Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,116,19 451. Page 1190, line 4: substitute "73.255" for "49.855".

AB150-ASA1-AA26,116,20 452. Page 1190, line 5: delete lines 5 to 18.

AB150-ASA1-AA26,116,21 453. Page 1193, line 17: after that line insert:

AB150-ASA1-AA26,116,22 " Section 3488m. 77.84 (2) (c) of the statutes is amended to read:

AB150-ASA1-AA26,117,7 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) 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.".

AB150-ASA1-AA26,117,8 454. Page 1195, line 25: after that line insert:

AB150-ASA1-AA26,117,9 " Section 3496b. 78.005 (13g) of the statutes is created to read:

AB150-ASA1-AA26,117,12 78.005 (13g) "Recreational motorboat" means a motorboat used predominately for entertainment, amusement or recreation by the owner of the motorboat, whether or not it is used incidentally in a trade or business.

AB150-ASA1-AA26, s. 3496d Section 3496d. 78.01 (1) of the statutes is amended to read:

AB150-ASA1-AA26,118,2 78.01 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.015, as adjusted under s. 78.017, is imposed on all motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state or for export to this state except as otherwise provided in this chapter. The motor vehicle fuel tax is to be computed and paid as provided in this chapter. Except as otherwise provided in this chapter, a person who receives motor vehicle fuel under s. 78.07 shall collect from the purchaser of the motor vehicle fuel that is received, and the purchaser shall pay to the person who receives the motor vehicle fuel under s. 78.07, the tax imposed by this section on each sale of motor vehicle fuel at the time of the sale, irrespective of whether the sale is for cash or on credit. In each subsequent sale or distribution of motor vehicle fuel on which the tax has been collected as provided in this subsection, the tax collected shall be added to the selling price so that the tax is paid ultimately by the user of the motor vehicle fuel.

AB150-ASA1-AA26, s. 3496g Section 3496g. 78.01 (2) (e) of the statutes is amended to read:

AB150-ASA1-AA26,118,7 78.01 (2) (e) Gasoline sold for nonhighway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat or in mobile machinery and equipment and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

AB150-ASA1-AA26, s. 3496j Section 3496j. 78.01 (2m) (f) of the statutes is amended to read:

AB150-ASA1-AA26,118,12 78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB150-ASA1-AA26, s. 3496m Section 3496m. 78.015 (1) of the statutes is amended to read:

AB150-ASA1-AA26,118,18 78.015 (1) Before April 1 the department shall recompute and publish the rate for the tax imposed under s. 78.01 (1). The new rate per gallon shall be calculated by multiplying the rate in effect at the time of the calculation without regard to adjustments under s. 78.017 by an the amount obtained by multiplying the amount under sub. (2) by the amount under sub. (3).

AB150-ASA1-AA26, s. 3496p Section 3496p. 78.015 (3) of the statutes is repealed.

AB150-ASA1-AA26, s. 3496r Section 3496r. 78.017 of the statutes is created to read:

AB150-ASA1-AA26,118,22 78.017 Temporary federal revenue decrease adjustment. (1) Definitions. In this section:

AB150-ASA1-AA26,118,24 (a) "Federal revenue" means the amount available to this state under Title 1 of the federal intermodal surface transportation efficiency act of 1991, as amended.

AB150-ASA1-AA26,119,2 (b) "Federal revenue shortage" means the amount by which federal revenue is less than $351,000,000.

AB150-ASA1-AA26,119,7 (2) Certification. (a) If, on November 1, 1995, or November 1, 1996, or both, the secretary of transportation determines that there will be a federal revenue shortage for the period beginning on the previous October 1 and ending on the succeeding September 30, the secretary shall certify the amount of that shortage to the secretary of revenue.

AB150-ASA1-AA26,119,17 (b) If the secretary of revenue receives a certification under par. (a), the secretary shall estimate the adjustment in the rate for the tax that is imposed under s. 78.01 (1) that, with the same adjustment in the rate of the tax imposed under s. 78.40 (1), will, during the period beginning on the December 1 after the certification under par. (a) and ending on the November 30 of the year after that certification, offset the certified federal revenue shortage. The secretary shall adjust the rate for the tax that is imposed under s. 78.01 (1) by the amount that the secretary has estimated, rounded to the nearest 0.1 cent, but not to exceed 2 cents. That adjustment is effective on December 1 and continues until November 30 of the next year.".

AB150-ASA1-AA26,119,18 455. Page 1196, line 16: after that line insert:

AB150-ASA1-AA26,119,19 " Section 3500cd. 78.12 (2) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,119,24 78.12 (2) Reports of licensees. (intro.) Each licensee shall, not later than the last 20th day of each month, file with the department, or, if the department so requires, file electronically with any state agency that the department specifies, on forms prescribed and furnished by the department, a report that indicates for the month before the month during which the report is due the following:

AB150-ASA1-AA26, s. 3500cg Section 3500cg. 78.12 (4) (a) 4. of the statutes is amended to read:

AB150-ASA1-AA26,120,3 78.12 (4) (a) 4. Multiply the number of gallons under subd. 3. by the rate under s. 78.015, as adjusted under s. 78.017.

AB150-ASA1-AA26, s. 3500cj Section 3500cj. 78.12 (4) (b) 2. of the statutes is amended to read:

AB150-ASA1-AA26,120,6 78.12 (4) (b) 2. Multiply the number of gallons under subd. 1. by the rate under s. 78.015, as adjusted under s. 78.017.

AB150-ASA1-AA26, s. 3500cm Section 3500cm. 78.12 (5) (a) of the statutes is amended to read:

AB150-ASA1-AA26,120,23 78.12 (5) (a) Licensed suppliers shall pay taxes on motor vehicle fuel no later than the 15th 20th day of the month for motor vehicle fuel sold during the previous month. At the option of a wholesaler distributor, a licensed supplier shall allow the wholesaler distributor to delay paying the tax to the licensed supplier until the date that the tax is due to this state. A wholesaler distributor who makes delayed payments shall make the payments by electronic funds transfer. If a wholesaler distributor fails to make timely payments, the licensed supplier may terminate the right of the wholesaler distributor to make delayed payments. Each licensed supplier shall notify the department of each wholesaler distributor who makes delayed payments of the tax. The department may require any wholesaler distributor who makes delayed payments of the tax to file with the department a surety bond payable to this state in an amount not to exceed 3 times the highest estimated monthly tax owed by the wholesaler distributor. Whenever the wholesaler distributor pays the licensed supplier, the licensed supplier shall credit the wholesaler distributor's account for the amount of tax reduction that results from the calculation under s. 78.12 (4) (a) 2.

AB150-ASA1-AA26, s. 3500cp Section 3500cp. 78.40 (1) of the statutes is amended to read:

AB150-ASA1-AA26,121,14 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.405, as adjusted under s. 78.407, is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

AB150-ASA1-AA26, s. 3500cr Section 3500cr. 78.407 of the statutes is created to read:

AB150-ASA1-AA26,121,19 78.407 Temporary federal revenue decrease adjustment. If the rate for the tax that is imposed under s. 78.01 (1) is adjusted under s. 78.017, the rate for the tax that is imposed under s. 78.40 (1) is adjusted by the same amount on the same day.".

AB150-ASA1-AA26,121,20 456. Page 1196, line 20: after that line insert:

AB150-ASA1-AA26,121,21 " Section 3500eg. 78.49 (1) (a) of the statutes is amended to read:

AB150-ASA1-AA26,122,10 78.49 (1) (a) For the purpose of determining the amount of liability to the state for the tax under this subchapter, except as provided in par. (b), each alternate fuels licensee shall, not later than the last 20th day of each month, file a monthly report for the next preceding month with the department on forms furnished and prescribed by it. Such report shall contain a declaration by the licensee that the statements contained therein are accurate and are a true return of the amount of the alternate fuels tax due and shall be subscribed by the licensee or the licensee's duly authorized agent. The report shall show, with reference to each location at which an alternate fuel is delivered or placed by such licensee into a fuel supply tank of any motor vehicle, the information that the department reasonably requires for the proper administration and enforcement of the tax under this subchapter. The department shall give due consideration to the varying types of operations and transactions in specifying the information required.

AB150-ASA1-AA26, s. 3500em Section 3500em. 78.49 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,122,16 78.49 (1) (b) The department may allow alternate fuels licensees whose tax liability is less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be mailed on or before the last 20th day of the next month following the end of each calendar quarter. The report shall contain the declaration, subscription and information specified in par. (a).".

AB150-ASA1-AA26,122,17 457. Page 1196, line 24: after that line insert:

AB150-ASA1-AA26,122,18 " Section 3503g. 78.75 (1m) (a) 2. of the statutes is amended to read:

AB150-ASA1-AA26,122,24 78.75 (1m) (a) 2. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating a snowmobile, as defined under s. 340.01 (58a), an aircraft, as defined under s. 78.55 (2), or a motorboat, as defined under s. 30.50 (6), unless the motorboat is exempt from registration as a motor vehicle under s. 341.05 (20) not a recreational motorboat, may not be reimbursed or repaid the amount of tax paid.

AB150-ASA1-AA26, s. 3503j Section 3503j. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB150-ASA1-AA26,123,15 78.75 (1m) (a) 3. Claims under subd. 1 shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.".

AB150-ASA1-AA26,123,16 458. Page 1200, line 15: delete lines 15 to 19.

AB150-ASA1-AA26,123,17 459. Page 1201, line 2: delete lines 2 to 14.

AB150-ASA1-AA26,123,18 460. Page 1204, line 24: after that line insert:

AB150-ASA1-AA26,123,19 " Section 3518b. 84.02 (4) (b) of the statutes is amended to read:

AB150-ASA1-AA26,124,10 84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the secretary of state department of financial institutions any violations of or failure to comply with the provisions of this subsection, and the secretary of state department of financial institutions shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.".

AB150-ASA1-AA26,124,11 461. Page 1204, line 24: after that line insert:

AB150-ASA1-AA26,124,12 " Section 3516g. 84.01 (30) of the statutes is created to read:

AB150-ASA1-AA26,124,18 84.01 (30) Environmental clean-up activities. From the appropriation under s. 20.395 (3) (aq), the department may fund environmental clean-up activities on lands acquired by the department that are not eligible to receive funding for such activities as part of a highway improvement project. Nothing in this subsection relieves a person from any responsibility to reimburse the department for any costs incurred by the department under this subsection.

AB150-ASA1-AA26, s. 3516m Section 3516m. 84.013 (2) (c) of the statutes is created to read:

AB150-ASA1-AA26,124,22 84.013 (2) (c) The department shall give priority to the completion of the major highway project authorized in sub. (3) (vL) in programming the expenditure of funds for major highway projects.

AB150-ASA1-AA26, s. 3516r Section 3516r. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB150-ASA1-AA26,125,3 84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

AB150-ASA1-AA26,125,7 (kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

AB150-ASA1-AA26,125,11 (km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

AB150-ASA1-AA26, s. 3517c Section 3517c. 84.013 (3) (ye) of the statutes is amended to read:

AB150-ASA1-AA26,125,14 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB150-ASA1-AA26, s. 3517m Section 3517m. 84.06 (1) of the statutes is amended to read:

AB150-ASA1-AA26,125,20 84.06 (1) (title) Definitions, plans. "Improvement" In this section, "improvement" or "highway improvement" as used in this section includes construction, reconstruction and the activities, operations and processes incidental to building, fabricating or bettering a highway, public mass transportation system or street, but not maintenance.

AB150-ASA1-AA26,126,2 (1m) (title) Plans. The department may prepare plans, estimates and specifications and undertake and perform all surveys, investigations and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.".

AB150-ASA1-AA26,126,3 462. Page 1206, line 15: after that line insert:

AB150-ASA1-AA26,126,4 " Section 3519jc. 84.076 (5) of the statutes is amended to read:

AB150-ASA1-AA26,126,6 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB150-ASA1-AA26, s. 3519je Section 3519je. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

AB150-ASA1-AA26, s. 3519jg Section 3519jg. 84.078 (1) (am) of the statutes is created to read:

AB150-ASA1-AA26,126,11 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources by rule.

AB150-ASA1-AA26, s. 3519jm Section 3519jm. 84.078 (1) (ar) of the statutes is created to read:

AB150-ASA1-AA26,126,13 84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).

AB150-ASA1-AA26, s. 3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.

AB150-ASA1-AA26, s. 3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:

AB150-ASA1-AA26,126,23 84.078 (2) The department shall use or encourage the use of the maximum possible amount of recovered material, including ash from industrial or utility boilers, foundry sand, glass, paper mill sludge, wastepaper, pavement and rubber recovered from waste tires high-volume industrial waste as surfacing material, structural material, landscaping material and fill for all highway improvements, as defined under s. 84.06 (1), consistent with standard engineering practices. The department shall specify the proportion of recovered material that may be used in various types of highway improvements.

AB150-ASA1-AA26, s. 3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:

AB150-ASA1-AA26,127,4 84.078 (3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:

AB150-ASA1-AA26,127,8 1. The high-volume industrial waste is incorporated into the highway improvement in accordance with the policies, guidelines and rules applicable to the highway improvement at the time of the design of the improvement and at the time of certification under subd. 2.

AB150-ASA1-AA26,127,14 2. The department of natural resources certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources.

AB150-ASA1-AA26,127,20 (b) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources under par. (a) 2., notwithstanding the occurrence of any of the following:

AB150-ASA1-AA26,127,22 1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

AB150-ASA1-AA26,128,2 2. Alterations due to construction, maintenance, utility installation or other activities by the department of transportation or approved by the department of transportation after the completion of the highway improvement affect the high-volume industrial waste at the site of the highway improvement.

AB150-ASA1-AA26,128,9 (c) The department of transportation and the department of natural resources may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

AB150-ASA1-AA26,128,13 (d) 1. No state agency may commence an action or proceeding under federal or state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.

AB150-ASA1-AA26,128,17 2. No person may commence an action under state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.".

AB150-ASA1-AA26,128,19 463. Page 1206, line 16: delete the material beginning with that line and ending with page 1208, line 4.

AB150-ASA1-AA26,128,20 464. Page 1208, line 10: after that line insert:

AB150-ASA1-AA26,128,21 " Section 3523g. 84.59 (6) of the statutes is amended to read: