SB62: Bill Text

SB62, s. 417 Section 417. 77.54 (5) (intro.) of the statutes is amended to read:

SB62,197,2 77.54 (5) (intro.) The gross receipts sales price from the sale of and the storage, use or other consumption of:

SB62, s. 418 Section 418. 77.54 (6) (intro.) of the statutes is amended to read:

SB62,197,5 77.54 (6) (intro.) The gross receipts sales price from the sale of and the storage, use or other consumption of:

SB62, s. 419 Section 419. 77.54 (7m) of the statutes is amended to read:

SB62,197,22 77.54 (7m) Occasional sales of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), and (d), or services, including admissions or tickets to an event; by a neighborhood association, church, civic group, garden club, social club or similar nonprofit organization; not involving entertainment for which payment in the aggregate exceeds $500 for performing or as reimbursement of expenses unless access to the event may be obtained without payment of a direct or indirect admission fee; conducted by the organization if the organization is not engaged in a trade or business and is not required to have a seller's permit. For purposes of this subsection, an organization is engaged in a trade or business and is required to have a seller's permit if its sales of tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), and services, not including sales of tickets to events, and its events occur on more than 20 days during the year, unless its receipts do not exceed $25,000 during the year. The exemption under this subsection does not apply to gross receipts the sales price from the sale of bingo supplies to players or to the sale, rental or use of regular bingo cards, extra regular cards and special bingo cards.

SB62, s. 420 Section 420. 77.54 (8) of the statutes is amended to read:

SB62,198,3 77.54 (8) Charges for interest, financing or insurance, not including contracts under s. 77.52 (2) (a) 13m., where such charges are separately set forth upon the invoice given by the seller to the purchaser.

SB62, s. 421 Section 421. 77.54 (9) of the statutes is amended to read:

SB62,198,7 77.54 (9) The gross receipts sales price from sales of tickets or admissions to public and private elementary and secondary school activities, where the entire net proceeds therefrom are expended for educational, religious or charitable purposes.

SB62, s. 422 Section 422. 77.54 (9a) (intro.) of the statutes is amended to read:

SB62,198,11 77.54 (9a) (intro.) The gross receipts sales price from sales to, and the storage by, use by or other consumption of tangible personal property, and items, property, and goods under s. 77.52 (1) (b), (c), and (d), and taxable services by:

SB62, s. 423 Section 423. 77.54 (10) of the statutes is amended to read:

SB62,198,16 77.54 (10) The gross receipts sales price from the sale of all admission fees, admission stickers or camping fees under s. 27.01 (7) to (11) and all admission fees to any museum operated by a nonprofit corporation under a lease agreement with the state historical society.

SB62, s. 424 Section 424. 77.54 (11) of the statutes is amended to read:

SB62,198,22 77.54 (11) The gross receipts sales price from the sales of and the storage, use or other consumption in this state of motor vehicle fuel, general aviation fuel or alternate fuel, subject to taxation under ch. 78, unless the motor vehicle fuel or alternate fuel tax is refunded under s. 78.75 because the buyer does not use the fuel in operating a motor vehicle upon the public highways.

SB62, s. 425 Section 425. 77.54 (12) of the statutes is amended to read:

SB62,199,2 77.54 (12) The gross receipts sales price from the sales of and the storage, use or other consumption in this state of rail freight or passenger cars, locomotives or other rolling stock used in railroad operations, or accessories, attachments, parts, lubricants or fuel therefor.

SB62, s. 426 Section 426. 77.54 (13) of the statutes is amended to read:

SB62,199,7 77.54 (13) The gross receipts sales price from the sales of and the storage, use or other consumption in this state of commercial vessels and barges of 50-ton burden or over primarily engaged in interstate or foreign commerce or commercial fishing, and the accessories, attachments, parts and fuel therefor.

SB62, s. 427 Section 427. 77.54 (14) (intro.) of the statutes is amended to read:

SB62,199,11 77.54 (14) (intro.) The gross receipts sales price from the sales of and the storage, use, or other consumption in this state of medicines drugs that are any of the following:

SB62, s. 428 Section 428. 77.54 (14) (a) of the statutes is amended to read:

SB62,199,15 77.54 (14) (a) Prescribed for the treatment of a human being by a person authorized to prescribe the medicines drugs, and dispensed on prescription filled by a registered pharmacist in accordance with law.

SB62, s. 429 Section 429. 77.54 (14) (b) of the statutes is amended to read:

SB62,199,18 77.54 (14) (b) Furnished by a licensed physician, surgeon, podiatrist, or dentist to a patient who is a human being for treatment of the patient.

