Amendment MR8 SA1-AB1

AB1-SA1, s. 9no Section 9no. 77.54 (14s) of the statutes is repealed.

AB1-SA1, s. 9np Section 9np. 77.54 (15) of the statutes is amended to read:

AB1-SA1,113,5 77.54 (15) The gross receipts sales price from the sale of and the storage, use or other consumption of all newspapers, of periodicals sold by subscription and regularly issued at average intervals not exceeding 3 months, or issued at average intervals not exceeding 6 months by an educational association or corporation sales to which are exempt under sub. (9a) (f), of controlled circulation publications sold to commercial publishers for distribution without charge or mainly without charge or regularly distributed by or on behalf of publishers without charge or mainly without charge to the recipient and of shoppers guides which distribute no less than 48 issues in a 12-month period. In this subsection, "shoppers guide" means a community publication delivered, or attempted to be delivered, to most of the households in its coverage area without a required subscription fee, which advertises a broad range of products and services offered by several types of businesses and individuals. In this subsection, "controlled circulation publication" means a publication that has at least 24 pages, is issued at regular intervals not exceeding 3 months, that devotes not more than 75% of its pages to advertising and that is not conducted as an auxiliary to, and essentially for the advancement of, the main business or calling of the person that owns and controls it.

AB1-SA1, s. 9nq Section 9nq. 77.54 (16) of the statutes is amended to read:

AB1-SA1,113,10 77.54 (16) The gross receipts sales price from the sale of and the storage, use or other consumption of fire trucks and fire fighting equipment, including accessories, attachments, parts and supplies therefor, sold to volunteer fire departments.

AB1-SA1, s. 9nr Section 9nr. 77.54 (17) of the statutes is amended to read:

AB1-SA1,113,14 77.54 (17) The gross receipts sales price from the sales of and the storage, use or other consumption of water, that is not food and food ingredient, when delivered through mains.

AB1-SA1, s. 9ns Section 9ns. 77.54 (18) of the statutes is amended to read:

AB1-SA1,113,25 77.54 (18) When the sale, lease or rental of a service or property, including items and property under s. 77.52 (1) (b) and (c), that was previously exempt or not taxable under this subchapter becomes taxable, and the service or property is furnished under a written contract by which the seller is unconditionally obligated to provide the service or property for the amount fixed under the contract, the seller is exempt from sales or use tax on the gross receipts sales price for services or property provided until the contract is terminated, extended, renewed or modified. However, from the time the service or property becomes taxable until the contract is terminated, extended, renewed or modified the user is subject to use tax, measured by the sales purchase price, on the service or property purchased under the contract.

AB1-SA1, s. 9nt Section 9nt. 77.54 (20) of the statutes is repealed.

AB1-SA1, s. 9nv Section 9nv. 77.54 (20m) of the statutes is repealed.

AB1-SA1, s. 9nw Section 9nw. 77.54 (20n) of the statutes is created to read:

AB1-SA1,114,6 77.54 (20n) (a) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except candy, soft drinks, dietary supplements, and prepared food.

AB1-SA1,114,15 (b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, community-based residential facilities, as defined in s. 50.01 (1g), or day care centers registered under ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.

AB1-SA1,114,19 (c) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, furnished in accordance with any contract or agreement or paid for to such institution through the use of an account of such institution, by a public or private institution of higher education to any of the following:

AB1-SA1,114,23 1. An undergraduate student, a graduate student, or a student enrolled in a professional school if the student is enrolled for credit at the public or private institution of higher education and if the food and food ingredients are consumed by the student.

AB1-SA1,114,24 2. A national football league team.

AB1-SA1, s. 9ob Section 9ob. 77.54 (20r) of the statutes is created to read:

AB1-SA1,115,5 77.54 (20r) The sales price from the sales of and the storage, use, or other consumption of candy, soft drinks, dietary supplements, and prepared foods, and disposable products that are transferred with such items, furnished for no consideration by a restaurant to the restaurant's employee during the employee's work hours.

AB1-SA1, s. 9oc Section 9oc. 77.54 (21) of the statutes is amended to read:

AB1-SA1,115,8 77.54 (21) The gross receipts sales price from the sales of and the storage, use or other consumption of caskets and burial vaults for human remains.

AB1-SA1, s. 9od Section 9od. 77.54 (22) of the statutes is repealed.

AB1-SA1, s. 9oe Section 9oe. 77.54 (22b) of the statutes is created to read:

AB1-SA1,115,14 77.54 (22b) The sales price from the sale of and the storage, use, or other consumption of durable medical equipment that is for use in a person's home, mobility-enhancing equipment, and prosthetic devices, and accessories for such equipment or devices, if the equipment or devices are used for a human being.

