The gross receipts from the sale of and the storage, use, or other consumption of telecommunications services, if the telecommunications services are obtained by using the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code; and if the tax imposed under s. 77.52 or 77.53 was previously paid on the sale or purchase of such rights.

AB1-ASA1-AA1, s. 233k Section 233k. 77.72 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA1,124,2 77.72 (3) (b) Exceptions. Communication A communication service has a situs where the customer is billed for the service if the customer calls collect or pays by credit card. Services subject to s. 77.52 (2) (a) 5. b. have a situs at the customer's place of primary use of the services, as determined under 4 USC 116 to 126, as amended by P.L. 106-252. Towing services have a situs at the location to which the vehicle is delivered. Services performed on tangible personal property have a situs at the location where the property is delivered to the buyer.".

AB1-ASA1-AA1,124,3 168. Page 139, line 16: after that line insert:

AB1-ASA1-AA1,124,4 " Section 233L. 77.82 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,124,13 77.82 (2) Petition. (intro.) Any owner of land may petition the department to designate any eligible parcel of land as managed forest land. A petition may include any number of eligible parcels under the same ownership in a single municipality. Each petition shall be submitted on a form provided by the department and shall be accompanied by a nonrefundable $10 application fee unless a different amount of the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). Each petition shall include all of the following:

AB1-ASA1-AA1, s. 233m Section 233m. 77.82 (2m) of the statutes is created to read:

AB1-ASA1-AA1,124,17 77.82 (2m) Fees for petitions. (a) Except as provided in par. (b), a petition under sub. (2) or (4m) shall be accompanied by a nonrefundable application fee of $100.

AB1-ASA1-AA1,124,21 (b) If the petition is accompanied by a proposed management plan as provided in par. (c), the nonrefundable application fee shall be $10 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter.

AB1-ASA1-AA1,124,23 (c) A proposed management plan that qualifies for the reduced fee under par. (b) shall be one of the following:

AB1-ASA1-AA1,125,2 1. A management plan prepared by a qualified forester, as defined by rule by the department.

AB1-ASA1-AA1,125,3 2. Any other management plan approved by the department.

AB1-ASA1-AA1,125,6 3. For petitions under sub. (4m), a recent management plan that was approved by the department for the forest cropland that is subject to the conversion petition under sub. (4m).

AB1-ASA1-AA1,125,9 (d) All the fees collected under this subsection shall be deposited in the conservation fund. The fees collected under par. (b) and $10 of each $100 fee collected under par. (a) shall be credited to the appropriation under s. 20.370 (1) (cr).

AB1-ASA1-AA1,125,12 (e) If the proposed management plan is not approved by the department under its initial review under sub. (3) (a), the department shall collect from the petitioner a fee in an amount equal to $100 less the amount the petitioner paid under par. (c).

AB1-ASA1-AA1, s. 233n Section 233n. 77.82 (3) (a) of the statutes is amended to read:

AB1-ASA1-AA1,125,19 77.82 (3) (a) The petitioner may submit a proposed management plan for the entire acreage of each parcel with the petition. The department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed plan. If the department disapproves a plan, it shall inform the petitioner of the changes necessary to qualify the plan for approval upon subsequent review.

AB1-ASA1-AA1, s. 233nm Section 233nm. 77.82 (4) of the statutes is amended to read:

AB1-ASA1-AA1,126,4 77.82 (4) Additions to managed forest land. An owner may petition the department to designate as managed forest land an additional parcel of land in the same municipality if the additional parcel is at least 3 acres in size and is contiguous to any of the owner's designated land. The petition shall be accompanied by a nonrefundable $10 application fee unless a different amount of the fee is established in the same manner as the fee under sub. (2) (2m) (b). The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The petition shall be submitted on a department form and shall contain any additional information required by the department.

AB1-ASA1-AA1, s. 233o Section 233o. 77.82 (4m) (bn) of the statutes is repealed.

AB1-ASA1-AA1, s. 233p Section 233p. 77.82 (4m) (c) of the statutes is repealed.".

AB1-ASA1-AA1,126,7 169. Page 139, line 16: after that line insert:

AB1-ASA1-AA1,126,8 " Section 232b. 73.028 of the statutes is amended to read:

AB1-ASA1-AA1,126,11 73.028 Levy rate limits and debt Debt conditions; rules. The department may promulgate rules to implement and administer the levy rate limits and debt issuance conditions under ss. 59.605 and s. 67.045.".

AB1-ASA1-AA1,126,12 170. Page 140, line 12: after "(4)," insert "(4m),".

