1999 Wisconsin Act 83

83,125 Section 125. 77.51 (15) (a) 1., 2. and 3. of the statutes are amended to read:

77.51 (15) (a) 1. The cost of the property sold;.

2. The cost of the materials used, labor or service cost, losses or any other expenses;.

3. The cost of transportation of the property prior to its purchase;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,126 Section 126. 77.51 (15) (b) 1. and 2. of the statutes are amended to read:

77.51 (15) (b) 1. Cash discounts allowed and taken on sales;.

2. The amount charged for property returned by customers when that entire amount is refunded either in cash or in credit;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,127 Section 127. 77.52 (18) (intro.) and (a) of the statutes are renumbered 77.52 (18) (am) and (bm).

Note: Corrects numbering. This provision contains 2 separate paragraphs. The current (intro.) paragraph is not an introductory paragraph under current drafting standards.

83,128 Section 128. 77.55 (1) (a) of the statutes is amended to read:

77.55 (1) (a) The United States, its unincorporated agencies and instrumentalities;.

Note: Replaces punctuation for internal consistency and conformity with current style.

83,129 Section 129. 77.61 (5) (b) (intro.), 1., 2., 3., 4. and 5. of the statutes are amended to read:

77.61 (5) (b) (intro.) Subject to pars. (c) and (d) and to the rules of the department, any sales tax or use tax returns or any schedules, exhibits, writings or audit reports pertaining to the same returns, on file with the department, shall be open to examination by any of the following persons or the contents thereof divulged or used as provided in the following cases and only to the extent therein authorized.:

1. The secretary of revenue, or any officer, agent or employe of the department of revenue;.

2. The attorney general, department of justice employes;.

3. Members of the senate committee on organization or its authorized agents or the assembly committee on organization or its authorized agents provided the examination is approved by a majority vote of a quorum of its members and the tax return information is disclosed only in a meeting closed to the public. The committee may disclose tax return information to the senate or assembly or to other legislative committees if the information does not disclose the identity of particular returns or reports and the items thereof of particular returns or reports. The department of revenue shall provide assistance to the committees or their authorized agents in order to identify returns deemed that are considered necessary by them to accomplish the review and analysis of tax policy;.

4. Public officers of the federal government or other state governments or the authorized agents of such those officers, where necessary in the administration of the laws of such the federal government or other state governments, to the extent that such the federal government accords or other state governments accord similar rights of examination or information to officials of this state; .

5. a. The person who filed or submitted such the return, or to whom the same return relates or by that person's authorized agent or attorney;.

b. The person required to file reports on collection or taxes withheld from another;.

Note: Replaces punctuation for internal consistency and conformity with current style, replaces disfavored terms and corrects sentence agreement.

83,130 Section 130. 77.62 (1) of the statutes is renumbered 77.62, and 77.62 (2), (3), (4) and (5), as renumbered, are amended to read:

77.62 (2) Release real property from the lien of a warrant;.

(3) Satisfy warrants;.

(4) Approve instalment payment agreements; .

(5) Compromise on the basis of ability to pay; or.

Note: Deletes unnecessary subsection division. Section 77.62 is not divided into subsections. Replaces punctuation for internal consistency and conformity with current style.

83,131 Section 131. 77.995 of the statutes is renumbered 77.995 (2) and amended to read:

77.995 (2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of station wagons, as defined in s. 340.01 (61); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). In this section, "limousine"means a passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route; but "limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or vanpools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.

Note: The next section of this bill moves the stricken definitions to a separate definitions subsection at the beginning of the section in conformity with current style.

83,132 Section 132. 77.995 (1) of the statutes is created to read:

77.995 (1) In this section:

(a) Except as provided in par. (b), "limousine" means a passenger automobile that has a capacity of 10 or and fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.

(b) "Limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in car pools or van pools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.

Note: Moves definition to beginning of section in conformity with current style. Inserts preferred spelling of "car pool" and "van pool".