AB1-SA1, s. 9of Section 9of. 77.54 (23m) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB1-SA1,115,21 77.54 (23m) The gross receipts sales price from the sale, license, lease or rental of or the storage, use or other consumption of motion picture film or tape, and motion pictures or radio or television programs for listening, viewing, or broadcast, and advertising materials related thereto, sold, licensed, leased or rented to a motion picture theater or radio or television station.

AB1-SA1, s. 9og Section 9og. 77.54 (25) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB1-SA1,116,4 77.54 (25) The gross receipts sales price from the sale of and the storage of printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside the state by the purchaser for use thereafter solely outside the state. This subsection does not apply to catalogs and the envelopes in which the catalogs are mailed.

AB1-SA1, s. 9oh Section 9oh. 77.54 (25m) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB1-SA1,116,10 77.54 (25m) The gross receipts sales price from the sale of and the storage, use, or other consumption of catalogs, and the envelopes in which the catalogs are mailed, that are designed to advertise and promote the sale of merchandise or to advertise the services of individual business firms.

AB1-SA1, s. 9oi Section 9oi. 77.54 (26) of the statutes, as affected by 2007 Wisconsin Act 19, is amended to read:

AB1-SA1,117,3 77.54 (26) The gross receipts sales price from the sales of and the storage, use, or other consumption of tangible personal property and property under s. 77.52 (1) (b) and (c) which becomes a component part of an industrial waste treatment facility that is exempt under s. 70.11 (21) or that would be exempt under s. 70.11 (21) if the property were taxable under ch. 70, or tangible personal property and property under s. 77.52 (1) (b) and (c) which becomes a component part of a waste treatment facility of this state or any agency thereof, or any political subdivision of the state or agency thereof as provided in s. 40.02 (28). The exemption includes replacement parts therefor, and also applies to chemicals and supplies used or consumed in operating a waste treatment facility and to purchases of tangible personal property and property under s. 77.52 (1) (b) and (c) made by construction contractors who transfer such property to their customers in fulfillment of a real property construction activity. This exemption does not apply to tangible personal property and property under s. 77.52 (1) (b) and (c) installed in fulfillment of a written construction contract entered into, or a formal written bid made, prior to July 31, 1975.

AB1-SA1, s. 9oj Section 9oj. 77.54 (26m) of the statutes is amended to read:

AB1-SA1,117,16 77.54 (26m) The gross receipts sales price from the sale of and the storage, use or other consumption of waste reduction or recycling machinery and equipment, including parts therefor, exclusively and directly used for waste reduction or recycling activities which reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste. The exemption applies even though an economically useful end product results from the use of the machinery and equipment. For the purposes of this subsection, "solid waste" means garbage, refuse, sludge or other materials or articles, whether these materials or articles are discarded or purchased, including solid, semisolid, liquid or contained gaseous materials or articles resulting from industrial, commercial, mining or agricultural operations or from domestic use or from public service activities.

AB1-SA1, s. 9ok Section 9ok. 77.54 (27) of the statutes is amended to read:

AB1-SA1,117,19 77.54 (27) The gross receipts sales price from the sale of semen used for artificial insemination of livestock.

AB1-SA1, s. 9oL Section 9oL. 77.54 (28) of the statutes is amended to read:

AB1-SA1,117,24 77.54 (28) The gross receipts sales price from the sale of and the storage, use or other consumption to or by the ultimate consumer of apparatus or equipment for the injection of insulin or the treatment of diabetes and supplies used to determine blood sugar level.

AB1-SA1, s. 9om Section 9om. 77.54 (29) of the statutes is amended to read:

AB1-SA1,118,2 77.54 (29) The gross receipts sales price from the sales of and the storage, use or other consumption of equipment used in the production of maple syrup.

AB1-SA1, s. 9on Section 9on. 77.54 (30) (a) (intro.) of the statutes is amended to read:

AB1-SA1,118,4 77.54 (30) (a) (intro.) The gross receipts sales price from the sale of:

AB1-SA1, s. 9oo Section 9oo. 77.54 (30) (c) of the statutes is amended to read:

AB1-SA1,118,10 77.54 (30) (c) If fuel or electricity is sold partly for a use exempt under this subsection and partly for a use which is not exempt under this subsection, no tax shall be collected on that percentage of the gross receipts sales price equal to the percentage of the fuel or electricity which is used for an exempt use, as specified in an exemption certificate provided by the purchaser to the seller.

