SB558, s. 34
15Section
34. 66.0719 (2) of the statutes is amended to read:
SB558,15,216
66.0719
(2) If a special assessment is levied for any public improvement, any
17amount collected on that special assessment or received from the county shall be
18deposited in the general fund of the local governmental unit if the payment for the
19improvement was made out of its general fund, deposited in the funds and accounts
20of a public utility established under s. 66.0621
(2) (4) (c) if the improvement was paid
21out of the proceeds of revenue obligations of the local governmental unit
, or deposited
22in the debt service fund required for the payment of bonds or notes issued under ch.
2367 if the improvement was paid out of the proceeds of the bonds or notes. That special
1assessment, when delinquent, shall be returned in trust for collection and the local
2governmental unit has the same rights as provided in s.
66.0713 (3) 67.16 (2) (c).
Note: Corrects cross-references.
1999 Wis. Act 150 renumbered s. 66.066 (2) (c)
to s. 66.0621 (4) (c), but the cross-reference in this provision was not amended correctly.
1999 Wis. Act 150 renumbered s. 66.54 (9) (c) to s. 67.16 (2) (c) but changed the
cross-reference to s. 66.54 (9) (c) in this provision to s. 66.0713 (3) (c).
SB558, s. 35
3Section
35. 66.0821 (4) (a) of the statutes is amended to read:
SB558,15,144
66.0821
(4) (a) The governing body of the municipality may establish sewerage
5service charges in an amount to meet all or part of the requirements for the
6construction, reconstruction, improvement, extension, operation, maintenance,
7repair
, and depreciation of the sewerage system, and for the payment of all or part
8of the principal and interest of any indebtedness incurred for those purposes,
9including the replacement of funds advanced by or paid from the general fund of the
10municipality. Service charges made by a metropolitan sewerage district to any town,
11village
, or city shall be levied by the town, village
, or city against the individual sewer
12system users within the corporate limits of the municipality, and the municipality
13shall collect the charges and promptly remit them to the metropolitan sewerage
14district. Delinquent charges shall be collected in accordance with sub. (4)
(c) (d).
Note: Inserts correct cross-reference.
1999 Wis. Act 150 renumbered both s.
66.076 (5) (b) and (7) to be s. 66.0821 (4) (c).
2001 Wis. Act 30 renumbered s. 66.0821 (4)
(c), as renumbered from s. 66.076 (7), to be s. 66.0821 (4) (d). Prior to
1999 Wis. Act 150,
the cross-reference amended here was to s. 66.076 (7).
SB558, s. 36
15Section
36. 71.05 (6) (a) 10. of the statutes is amended to read:
SB558,16,1716
71.05
(6) (a) 10. For the taxable year, for a person who is not "actively engaged
17in farming
",," as that term is used in
7 CFR 1497.201 1400.201, combined net losses,
18exclusive of net gains from the sale or exchange of capital or business assets and
19exclusive of net profits, from businesses, from rents, from partnerships, from limited
20liability companies, from S corporations, from estates
, or from trusts, under section
1165 of the
internal revenue code Internal Revenue Code, except losses allowable
2under sections
1211 and
1231 of the
internal revenue code Internal Revenue Code,
3otherwise includable in calculating Wisconsin income if those losses are incurred in
4the operation of a farming business, as defined in section
464 (e)
1. of the
internal
5revenue code Internal Revenue Code to the extent that those combined net losses
6exceed $20,000 if nonfarm Wisconsin adjusted gross income exceeds $55,000 but does
7not exceed $75,000, exceed $17,500 if nonfarm Wisconsin adjusted gross income
8exceeds $75,000 but does not exceed $100,000, exceed $15,000 if nonfarm Wisconsin
9adjusted gross income exceeds $100,000 but does not exceed $150,000, exceed
10$12,500 if nonfarm Wisconsin adjusted gross income exceeds $150,000 but does not
11exceed $200,000, exceed $10,000 if nonfarm Wisconsin adjusted gross income
12exceeds $200,000 but does not exceed $250,000, exceed $7,500 if nonfarm Wisconsin
13adjusted gross income exceeds $250,000 but does not exceed $300,000, exceed $5,000
14if nonfarm Wisconsin adjusted gross income exceeds $300,000 but does not exceed
15$600,000
, and exceed $0 if nonfarm adjusted gross income exceeds $600,000, except
16that the amounts applicable to married persons filing separately are 50% of the
17amounts specified in this subdivision.
Note: Inserts the correct cross-reference. The relevant federal regulation was
recodified. Changes capitalization and punctuation consistent with currant style.
SB558, s. 37
18Section
37. 71.10 (7) (c) 1. of the statutes is renumbered 71.10 (7) (c).
Note: Removes unnecessary subdivision number. Section 71.10 (7) (c) is not
subdivided.
SB558, s. 38
19Section
38. 77.52 (13) of the statutes is amended to read:
SB558,17,1020
77.52
(13) For the purpose of the proper administration of this section and to
21prevent evasion of the sales tax it shall be presumed that all receipts are subject to
22the tax until the contrary is established. The burden of proving that a sale of tangible
1personal property or services is not a taxable sale at retail is upon the person who
2makes the sale unless that person takes from the purchaser a certificate to the effect
3that the property or service is purchased for resale or is otherwise exempt; except
4that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold
5at
a livestock an animal market, as defined in s. 95.68 (1)
(e) (ag), and no certificate
6is required for sales of commodities, as defined in
7 USC 2, that are consigned for sale
7in a warehouse in or from which the commodity is deliverable on a contract for future
8delivery subject to the rules of a commodity market regulated by the U.S. commodity
9futures trading commission if upon the sale the commodity is not removed from the
10warehouse.
Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag) and "livestock market"
was changed to "animal market" by
2001 Wis. Act 56.
SB558, s. 39
11Section
39. 77.524 (1) (intro.) of the statutes is amended to read:
SB558,17,1212
77.524
(1) (intro.) In this
subsection
section:
Note: The definitions in this subsection apply to the whole section.
SB558, s. 40
13Section
40. 77.53 (10) of the statutes is amended to read:
SB558,18,414
77.53
(10) For the purpose of the proper administration of this section and to
15prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
16tangible personal property or taxable services sold by any person for delivery in this
17state is sold for storage, use, or other consumption in this state until the contrary is
18established. The burden of proving the contrary is upon the person who makes the
19sale unless that person takes from the purchaser a certificate to the effect that the
20property or taxable service is purchased for resale, or otherwise exempt from the tax;
21except that no certificate is required for sales of cattle, sheep, goats, and pigs that are
22sold at
a livestock an animal market, as defined in s. 95.68 (1)
(e) (ag), and no
23certificate is required for sales of commodities, as defined in
7 USC 2, that are
1consigned for sale in a warehouse in or from which the commodity is deliverable on
2a contract for future delivery subject to the rules of a commodity market regulated
3by the U.S. commodity futures trading commission if upon the sale the commodity
4is not removed from the warehouse.
Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag)) and "livestock
market" was changed to "animal market" by
2001 Wis. Act 56.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
109 renumbered s. 95.22 without taking into account the treatment of that section by
2001 Wis. Act 56. This section restores the numbering by Act 56.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
109 renumbered s. 95.22 without taking into account the treatment of that section by
2001 Wis. Act 56. This section makes the numbering of the subsection created by Act 109
consistent with the numbering by Act 56.
SB558, s. 43
9Section
43. 99.02 (2) (c) of the statutes is amended to read:
SB558,18,1110
99.02
(2) (c) A person who operates a warehouse storing only grain, as defined
11under s.
127.01 (18) 126.01 (13).
Note: Section 127.01 was repealed by
2001 Wis. Act 16. The definition of "grain"
now appears at s. 126.01 (13).
SB558, s. 44
12Section
44. 101.563 (2) (b) 1. of the statutes is amended to read:
SB558,19,1013
101.563
(2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding
14s.
101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department
15shall compile the fire department dues paid by all insurers under s. 601.93 and the
16dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s.
17101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%,
18and certify to the state treasurer the proper amount to be paid from the appropriation
19under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share
1of fire department dues as provided under sub. (1) (b) and s. 101.575. If the
2department has previously certified an amount to the state treasurer under s.
101.57 3101.573 (3) (a) during calendar year 2002, the department shall recertify the amount
4in the manner provided under this subdivision. On or before August 1, 2002, the
5state treasurer shall pay the amounts certified or recertified by the department
6under this subdivision to each city, village, and town entitled to a proportionate share
7of fire department dues as provided under sub. (1) and s. 101.575. The state
8treasurer may combine any payment due under this subdivision with any amount
9due to be paid on or before August 1, 2002, to the same city, village, or town under
10par. (a).
Note: Inserts correct cross-reference, consistent with the remainder of s. 101.563,
as created by
2001 Wis. Act 109.
SB558, s. 45
11Section
45. 101.563 (2) (b) 3. of the statutes is amended to read:
SB558,20,212
101.563
(2) (b) 3.
`Payments to correct errors.' The amounts withheld under
13subds. 1. and 2. shall be disbursed to correct errors of the department or the
14commissioner of insurance. The department shall certify to the state treasurer the
15amount that must be disbursed to correct an error and the state treasurer shall pay
16the amount to the specified city, village, or town. The balance of the amount withheld
17in a calendar year under
subds. subd. 1. or 2., as applicable,
which that is not
18disbursed under this subdivision shall be included in the total compiled by the
19department under subd. 2. for the next calendar year, except that amounts withheld
20under subd. 2. from fire department dues collected for calendar year 2004 that are
21not disbursed under this subdivision shall be included in the total compiled by the
22department under s. 101.573 (3) (a) for the next calendar year. If errors in payments
1exceed the amount withheld, adjustments shall be made in the distribution for the
2next year.
Note: The other subdivisions in s. 101.563 (2) (b) have titles. Corrects
cross-reference. Replaces "which" with "that" to correct grammar.
SB558, s. 46
3Section
46. 101.951 (6) (m) of the statutes is amended to read:
SB558,20,64
101.951
(6) (m) Having sold a retail installment contract to a sales finance
5company, as defined in s.
218.01 (1) (v) 218.0101 (34) (a), that is not licensed under
6s. 218.01 ss. 218.0101 to 218.0163.
Note: Corrects cross-references.
1999 Wis. Act 31 renumbered s. 218.01 to ss.
218.0101 to 218.0163, specifically renumbering s. 218.01 (1) (v) to s. 218.0101 (34) (a).
Note: There is no conflict of substance. As merged by the revisor s. 115.88 (8)
reads:
(8) Enrollment out of state. If a child with a disability is enrolled in a public
special education program located in another state and the state superintendent is
satisfied that the program in which the child is enrolled complies with this subchapter,
the state superintendent shall certify to the department of administration in favor of the
school district in which the child resides or the school district attended by the child under
s. 118.51 or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district
during the preceding year for the additional costs associated with the child's special
education program as costs eligible for reimbursement from the appropriation under s.
20.255 (2) (b).
SB558, s. 48
9Section
48. 121.05 (1) (a) 11. of the statutes is amended to read:
SB558,20,1110
121.05
(1) (a) 11. Pupils residing in the school district but attending a public
11school in another school district under s. 118.51
or, 121.84 (4)
, or 121.85 (3) (a).
Note: Corrects punctuation required by a merger of two 1999 acts by the revisor
under s. 13.93 (2) (c).
SB558, s. 49
12Section
49. 126.62 (2) 1. and 2. of the statutes are renumbered 126.62 (2) (a)
13and (b).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to conform
numbering to current style.
2001 Wis. Act 16 created s. 126.62 (2) 1. and 2. instead of s.
126.62 (2) (a) and (b).
SB558, s. 50
14Section
50. 180.1708 (5) of the statutes is amended to read:
SB558,21,4
1180.1708
(5) Mergers. Sections 180.1101 and 180.1103 to
180.1107 180.1106 2apply to a merger, and ss. 180.1301 to 180.1331 apply to dissenters' rights arising
3from a merger, for which a plan of merger is approved by the board of directors on
4or after January 1, 1991.
SB558, s. 51
5Section
51. 180.1805 (5) of the statutes is amended to read:
SB558,21,86
180.1805
(5) By merger or share exchange that becomes effective under ss.
7180.1101 to
180.1107 180.1106 or a share exchange of existing shares for other shares
8of a different class or series in the corporation.
Note: There is no conflict of substance. As merged by the revisor s. 185.983 (4t)
reads:
(4t) A sickness care plan operated by a cooperative association is subject to ss.
252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855,
632.87 (2m), (3), (4) and (5), 632.895 (10) to (14) and 632.897 (10) and chs. 149 and 155.
Note: There is no conflict of substance. As merged by the revisor s. 185.983 (1)
(intro.) reads:
(1) Every such voluntary nonprofit sickness care plan shall be exempt from chs.
600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43,
601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2),
632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3),
(4) and (5), 632.895 (5) and (9) to (14), 632.896 and 632.897 (10) and chs. 609, 630, 635,
645 and 646, but the sponsoring association shall:
SB558, s. 54
13Section
54. 186.35 (12) (intro.) of the statutes is amended to read:
SB558,21,1614
186.35
(12) Computations. (intro.) Except as provided in sub. (12m), each
15member credit union's fractional share of
liquidating distributions under sub. (11)
16and special assessments under sub. (5) (d) 2. shall be calculated as follows:
SB558, s. 55
1Section
55. 287.11 (4) (a) 4. of the statutes is amended to read:
SB558,22,32
287.11
(4) (a) 4. Specify a procedure to be used by the department to determine
3whether a responsible unit has achieved the goals under
par. (a) subd. 1.
Note: Inserts correct cross-reference. Subdivision 4. refers to goals, which are set
under subd. 1. Paragraph (a) cannot be a proper cross-reference as subd. 4. is part of par.
(a).
SB558, s. 56
4Section
56. 301.03 (19) of the statutes is amended to read:
SB558,22,85
301.03
(19) Work to minimize, to the greatest extent possible, the residential
6population density of sex offenders, as defined in s. 302.116 (1) (b), who are on
7probation, parole, or extended supervision or placed on supervised release under s.
8980.06 (2) (c), 1997 stats., or
s. 980.08 (5).
Note: Corrects citation form.
SB558,22,1211
302.01
(10) The penitentiary at the village of Sturtevant in Racine County is
12named "Racine Correctional Institution."
SB558,22,14
13(10m) The medium security correctional institution near Black River Falls is
14named "Jackson Correctional Institution."
Note: Confirms the numbering of sub. (10m) by the revisor under s. 13.93 (1) (b).
SB558, s. 58
15Section
58. 303.065 (1) (b) 1. of the statutes is amended to read:
SB558,22,2016
303.065
(1) (b) 1. A person serving a life sentence, other than a life sentence
17specified in subd. 2., may be considered for work release only after he or she has
18reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever
19is applicable, or he or she has reached his or her extended supervision eligibility date
20under s. 302.114 (9)
(a) (am) or 973.014 (1g) (a) 1. or 2., whichever is applicable.
Note: Inserts the correct cross-reference.
2001 Wis. Act 109 renumbered s.
302.114 (9) (a) to s. 302.114 (9) (am).
SB558, s. 59
1Section
59. 340.01 (18p) of the statutes is amended to read:
SB558,23,52
340.01
(18p) "Flood damaged vehicle" means any motor vehicle that is not
3precluded from subsequent registration or titling and
which that is damaged by flood
4to the extent that the estimated or actual cost, whichever is greater, of repairing the
5vehicle exceeds 70% of its fair market value.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 60
6Section
60. 340.01 (20m) of the statutes is amended to read:
SB558,23,107
340.01
(20m) "Hail-damaged vehicle" means a vehicle less than 7 years old
8that is not precluded from subsequent registration and titling and
which that is
9damaged solely by hail to the extent that the estimated or actual cost, whichever is
10greater, of repairing the vehicle exceeds 70% of its fair market value.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 61
11Section
61. 340.01 (55g) of the statutes is amended to read:
SB558,23,1712
340.01
(55g) "Salvage vehicle" means a vehicle less than 7 years old that is not
13precluded from subsequent registration and titling and
which that is damaged by
14collision or other occurrence to the extent that the estimated or actual cost,
15whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.
16The term does not include a hail-damaged vehicle unless the vehicle is repaired with
17any replacement part, as defined in s. 632.38 (1) (e).
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 62
18Section
62. 341.26 (3m) of the statutes is amended to read:
SB558,24,1419
341.26
(3m) Forest products vehicles. In recognition of the relationship of
20the basic economy of the state to the forest products industry, there shall be paid to
21the department for the annual registration of a road tractor, motor truck
, or truck
22tractor used exclusively in connection with the transportation of raw forest products,
1as defined in s. 26.05 (1), or equipment that is owned or leased by the owner of the
2road tractor, motor truck
, or truck tractor and used exclusively in the production of
3raw forest products, a fee determined in accordance with sub. (3) (g) on the basis of
4maximum gross weight, except that a trailer used exclusively in connection with the
5transportation of raw forest products or equipment that is owned or leased by the
6owner of the trailer and used exclusively in the production of raw forest products may
7be registered upon payment of a fee
which that is 25% of the fee prescribed by s.
8341.25 (2) for a motor truck having the same gross weight. The maximum gross
9weight of each vehicle registered under this subsection shall be computed in the
10manner specified in s. 341.25 for the same type of vehicle, except that a person who
11owns and operates more truck tractors than semitrailers registered by him or her
12within this state and used exclusively as provided in this subsection may register
13such an excess truck tractor at a fee specified under sub. (3) (g) determined on the
14basis of the weight of the truck tractor only.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 63
15Section
63. 341.266 (2) (a) of the statutes is amended to read:
SB558,24,2216
341.266
(2) (a) Any person who is the owner of a special interest vehicle
which 17that is 20 or more years old at the time of making application for registration or
18transfer of title of the vehicle and who, unless the owner is an historical society that
19is exempt from federal income taxes, owns, has registered in this state
, and uses for
20regular transportation at least one vehicle that has regular registration plates may
21upon application register the vehicle as a special interest vehicle upon payment of
22a fee under par. (b).
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 64
23Section
64. 341.268 (1) (b) 2. of the statutes is amended to read:
SB558,25,3
1341.268
(1) (b) 2. A motorcycle that is a reproduction of a vehicle originally
2made by another manufacturer and
which that consists of a reproduction body that
3is combined with a new, used, or replica frame and drivetrain.