AB150-ASA,1204,824
77.82
(2) Petition. (intro.)
Any owner of land may petition the department to
25designate any eligible parcel of land as managed forest land. A petition may include
1any number of eligible parcels under the same ownership in a single municipality.
2Each petition shall be submitted on a form provided by the department and shall be
3accompanied by a nonrefundable $10 application fee unless a different amount of the
4fee is established by the department by rule at an amount equal to the average
5expense to the department of recording an order issued under this subchapter
,
6which. The fee shall be
credited to
deposited in the conservation fund
and credited
7to the appropriation under s. 20.370 (1) (cr). Each petition shall include all of the
8following:
AB150-ASA,1204,1810
77.82
(4) Additions to managed forest land. An owner may petition the
11department to designate as managed forest land an additional parcel of land in the
12same municipality if the additional parcel is at least 3 acres in size and is contiguous
13to any of the owner's designated land. The petition shall be accompanied by a
14nonrefundable $10 application fee unless a different amount of the fee is established
15in the same manner as the fee under sub. (2)
, which. The fee shall be
credited to 16deposited in the conservation fund
and credited to the appropriation under s. 20.370
17(1) (cr). The petition shall be submitted on a department form and shall contain any
18additional information required by the department.
AB150-ASA,1204,2220
77.82
(4m) (bn) A petition under this subsection shall be accompanied by a
21nonrefundable $100 application fee which shall be
credited to deposited in the
22conservation fund
and credited to the appropriation under s. 20.370 (1) (cr).
AB150-ASA,1205,2
2477.85 State contribution. The department shall pay before June 30 annually
25the municipal treasurer, from the appropriation under s. 20.370
(4) (ar) (5) (bv), 20
1cents for each acre of land in the municipality that is designated as managed forest
2land under this subchapter.
AB150-ASA,1205,94
77.88
(2) (d) Within 10 days after a transfer of ownership, the former owner
5shall, on a form provided by the department, file with the department a report of the
6transfer signed by the former owner and the transferee. The report shall be
7accompanied by a $20 fee which shall be
credited to
deposited in the conservation
8fund
and credited to the appropriation under s. 20.370 (1) (cr). The department shall
9immediately notify each person entitled to notice under s. 77.82 (8).
AB150-ASA,1205,1411
77.89
(1) Payment to municipalities. By June 30 of each year, the department,
12from the appropriation under s. 20.370
(4) (ar) (5) (bv), shall pay 50% of each payment
13received under s. 77.84 (3) (b), 77.87 (3) or 77.88 (7) to the treasurer of the
14municipality in which is located the land to which the payment applies.
AB150-ASA,1205,1816
77.91
(4) Expenses. The
Except as provided in sub. (5), the department's
17expenses for the administration of this subchapter shall be paid from the
18appropriation under s. 20.370 (1) (mu).
AB150-ASA,1206,220
77.91
(5) Recording. Each register of deeds who receives notice of an order
21under this subchapter shall record the action as provided under s. 59.51. The
22department shall pay the register of deeds the fee specified under s. 59.57 (1) (a) from
23the appropriation under s. 20.370 (1)
(mu) (cr). If the amount in the appropriation
24under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount
1required under this subsection in that fiscal year, the department shall pay the
2balance from the appropriation under s. 20.370 (1) (mu).
AB150-ASA,1206,144
77.92
(4) "Net business income", with respect to a partnership or limited
5liability company, means taxable income as calculated under section
703 of the
6internal revenue code; plus the items of income and gain under section
702 of the
7internal revenue code; minus the items of loss and deduction under section
702 of the
8internal revenue code; plus payments treated as not made to partners under section
9707 (a) of the internal revenue code; plus the credits claimed under s. 71.07
(2dd),
10(2de), (2di), (2dj), (2dL) and (2ds); but excluding income, gain, loss and deductions
11from farming. "Net business income", with respect to a natural person, estate or
12trust, means profit from a trade or business for federal income tax purposes and
13includes net income derived as an employe as defined in section
3121 (d) (3) of the
14internal revenue code.
AB150-ASA,1206,1916
77.92
(4r) "Total receipts from all activities" means gross receipts, gross sales,
17gross dividends, gross interest income, gross rents, gross royalties, the gross sales
18price from the disposition of capital assets and business assets and all other receipts
19that are included in gross income under ch. 71.
AB150-ASA,1207,221
77.93
(1) All corporations required to file a return under subch. IV or V of ch.
2271
that have at least $4,000 in total receipts from all activities for the taxable year
23except corporations that are exempt from taxation under s. 71.26 (1) and that have
24no unrelated business income reportable under s. 71.24 (1m). The surcharge is
25imposed on the tax-option corporation, not on its shareholders, except that if a
1tax-option corporation's surcharge is delinquent, its shareholders are jointly and
2severally liable for it.
AB150-ASA,1207,64
77.93
(4) All insurers that are required to file a return under subch. VII of ch.
571
and that have at least $4,000 in total receipts from all activities for the taxable
6year.
AB150-ASA,1207,128
78.09
(2) To procure a license, a supplier
who holds a valid certificate issued
9under s. 73.03 (50) shall file with the department an application prescribed and
10furnished by the department and verified by the owner of the business if the owner
11is an individual, partnership or unincorporated association or by the president and
12secretary if the owner is a corporation.
AB150-ASA,1207,1814
78.09
(5) To procure an export license, an exporter
who holds a valid certificate
15issued under s. 73.03 (50) shall file with the department an application prescribed
16and furnished by the department and verified by the owner of the business if the
17owner is an individual, partnership or unincorporated association or by the
18president and secretary if the owner is a corporation.
AB150-ASA, s. 3500b
19Section 3500b. 78.10 (1) of the statutes is repealed and recreated to read:
AB150-ASA,1207,2120
78.10
(1) Issuance. The department shall issue licenses to receive motor
21vehicle fuel under s. 78.07 to persons who hold a valid certificate under s. 73.03 (50).
AB150-ASA, s. 3500d
23Section 3500d. 78.48 (1) of the statutes is repealed and recreated to read:
AB150-ASA,1207,2524
78.48
(1) Issuance. The department shall issue alternate fuel licenses to
25persons who hold a valid certificate under s. 73.03 (50).
AB150-ASA, s. 3500f
2Section 3500f. 78.57 (1) of the statutes is repealed and recreated to read:
AB150-ASA,1208,43
78.57
(1) Issuance. The department shall issue general aviation fuel licenses
4to persons who hold a valid certificate under s. 73.03 (50).
AB150-ASA, s. 3505
6Section
3505. 79.03 (3c) (c) (intro.) of the statutes is amended to read:
AB150-ASA,1208,117
79.03
(3c) (c)
Payment. (intro.) Subject to
the total distribution amount limits
8in par. (f), the minimum payment under par. (d) and the maximum payment under
9par. (e), each eligible municipality is entitled to shared revenue from the
10appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements
11under sub. (1), calculated as follows:
AB150-ASA,1208,1713
79.03
(3c) (f)
Distribution amount. If the total amounts calculated under pars.
14(c) to (e) exceed the total amount to be distributed under this subsection, the amount
15paid to each eligible municipality shall be paid on a prorated basis. The total amount
16to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 in
1994 17and $14,000,000 in 1995 1996 and thereafter.
AB150-ASA,1209,1519
79.04
(1) (a) An amount from the shared revenue account determined by
20multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village,
21the first $125,000,000 of the amount shown in the account, plus leased property, of
22each public utility
except qualified wholesale electric companies, as defined in s.
2376.28 (1) (gm), on December 31 of the preceding year for either "production plant,
24exclusive of land" and "general structures", or "work in progress" for production
25plants and general structures under construction, in the case of light, heat and power
1companies, electric cooperatives or municipal electric companies, for all property
2within a municipality in accordance with the system of accounts established by the
3public service commission or rural electrification administration, less depreciation
4thereon as determined by the department of revenue and less the value of treatment
5plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as
6determined by the department of revenue
plus an amount from the shared revenue
7account determined by multiplying by 3 mills in the case of a town, and 6 mills in the
8case of a city or village, of the first $125,000,000 of the total original cost of production
9plant, general structures and work-in-progress less depreciation, land and
10approved waste treatment facilities of each qualified wholesale electric company, as
11defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property
12within the municipality. The total of amounts, as depreciated, from the accounts of
13all public utilities for the same production plant is also limited to not more than
14$125,000,000. The amount distributable to a municipality in any year shall not
15exceed $300 times the population of the municipality.
AB150-ASA,1209,2517
79.04
(1) (c) 2. If a production plant is located in more than one municipality,
18the total payment under subd. 1. shall be apportioned according to the amounts
19shown on the preceding December 31 for the production plant in the account
20described in par. (a) for "production plant exclusive of land" within each municipality
21for all public utilities except qualified wholesale electric companies, as defined in s.
2276.28 (1) (gm), or according to the value as reported to the department of revenue
23under par. (a) of the production plant within each municipality for each qualified
24wholesale electric company. The payment to each municipality under this
25subdivision shall be no less than $15,000 annually.
AB150-ASA,1211,82
79.04
(2) (a) Annually, the department of administration, upon certification by
3the department of revenue, shall distribute from the shared revenue account to any
4county having within its boundaries a production plant or a general structure,
5including production plants and general structures under construction, used by a
6light, heat or power company assessed under s. 76.28 (2), except property described
7in s. 66.069 (2) unless the production plant is owned or operated by a local
8governmental unit that is located outside of the municipality in which the production
9plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48,
10respectively, or by a municipal electric company under s. 66.073 an amount
11determined by multiplying by 6 mills
in the case of property in a town and by 3 mills
12in the case of property in a city or village the first $125,000,000 of the amount shown
13in the account, plus leased property, of each public utility
except qualified wholesale
14electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding
15year for either "production plant, exclusive of land" and "general structures", or
16"work in progress" for production plants and general structures under construction,
17in the case of light, heat and power companies, electric cooperatives or municipal
18electric companies, for all property within
a town
the municipality in accordance
19with the system of accounts established by the public service commission or rural
20electrification administration, less depreciation thereon as determined by the
21department of revenue and less the value of treatment plant and pollution
22abatement equipment, as defined under s. 70.11 (21) (a), as determined by the
23department of revenue
and by multiplying by 3 mills the first $125,000,000 of the
24amount as defined in this subsection for all property within a city or village plus an
25amount from the shared revenue account determined by multiplying by 6 mills in the
1case of property in a town, and 3 mills in the case of property in a city or village, of
2the total original cost of production plant, general structures and work-in-progress
3less depreciation, land and approved waste treatment facilities of each qualified
4wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the
5department of revenue of all property within the municipality. The total of amounts,
6as depreciated, from the accounts of all public utilities for the same production plant
7is also limited to not more than $125,000,000. The amount distributable to a county
8in any year shall not exceed $100 times the population of the county.
AB150-ASA,1211,1910
79.04
(4) (a) Annually, in addition to the amount distributed under sub. (1), the
11department of administration shall distribute $50,000 to a municipality if spent
12nuclear fuel is stored within the municipality on December 31 of the preceding year.
13If a spent nuclear fuel storage facility is located at a production plant located in more
14than one municipality, the payment shall be apportioned according to the formula
15under sub. (1) (c) 2. The payment to each municipality under this paragraph may
16not be less than $10,000 annually If a spent nuclear fuel storage facility is located
17within one mile of a municipality, that municipality shall receive $10,000 annually
18and the municipality where that storage facility is located shall receive $40,000
19annually.
AB150-ASA,1211,2522
79.05
(1) (d) "Valuation factor" means a percentage equal to 60% of the
23percentage change in the municipality's equalized value due to new construction less
24improvements removed between the year before the statement under s. 79.015 and
25the previous year, but not less than zero nor greater than
2 one.
AB150-ASA,1212,62
79.05
(2) (c) Its municipal budget, exclusive of principal and interest on
3long-term debt, for the year of the statement under s. 79.015 increased over its
4municipal budget as adjusted under sub. (6), exclusive of principal and interest on
5long-term debt, for the year before that year by less than the sum of
the inflation
6factor 3% and the valuation factor, rounded to the nearest 0.10%.
AB150-ASA,1212,209
79.06
(1) (b) If the payments to any municipality or county under s. 79.03,
10excluding payments under s. 79.03 (3c),
in 1986 or any year thereafter are less than
1195%
in 1994, 1995 and 1996, 94% in 1997, 93% in 1998, 92% in 1999, 91% in 2000
12and 90% in 2001 and thereafter of the combined payments to the municipality or
13county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for
14the previous year, the municipality or county has an aids deficiency. The amount of
15the aids deficiency is the amount by which 95%
in 1994, 1995 and 1996, 94% in 1997,
1693% in 1998, 92% in 1999, 91% in 2000 and 90% in 2001 and thereafter of the
17combined payments to the municipality or county under this section and s. 79.03,
18excluding payments under s. 79.03 (3c), in the previous year exceeds the payments
19to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c),
20in the current year.
AB150-ASA,1213,222
79.06
(2) (b) If the payments to a municipality or county
, except any county in
23which there are no cities or villages, in
1985 or any year
thereafter exceed its
24combined payments under this section and s. 79.03, excluding payments under s.
179.03 (3c), in the previous year by more than the maximum allowable increase, the
2excess shall be withheld to fund minimum payments in that year under sub. (1) (c).
AB150-ASA,1213,84
79.10
(7r) (b) The amounts determined under par. (a) shall be distributed by
5the department of administration on the first Friday in September
during 1996 and
6every 5th year thereafter, based on applications on file with the county or city on
7August 1. A county or city shall inform the department of revenue of the number of
8applications on file before August 16.
AB150-ASA,1213,1610
79.10
(9) (c)
Credits shown on tax bill.
The amount of the state property tax
11credits of particular property taxpayers, as determined under pars. (b) and (bm),
12shall be separately set forth on tax bills in the manner provided in s. 74.09. The
13lottery credit under par. (bm) shall reduce the property taxes otherwise payable for
14those taxpayers who are eligible to receive that credit and who furnish the
15information required under sub. (10) (a), and the credit under par. (b) shall reduce
16the property taxes otherwise payable.
AB150-ASA,1214,718
79.10
(10) (a) Beginning with property taxes levied in
1992 1996, the owner of
19a principal dwelling who is entitled to receive a lottery credit under sub. (9) (bm) may
20claim the credit by making an application on a form prescribed by the department
21of revenue. A claimant whose principal dwelling is on a parcel of taxable property
22shall attest that, as of the certification date, the claimant is the owner of the property
23and that the claimant uses the property as his or her principal dwelling. The
24certification date is January 1 of the year in which the property taxes are levied. The
25claimant shall file the application with the treasurer of the county in which the
1property is located or, if the property is located in a city that collects taxes under s.
274.87
or in a city that receives the approval of the department of revenue to accept
3applications, with the
city treasurer of the city in which the property is located.
4Subject to review by the department of revenue, a treasurer who receives a completed
5application shall direct that the property described in the application be identified
6on the next tax roll as property for which the owner is entitled to receive a lottery
7credit.
A claim that is made under this paragraph is valid for 5 years.
AB150-ASA,1214,149
79.10
(10) (b) A person who becomes eligible for a credit under sub. (5) may
10claim the credit by filing an application, on a form prescribed by the department of
11revenue, with the treasurer of the county in which the property is located or, if the
12property is located in a city that collects taxes under s. 74.87, with the treasurer of
13the city in which the property is located. Claims that are made under this paragraph
14become invalid when claims that are made under par. (a) become invalid.
AB150-ASA,1214,1916
79.10
(10) (c) A person who becomes eligible for a credit under sub. (5) because
17of a purchase of a property may claim the credit by applying for it on the return under
18s. 77.22 (2). Claims that are made under this paragraph become invalid when claims
19that are made under par. (a) become invalid.
AB150-ASA,1214,2321
79.10
(10) (e) Counties and any city authorized to act under s. 74.87 shall
22submit to the department of revenue all data related to the lottery credit and
23requested by the department of revenue.
AB150-ASA,1215,3
179.14 (title)
School levy tax credit. The appropriation under s. 20.835 (3)
2(b) is $319,305,000
in 1994, 1995 and 1996 and is $469,305,000 in 1997 and
3thereafter.
AB150-ASA,1215,245
80.38
(2) If 6 or more freeholders residing within the limits of the village or
6other plat wish any streets in the plat to be so declared public highways and opened
7to public use, they may apply to the town board for that purpose in the manner
8provided in s. 80.02. Upon that application, the town board shall make and file an
9order, within 10 days, declaring the streets to be public highways or refusing so to
10do. In either case, any person considering himself or herself aggrieved by the order
11may appeal to the circuit court for the same county by filing with the town clerk a
12notice of appeal, specifying the grounds of appeal, within 20 days from the filing of
13the order, together with a written undertaking of the appellant, with one or more
14sufficient sureties, to be approved by the town clerk for the payment of all costs that
15may be awarded against the appellant, and paying to the clerk the fee prescribed in
16s. 814.61 (8)
(a) 1. or (am) 1. Within 20 days thereafter the town clerk shall deliver
17to the clerk of the circuit court all the papers in the case, together with the notice of
18appeal, with the date of service endorsed thereon, and pay the fee prescribed in s.
19814.61 (8)
(a) 1. or (am) 1.; whereupon the clerk of the circuit court shall enter an
20action in the court record in which the appellant is the plaintiff and the town is the
21defendant. The issues as shown by the papers and the appeal shall be tried without
22further pleading, the same as in personal actions in circuit court, and judgment
23rendered and enforced as in other actions in which persons and municipal
24corporations are parties.
AB150-ASA,1216,6
184.01
(13) Engineering services. The department may engage such
2engineering, consulting, surveying or other specialized services as it deems
3advisable. Any engagement of services under this subsection is exempt from ss.
416.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, but ss. 16.528, 16.752
and, 16.754
5and 16.855 (22) apply to such engagement. Any engagement involving an
6expenditure of $3,000 or more shall be by formal contract approved by the governor.
AB150-ASA,1217,38
84.06
(2) (a) All such highway improvements shall be executed by contract
9based on bids unless the department finds that another method as provided in sub.
10(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
11the manner determined by the department. Except as provided in s. 84.075, the
12contract shall be awarded to the lowest competent and responsible bidder as
13determined by the department. If the bid of the lowest competent bidder is
14determined by the department to be in excess of the estimated reasonable value of
15the work or not in the public interest, all bids may be rejected. The department shall,
16so far as reasonable, follow uniform methods of advertising for bids and may
17prescribe and require uniform forms of bids and contracts. Except as provided in par.
18(b), the secretary shall enter into the contract on behalf of the state. Every such
19contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
20ss. 16.528, 16.752
and, 16.754
and 16.855 (22) apply to the contract. Any such
21contract involving an expenditure of $1,000 or more shall not be valid until approved
22by the governor. The secretary may require the attorney general to examine any
23contract and any bond submitted in connection with the contract and report on its
24sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any
25such contract involving an expenditure of less than $1,000 is exempt from approval
1by the governor and shall be subject to approval by the secretary. This subsection
2also applies to contracts with private contractors based on bids for maintenance
3under s. 84.07.