AB1-ASA1-AA1,126,14 171. Page 140, line 19: on lines 19 and 23 delete "Subject to s. 59.605 (4), payments" and substitute "Subject to s.59.605 (4), payments Payments".

AB1-ASA1-AA1,126,15 172. Page 142, line 16: after that line insert:

AB1-ASA1-AA1,126,16 " Section 242m. 79.03 (4b) of the statutes is repealed.".

AB1-ASA1-AA1,126,17 173. Page 146, line 24: after that line insert:

AB1-ASA1-AA1,126,18 " Section 248d. 79.04 (4m) (a) of the statutes is created to read:

AB1-ASA1-AA1,127,3 79.04 (4m) (a) Beginning with the distributions in 2004, if property that was exempt from the property tax under s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under s. 66.0813, or by an electric cooperative, is decommissioned, the municipality shall be paid, from the public utility account, an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the municipality for its general operations from the following percentages of the payment that the municipality received under this section during the last year that the property was exempt from the property tax:

AB1-ASA1-AA1,127,4 a. In the first year that the property is taxable, 100%.

AB1-ASA1-AA1,127,5 b. In the 2nd year that the property is taxable, 80%.

AB1-ASA1-AA1,127,6 c. In the 3rd year that the property is taxable, 60%.

AB1-ASA1-AA1,127,7 d. In the 4th year that the property is taxable, 40%.

AB1-ASA1-AA1,127,8 e. In the 5th year that the property is taxable, 20%.

AB1-ASA1-AA1, s. 248e Section 248e. 79.04 (4m) (b) of the statutes is created to read:

AB1-ASA1-AA1,127,17 79.04 (4m) (b) Beginning with the distributions in 2004, if property that was exempt from the property tax under s. 70.112 (4) and that was used to generate power by a light, heat, or power company, except property under s. 66.0813, or by an electric cooperative, is decommissioned, the county shall be paid, from the public utility account, an amount calculated by subtracting an amount equal to the property taxes paid for that property during the current year to the county for its general operations from the following percentages of the payment the county received under this section during the last year that the property was exempt from the property tax:

AB1-ASA1-AA1,127,18 1. In the first year that the property is taxable, 100%.

AB1-ASA1-AA1,127,19 2. In the 2nd year that the property is taxable, 80%.

AB1-ASA1-AA1,127,20 3. In the 3rd year that the property is taxable, 60%.

AB1-ASA1-AA1,127,21 4. In the 4th year that the property is taxable, 40%.

AB1-ASA1-AA1,127,22 5. In the 5th year that the property is taxable, 20%.".

AB1-ASA1-AA1,127,23 174. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,127,24 " Section 258g. 85.061 (3) (b) of the statutes is amended to read:

AB1-ASA1-AA1,128,8 85.061 (3) (b) The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with respect to a route under par. (a) 1. or 2., the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route use of the proceeds is specifically enumerated in a list under par. (c). The department may contract with Amtrak, railroads or other persons to perform the activities under the program.

AB1-ASA1-AA1, s. 258h Section 258h. 85.061 (3) (c) of the statutes is created to read:

AB1-ASA1-AA1,128,11 85.061 (3) (c) The department may use proceeds from the bond issue authorized under s. 20.866 (2) (up) for the following purposes:

AB1-ASA1-AA1,128,13 1. No purposes enumerated under this subdivision as of the effective date of this subdivision .... [revisor inserts date].

AB1-ASA1-AA1, s. 258j Section 258j. 85.061 (3) (d) of the statutes is created to read:

AB1-ASA1-AA1,128,20 85.061 (3) (d) Beginning on January 1, 2003, the department may not expend any state funds for a project under this section if the anticipated expenditure of state funds for the project exceed 20% of the total cost of the project. This paragraph does not apply to the expenditure of state funds for any activities the department may be required to conduct for purposes of eligibility for federal financial participation in a project.".

AB1-ASA1-AA1,128,21 175. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,128,22 " Section 257m. 84.02 (5) (a) of the statutes is amended to read:

AB1-ASA1-AA1,129,9 84.02 (5) (a) As often as it deems necessary, the department shall publish highway service maps showing the state trunk highway system and such other main highways and other features as may seem desirable. Such highway service maps shall be sold by the department at a price to be fixed by it, which shall be not less than cost. The department may permit the use of the base plates for other maps and publications in consideration of a fair fee for such use. The department shall make and publish or duplicate such highway service maps as are required for its use, and shall publish folded highway maps of Wisconsin for free distribution to the public. The department shall ensure that the folded highway maps bear information regarding the requirements of s. 347.48 (4) and do not bear information regarding toll-free telephone service under s. 13.205.".

AB1-ASA1-AA1,129,10 176. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,129,11 " Section 257g. 84.014 (5) of the statutes is created to read:

AB1-ASA1-AA1,129,16 84.014 (5) The department shall design the reconstruction of the Marquette interchange and I 94 in Milwaukee and Waukesha counties to allow for expansion of capacity for vehicular traffic on the Marquette interchange and I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 30 years following the completion of such reconstruction.".

AB1-ASA1-AA1,129,17 177. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,129,18 " Section 257m. 84.185 (3m) of the statutes is created to read:

AB1-ASA1-AA1,129,23 84.185 (3m) Review of applications. The department shall accept, review, and make determinations on applications for assistance under this section on a continuing, year-round basis. The department shall make a determination on each application for assistance under this section within a reasonable time after its receipt by the department.".

AB1-ASA1-AA1,129,24 178. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,130,1 " Section 257p. 84.30 (10m) of the statutes is amended to read:

AB1-ASA1-AA1,130,9 84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. The rule shall specify that no permit fee may be charged for an off-premises advertising sign that is owned by a nonprofit organization. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code.".

AB1-ASA1-AA1,130,10 179. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,130,11 " Section 257r. 84.04 (4) of the statutes is created to read:

AB1-ASA1-AA1,130,18 84.04 (4) Notwithstanding sub. (2), after the effective date of this subsection .... [revisor inserts date], the department may not construct any rest area along or in close proximity with a state trunk highway at a location that is within a radius of 5 miles from an exit from the highway that provides access to motorist services described under s. 86.195 (3). This subsection does not apply to any rest area that is located no more than 5 miles from the border of this state or to any rest area that may be located near the village of Belmont in Lafayette County.".

AB1-ASA1-AA1,130,19 180. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,130,20 " Section 257dg. 81.15 of the statutes is amended to read:

AB1-ASA1-AA1,131,18 81.15 Damages caused by highway defects accumulation of snow or ice; liability of city, village, town, and county. If damages happen to any person or his or her property by reason of the insufficiency or want of repairs of any highway which any town, city or village is bound to keep in repair, the person sustaining the damages has a right to recover the damages from the town, city or village. If the damages happen by reason of the insufficiency or want of repairs of a highway which any county by law or by agreement with any town, city or village is bound to keep in repair, or which occupies any land owned and controlled by the county, the county is liable for the damages and the claim for damages shall be against the county. If the damages happen by reason of the insufficiency or want of repairs of a bridge erected or maintained at the expense of 2 or more towns the action shall be brought against all the towns liable for the repairs of the bridge and upon recovery of judgment the damages and costs shall be paid by the towns in the proportion in which they are liable for the repairs; and the court may direct the judgment to be collected from each town for its proportion only. The amount recoverable by any person for any damages so sustained shall not exceed $50,000. The procedures under s. 893.80 shall apply to the commencement of actions brought under this section. No action may be maintained against a city, village, town, or county to recover damages for injuries sustained by reason of an accumulation of snow or ice upon any bridge or highway, unless the accumulation existed for 3 weeks. Any action to recover damages for injuries sustained by reason of an accumulation of snow or ice that has existed for 3 weeks or more upon any bridge or highway is subject to s. 893.80.

AB1-ASA1-AA1, s. 257dm Section 257dm. 81.17 of the statutes is repealed.".

AB1-ASA1-AA1,131,20 181. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,131,21 " Section 258m. 84.09 (9) of the statutes is created to read:

AB1-ASA1-AA1,131,23 84.09 (9) Subsections (5), (5m), and (6) do not apply to state property that is directed to be sold under 2001 Wisconsin Act .... (this act), section 9107 (1b).".

AB1-ASA1-AA1,131,24 182. Page 153, line 25: after that line insert:

AB1-ASA1-AA1,132,2 " Section 257c. 81.01 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,132,7 81.01 (3) (b) (intro.) 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 limit set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:".

AB1-ASA1-AA1,132,8 183. Page 154, line 4: after that line insert:

AB1-ASA1-AA1,132,9 " Section 259m. 93.01 (1m) of the statutes is amended to read:

AB1-ASA1-AA1,132,18 93.01 (1m) "Business" includes any business, except that of banks, savings banks, credit unions, savings and loan associations , and insurance companies. "Business" includes public utilities and telecommunications carriers to the extent that their activities, beyond registration, notice, and reporting activities, are not regulated by the public service commission and includes public utility and telecommunications carrier methods of competition or trade and advertising practices that are exempt from regulation by the public service commission under s. 196.195, 196.196, 196.202, 196.203, 196.219, or 196.499 or by other action of the commission.".