SB62, s. 430 Section 430. 77.54 (14) (f) (intro.) of the statutes is amended to read:

SB62,199,21 77.54 (14) (f) (intro.) Furnished without charge to any of the following if the medicine drug may not be dispensed without a prescription:

SB62, s. 431 Section 431. 77.54 (14g) of the statutes is repealed.

SB62, s. 432 Section 432. 77.54 (14s) of the statutes is repealed.

SB62, s. 433 Section 433. 77.54 (15) of the statutes is amended to read:

SB62,200,17 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.

SB62, s. 434 Section 434. 77.54 (16) of the statutes is amended to read:

SB62,200,22 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.

SB62, s. 435 Section 435. 77.54 (17) of the statutes is amended to read:

SB62,201,3 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.

SB62, s. 436 Section 436. 77.54 (18) of the statutes is amended to read:

SB62,201,15 77.54 (18) When the sale, license, lease, or rental of a service or property, including items, property, and goods under s. 77.52 (1) (b), (c), and (d), 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.

SB62, s. 437 Section 437. 77.54 (20) of the statutes is repealed.

SB62, s. 438 Section 438. 77.54 (20m) of the statutes is repealed.

SB62, s. 439 Section 439. 77.54 (20n) of the statutes is created to read:

SB62,201,21 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.

SB62,202,5 (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.

SB62,202,9 (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:

SB62,202,13 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.

SB62,202,14 2. A national football league team.

SB62, s. 440 Section 440. 77.54 (20r) of the statutes is created to read:

SB62,202,20 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.

SB62, s. 441 Section 441. 77.54 (21) of the statutes is amended to read:

SB62,202,23 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.

SB62, s. 442 Section 442. 77.54 (22) of the statutes is repealed.

SB62, s. 443 Section 443. 77.54 (22b) of the statutes is created to read:

SB62,203,4 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.

SB62, s. 444 Section 444. 77.54 (23m) of the statutes is amended to read:

SB62,203,10 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.

SB62, s. 445 Section 445. 77.54 (25) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB62,203,18 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.

SB62, s. 446 Section 446. 77.54 (25m) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

SB62,203,24 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.

SB62, s. 447 Section 447. 77.54 (26) of the statutes is amended to read:

SB62,204,16 77.54 (26) The gross receipts sales price from the sales of and the storage, use, or other consumption of tangible personal property and items 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 items 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 items 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 items 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.

SB62, s. 448 Section 448. 77.54 (26m) of the statutes is amended to read:

SB62,205,4 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.

SB62, s. 449 Section 449. 77.54 (27) of the statutes is amended to read:

SB62,205,7 77.54 (27) The gross receipts sales price from the sale of semen used for artificial insemination of livestock.

SB62, s. 450 Section 450. 77.54 (28) of the statutes is amended to read:

SB62,205,12 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.

SB62, s. 451 Section 451. 77.54 (29) of the statutes is amended to read:

SB62,205,15 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.

SB62, s. 452 Section 452. 77.54 (30) (a) (intro.) of the statutes is amended to read:

SB62,205,17 77.54 (30) (a) (intro.) The gross receipts sales price from the sale of:

SB62, s. 453 Section 453. 77.54 (30) (c) of the statutes is amended to read:

SB62,205,23 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.

SB62, s. 454 Section 454. 77.54 (31) of the statutes is amended to read:

SB62,206,4 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).

SB62, s. 455 Section 455. 77.54 (32) of the statutes is amended to read:

SB62,206,9 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).

SB62, s. 456 Section 456. 77.54 (33) of the statutes is amended to read:

SB62,206,13 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.

SB62, s. 457 Section 457. 77.54 (35) of the statutes is amended to read:

SB62,206,18 77.54 (35) The gross receipts sales price from the sales of tangible personal property, or items, property, or goods under s. 77.52 (1) (b), (c), or (d), tickets, or admissions by any baseball team affiliated with the Wisconsin Department of American Legion baseball.

SB62, s. 458 Section 458. 77.54 (36) of the statutes is amended to read:

SB62,206,24 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.

SB62, s. 459 Section 459. 77.54 (37) of the statutes is amended to read:

SB62,207,4 77.54 (37) The gross receipts sales price from revenues collected under s. 256.35 (3) and the surcharge established by rule by the public service commission under s. 256.35 (3m) (f) for customers of wireless providers, as defined in s. 256.35 (3m) (a) 6.

SB62, s. 460 Section 460. 77.54 (38) of the statutes is amended to read:

SB62,207,11 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).

SB62, s. 461 Section 461. 77.54 (39) of the statutes is amended to read:

SB62,207,19 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.