AB150-ASA,1217,235
84.06
(4) Special contracts with railroads and utilities. If an improvement
6undertaken by the department will cross or affect the property or facilities of a
7railroad or public utility company, the department may, upon finding that it is
8feasible and advantageous to the state, arrange to perform portions of the
9improvement work affecting such facilities or property or perform work of altering,
10rearranging or relocating such facilities by contract with the railroad or public
11utility. Such contract shall be between the railroad company or public utility and the
12state and need not be based on bids. The contract may be entered into on behalf of
13the state by the secretary. Every such contract is exempted from s. 779.14 and from
14all provisions of chs. 16 and 230, except ss. 16.528, 16.752
and, 16.754
and 16.855
15(22). No such contract in which the total estimated debt to be incurred exceeds $5,000
16shall be valid until approved by the governor. As used in this subsection, "public
17utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier
18as defined in s. 196.01 (8m), and "railroad" means the same as in s. 195.02.
19"Property" as used in this subsection includes but is not limited to tracks, trestles,
20signals, grade crossings, rights-of-way, stations, pole lines, plants, substations and
21other facilities. Nothing in this subsection shall be construed to relieve any railroad
22or public utility from any financial obligation, expense, duty or responsibility
23otherwise provided by law relative to such property.
AB150-ASA,1218,18
184.11
(4) Finding, determination and order. After such hearing the
2department shall make such investigation as it considers necessary in order to make
3a decision in the matter. If the department finds that the construction is necessary
4it shall determine the location of the project and whether the project is eligible for
5construction under this section. The department shall also determine the character
6and kind of bridge most suitable for such location and estimate separately the cost
7of the bridge portion and the entire project. The department shall make its finding,
8determination and order, in writing, and file a certified copy thereof with the clerk
9of each county, city, village and town in which any portion of the bridge project will
10be located and also with the secretary of state and the
state treasurer secretary of
11administration. The determination of the location of the project made by the
12department and set forth in its finding, determination and order, shall be conclusive
13as to such location and shall constitute full authority for laying out new streets or
14highways or for any relocations of highways made necessary for the construction of
15the project and for acquirement of any lands necessary for such streets or highways,
16relocation or construction. The estimate of cost made by the department shall be
17conclusive insofar as cost may determine eligibility of construction under this
18section.
AB150-ASA,1219,1420
84.12
(4) Finding, determination and order. If the department finds that the
21construction is necessary, and that provision has been made or will be made by the
22adjoining state or its subdivisions to bear its or their portions of the cost of the project,
23the department, in cooperation with the state highway department of the adjoining
24state, shall determine the location thereof, the character and kind of bridge and other
25construction most suitable at such location, estimate the cost of the project, and
1determine the respective portions of the estimated cost to be paid by each state and
2its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the
3department shall further determine the respective portions of the cost to be paid by
4this state and by its subdivisions which are required to pay portions of the cost. The
5department, after such hearing, investigation and negotiations, shall make its
6finding, determination and order in writing and file a certified copy thereof with the
7clerk of each county, city, village or town in this state in which any part of the bridge
8project will be located, with the secretary of state and the
state treasurer secretary
9of administration and with the state highway department of the adjoining state. The
10determination of the location set forth in the finding, determination and order of the
11department shall be conclusive as to such location and shall constitute full authority
12for laying out new streets or highways or for any relocations of the highways made
13necessary for the construction of the project and for acquiring lands necessary for
14such streets or highways, relocation or construction.
AB150-ASA,1219,2016
84.25
(11) Commercial enterprises. No commercial enterprise, except a
17vending facility which is licensed by the department of
health and social services 18industry, labor and human relations and operated by blind or visually impaired
19persons, shall be authorized or conducted within or on property acquired for or
20designated as a controlled-access highway.
AB150-ASA,1220,2
2285.015 Transportation assistance contracts. All contracts entered into
23under this chapter to provide financial assistance in the areas of railroads, urban
24mass transit, specialized transportation, and harbors are subject to ss. 16.528 and
116.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89
,
2except that ss. 16.702 and 16.855 (22) apply to such contracts.