AB1-SA1, s. 9op Section 9op. 77.54 (31) of the statutes, as affected by 2007 Wisconsin Act 11, is amended to read:

AB1-SA1,118,16 77.54 (31) The gross receipts sales price from the sale of and the storage, use or other consumption in this state, but not the lease or rental, of used mobile homes, as defined in s. 101.91 (10), and used manufactured homes, as defined in s. 101.91 (12).

AB1-SA1, s. 9oq Section 9oq. 77.54 (32) of the statutes is amended to read:

AB1-SA1,118,21 77.54 (32) The gross receipts sales price from charges, including charges for a search, imposed by an authority, as defined in s. 19.32 (1), for copies of a public record that a person may examine and use under s. 16.61 (12) or for copies of a record under s. 19.35 (1).

AB1-SA1, s. 9or Section 9or. 77.54 (33) of the statutes is amended to read:

AB1-SA1,118,25 77.54 (33) The gross receipts sales price from sales of and the storage, use or other consumption of medicines drugs used on farm livestock, not including workstock.

AB1-SA1, s. 9os Section 9os. 77.54 (35) of the statutes is amended to read:

AB1-SA1,119,5 77.54 (35) The gross receipts sales price from the sales of tangible personal property, items or property under s. 77.52 (1) (b) or (c), tickets or admissions by any baseball team affiliated with the Wisconsin Department of American Legion baseball.

AB1-SA1, s. 9ot Section 9ot. 77.54 (36) of the statutes, as affected by 2007 Wisconsin Act 11, is amended to read:

AB1-SA1,119,12 77.54 (36) The gross receipts sales price from the rental for a continuous period of one month or more of a mobile home, as defined in s. 101.91 (10), or a manufactured home, as defined in s. 101.91 (2), that is used as a residence. In this subsection, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

AB1-SA1, s. 9ov Section 9ov. 77.54 (37) of the statutes is amended to read:

AB1-SA1,119,17 77.54 (37) The gross receipts sales price from revenues collected under s. 146.70 (3) and the surcharge established by rule by the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 6.

AB1-SA1, s. 9ow Section 9ow. 77.54 (38) of the statutes is amended to read:

AB1-SA1,119,24 77.54 (38) The gross receipts sales price from the sale of and the storage, use or other consumption of snowmobile trail groomers and attachments for them that are purchased, stored, used or consumed by a snowmobile club that meets at least 3 times a year, that has at least 10 members, that promotes snowmobiling and that participates in the department of natural resources' snowmobile program under s. 350.12 (4) (b).

AB1-SA1, s. 9pb Section 9pb. 77.54 (39) of the statutes is amended to read:

AB1-SA1,120,7 77.54 (39) The gross receipts sales price from the sale of and the storage, use or other consumption of off-highway, heavy mechanical equipment such as feller bunchers, slashers, delimbers, chippers, hydraulic loaders, loaders, skidder-forwarders, skidders, timber wagons and tractors used exclusively and directly in the harvesting or processing of raw timber products in the field by a person in the logging business. In this subsection, "heavy mechanical equipment" does not include hand tools such as axes, chains, chain saws and wedges.

AB1-SA1, s. 9pc Section 9pc. 77.54 (40) of the statutes is repealed.

AB1-SA1, s. 9pd Section 9pd. 77.54 (41) of the statutes is amended to read:

AB1-SA1,120,14 77.54 (41) The gross receipts sales price from the sale of building materials, supplies and equipment to; and the storage, use or other consumption of those kinds of property by; owners, contractors, subcontractors or builders if that property is acquired solely for or used solely in, the construction, renovation or development of property that would be exempt under s. 70.11 (36).

AB1-SA1, s. 9pe Section 9pe. 77.54 (42) of the statutes is amended to read:

AB1-SA1,120,18 77.54 (42) The gross receipts sales price from the sale of and the storage, use or other consumption of animal identification tags provided under s. 93.06 (1h) and standard samples provided under s. 93.06 (1s).

AB1-SA1, s. 9pf Section 9pf. 77.54 (43) of the statutes is amended to read:

AB1-SA1,120,23 77.54 (43) The gross receipts sales price from the sale of and the storage, use or other consumption of raw materials used for the processing, fabricating or manufacturing of, or the attaching to or incorporating into, printed materials that are transported and used solely outside this state.

AB1-SA1, s. 9pg Section 9pg. 77.54 (44) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

AB1-SA1,121,2 77.54 (44) The gross receipts sales price from the collection of low-income assistance fees that are charged under s. 16.957 (4) (a) or (5) (a).

