Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1, s. 233g Section 233g. 77.523 of the statutes is created to read:

AB1-ASA1-CA1,223,7 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-CA1, s. 233h Section 233h. 77.525 of the statutes is amended to read:

AB1-ASA1-CA1,223,16 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-CA1, s. 233j Section 233j. 77.54 (46m) of the statutes is created to read:

AB1-ASA1-CA1,223,23 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-CA1, s. 233k Section 233k. 77.72 (3) (b) of the statutes is amended to read:

AB1-ASA1-CA1,224,7 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-CA1,224,8 306. Page 139, line 17: delete lines 17 to 19.

AB1-ASA1-CA1,224,10 307. Page 140, line 1: delete "; and $58,145,700 in 2003" and substitute "; and $58,145,700 in 2003".

AB1-ASA1-CA1,224,12 308. Page 140, line 6: delete lines 6 and 7 and substitute "$999,709,900 in 2004 and in each year thereafter.".

AB1-ASA1-CA1,224,13 309. Page 140, line 8: delete lines 8 to 12.

AB1-ASA1-CA1,224,14 310. Page 140, line 17: on lines 17, 20 and 25, after "79.035," insert "79.036,".

AB1-ASA1-CA1,224,15 311. Page 141, line 9: on lines 9 and 13, delete "2002" and substitute "2003".

AB1-ASA1-CA1,224,19 312. Page141, line 24: delete lines 24 and 25 and substitute "20.855 (4) (rb) in 2002 is $11,110,000 in 2002; and $11,221,100 in 2003 and in each year thereafter and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100.".

AB1-ASA1-CA1,224,23 313. Page 142, line 14: delete lines 14 to 21 and substitute "counties. In 2003 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 $776,783,700 to municipalities and $172,378,300 to counties.".

AB1-ASA1-CA1,225,1 314. Page 142, line 23: delete "2003" and substitute "2004".

AB1-ASA1-CA1,225,3 315. Page 143, line 1: delete the material beginning with that line and ending with page 144, line 12, and substitute:

AB1-ASA1-CA1,225,7 "79.035 County and municipal aid. (1) Subject to reductions under s. 79.036 (3), in 2004 and subsequent years, each county and municipality shall receive a payment from the county and municipal aid account in an amount determined under sub. (2).

AB1-ASA1-CA1,225,11 (2) (a) 1. For the distribution in 2004, each county and municipality will receive a payment that is equal to the amount of the payments the county or municipality received in 2003 under ss. 79.03, 79.04, 79.05, 79.058, and 79.06, less the amount of the reduction under subd. 2.

AB1-ASA1-CA1,225,18 2. The department of revenue shall reduce the amount of the payments to be distributed to each county and municipality, as determined under subd. 1., by subtracting from such payments an amount based on the county's or municipality's population, as determined by the department, so that the total amount of the reduction to all such payments in 2004 is $40,000,000, except that the reduction applied to any county's or municipality's payment shall not exceed the amount of the payments specified under subd. 1. distributed to the county or municipality in 2003.

AB1-ASA1-CA1,225,22 (b) For the distribution in 2005 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under par. (a) in 2004 prior to the reductions under s. 79.036.

AB1-ASA1-CA1, s. 244f Section 244f. 79.036 of the statutes is created to read:

AB1-ASA1-CA1,226,6 79.036 Consolidation incentive payment. (1) (a) In 2004 and subsequent years, counties and municipalities that agree to consolidate county or municipal services may receive payments under sub. (2), if such counties and municipalities submit a copy of the consolidation agreement to the department of revenue no later than September 1 of the year preceding the effective date of the consolidation and the department approves the payment.

AB1-ASA1-CA1,226,9 (b) A consolidation agreement submitted under par. (a) shall include an estimate of the savings to each county or municipality that is subject to the agreement that will result from the consolidation of services.

AB1-ASA1-CA1,226,13 (c) No later than September 15 of each year, the department of revenue shall review any agreement submitted under par. (a) and determine whether each county or municipality that is subject to the agreement will receive a payment under sub. (2).

AB1-ASA1-CA1,226,16 (d) The department of revenue shall consider a consolidation ordinance under s. 66.0229 to be an agreement to consolidate municipal services for purposes of this subsection.

AB1-ASA1-CA1,226,23 (2) (a) Subject to review and approval under sub. (1) (c) and the limitations provided under this subsection, each county and municipality that is eligible for a payment under this section shall receive one payment in the first year of the consolidation specified in the agreement submitted under sub. (1) (a) that is equal to 75% the estimated savings to each such county or municipality that result from the consolidation. No county or municipality may receive more than one payment under this section related to the same consolidation agreement.

