1997 Wisconsin Act 35

35,254 Section 254 . 71.07 (5) (a) 7. of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

71.07 (5) (a) 7. The amount claimed as a deduction for unreimbursed medical care expenses under section 213 (a) of the internal revenue code to the extent that the funds used to pay for the unreimbursed expenses for which the deduction was claimed were withdrawn from an account described under s. 71.05 (6) (b) 22 24.

Note: Section 71.05 (6) (b) 22., as created by 1995 Wis. Act 453, is renumbered to s. 71.05 (6) (b) 24. by this bill.

35,255 Section 255 . 71.54 (1) (c) 1. of the statutes is amended to read:

71.54 (1) (c) 1. If the household income was $8,000 or less in the year to which the claim relates, the claim is limited to 80% of the property taxes accrued or rent constituting property taxes accrued or both in that year on the claimant's household homestead.

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,256 Section 256 . The amendment of 71.54 (2) (a) (intro.) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,257 Section 257 . 72.30 (1) of the statutes is amended to read:

72.30 (1) Filing requirements. If a federal estate tax return is required, the personal representative, special administrator, trustee, distributee or other person interested shall prepare the return for the tax under this chapter, compute the tax due under this chapter and on or before the due date, as extended, of the federal estate tax return file with the department the return for the tax under this chapter, a copy of the federal estate tax return and a copy of all documents submitted with the federal estate tax return.

Note: Corrects error in transcribing 1991 Wis. Act 39.

35,258 Section 258 . 73.03 (2a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

73.03 (2a) To prepare, have published and distribute to each county having a county assessor system under s. 70.99 and to each town, city and village in the state for the use of assessors, assessment personnel and the public detailed assessment manuals, except that if an assessor is hired by more than one county, town, city or village the department shall provide that assessor with only one cost component of the manual rather than providing the cost component of the manual to each county, town, city or village that hires that assessor. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information deemed considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.11 (8) 70.1105 and examples of the ways that s. 70.11 (8) 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1. and guidelines for distinguishing between land and improvements to land. The cost of the development, preparation, publication and distribution of the manual and of revisions and amendments to it shall be borne by the assessment districts and requesters at an individual volume cost or a subscription cost as determined by the department. All receipts shall be credited to the appropriation under s. 20.566 (2) (hi). The department shall, on the 4th Monday in August, certify past-due accounts and include them in the next apportionment of state special charges to counties and municipalities under s. 70.60. If the department provides an assessment manual to an assessor who is hired by more than one unit of government, those units of government shall each pay an equal share of the cost of that manual. The department may provide free assessment manuals to other state agencies or exchange them at no cost with agencies of other states or of the federal government for similar information or publications.

Note: This bill renumbers s. 70.11 (8) to s. 70.1105.

35,259 Section 259 . 76.02 (intro.) of the statutes is amended to read:

76.02 Definitions. (intro.) For the purposes of In ss. 76.01 to 76.26 the following provisions and definitions are made:

Note: Amends provision for conformity with current style.

35,260 Section 260 . 76.02 (1) of the statutes is renumbered 76.02 (4) and amended to read:

76.02 (4) The term “department," “Department", without other designation, means the department of revenue.

Note: Amends provision for conformity with current style.

35,261 Section 261 . 76.02 (2) of the statutes is renumbered 76.02 (6) and amended to read:

76.02 (6) Any “Railroad company" means any person, association, company or corporation, owning and operating a railroad, or operating a railroad in this state, or owning or operating any station, depot, track, terminal, or bridge, in this state, for railroad purposes, shall be deemed a railroad company, except that any such property owned by “railroad company" does not include any county, city, village, or town or any combination thereof is exempt from taxation under this chapter of them.

Note: Amends provision for conformity with current style.

35,262 Section 262 . 76.02 (5) of the statutes, as affected by 1995 Wisconsin Act 225, is renumbered 76.02 (7) and amended to read:

76.02 (7) Any “Sleeping car company" means any person, association, company or corporation, not being that is not a railroad company as defined in sub. (2), owning any cars known as and that owns any dining, buffet, chair, parlor or sleeping cars which that are used upon railroads within this state, unless the ownership of those cars is identical with to that of the railroads on which they are operated, shall be considered a sleeping car company.

Note: Amends provision for conformity with current style.

35,263 Section 263 . 76.02 (5a) of the statutes is renumbered 76.02 (1) and amended to read:

76.02 (1) Any “Air carrier company" means any person, association, company or corporation engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights shall be deemed an air carrier company. The term. In this subsection, “ aircraft" shall mean means a completely equipped operating unit, including spare flight equipment, used as a means of conveyance in air commerce.

Note: Amends provision for conformity with current style.

35,264 Section 264 . 76.02 (5b) of the statutes is renumbered 76.02 (5) and amended to read:

76.02 (5) Any “Pipeline company" means any person, association, company or corporation which that is not a light, heat and power company, as defined by s. 76.28 (1), and which that is engaged in the business of transporting or transmitting gas, gasoline, oils, motor fuels, or other fuels, by means of pipelines shall be deemed a pipeline company.

Note: Amends provision for conformity with current style.

35,265 Section 265 . 76.02 (7) of the statutes is renumbered 76.02 (3) and amended to read:

76.02 (3) Any company or corporation “Conservation and regulation company" means any person organized under the laws of this state for the conservation and regulation of the height and flow of water in public reservoirs within this state, shall be deemed a conservation and regulation company.

Note: Amends provision for conformity with current style.

35,266 Section 266 . 76.02 (9) of the statutes, as affected by 1995 Wisconsin Act 351, is renumbered 76.02 (2).

Note: Renumbers provision for more appropriate placement.

35,267 Section 267 . 76.02 (10) of the statutes is renumbered 76.025 (1).

Note: Renumbers provision for more appropriate placement.

35,268 Section 268 . 76.02 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 76.025 (2).

Note: Renumbers provision for more appropriate placement.

35,269 Section 269 . 76.02 (11a) of the statutes is renumbered 76.025 (3) and amended to read:

76.025 (3) Any air carrier as defined in sub. (5a) company engaged solely in intrastate transportation and using the facilities of only one airport within the this state, shall be excepted is exempt from taxation under this subchapter and shall be is subject to local assessment and taxation.

Note: Renumbers provision for more appropriate placement, and amends language for greater conformity with current style.

35,270 Section 270 . 76.02 (12) of the statutes is renumbered 76.02 (8) and amended to read:

76.02 (8) The “Special property" means the property of the public utilities enumerated in this section and companies that is assessed under ss. 76.01 to 76.26 shall be known as special property.

Note: Renumbers provision for more appropriate placement, and amends language for greater conformity with current style.

35,271 Section 271 . 76.02 (13) of the statutes is renumbered 76.025 (4) and amended to read:

76.025 (4) Nothing in this subchapter contained shall be construed to result in the levy, assessment, or collection of taxes on property of a municipal water utility created under s. 198.22.

Note: Renumbers provision for more appropriate placement, and amends language for greater conformity with current style.

35,272 Section 272 . 76.025 (title) of the statutes is created to read:

76.025 (title) Miscellaneous provisions.

Note: Renumbering by this bill creates a new s. 76.025.

35,273 Section 273 . 76.28 (4) (intro.) of the statutes, as affected by 1995 Wisconsin Act 351, is renumbered 76.28 (4) (a).

Note: The “(a)" was inadvertently omitted from 1996 Wis. Act 351.

35,274 Section 274 . 76.28 (9) of the statutes is amended to read:

76.28 (9) Property subject to local tax. The license fees imposed by this section upon the gross revenues of light, heat and power companies as defined in sub. (1) (e) shall be in lieu of all other taxes on all property used and useful in the operation of the business of such companies in this state, except that the same shall be subject to special assessments for local improvements. If a general structure is used and useful in part in the operation of the business of those companies in this state and in part for nonoperating purposes, the license fees imposed by this section are in place of the percentage of all other taxes on the property that fairly measures and represents the extent of the use and usefulness in the operation of the business of those companies in this state, and the balance is subject to local assessment and taxation, except that the entire general structure is subject to special assessments for local improvements. Property defined in s. 76.02 (11) under s. 76.025 (2) shall not be taxed under this section, but shall be subject to local assessment and taxation.

Note: This bill renumbers s. 76.02 (11) to s. 76.025 (2).

35,275 Section 275 . 77.54 (7m) of the statutes is amended to read:

77.54 (7m) Occasional sales of tangible personal property or services, including but not limited to 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 $300 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 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 $15,000 during the year. The exemption under this subsection does not apply to gross receipts 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.

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,276 Section 276 . 77.54 (20) (a) 7. of the statutes, as affected by 1995 Wisconsin Acts 125 and 225, is amended to read:

77.54 (20) (a) 7. Fruit and fruit juices, as defined in ch. 97, 1967 stats. bottled

7m. Bottled water that is for human consumption and that is not carbonated or sweetened or flavored,.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 125 and 225.

35,277 Section 277 . 77.82 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

77.82 (4) Additions to managed forest land. An owner may petition the department to designate as managed forest land an additional parcel of land in the same municipality if the additional parcel is at least 3 acres in size and is contiguous to any of the owner's designated land. The petition shall be accompanied by a nonrefundable $10 application fee unless a different amount of the fee is established in the same manner as the fee under sub. (2). The fee fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The petition shall be submitted on a department form and shall contain any additional information required by the department.

Note: 1995 Wis. Act 27 added “fee", but the word was preexisting.

35,278 Section 278 . 77.82 (11) of the statutes is amended to read:

77.82 (11) Duration. An order under this subchapter remains in effect for the period specified in the petition unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect the terms of an order or management plan, except as expressly agreed to in writing by the owner and the department and except as provided in sub. (11m).

Note: Corrects error in transcribing 1989 Wis. Act 31.

35,279 Section 279 . 77.84 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

77.84 (2) (c) In 1992 and each 5th year thereafter, the department of revenue shall adjust the amounts under pars. (a) and (b) by multiplying the amount specified by a ratio using as the denominator the department of revenue's estimate of the average statewide tax per acre of property classes under s. 70.32 (2) (b) 4., 1993 stats., s. 70.32 (2) (b) 5., 1993 stats., and s. 70.32 (2) (b) and 6., 1993 stats., for 1986 and, as the numerator, the department of revenue's estimate of the average tax per acre for the same classes of property for the year in which the adjustment is made.

Note: 1995 Wis. Act 27 added “and s. 70.32 (2) (b)" without striking the existing “and".

35,280 Section 280 . 78.005 (16) of the statutes is amended to read:

78.005 (16) “Terminal operator" means the person who by ownership or contractural contractual agreement is charged with the responsibility for, or physical control over, and operation of a terminal. If co-venturers own a terminal, “terminal operator" means the person who is appointed to exercise the responsibility for, or physical control over, and operation of the terminal.

Note: Corrects spelling.

35,281 Section 281 . 78.55 (1) of the statutes is amended to read:

78.55 (1) “Air carrier company" has the meaning prescribed given in s. 76.02 (5a) (1).

Note: Amends provision for conformity with current style. This bill renumbers s. 76.02 (5a).

35,282 Section 282 . 80.48 (1) of the statutes, as affected by 1995 Wisconsin Act 225, is repealed and recreated to read:

80.48 (1) Petition for. (a) Any cemetery, agricultural or industrial association owning land to which there is no laid out street or highway giving access to the land may file a petition with the clerk of the city, village or town where the land is located, praying that the city, village or town lay out a street or highway to the association's land from the nearest street or highway which can be used as a convenient means of approach.

(b) The petition shall:

1. Be signed by the managing officers, board of trustees or directors of the association.

2. Set forth that:

a. The association owns land in the city, village or town which is used or intended to be used by a cemetery association for the burial of the dead or by an agricultural or industrial association for fairgrounds or industrial expositions; and

b. There is no laid out street or highway giving access to the association's land.

3. Contain a description of the land.

(bm) Whenever a petition is filed under par. (a) the common council, trustees or supervisors of the city, village or town so petitioned shall make out a notice which shall be served on the owner or occupant of the land through which the proposed street or highway is to be laid. The notice shall be published as provided in s. 80.05. The notice shall contain a copy of the petition and state the time when and place where the council, trustees or supervisors will meet to take action upon the petition, which time shall be within 10 days after the notice is served.