AB1-SA1, s. 9ph Section 9ph. 77.54 (45) of the statutes is amended to read:

AB1-SA1,121,11 77.54 (45) The gross receipts sales price from the sale of and the use or other consumption of a onetime license or similar right to purchase admission to professional football games at a football stadium, as defined in s. 229.821 (6), that is granted by a municipality; a local professional football stadium district; or a professional football team or related party, as defined in s. 229.821 (12); if the person who buys the license or right is entitled, at the time the license or right is transferred to the person, to purchase admission to at least 3 professional football games in this state during one football season.

AB1-SA1, s. 9pi Section 9pi. 77.54 (46) of the statutes is amended to read:

AB1-SA1,121,15 77.54 (46) The gross receipts sales price from the sale of and the storage, use, or other consumption of the U.S. flag or the state flag. This subsection does not apply to a representation of the U.S. flag or the state flag.

AB1-SA1, s. 9pj Section 9pj. 77.54 (46m) of the statutes is amended to read:

AB1-SA1,121,22 77.54 (46m) The gross receipts sales price 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-SA1, s. 9pk Section 9pk. 77.54 (47) (intro.) of the statutes is amended to read:

AB1-SA1,121,25 77.54 (47) (intro.) The gross receipts sales price from the sale of and the storage, use, or other consumption of all of the following:

AB1-SA1, s. 9pL Section 9pL. 77.54 (47) (b) 1. of the statutes is amended to read:

AB1-SA1,122,3 77.54 (47) (b) 1. The shooting facility is required to pay the tax imposed under s. 77.52 on its gross receipts the sales price from charges for shooting at the facility.

AB1-SA1, s. 9pm Section 9pm. 77.54 (47) (b) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB1-SA1,122,10 77.54 (47) (b) 2. The shooting facility is a nonprofit organization that charges for shooting at the facility, but is not required to pay the tax imposed under s. 77.52 on its gross receipts sales price from such charges because the charges are for occasional sales, as provided under sub. (7m), or because the charges satisfy the exemption under s. 77.52 (2) (a) 2. b.

AB1-SA1, s. 9pn Section 9pn. 77.54 (48) (a) of the statutes, as created by 2005 Wisconsin Act 479, is renumbered 77.585 (9) (a) and amended to read:

AB1-SA1,122,21 77.585 (9) (a) Subject to 2005 Wisconsin Act 479, section 17, the gross receipts from the sale of and the storage, use, or other consumption a purchaser may claim as a deduction that portion of its purchase price of Internet equipment used in the broadband market for which the tax was imposed under this subchapter, if the purchaser certifies to the department of commerce, in the manner prescribed by the department of commerce, that the purchaser will, within 24 months after July 1, 2007, make an investment that is reasonably calculated to increase broadband Internet availability in this state. The purchaser shall claim the deduction in the same reporting period as the purchaser paid the tax imposed under this subchapter.

AB1-SA1, s. 9po Section 9po. 77.54 (48) (b) of the statutes, as created by 2005 Wisconsin Act 479, is renumbered 77.585 (9) (b).

AB1-SA1, s. 9pq Section 9pq. 77.54 (49) of the statutes is amended to read:

AB1-SA1,123,14 77.54 (49) The gross receipts sales price from the sale of and the storage, use, or other consumption of taxable services and tangible personal property , or items or property under s. 77.52 (1) (b) or (c), that is physically transferred to the purchaser as a necessary part of services that are subject to the taxes imposed under s. 77.52 (2) (a) 7., 10., 11., and 20., if the seller and the purchaser of such services and property or item are members of the same affiliated group under section 1504 of the Internal Revenue Code and are eligible to file a single consolidated return for federal income tax purposes. For purposes of this subsection, if a seller purchases a taxable service, item or property under s. 77.52 (1) (b) or (c), or tangible personal property, as described in the subsection, that is subsequently sold to a member of the seller's affiliated group and the sale is exempt under this subsection from the taxes imposed under this subchapter, the original purchase of the taxable service , item or property under s. 77.52 (1) (b) or (c), or tangible personal property by the seller is not considered a sale for resale or exempt under this subsection.

AB1-SA1, s. 9pr Section 9pr. 77.54 (51) of the statutes is created to read:

AB1-SA1,123,20 77.54 (51) The sales price from the sales of and the storage, use, or other consumption of products sold in a transaction that would be a bundled transaction, except that it contains taxable and nontaxable products as described in s. 77.51 (1f) (d), and except that the first person combining the products shall pay the tax imposed under this subchapter on the person's purchase price of the taxable items.

AB1-SA1, s. 9ps Section 9ps. 77.54 (52) of the statutes is created to read: