102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations therein.
SECTION 92. 103.001 (6) of the statutes is amended to read:
103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.
SECTION 93. 111.70 (1) (j) of the statutes is amended to read:
111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family long-term care district, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.
SECTION 94. 632.745 (6) (a) 2m. of the statutes is amended to read:
632.745 (6) (a) 2m. A family long-term care district under s. 46.2895.
SECTION 95. 985.01 (1g) of the statutes is amended to read:
985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a family long-term care district board under s. 46.2895.
SECTION 96. 985.01 (3) of the statutes is amended to read:
985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a family long-term care district under s. 46.2895.
SECTION 9421. Effective dates; Health and Family Services.
(1) LONG-TERM CARE DISTRICTS. The treatment of section 40.02 (28) (by SECTION 13) of the statutes takes effect on January 1, 2010.
(End)
LRB-1528LRB-1528/1
RCT:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0367 - Transfer from petroleum inspection fund
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Other environment
This bill transfers $4,000,000 in fiscal year 2007-08 from the petroleum inspection fund to the general fund.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9208. Fiscal changes; Commerce.
(1) PETROLEUM INSPECTION FUND TRANSFER. There is transferred from the petroleum inspection fund to the general fund $4,000,000 in fiscal year 2007-08.
(End)
LRB-1529LRB-1529/1
CTS:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0380 - Raise limit on entrepeneurial and technology transfer grants
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Currently, under the Technology Commercialization Grant and Loan Program, the Department of Commerce awards entrepreneurial and technology transfer center grants to eligible recipients. Under current law, the Department of Commerce may not award more than $500,000 in such grants in any fiscal year. This bill increases the limit to $600,000 in a fiscal year.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 560.275 (4) (e) of the statutes is amended to read:
560.275 (4) (e) Entrepreneurial and technology transfer grants. The total amount of grants under sub. (2) (e) may not exceed $500,000 $600,000 in any fiscal year.
(End)
LRB-1530LRB-1530/8
JK:jld&wj:jf
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0352 - Oil company assessment
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
This bill imposes an assessment on a motor vehicle fuel supplier at the rate of 2.5 percent of the supplier's gross receipts from the first sale of motor vehicle fuel in this state. The supplier may take no action to increase or influence the selling price of motor vehicle fuel in order to recover the amount of the assessment. For the purpose of determining the amount of the assessment, income derived from the first sale in this state of biodiesel fuel or ethanol blended with gasoline to create gasoline consisting of at least 85 percent ethanol is not included in the supplier's gross receipts. The revenue collected from the assessment is deposited into the transportation fund.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 25.40 (1) (bd) of the statutes is created to read:
25.40 (1) (bd) Oil company assessments under subch. XIV of ch. 77.
SECTION 2. Chapter 77 (title) of the statutes is amended to read:
CHAPTER 77
TAXATION OF FOREST CROPLANDS;
REAL ESTATE TRANSFER FEES;
SALES AND USE TAXES; COUNTY
AND SPECIAL DISTRICT SALES
AND USE TAXES; MANAGED FOREST
LAND; TEMPORARY RECYCLING
SURCHARGE; LOCAL FOOD AND
BEVERAGE TAX; LOCAL RENTAL
CAR TAX; PREMIER RESORT AREA
TAXES; STATE RENTAL VEHICLE FEE;
DRY CLEANING FEES; REGIONAL
TRANSIT AUTHORITY FEE;
oil company assessment
SECTION 3. Subchapter XIV of chapter 77 [precedes 77.998] of the statutes is created to read:
CHAPTER 77
SUBCHAPTER XIV
OIL COMPANY ASSESSMENT
77.998 Definitions. In this subchapter:
(1) "Biodiesel fuel" means biodiesel fuel, as defined in s. 168.14 (2m) (a), that is not blended with any petroleum product.
(2) "Department" means the department of revenue.
(3) "Motor vehicle fuel" has the meaning given in s. 78.005 (13).
(4) "Related party" means a person whose relationship with the supplier is described under section 267 (b) of the Internal Revenue Code.
(5) "Supplier" has the meaning given in s. 78.005 (14).
(6) "Terminal operator" has the meaning given in s. 78.005 (16).
77.9981 Imposition. (1) For the privilege of doing business in this state, there is imposed an assessment on each supplier at the rate of 2.5 percent of the supplier's gross receipts in each calendar quarter that are derived from the first sale in this state of motor vehicle fuel received by the supplier for sale in this state, for sale for export to this state, or for export to this state.
(2) Any person, including a terminal operator, who is not a licensee under s. 78.09 and who either used any motor vehicle fuel in this state or has possession of any motor vehicle fuel, other than that contained in a motor vehicle's fuel tank, for which the assessment under this subchapter has not been paid or for which no supplier has incurred liability for paying the assessment, shall file a report, in the manner described by the department, and pay the assessment based on the purchase price of the motor vehicle fuel.
77.9982 Administration. (1) The department shall administer the assessment under this subchapter and may take any action, conduct any proceeding, and impose interest and penalties.
(2) The assessments imposed under this subchapter for each calendar quarter are due and payable on the last day of the month next succeeding the calendar quarter for which the assessments are imposed, as provided by the department by rule.
(3) For purposes of determining the amount of the assessment imposed under this subchapter, income derived from the first sale in this state of biodiesel fuel or of ethanol blended with gasoline to create gasoline consisting of at least 85 percent ethanol is not included in the supplier's gross receipts. For purposes of determining the amount of the assessment imposed under this subchapter, with regard to a transfer of motor vehicle fuel from a supplier to a related party, the point of first sale in this state is the date of such transfer, and the gross receipts are calculated on a monthly basis using an index determined by rule by the department. For purposes of this subchapter, there is only one point of first sale in this state with regard to the sale of the same motor vehicle fuel.
(4) No supplier who is subject to the assessment imposed under this subchapter shall take any action to increase or influence the selling price of motor vehicle fuel in order to recover the amount of the assessment. A supplier who takes any action to increase or influence the selling price of motor vehicle fuel to recover the amount of the assessment is subject to a penalty equal to the amount of the gain the supplier received from any increase in the selling price that is implemented in order to recover the assessment amount or imprisonment of not more than 6 months, or both.
(5) At the secretary of revenue's request, the attorney general may represent this state, or assist a district attorney, in prosecuting any case arising under this subchapter.
(6) In addition to any other audits the department conducts to administer and enforce this subchapter, the department may audit any supplier who is subject to the assessment imposed under this subchapter to determine whether the supplier has taken any action to increase or influence the selling price of motor vehicle fuel in order to recover the amount of the assessment. Annually, the department shall submit a report to the governor and the legislature, as provided under s. 13.172 (2), that contains information on all audits conducted under this subsection in the previous year.
(7) (a) Sections 71.74 (1) to (3), (5), (7), and (9) to (15), 71.75 (1), (2), (6), (7), and (9), 71.77 (1) and (4) to (8), 71.78 (1) to (4) and (5) to (8), 71.80 (1) (a) and (b), (4) to (6), (8) to (12), (14), (17), and (18), 71.82 (1) and (2) (a) and (b), 71.83 (1) (a) 1. and 2. and (b) 1., 2., and 6., (2) (a) 1. to 3. and (b) 1. to 3., and (3), 71.87, 71.88, 71.89, 71.90, 71.91 (1) (a), (2), (3), and (4) to (7), 71.92, and 71.93 as they apply to the taxes under ch. 71 apply to the assessment under this subchapter.
(b) Section 78.01 (2) (a) and (b), and (2m) (a) and (b), as it applies to the tax imposed under s. 78.01 (1), applies to the assessment imposed under this subchapter.
(8) The department shall deposit all revenue collected under this subchapter into the transportation fund.
SECTION 9141. Nonstatutory provisions; Revenue.
(1) EMERGENCY RULES CONCERNING OIL COMPANY ASSESSMENT. The department of revenue may promulgate emergency rules under section 227.24 of the statutes implementing subchapter XIV of chapter 77 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of revenue is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
SECTION 9341. Initial applicability; Revenue.
(1) OIL COMPANY ASSESSMENT. The treatment of section 25.40 (1) (bd), subchapter XIV of chapter 77, and chapter 77 (title) of the statutes first applies to the sales of motor vehicle fuel on the first day of the 2nd calendar quarter beginning after the effective date of this subsection.
(End)
LRB-1534LRB-1534/2
RPN:lmk:rs
2007 - 2008 LEGISLATURE
DOA:......Palchik, BB0381 - Transfer of money to the vets trust fund
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
veterans and military affairs
This bill allows DVA to transfer up to $7,000,000 during the 2007-09 biennium from the DVA appropriation for institutional operations to the veterans trust fund if there is money in that appropriation in excess of that needed to care for members of the veterans homes.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 45.03 (20) of the statutes is amended to read:
45.03 (20) TRANSFER OF FUNDS TO THE VETERANS TRUST FUND. If the balance in the appropriation account under s. 20.485 (1) (gk) is in excess of the amount needed for the care of the members of the Wisconsin veterans homes under s. 45.50 and the payment of stipends under s. 45.50 (9) during fiscal year 2006-07 2007-08 or 2008-09, the department may transfer the excess moneys to the veterans trust fund. The total amount transferred under this subsection may not exceed $16,000,000 $7,000,000.
