(c) The secretary of state is the agent in this state for the service of process of any direct marketer who has not appointed and engaged an agent as provided under par. (a), except that the secretary of state acting as the direct marketer's agent for the service of process does not satisfy the requirements imposed by par. (a).
SECTION 80. 139.81 (1) of the statutes is amended to read:
139.81 (1) No person may sell or take orders for tobacco products for resale or solicit sales of tobacco products in this state for any manufacturer or permittee unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products or solicit sales of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. No person may authorize the sale of tobacco products or the solicitation of sales of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. Each application for a salesperson's permit shall disclose the name and address of the employer or the person for whom the salesperson is selling or soliciting and shall remain effective only while the salesperson represents the named employer or person. If the salesperson is thereafter employed by another manufacturer or permittee person the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee The employer of any such salesperson shall notify the department within 10 days after the resignation or dismissal of any the salesperson holding a permit.
SECTION 81. 139.81 (2) of the statutes is amended to read:
139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.
SECTION 82. 139.86 of the statutes is amended to read:
139.86 Prosecutions by attorney general. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this subchapter. The attorney general may take any action necessary to enforce s. 139.795.
SECTION 83. 139.87 of the statutes is created to read:
139.87 Lists. The department shall compile and maintain a list of direct marketers who have complied with the requirements of s. 139.795. The department shall provide copies of the list to the attorney general and to each person who delivers tobacco products to consumers in this state that are sold by direct marketing under s. 139.795.
SECTION 9343. Initial applicability; Revenue.
(1) DIRECT MARKETING OF CIGARETTES AND TOBACCO PRODUCTS. The treatment of sections 77.61 (11), 100.20 (1n), 100.30 (2) (c) 1. b. and (L) (intro.) and 2., 134.65 (1), (1n), (1r), (1s), and (2) (a), 134.66 (2) (d) and (3m), 139.30 (4n), (7), and (8s), 139.32 (4), 139.321 (1) (intro.) and (a) 1., 139.34 (1) (a), (b), (c) (intro.), 1., 1m., 2., 3., 3m., 4., 4m., 5., 6., and 7., and (cm), (1s), (4), (6), and (8), 139.345 (1) (a), (b), and (d), (3) (intro.) and (a) (intro.) and 2., (7), (8), (9), (10), (11), and (12), 139.37 (1) (a), 139.40 (1) and (2), 139.44 (1m), (2), (3), (4), (5), (6), (6m), (7), and (13), 139.46, 139.75 (2), (3g), (3r), (4) (a), (c), and (cm), (4n), (5s), (7), and (8), 139.76 (3), 139.78 (1m), 139.79 (title), (1), and (2), 139.795, 139.81 (1) and (2), 139.86, and 139.87 of the statutes, the renumbering and amendment of section 134.65 (5) of the statutes, and the creation of section 134.65 (5) (b) of the statutes first apply to sales of cigarettes and tobacco products made on the effective date of this subsection.
(End)
LRB-1230LRB-1230/P6
JK:jld/bjk/wlj:md
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0302 - Expand tribal tax refund and sharing agreements
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, DOR may enter into agreements with American Indian tribes or bands located in this state to refund, generally, the cigarette and tobacco product taxes imposed on sales of cigarettes and tobacco products sold on land that was designated a reservation or trust land on or before January 1, 1983. Under this bill, DOR may provide tax refunds for cigarettes and tobacco products sold on land designated a reservation or trust land on or before January 1, 1983, or on a later date determined by an agreement between DOR and the tribal council.
This bill also allows DOR to enter into agreements with American Indian tribes or bands located in this state to collect, remit, and provide refunds of income, withholding, sales and use, motor vehicle fuel, and beverage taxes related to activities occurring on tribal lands or undertaken by tribal members outside of tribal lands.
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. 73.03 (65) of the statutes is created to read:
73.03 (65) (a) To enter into agreements with federally recognized American Indian tribes or bands in this state to collect, remit, and provide refunds of the following taxes for activities that occur on tribal lands or are undertaken by tribal members outside of tribal lands:
1. Income taxes imposed under subch. I of ch. 71.
2. Withholding taxes imposed under subch. X of ch. 71.
3. Sales and use taxes under subch. III of ch. 77.
4. Motor vehicle fuel taxes imposed under subch. I of ch. 78.
5. Beverage taxes imposed under subch. I of ch. 139.
(b) For purposes of this subsection, all tax and financial information disclosed during negotiations, or exchanged pursuant to a final agreement, between the department and a federally recognized American Indian tribe or band in this state is subject to the confidentiality provisions under ss. 71.78 and 77.61 (5).
(c) The department shall submit a copy of each agreement negotiated under this subsection to the joint committee on finance no later than 30 days after the agreement is signed by the department and the tribe or band.
****NOTE: This is reconciled s. 73.03 (64). This SECTION has been affected by drafts with the following LRB numbers: -1230/P5 and -0360/P2.
SECTION 2. 77.53 (16m) of the statutes is created to read:
77.53 (16m) If the purchase, rental, or lease of tangible personal property or service subject to the tax imposed by this section occurred on tribal lands and was subject to a sales tax by a federally recognized American Indian tribe or band in this state, the amount of sales tax paid to the tribe or band shall be applied as a credit against and deducted from the tax, to the extent thereof, imposed by this section. In this subsection "sales tax" includes a use or excise tax imposed on the use of tangible personal property or taxable service by the tribe or band.
SECTION 3. 77.54 (9a) (ed) of the statutes is created to read:
77.54 (9a) (ed) Any federally recognized American Indian tribe or band in this state.
SECTION 4. 139.323 (3) of the statutes is amended to read:
139.323 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.
SECTION 5. 139.803 (3) of the statutes is amended to read:
139.803 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.
SECTION 9443. Effective dates; Revenue.
(1) SALES TAX EXEMPTION FOR AMERICAN INDIAN TRIBES OR BANDS. The treatment of section 77.54 (9a) (ed) of the statutes takes effect on the first day of the 2nd month beginning after publication.
(End)
LRB-1232LRB-1232/2
RLR:cjs&nwn:md
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0272 - MA administration appropriation
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
This bill appropriates certain program revenues for administrative costs for MA.
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. 20.435 (4) (jw) of the statutes is amended to read:
20.435 (4) (jw) BadgerCare Plus administrative costs. Biennially, the amounts in the schedule All moneys received from payment of enrollment fees under the program under s. 49.45 (23), all moneys transferred from the appropriation account under par. (jz), and 10 percent of all moneys received from penalty assessments under s. 49.471 (9) (c), for administration of the program under s. 49.45 (23) and to provide a portion of the state share of administrative costs for the BadgerCare Plus Medical Assistance program under s. 49.471. Ten percent of all moneys received from penalty assessments under s. 49.471 (9) (c) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (4) (jw). This SECTION has been affected by drafts with the following LRB numbers: -0368/3 and -1232/1.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (4) (jz) of the statutes is amended to read:
20.435 (4) (jz) Medical Assistance and Badger Care cost sharing and employer penalty assessments. All moneys received in cost sharing from medical assistance recipients, including payments under s. 49.665 (5), all moneys received from penalty assessments under s. 49.665 (7) (b) 2., and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c) to be used for the Badger Care health care program under s. 49.665 and for the Medical Assistance program under subch. IV of ch. 49, and to transfer any amount credited to this appropriation account in excess of $27,785,500 in a fiscal year to the appropriation account under par. (jw).
(End)
LRB-1237LRB-1237/3
MES:jld&wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0279 - Index for inflation the household income limit of the homestead tax credit
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: indexing for inflation household income under the homestead tax credit.
Analysis by the Legislative Reference Bureau
Taxation
Income taxation
Under current law, for claims filed in 2001 and thereafter, the homestead tax credit threshold income is $8,000, the maximum property taxes, or rent constituting property taxes, that a claimant may use in calculating his or her credit are $1,450, and the maximum household income is $24,500. Under the current law formula, as a claimant's income exceeds $8,000, the credit is phased out until the credit equals zero when income exceeds $24,500. Also under the formula, if the household income is $8,000 or less, the credit is 80 percent of the property taxes accrued or rent constituting property taxes accrued. Using the formula, the credit that may be claimed ranges from $10 to $1,160.
Under this bill, for claims filed in 2011 and thereafter, the maximum household income is indexed for inflation. Also under the bill, as a claimant's income exceeds the threshold income amount, the credit is phased out until the credit equals zero when income exceeds the maximum income as adjusted for inflation.
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. 71.54 (2m) of the statutes is created to read:
71.54 (2m) INDEXING FOR INFLATION; 2010 AND THEREAFTER. (a) For calendar years beginning after December 31, 2009, the dollar amount for the maximum household income under sub. (1) (f) 3. shall be increased each year by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August 2008, as determined by the federal department of labor, except that the adjustment may occur only if the percentage is a positive number. The amount that is revised under this paragraph shall be rounded to the nearest multiple of $10 if the revised amount is not a multiple of $10 or, if the revised amount is a multiple of $5, such an amount shall be increased to the next higher multiple of $10. The department of revenue shall annually adjust the changes in dollar amounts required under this paragraph and incorporate the changes into the income tax forms and instructions.
(b) The department of revenue shall annually adjust the slope under sub. (1) (f) 2. such that, as a claimant's income increases from the threshold income under sub. (1) (f) 1. and 2., to an amount that exceeds the maximum household income as calculated under par. (a), the credit that may be claimed is reduced to $0 and the department of revenue shall incorporate the changes into the income tax forms and instructions.
(End)
LRB-1239LRB-1239/2
MES&JK:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0295 - Interest on unpaid income and franchise tax doesn't apply during an extention period due to federally-declared disaster
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: interest waivers for disasters and allowing certain casualty losses under the itemized deductions credit.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
Under current law, any extension of time to file a federal individual income or corporate income or franchise tax return granted under federal law or by the Internal Revenue Service automatically extends the time to file the corresponding Wisconsin individual income or corporate income or franchise tax return. If the federal extension is granted due to a presidentially declared disaster or terroristic or military action, however, Wisconsin taxpayers are charged interest at the rate of 12 percent per year during extension period.
Under this bill, interest on unpaid individual income or corporate income or franchise tax, or interest that would otherwise be due for an underpayment of estimated taxes, does not apply if the taxpayer is allowed an extension due to a presidentially declared disaster or terroristic or military action. The bill also allows, for good cause, an extension of time to deposit withholding tax. In addition, the bill exempts from interest a late payment of withholding tax from a pass-through entity if the taxpayer is allowed an extension due to a presidentially declared disaster or terroristic or military action.
Under current law, the itemized deductions credit is calculated as 5 percent of the difference between the sum of certain amounts that are allowed as itemized deductions under the Internal Revenue Code and the standard deduction. Some amounts that are allowed as itemized deductions under the Internal Revenue Code, such as casualty and theft deductions and miscellaneous deductions, are not allowed in the calculation of the itemized deductions credit. Under this bill, a casualty loss that is directly related to a presidentially declared disaster may be used in the computation of the itemized deductions credit.
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:
