AB100: Bill Text

AB100, s. 1477 Section 1477. 77.51 (1b) of the statutes is created to read:

AB100,761,10 77.51 (1b) "Alcohol beverage" means a beverage that is suitable for human consumption and that contains 0.5 percent or more of alcohol by volume.

AB100, s. 1478 Section 1478. 77.51 (1bk) of the statutes is created to read:

AB100,761,16 77.51 (1bk) "Audio works" means works that result from the fixation of a series of musical, spoken, or other sounds, including prerecorded or live music, prerecorded or live readings of books or other written materials, prerecorded or live speeches, and digitized sound files that are downloaded to a telephone handset. "Audio works" does not include broadcast radio services or sounds accompanying an audiovisual work.

AB100, s. 1479 Section 1479. 77.51 (1bm) of the statutes is created to read:

AB100,761,21 77.51 (1bm) "Audiovisual works" means a series of related images that, when shown in succession, impart an impression of motion, together with sound, including motion pictures, musical videos, and live events. "Audiovisual works" does not include broadcast television services or cable television system services.

AB100, s. 1480 Section 1480. 77.51 (1e) of the statutes is created to read:

AB100,762,2 77.51 (1e) "Candy" means a preparation of sugar, honey, or other natural or artificial sweetener combined with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. "Candy" does not include a preparation that contains flour or that requires refrigeration.

AB100, s. 1481 Section 1481. 77.51 (1n) of the statutes is created to read:

AB100,762,6 77.51 (1n) "Computer" means an electronic device that accepts information in digital or similar form and that manipulates such information to achieve a result based on a sequence of instructions.

AB100, s. 1482 Section 1482. 77.51 (1p) of the statutes is created to read:

AB100,762,9 77.51 (1p) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.

AB100, s. 1483 Section 1483. 77.51 (2k) of the statutes is created to read:

AB100,762,12 77.51 (2k) "Delivered electronically" means delivered to a purchaser by means other than by tangible storage media.

AB100, s. 1484 Section 1484. 77.51 (2m) of the statutes is created to read:

AB100,762,17 77.51 (2m) "Delivery charges" means charges by a seller to prepare and deliver tangible personal property or services to a location designated by the purchaser of the tangible personal property or services, including charges for transportation, shipping, postage, handling, crating, and packing.

AB100, s. 1485 Section 1485. 77.51 (3p) of the statutes is created to read:

AB100,762,20 77.51 (3p) "Dietary supplement" means a product, other than tobacco, that is intended to supplement a person's diet, if all of the following apply:

AB100,762,22 (a) The product contains any of the following ingredients or any combination of any of the following ingredients:

AB100,762,23 1. A vitamin.

AB100,762,24 2. A mineral.

AB100,762,25 3. An herb or other botanical.

AB100,763,1 4. An amino acid.

AB100,763,3 5. A dietary substance that is intended for human consumption to supplement the diet by increasing total dietary intake.

AB100,763,4 6. A concentrate, metabolite, constituent, or extract.

AB100,763,8 (b) The product is intended for ingestion in tablet, capsule, powder, soft-gel, gel-cap, or liquid form, or, if not intended for ingestion in such forms, is not represented as conventional food and is not represented for use as the sole item of a meal or diet.

AB100,763,10 (c) The product is required to be labeled as a dietary supplement as required under 21 CFR 101.36.

AB100, s. 1486 Section 1486. 77.51 (3pd) of the statutes is created to read:

AB100,763,20 77.51 (3pd) "Direct mail" means printed material that is delivered by the U.S. postal service or other delivery service to a mass audience or to addressees on a mailing list provided by or at the direction of the purchaser of the printed material, if the cost of the printed material or any tangible personal property included with the printed material is not billed directly to the recipients of the printed material. "Direct mail" includes any tangible personal property provided directly or indirectly by the purchaser of the printed material to the seller of the printed material for inclusion in any package containing printed material. "Direct mail" does not include multiple items of printed material delivered to a single address.

AB100, s. 1487 Section 1487. 77.51 (3pj) of the statutes is created to read:

AB100,763,24 77.51 (3pj) "Drug" means a compound, substance, or preparation, or any component of them, other than food and food ingredients, dietary supplements, or alcoholic beverages, to which any of the following applies:

AB100,764,3 (a) It is listed in the United States Pharmacopoeia, Homeopathic Pharmacopoeia of the United States, or National Formulary, or any supplement to any of them.

AB100,764,5 (b) It is intended for use in diagnosing, curing, mitigating, treating, or preventing a disease.

AB100,764,6 (c) It is intended to affect a function or structure of the body.

AB100, s. 1488 Section 1488. 77.51 (3pm) of the statutes is created to read:

AB100,764,13 77.51 (3pm) "Durable medical equipment" means equipment, including the repair parts and replacement parts for the equipment that is primarily and customarily used for a medical purpose related to a person; that can withstand repeated use; that is not generally useful to a person who is not ill or injured; and that is not placed in or worn on the body. "Durable medical equipment" does not include mobility-enhancing equipment.

AB100, s. 1489 Section 1489. 77.51 (3pp) of the statutes is created to read:

AB100,764,16 77.51 (3pp) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

AB100, s. 1490 Section 1490. 77.51 (3s) of the statutes is created to read:

AB100,764,21 77.51 (3s) "Finished artwork" means the final art used for actual reproduction by photomechanical or other processes or for display purposes. "Finished artwork" also includes all of the following items regardless of whether such items are reproduced:

AB100,764,22 (a) Drawings.

AB100,764,23 (b) Paintings.

AB100,764,24 (c) Designs.

AB100,764,25 (d) Photographs.

AB100,765,1 (e) Lettering.

AB100,765,2 (f) Paste-ups.

AB100,765,3 (g) Mechanicals.

AB100,765,4 (h) Assemblies.

AB100,765,5 (i) Charts.

AB100,765,6 (j) Graphs.

AB100,765,7 (k) Illustrative materials.

AB100, s. 1491 Section 1491. 77.51 (3t) of the statutes is created to read:

AB100,765,12 77.51 (3t) "Food and food ingredient" means a substance in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion, or for chewing, by humans and that is ingested or chewed for its taste or nutritional value. "Food and food ingredient" does not include alcohol beverages or tobacco.

AB100, s. 1492 Section 1492. 77.51 (4) of the statutes is repealed.

AB100, s. 1493 Section 1493. 77.51 (5) of the statutes is amended to read:

AB100,765,22 77.51 (5) For purposes of subs. (13) (e) and (f) and (14) (L) (15a) and s. 77.52 (2m), "incidental" means depending upon or appertaining to something else as primary; something necessary, appertaining to, or depending upon another which is termed the principal; something incidental to the main purpose of the service. Tangible personal property transferred by a service provider is incidental to the service if the purchaser's main purpose or objective is to obtain the service rather than the property, even though the property may be necessary or essential to providing the service.

AB100, s. 1494 Section 1494. 77.51 (7) of the statutes is repealed and recreated to read:

AB100,766,3 77.51 (7) (a) "Lease or rental" means any transfer of possession or control of tangible personal property for a fixed or indeterminate term and for consideration and includes:

AB100,766,4 1. A transfer that includes future options to purchase or extend.

AB100,766,8 2. Agreements related to the transfer of possession or control of motor vehicles or trailers, if the amount of any consideration may be increased or decreased by reference to the amount realized on the sale or other disposition of such motor vehicles or trailers, consistent with section 7701 (h) (1) of the Internal Revenue Code.

AB100,766,9 (b) "Lease or rental" does not include any of the following:

AB100,766,13 1. A transfer of possession or control of tangible personal property under a security agreement or deferred payment plan, if such agreement or plan requires transferring title to the tangible personal property after making all required payments.

AB100,766,17 2. A transfer of possession or control of tangible personal property under any agreement that requires transferring title to the tangible personal property after making all required payments and after paying an option price that does not exceed the greater of $100 or 1 percent of the total amount of the required payments.

AB100,766,21 3. Providing tangible personal property along with an operator, if the operator is necessary for the tangible personal property to perform in the manner for which it is designed and if the operator does more than maintain, inspect, or set up the tangible personal property.

AB100,766,25 (c) 1. Transfers described under par. (a) are considered a lease or rental, regardless of whether such transfer is considered a lease or rental under generally accepted accounting principles, or any provision of federal or local law, or any other provision of state law.

AB100,767,4 2. Transfers described under par. (b) are not considered a lease or rental, regardless of whether such transfer is considered a lease or rental under generally accepted accounting principles, or any provision of federal or local law, or any other provision of state law.

AB100, s. 1495 Section 1495. 77.51 (7d) of the statutes is created to read:

AB100,767,8 77.51 (7d) "Literary works" means works, not including audiovisual works, audio works, and computer software that are expressed in words, numbers, or other verbal or numerical symbols or indicia, including books and periodicals.

AB100, s. 1496 Section 1496. 77.51 (7m) of the statutes is created to read:

AB100,767,16 77.51 (7m) "Mobility-enhancing equipment" means equipment, including the repair parts and replacement parts for the equipment, that is primarily and customarily used to provide or increase the ability of a person to move from one place to another; that may be used in a home or motor vehicle; and that is generally not used by a person who has normal mobility. "Mobility-enhancing equipment" does not include a motor vehicle or any equipment on a motor vehicle that is generally provided by a motor vehicle manufacturer.

AB100, s. 1497 Section 1497. 77.51 (10m) of the statutes is created to read:

AB100,767,18 77.51 (10m) (a) "Prepared food" means:

AB100,767,19 1. Food and food ingredients sold in a heated state.

AB100,767,21 2. Food and food ingredients heated by the retailer, except as provided in par. (b).

AB100,767,25 3. Food and food ingredients sold with eating utensils that are provided by the retailer of the food and food ingredients, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. In this subdivision, "plate" does not include a container or packaging used to transport food and food ingredients.

AB100,768,2 4. Except as provided in par. (b), 2 or more food ingredients mixed or combined by a retailer for sale as a single item.

AB100,768,3 (b) "Prepared food" under par. (a) 2. and 4. does not include:

AB100,768,8 1. Two or more food ingredients mixed or combined by a retailer for sale as a single item, if the retailer's primary classification in the 1997 North American Industry Classification System, published by the federal office of management and budget, is manufacturing under sectors 31 to 33, not including bakeries and tortilla manufacturing under industry group number 3118.

AB100,768,10 2. Two or more food ingredients mixed or combined by a retailer for sale as a single item, sold unheated, and sold by volume or weight.

AB100,768,13 3. Bakery items made by a retailer, including breads, rolls, pastries, buns, biscuits, bagels, croissants, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, and tortillas.

AB100,768,15 4. Food and food ingredients that are only sliced, repackaged, or pasteurized by a retailer.

AB100,768,19 5. Eggs, fish, meat, and poultry, and foods containing any of them in raw form, that require cooking by the consumer, as recommended by the food and drug administration in chapter 3, part 401.11 of its food code to prevent food-borne illnesses.

AB100, s. 1498 Section 1498. 77.51 (10n) of the statutes is created to read:

AB100,768,23 77.51 (10n) "Prescription" means an order, formula, or recipe that is issued by any oral, written, electronic, or other means of transmission and by a person who is authorized by the laws of this state to issue such an order, formula, or recipe.

AB100, s. 1499 Section 1499. 77.51 (10r) of the statutes is created to read:

AB100,768,25 77.51 (10r) "Prewritten computer software" means any of the following:

AB100,769,2 (a) Computer software that is not designed and developed by the author or creator of the software according to a specific purchaser's specifications.

AB100,769,4 (b) Computer software upgrades that are not designed and developed by the author or creator of the software according to a specific purchaser's specifications.

AB100,769,7 (c) Computer software that is designed and developed by the author or creator of the software according to a specific purchaser's specifications and that is sold to another purchaser.