AB1-ASA1-CA1,227,5 (b) The total amount of all payments under par. (a) distributed in each year may not exceed $45,000,000. If in any year the department of revenue calculates that the total amount of all payments under par. (a) exceeds $45,000,000, each county and municipality that is eligible to receive a payment under par. (a) shall receive a payment that is reduced in proportion to the county's or municipality's share of the total payments under par. (a) so that the total amount of all such payments is no more than $45,000,000.

AB1-ASA1-CA1,227,10 (3) Beginning with distributions in 2004, the payments under s. 79.035 to be distributed to each county and municipality shall be reduced in proportion to the county's or municipality's share of all payments under s. 79.035 in each year so that the total amount of all payments under s. 79.035 is reduced by the total amount to be distributed under sub. (2) in that year.".

AB1-ASA1-CA1,227,11 316. Page 144, line 15: delete "2002" and substitute " 2003".

AB1-ASA1-CA1,227,12 317. Page 145, line 1: delete "2002" and substitute " 2003".

AB1-ASA1-CA1,227,14 318. Page 146, line 8: on lines 8 and 16, delete "except for the distribution" and substitute "ending with the distributions".

AB1-ASA1-CA1,227,16 319. Page 146, line 9: delete "sub. (1) subs. (1), (6), and (7)" and substitute "sub. (1)".

AB1-ASA1-CA1,227,18 320. Page 146, line 10: on lines 10 and 18, delete "from the public utility account".

AB1-ASA1-CA1,227,20 321. Page 146, line 17: delete "sub. (2) subs. (2), (6), and (7)" and substitute "sub. (2)".

AB1-ASA1-CA1,227,21 322. Page 147, line 1: delete "2003" and substitute "2004".

AB1-ASA1-CA1,227,23 323. Page 147, line 3: delete the material beginning with that line and ending with page 153, line 2.

AB1-ASA1-CA1,228,1 324. Page 153, line 4: on lines 4 and 10, delete "2002" and substitute "2003".

AB1-ASA1-CA1,228,2 325. Page 153, line 7: delete "2003" and substitute "2004".

AB1-ASA1-CA1,228,3 326. Page 153, line 18: delete lines 18 and 19 and substitute:

AB1-ASA1-CA1,228,5 " Section 254bm. 79.058 (3) (e) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,228,6 79.058 (3) (e) In 2003 and subsequent years, $21,181,100.".

AB1-ASA1-CA1,228,7 327. Page 153, line 21: delete "2003" and substitute "2004".

AB1-ASA1-CA1,228,8 328. Page 153, line 22: after that line insert:

AB1-ASA1-CA1,228,9 " Section 256b. 79.06 (1) (b) of the statutes is amended to read:

AB1-ASA1-CA1,228,19 79.06 (1) (b) If Ending with the distributions in 2003, if the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter are less than 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.

AB1-ASA1-CA1, s. 256d Section 256d. 79.06 (1) (c) of the statutes is amended to read:

AB1-ASA1-CA1,228,24 79.06 (1) (c) A Ending with the distributions in 2003, a municipality or county that has an aids deficiency shall receive a payment from the amounts withheld under sub. (2) equal to its proportion of all the aids deficiencies of municipalities or counties respectively for that year.

AB1-ASA1-CA1, s. 256e Section 256e. 79.06 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,229,10 79.06 (2) (b) If Ending with the distributions in 2003, if the payments to a municipality or county, except any county in which there are no cities or villages, or any county created in the year 1846 or 1847, with a population in the year 1990 greater than 16,000 but less than 17,000, as determined by the 1990 federal decennial census, in any year exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).".

AB1-ASA1-CA1,229,11 329. Page 153, line 24: delete "2003" and substitute "2004".

AB1-ASA1-CA1,229,12 330. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,229,13 " Section 257p. 84.30 (10m) of the statutes is amended to read:

AB1-ASA1-CA1,229,21 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-CA1,229,22 331. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,229,23 " Section 257m. 84.185 (3m) of the statutes is created to read:

AB1-ASA1-CA1,230,5 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-CA1,230,6 332. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,230,8 " Section 258m. 85.12 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,230,11 85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.".

AB1-ASA1-CA1,230,12 333. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,230,13 " Section 258r. 84.02 (15) of the statutes is created to read:

AB1-ASA1-CA1,230,15 84.02 (15) Traffic control signal emergency preemption devices. (a) In this subsection:

AB1-ASA1-CA1,230,19 1. "Additional cost" means the difference in cost between installation of a traffic control signal that is equipped with an emergency preemption device and confirmation signal and installation of a traffic control signal that is not so equipped, and includes the difference in incidental costs such as electrical wiring.

AB1-ASA1-CA1,230,21 2. "Authorized emergency vehicle" has the meaning given in s. 340.01 (3) (a), (c), (g), or (i).

AB1-ASA1-CA1,231,2 3. "Confirmation signal" means a white signal, located on or near a traffic control signal equipped with an emergency preemption device, that is designed to be visible to the operator of an approaching authorized emergency vehicle and that confirms to the operator that the emergency preemption device has received a transmission from the operator.

AB1-ASA1-CA1,231,7 4. "Emergency preemption device" means an electrical device, located on or within a traffic control signal, that is designed to receive an electronic, radio, or sonic transmission from an approaching authorized emergency vehicle that alters the normal sequence of the traffic control signal to provide or maintain a green signal for the authorized emergency vehicle to proceed through the intersection.

AB1-ASA1-CA1,231,8 5. "Political subdivision" means a county, city, village, or town.

AB1-ASA1-CA1,231,11 6. "Traffic control signal" means any electrical device by which traffic is alternately directed to stop and permitted to proceed by means of exhibiting different colored lights successively.

AB1-ASA1-CA1,231,14 (b) Before the department installs a new traffic control signal on a state trunk highway within the corporate limits of any political subdivision, the department shall do all of the following:

AB1-ASA1-CA1,231,16 1. Notify the political subdivision of the planned traffic control signal installation.

AB1-ASA1-CA1,231,18 2. Notify the political subdivision of the additional cost of equipping the traffic control signal with an emergency preemption device and confirmation signal.

AB1-ASA1-CA1,231,21 3. Provide the political subdivision with the opportunity to request that the traffic control signal be equipped with an emergency preemption device and confirmation signal.

AB1-ASA1-CA1,232,2 (c) If any political subdivision requests under par. (b) 3. that the department equip the traffic control signal with an emergency preemption device and confirmation signal, and one or more political subdivisions contributes a total of 50% of the additional cost specified under par. (b) 2., the department shall equip the traffic control signal with an emergency preemption device and confirmation signal when the department installs the traffic control signal.

AB1-ASA1-CA1,232,11 (d) Notwithstanding pars. (b) and (c), this subsection does not prohibit the department from installing on any state trunk highway, at the department's expense, any traffic control signal equipped with an emergency preemption device and confirmation signal. The department may install a new traffic control signal equipped with an emergency preemption device and confirmation signal under this paragraph without providing notice and an opportunity to respond under par. (b) to any political subdivision. The department shall install a confirmation signal with every new emergency preemption device installed by the department under this paragraph.

AB1-ASA1-CA1,232,16 (e) Any new traffic control signal installed by the department after the effective date of this paragraph .... [revisor inserts date], that is not equipped with an emergency preemption device shall include all electrical wiring necessary to equip the traffic control signal with an emergency preemption device and confirmation signal.

AB1-ASA1-CA1,232,20 (f) The department shall promulgate rules to implement and administer this subsection. The rules shall include procedures and deadlines for the department's notification of political subdivisions, and for political subdivisions' requests and contributions to the department, under this subsection.

AB1-ASA1-CA1, s. 258x Section 258x. 85.07 (7) (c) of the statutes is created to read:

AB1-ASA1-CA1,232,25 85.07 (7) (c) Notwithstanding par. (b), the department shall, in each fiscal year, expend federal funds available under 23 USC 152 for hazard elimination projects that reduce the response time of emergency vehicles regardless of reduction in motor vehicle accidents.".

AB1-ASA1-CA1,233,1 334. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,233,2 " Section 258m. 84.09 (9) of the statutes is created to read:

AB1-ASA1-CA1,233,4 84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is directed to be sold under 2001 Wisconsin Act .... (this act), section 9107 (1b).".

AB1-ASA1-CA1,233,5 335. Page 153, line 25: after that line insert:

AB1-ASA1-CA1,233,7 " Section 258ps. 84.013 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,233,10 84.013 (2) (a) Subject to s. ss. 84.555 and 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) (uum).

AB1-ASA1-CA1,233,13 (b) Except as provided in ss. 84.014 and, 84.03 (3), and 84.555, and 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).

AB1-ASA1-CA1, s. 258pt Section 258pt. 84.014 (2) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,233,21 84.014 (2) Notwithstanding s. 84.013 and subject Subject to s. ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under s. ss. 20.395 (3) (cr), (cw), and (cy) and 20.866 (2) (uum).