Amendment ASA1-AB100

AB100-ASA1,1097,6 Chapter 77

AB100-ASA1,1097,8 Subchapter X Premier resort area taxes

AB100-ASA1,1097,15 77.994 Premier resort area tax. (1) A municipality or a county all of which is included in a premier resort area under s. 66.307 may, by ordinance, impose a tax at a rate of 0.5% or less of the gross receipts from the sale, lease or rental in the municipality or county of goods or services that are taxable under subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:

AB100-ASA1,1097,16 (a) 5331 — Variety stores.

AB100-ASA1,1097,17 (b) 5399 — Miscellaneous general merchandise stores.

AB100-ASA1,1097,18 (c) 5441 — Candy, nut and confectionary stores.

AB100-ASA1,1097,19 (d) 5451 — Dairy product stores.

AB100-ASA1,1097,20 (e) 5461 — Retail bakeries.

AB100-ASA1,1097,21 (f) 5541 — Gasoline service stations.

AB100-ASA1,1097,22 (g) 5812 — Eating places.

AB100-ASA1,1097,23 (h) 5813 — Drinking places.

AB100-ASA1,1097,24 (i) 5912 — Drug stores and proprietary stores.

AB100-ASA1,1097,25 (j) 5921 — Liquor stores.

AB100-ASA1,1098,1 (k) 5941 — Sporting goods stores and bicycle shops.

AB100-ASA1,1098,2 (L) 5946 — Camera and photographic supply stores.

AB100-ASA1,1098,3 (m) 5947 — Gift, novelty and souvenir shops.

AB100-ASA1,1098,4 (n) 7011 — Hotels and motels.

AB100-ASA1,1098,5 (o) 7032 — Sporting and recreational camps.

AB100-ASA1,1098,6 (p) 7033 — Recreational vehicle parks and campsites.

AB100-ASA1,1098,7 (q) 7948 — Racing, including track operation.

AB100-ASA1,1098,8 (r) 7992 — Public golf courses.

AB100-ASA1,1098,9 (s) 7993 — Coin-operated amusement devices.

AB100-ASA1,1098,10 (t) 7996 — Amusement parks

AB100-ASA1,1098,11 (u) 7999 — Amusement and recreational services, not elsewhere classified.

AB100-ASA1,1098,15 (2) There is imposed a tax at the rate specified by ordinance on the storage, use or other consumption in a municipality or county that has imposed a tax under sub. (1) of goods or services that are taxable under sub. (1). A receipt that the tax under sub. (1) has been paid relieves the buyer of liability for the tax under this subsection.

AB100-ASA1,1098,19 77.9941 Administration. (1) The ordinance under s. 77.994 is effective on January 1, April 1, July 1 or October 1. The municipality or county shall deliver a certified copy of that ordinance to the secretary of revenue at least 120 days before its effective date.

AB100-ASA1,1098,24 (2) A municipality or county that imposes a tax under s. 77.994 may, by ordinance, change the rate of the tax if the new rate is 0.5% or less. A rate change is effective on January 1, April 1, July 1 or October 1. The municipality or county shall deliver a certified copy of that ordinance to the secretary of revenue at least 120 days before its effective date.

AB100-ASA1,1099,4 (3) A municipality or county that imposes a tax under s. 77.994 may repeal that ordinance. A repeal is effective on December 31. The municipality or county shall deliver a certified copy of the repeal ordinance to the secretary of revenue at least 60 days before its effective date.

AB100-ASA1,1099,7 (4) Sections 77.72 (1), (2) (a) and (3) (a), 77.73, 77.74, 77.75, 77.76 (1), (2) and (4), 77.77 (1) and (2), 77.785 (1) and 77.79 as they apply to the taxes under subch. III apply to the tax under this subchapter.

AB100-ASA1,1099,25 (5) From the appropriation under s. 20.835 (4) (gd) the department shall distribute 98.5% of the taxes under this subchapter reported for each municipality or county that has imposed the tax, minus the municipality's or county's portion of the retailers' discounts, to the municipality or county and shall indicate the taxes reported by each taxpayer, no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. In this subsection, the "municipality's or county's portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross sales and use taxes payable under this subchapter and the denominator of which is the sum of the gross state sales and use taxes and the sales taxes and use taxes payable under this subchapter. The taxes under this subchapter distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the taxes under this subchapter previously distributed. Interest paid on refunds of sales and use taxes under this subchapter shall be paid from the appropriation under s. 20.835 (4) (gd) at the rate paid by this state under s. 77.60 (1) (a). Any municipality or county receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB100-ASA1, s. 2410t Section 2410t. Subchapter XI of chapter 77 [precedes 77.995] of the statutes is created to read:

AB100-ASA1,1100,3 Chapter 77

AB100-ASA1,1100,5 Subchapter XI state rental vehicle fee

AB100-ASA1,1100,16 77.995 Imposition. There is imposed a fee at the rate of 2% 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 motor trucks, as defined in s. 340.01 (34); of road tractors, as defined in s. 340.01 (53); of truck tractors, as defined in s. 340.01 (73); of semitrailers, as defined in s. 340.01 (57); of trailers, as defined in s. 340.01 (71); of motor buses, as defined in s. 340.01 (31); 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).

AB100-ASA1,1100,19 77.9951 Administration. (1) The department of revenue shall administer the fee under this subchapter and may take any action, conduct any proceeding and impose interest and penalties.

AB100-ASA1,1100,24 (2) Sections 77.51 (4) (a), (b) 1., 2. and 4., (c) 1. to 3. and (d) and (14) (a) to (f), (j) and (k), 77.52 (4), (6), (13), (14) and (18), 77.58 (1) to (5) and (7), 77.59, 77.60, 77.61 (2), (5), (8), (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

AB100-ASA1,1101,4 (3) Persons who are subject to the fee under this subchapter shall register with the department of revenue. Any person who is required to register; including any person authorized to act on behalf of a corporation, partnership or other person who is required to register; who fails to do so is guilty of a misdemeanor.

AB100-ASA1, s. 2410ts Section 2410ts. Subchapter XII of chapter 77 [precedes 77.996] of the statutes is created to read:

AB100-ASA1,1101,8 chapter 77

AB100-ASA1,1101,10 subchapter XII dry cleaning fees

AB100-ASA1,1101,11 77.996 Definitions. In this subchapter:

AB100-ASA1,1101,12 (1) "Department" means the department of revenue.

AB100-ASA1,1101,14 (2) "Dry cleaning facility" means a facility that dry cleans apparel or household fabrics for the general public other than the following facilities:

AB100-ASA1,1101,15 (a) Coin-operated facilities.

AB100-ASA1,1101,16 (b) Facilities that are located on U.S. military installations.

AB100-ASA1,1101,17 (c) Industrial laundries.

AB100-ASA1,1101,18 (d) Commercial laundries.

AB100-ASA1,1101,19 (e) Linen supply facilities.

AB100-ASA1,1101,20 (f) Facilities that are located at a prison or other penal institution.

AB100-ASA1,1101,22 (g) Facilities that are located at a nonprofit hospital or at a nonprofit health care institution.

AB100-ASA1,1101,24 (h) Facilities that are located on property that is owned by the U.S. government or by this state.

AB100-ASA1,1102,3 (3) "Dry cleaning solvent" means a chlorine-based or hydrocarbon-based formulation or product that is used as a primary cleaning agent in dry cleaning facilities.

AB100-ASA1,1102,8 77.9961 License fee. (1) No person may operate a dry cleaning facility in this state unless the person completes and submits to the department a form that the department prescribes and pays to the department a fee for each dry cleaning facility that the person operates. The fee is equal to 1.8% of the previous year's gross receipts from dry cleaning.

AB100-ASA1,1102,14 (2) Persons who owe a fee under this section shall pay it on or before January 15. The department shall issue a license to each person who pays the fee and submits the form under this section. The license is valid through December 31 of the year during which the fee is due. If a dry cleaning facility is sold, the seller may transfer the license to the buyer. Each holder of a license under this section shall display it prominently in the facility to which it applies.

AB100-ASA1,1102,16 (3) On or before December 15, the department shall mail to each dry cleaning facility of which it is aware a form on which to apply for a license under this section.

AB100-ASA1,1102,19 (4) Any person who operates a dry cleaning facility and who does not hold a license under this section shall pay to the department a penalty of $5 for each day that the person operates without a license.

AB100-ASA1,1102,24 77.9962 Dry cleaning solvents fee. There is imposed on each person who sells a dry cleaning solvent to a dry cleaning facility a fee equal to $5 per gallon of perchloroethylene sold and 75 cents per gallon of a hydrocarbon-based solvent sold. The fees for the previous 3 months are due on January 25, April 25, July 25 and October 25.

AB100-ASA1,1103,6 77.9963 Inventory fee. There is imposed on each dry cleaning facility that possesses dry cleaning solvents on the effective date of this section .... [revisor inserts date], a fee equal to $5 for each gallon of perchloroethylene possessed and 75 cents for each gallon of a hydrocarbon-based solvent possessed. On or before the date 30 days after the effective date of this section .... [revisor inserts date], any person who owes a fee under this section shall send that fee to the department.

AB100-ASA1,1103,8 77.9964 Administration. (1) The department shall administer the fees under this subchapter.

AB100-ASA1,1103,14 (2) Except as provided in s. 77.9961 (4), sections 71.74 (1) to (3), (7) and (9), 71.75 (1), (2), (6), (7), (9) and (10), 71.77 (1) and (4) to (8), 71.78 (1) to (4) and (5) to (8), 71.80 (1) (a) and (b), (4) to (6), (8) to (12), (14), (17) and (18), 71.82 (1) and (2) (a) and (b), 71.83 (1) (a) 1. and 2. and (b) 1., 2. and 6., (2) (a) 1. to 3. and (b) 1. to 3. and (3), 71.87, 71.88, 71.89, 71.90, 71.91 (1) (a), (2) and (4) to (6) and 71.93 as they apply to the taxes under ch. 71 apply to the fees under this subchapter.

AB100-ASA1,1103,16 (3) The department shall deposit all of the revenue that it collects under this subchapter in the fund under s. 25.48.

AB100-ASA1,1103,17 77.9965 Sunset. This subchapter does not apply after June 30, 2032.

AB100-ASA1, s. 2410tw Section 2410tw. Subchapter XIII of chapter 77 [precedes 77.997] of the statutes is created to read:

AB100-ASA1,1103,20 Chapter 77

AB100-ASA1,1103,22 Subchapter xIII Tax on adult entertainment

AB100-ASA1,1104,2 77.997 Definition. In this subchapter, "adult entertainment products and services" means products and services, not including magazines and motion pictures but including admission to a strip club, that are harmful to children, as defined in s. 948.11 (1) (b).

AB100-ASA1,1104,5 77.9971 Imposition. There is imposed a tax, at the rate of 5% of the gross receipts, as defined in s. 77.51 (4), on the sale at retail of adult entertainment products and services.

AB100-ASA1,1104,7 77.9972 Administration. (1) The department of revenue shall administer the tax under this subchapter.

AB100-ASA1,1104,10 (2) Sections 77.52 (4), (12) to (14) and (19), 77.58 (1) to (5) and (7), 77.59, 77.60, 77.61 (3), (5), (8), (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter.

AB100-ASA1, s. 1876 Section 1876. 78.005 (6m) of the statutes is created to read:

AB100-ASA1,1104,15 78.005 (6m) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 1877 Section 1877. 78.005 (13r) of the statutes is created to read:

AB100-ASA1,1104,18 78.005 (13r) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2412m Section 2412m. 78.01 (1) of the statutes is amended to read:

AB100-ASA1,1105,7 78.01 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. ss. 78.015 and 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.

AB100-ASA1, s. 2413m Section 2413m. 78.01 (2) (e) of the statutes is repealed.

AB100-ASA1, s. 1878 Section 1878. 78.01 (2m) (f) of the statutes is amended to read:

AB100-ASA1,1105,13 78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, in an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g) or in a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB100-ASA1, s. 2414n Section 2414n. 78.01 (2m) (f) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1105,19 78.01 (2m) (f) It is dyed diesel fuel and 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 (2g) or in a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB100-ASA1, s. 2414p Section 2414p. 78.015 (1) of the statutes is amended to read:

AB100-ASA1,1105,25 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 by an amount a rate adjustment factor that is obtained by multiplying the amount under sub. (2) by the amount under sub. (3) and multiplying that result by the amount under sub. (3m).

AB100-ASA1, s. 2414r Section 2414r. 78.015 (3m) of the statutes is created to read:

AB100-ASA1,1106,6 78.015 (3m) Divide the number of vehicle miles traveled in this state, as calculated by the department of transportation, during the year prior to the year during which the calculation is made by the number of vehicle miles traveled in this state, as calculated by the department of transportation, during the year 2 years prior to the year during which the calculation is made.

AB100-ASA1, s. 2414s Section 2414s. 78.017 of the statutes is created to read:

AB100-ASA1,1106,9 78.017 Adjustment in 1997. On September 1, 1997, the rate of the tax imposed under s. 78.01 (1) is increased by one cent.

AB100-ASA1, s. 1879 Section 1879. 78.09 (2) of the statutes is amended to read:

AB100-ASA1,1106,15 78.09 (2) To procure a license, a supplier who holds a valid certificate issued under s. 73.03 (50) shall file with the department an application prescribed and furnished by the department and verified signed by the owner of the business if the owner is an individual, partnership or unincorporated association or by the president and secretary if the owner is a corporation.