83,133 Section 133. 78.39 (2) and (3) of the statutes are amended to read:

78.39 (2) "Alternate fuels dealer" means any person (, including the state of Wisconsin and any political subdivision thereof of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws thereof) of the United States, in the business of handling alternate fuels who delivers any part thereof of the alternate fuels into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by that person or to a retailer or user if the supplier reports and pays the tax under s. 78.40 (1).

(3) "Alternate fuels user" means the owner or other person (, including the state of Wisconsin and any political subdivision thereof of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws thereof) of the United States, responsible for the operation of a motor vehicle at the time an alternate fuel is placed in the fuel supply tank or tanks thereof of the motor vehicle while such the vehicle is within this state.

Note: Replaces parentheses in conformity with current style. Inserts specific references and deletes "of Wisconsin" pursuant to s. 13.93 (1) (i).

83,134 Section 134. 79.10 (7m) (b) 1. a. of the statutes, as affected by 1999 Wisconsin Act 5, is renumbered 79.10 (7m) (b) 1.

Note: Deletes unnecessary subdivision paragraph numbering. Section 79.10 (7m) (b) 1. is not divided into smaller units.

83,135 Section 135. 84.09 (4) of the statutes is amended to read:

84.09 (4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto, expenses of the county highway committee incurred in performing duties under this section and the county highway committee's customary per diem (, or if on an annual salary, a per diem not to exceed the lawful rate permitted for members of county boards) and expenses of the county highway committee incurred in performing duties pursuant to this section shall be if the highway committee members receive an annual salary, are paid out of the available improvement or maintenance funds, and members. Members of the a highway committee on who receive an annual salary basis shall be entitled to such the per diem paid, as compensation for their services, in addition to their annual salary fixed pursuant to s. 59.10 (3) (i).

Note: Breaks up long sentence and reorders text for more logical placement and to eliminate parentheses.

83,136 Section 136. 88.10 (2) of the statutes is renumbered 88.10.

Note: Deletes unnecessary subsection number. Section 88.10 is not divided into units.

83,137 Section 137. 93.11 (3) of the statutes is amended to read:

93.11 (3) The department may (, by general order, after public hearing), fix and cause to be collected a reasonable, uniform fee for certification where necessary for the adequate enforcement of an order issued under s. 93.10. The department shall fix and cause to be collected a reasonable, uniform fee for certification where the purpose of such certification is merely to furnish to an interested party an official statement of the grade.

Note: Replaces parentheses in conformity with current style.

83,138 Section 138. 94.43 (3) of the statutes is amended to read:

94.43 (3) Application for a seed labeler's license shall be submitted on a form prescribed by the department and shall be accompanied by a fee based on the gross sales of seed within the state by the applicant under his or her own label during the previous 12 months prior to filing the application. Fees for a labeler's license shall be computed on gross sales according to the following schedule: Less

(a) For gross sales that are less than $10,000,: $25;.

(b) For gross sales that are $10,000 or more but less than $25,000,: $50;.

(c) For gross sales that are $25,000 or more but less than $75,000,: $100;.

(d) For gross sales that are $75,000 or more but less than $200,000,: $150; and.

(e) For gross sales that are $200,000 or more,: $200.

Note: Subdivides provision in outline form and replaces punctuation consistent with current style. Adds "For gross sales" text to prevent beginning a subunit with a number.

83,139 Section 139. 94.66 (9) of the statutes is amended to read:

94.66 (9) A fee of one and one-quarter cent per ton on all liming materials (, or the equivalent amount on marl and paper mill refuse lime), sold within the state, with a minimum fee of $1 shall be paid annually, for the preceding calendar year, on or before February 1 each year to the department by the licensee. These fees shall be used for research on liming materials or crop response thereto by the University of Wisconsin-Madison college of agricultural and life sciences, for the dissemination of the results of such research, and for other activities which that will tend to promote the correct usage of liming materials. In case the University of Wisconsin-Madison college of agricultural and life sciences is unable to carry on the recommended program the department may contract with another appropriate institution or agency.

Note: Replaces parentheses in conformity with current style and replaces "which" with "that" to correct grammar.

83,140 Section 140. 94.675 (1) and (2) of the statutes are amended to read:

94.675 (1) If its strength, quality, purity or effectiveness falls below the standards expressed on the label; .

(2) If any substance has been substituted wholly or in part for the articles;.

Note: Replaces punctuation in conformity with current style.

83,141 Section 141. 94.77 (2) of the statutes is renumbered 94.77.

Note: Deletes unnecessary subsection number. Section 94.77 is not divided into smaller units.

83,142 Section 142. 95.22 (1) of the statutes is renumbered 95.22 and amended to read:

95.22 Reports of animal diseases. Each veterinarian shall immediately report to the department the existence among animals of any communicable disease coming to the veterinarian's knowledge. The report shall be in writing and shall include a description of the diseased animal, the name and address of the owner or person in charge of the animal, if known, and the location of the animal. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this subsection section.

Note: Deletes unnecessary subsection number. Section 95.22 is not divided into smaller units.

83,143 Section 143. 95.26 (4) of the statutes is amended to read:

95.26 (4) Cattle and American bison which that are classified as "reactors" to the brucellosis test ( , whether or not conducted pursuant to this section), shall be slaughtered. A report of any test disclosing reactors shall be mailed to the owner thereof. The reactors shall be identified by a reactor tag and permanent mark as prescribed by the department. The owner shall effect slaughter of the reactors within 15 days of the date they are so identified, except that the department, for cause shown, may extend such the time an additional 15 days. In the event If the owner of reactors shall fail fails to comply with this subsection within the time limited, the department shall cause the removal and slaughter of such the reactors. No indemnity shall be paid on any reactors disposed of by the department. No milk shall be sold from any reactors or from any herd of cattle in which reactors are kept contrary to the provisions of this section.

Note: Replaces parentheses and disfavored language in conformity with current style.

83,144 Section 144. 97.27 (1) (a) of the statutes is amended to read:

97.27 (1) (a) "Cold storage " Cold-storage warehouse" means a warehouse in which food is to be stored at temperatures between zero and 50 degrees Fahrenheit.

Note: Corrects spelling.

83,145 Section 145. 97.27 (1) (b) (intro.), (c) and (d) of the statutes are amended to read:

97.27 (1) (b) (intro.) "Food warehouse" means a warehouse used for the storage of food, and includes a cold storage cold-storage warehouse, frozen food frozen-food warehouse and frozen food frozen-food locker plant. "Food warehouse" does not include:

(c) "Frozen food "Frozen-food locker plant" means a warehouse in which individual locked compartments not exceeding 20 cubic feet in capacity are rented to consumers for the storage of food at temperatures at or below 5 degrees Fahrenheit.

(d) "Frozen food "Frozen-food warehouse" means a warehouse at which food is to be stored at temperatures at or below 5 degrees Fahrenheit.

Note: Corrects spelling.

83,146 Section 146. 97.27 (5) of the statutes is renumbered 97.27 (5) (intro.) and amended to read:

97.27 (5) Rule making. (intro.) The department may promulgate rules to establish the fees required under sub. (3) or to govern the sanitary operation of food warehouses. Rules may include standards any of the following:

(a) Standards for the construction and maintenance of food storage facilities; standards.

(b) Standards for the storage, identification and handling of food; record-keeping.

(c) Record-keeping requirements to show the length of time that food is kept in storage; and freezing.

(d) Freezing and temperature requirements applicable to frozen food frozen-food warehouses, frozen food frozen-food locker plants and cold storage cold-storage warehouses.

Note: Corrects spelling, replaces punctuation and subdivides provision in outline form in conformity with current style.