Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,183,5 650. Page 1098, line 6: delete "III" and substitute "V".

AB100-ASA1-AA1,183,9 651. Page 1098, line 9: delete that line and substitute "distribute 97% of the taxes under this subchapter reported, for periods beginning before January 1, 2000, for each municipality or county that has imposed the tax; and 98.7% of the taxes reported, for periods beginning on or after January 1, 2000, for each municipality".

AB100-ASA1-AA1,183,11 652. Page 1099, line 6: delete "2%" and substitute "3%, or 5% for the rental of limousines,".

AB100-ASA1-AA1,183,24 653. Page 1099, line 16: after "(9a)." insert "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.".

AB100-ASA1-AA1,184,1 654. Page 1103, line 15: after that line insert:

AB100-ASA1-AA1,184,2 " Section 2411m. 78.005 (13b) of the statutes is created to read:

AB100-ASA1-AA1,184,5 78.005 (13b) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of payment or another destination, use that other method or submit to that other destination.".

AB100-ASA1-AA1,184,7 655. Page 1103, line 19: delete the material beginning with that line and ending with page 1104, line 7.

AB100-ASA1-AA1,184,9 656. Page 1104, line 20: delete the material beginning with that line and ending with page 1105, line 6.

AB100-ASA1-AA1,184,10 657. Page 1105, line 7: delete lines 7 to 9.

AB100-ASA1-AA1,184,11 658. Page 1105, line 21: after that line insert:

AB100-ASA1-AA1,184,12 " Section 2416m. 78.10 (1) of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,184,19 78.10 (1) Application. Application for a license to receive motor vehicle fuel under s. 78.07 shall be made upon a form prepared and furnished by the department and, in the case of a supplier, the form shall be accompanied by a copy of the applicant's license under 26 USC 4101. The application shall be subscribed by the applicant and shall contain the information that the department reasonably requires for the administration of this subchapter. Only a person who holds a valid certificate under s. 73.03 (50) may apply for a license under this subsection.

AB100-ASA1-AA1, s. 2416n Section 2416n. 78.10 (2) of the statutes is created to read:

AB100-ASA1-AA1,185,2 78.10 (2) Investigation. The department shall investigate each applicant under sub. (1). No license shall be issued if the department deems that the applicant does not hold a valid certificate under s. 73.03 (50), the application is not filed in good faith, the applicant is not the real party in interest and the license of the real party in interest has been revoked for cause, or other reasonable cause for nonissuance exists.

AB100-ASA1-AA1, s. 2416p Section 2416p. 78.10 (3) of the statutes is created to read:

AB100-ASA1-AA1,185,6 78.10 (3) Hearing. Before refusing to issue a license, the department shall grant the applicant a hearing, of which the applicant shall be given at least 5 days' written notice.

AB100-ASA1-AA1, s. 2416q Section 2416q. 78.10 (4) of the statutes is created to read:

AB100-ASA1-AA1,185,9 78.10 (4) Issue. If the application and the bond under s. 78.11, if that bond is required, are approved, the department shall issue a license.".

AB100-ASA1-AA1,185,10 659. Page 1106, line 5: delete lines 5 to 10.

AB100-ASA1-AA1,185,11 660. Page 1106, line 11: after "is" insert "renumbered 78.12 (5) and".

AB100-ASA1-AA1,185,13 661. Page 1106, line 12: delete "78.12 (5) (a)" and substitute "78.12 (5) Payment of tax.".

AB100-ASA1-AA1,185,14 662. Page 1107, line 3: delete lines 3 to 6 and substitute:

AB100-ASA1-AA1,185,15 " Section 2420r. 78.12 (5) (b) of the statutes is repealed.".

AB100-ASA1-AA1,185,17 663. Page 1109, line 2: delete "under s. ss. 78.405 and 78.407" and substitute "under s. 78.405".

AB100-ASA1-AA1,185,18 664. Page 1109, line 14: after that line insert:

AB100-ASA1-AA1,185,19 " Section 2428g. 78.405 of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,185,21 78.405 Annual adjustment of the tax rate. (1) Before April 1, the department annually shall calculate the rate for the tax under s. 78.40 as follows:

AB100-ASA1-AA1,185,23 (a) Determine the standard number of British thermal units per gallon generated by gasoline.

AB100-ASA1-AA1,186,2 (b) Determine the standard number of British thermal units per gallon generated by each kind of alternate fuel that is sold in this state.

AB100-ASA1-AA1,186,4 (c) For each kind of alternate fuel sold in this state, divide the result under par. (b) by the result under par. (a).

AB100-ASA1-AA1,186,7 (d) For each kind of alternate fuel sold in this state, multiply the result under par. (c), expressed as a decimal, by the rate for the tax under s. 78.01 as adjusted for the current year under s. 78.015.

AB100-ASA1-AA1,186,9 (2) The rates determined under sub. (1) are effective on the April 1 after they are calculated.".

AB100-ASA1-AA1,186,10 665. Page 1109, line 15: delete lines 15 to 17.

AB100-ASA1-AA1,186,11 666. Page 1109, line 17: after that line insert:

AB100-ASA1-AA1,186,12 " Section 2428p. 78.47 of the statutes is amended to read:

AB100-ASA1-AA1,186,20 78.47 Alternate fuels license. No person may act as an alternate fuels dealer in this state unless the person holds a valid alternate fuels license issued by the department and a valid certificate under s. 73.03 (50). Except for alternate fuel which is delivered by an alternate fuels dealer into a fuel supply tank of any motor vehicle in this state, no person may use an alternate fuel in this state unless the person holds a valid alternate fuel license issued by the department or unless the alternate fuel has been delivered by a supplier who is authorized under s. 78.40 (1) to report and pay the tax on behalf of the user or retailer.

AB100-ASA1-AA1, s. 2428r Section 2428r. 78.48 (1) of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,187,2 78.48 (1) Application. Application for an alternate fuels license shall be made upon a form prepared and furnished by the department. It shall be subscribed by the applicant and shall contain the information that the department reasonably requires for the administration of this subchapter. Only a person who holds a valid certificate under s. 73.03 (50) may apply for a license under this subsection.

AB100-ASA1-AA1, s. 2428t Section 2428t. 78.48 (2) of the statutes is created to read:

AB100-ASA1-AA1,187,9 78.48 (2) Investigation. The department shall investigate each applicant under sub. (1). No license may be issued if the department deems that the applicant does not hold a valid certificate under s. 73.03 (50), the application is not filed in good faith, the applicant is not the real party in interest and the license of the real party in interest has been revoked for cause, or other reasonable cause for nonissuance exists.

AB100-ASA1-AA1, s. 2428u Section 2428u. 78.48 (3) of the statutes is created to read:

AB100-ASA1-AA1,187,13 78.48 (3) Hearing. Before refusing to issue a license, the department shall grant the applicant a hearing, of which the applicant shall be given at least 5 days' written notice.

AB100-ASA1-AA1, s. 2428v Section 2428v. 78.48 (4) of the statutes is created to read:

AB100-ASA1-AA1,187,17 78.48 (4) Issue. If the application and the bond under sub. (9), if that bond is required, are approved, the department shall issue a license in as many copies as the licensee has places of business for which an alternate fuels license is required.".

AB100-ASA1-AA1,187,18 667. Page 1110, line 6: after that line insert:

AB100-ASA1-AA1,187,19 " Section 2429g. 78.49 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,187,24 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 filed on or before the last 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).".

AB100-ASA1-AA1,188,1 668. Page 1110, line 13: after that line insert:

AB100-ASA1-AA1,188,2 " Section 2431m. 78.55 (5m) of the statutes is created to read:

AB100-ASA1-AA1,188,5 78.55 (5m) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of payment or another destination, use that other method or submit to that other destination.".

AB100-ASA1-AA1,188,7 669. Page 1110, line 17: delete the material beginning with that line and ending with page 1111, line 3.

AB100-ASA1-AA1,188,8 670. Page 1111, line 3: after that line insert:

AB100-ASA1-AA1,188,9 " Section 2432p. 78.56 of the statutes is amended to read:

AB100-ASA1-AA1,188,13 78.56 General aviation fuel license. No person may act as a general aviation fuel dealer in this state unless the person is the holder of a valid general aviation fuel license issued to the person by the department and is the holder of a valid certificate under s. 73.03 (50).

AB100-ASA1-AA1, s. 2432q Section 2432q. 78.57 (1) of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,188,19 78.57 (1) Application. Application for a general aviation fuel license shall be made on a form prepared and furnished by the department. It shall be subscribed by the applicant and shall contain the information that the department reasonably requires for the administration of this chapter. Only a person who holds a valid certificate under s. 73.03 (50) may apply for a license under this subsection.

AB100-ASA1-AA1, s. 2432r Section 2432r. 78.57 (2) of the statutes is created to read:

AB100-ASA1-AA1,188,23 78.57 (2) Investigation. The department shall investigate each applicant under sub. (1). No license may be issued if the department determines any of the following:

AB100-ASA1-AA1,188,24 (a) That the application was not filed in good faith.

AB100-ASA1-AA1,189,2 (b) That the applicant is not the real party in interest and the license of the real party in interest has been revoked for cause.

AB100-ASA1-AA1,189,3 (c) That the applicant does not hold a valid certificate under s. 73.03 (50).

AB100-ASA1-AA1,189,4 (d) That other reasonable cause for nonissuance exists.

AB100-ASA1-AA1, s. 2432s Section 2432s. 78.57 (3) of the statutes is created to read:

AB100-ASA1-AA1,189,8 78.57 (3) Hearing. Before refusing to issue a license, the department shall grant the applicant a hearing, of which he or she shall be given at least 5 days' advance written notice.

AB100-ASA1-AA1, s. 2432t Section 2432t. 78.57 (4) of the statutes is created to read:

AB100-ASA1-AA1,189,12 78.57 (4) Issue. If the application and the bond under sub. (9), if that bond is required, are approved, the department shall issue a license in as many copies as the licensee has places of business for which a general aviation fuel license is required.".

AB100-ASA1-AA1,189,13 671. Page 1111, line 18: after that line insert:

AB100-ASA1-AA1,189,14 " Section 2433c. 78.58 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,189,18 78.58 (1) (b) The department may allow a licensee whose tax liability is less than or equal to $500 per quarter to file on a quarterly basis. The licensee shall mail file the quarterly report for the next preceding quarter to the department on or before the 20th day of each quarter.".

AB100-ASA1-AA1,189,20 672. Page 1111, line 19: delete the material beginning with that line and ending with page 1112, line 4, and substitute:

AB100-ASA1-AA1,189,21 " Section 2434b. 78.58 (3) of the statutes is repealed and recreated to read:".

AB100-ASA1-AA1,189,22 673. Page 1116, line 9: after that line insert:

AB100-ASA1-AA1,189,23 " Section 2444m. 78.77 (1) of the statutes is amended to read:

AB100-ASA1-AA1,190,18 78.77 (1) No person may transport motor vehicle fuel, general aviation fuel or alternate fuels by truck, trailer, semitrailer or other vehicle on any highway in this state from a point without this state to a point within this state, from a point within this state to a point without this state or for hire, as defined in s. 194.01 (4), unless each that person has a valid certificate under s. 73.03 (50) and is registered with the department and unless the registration number furnished by the department for the vehicle preceded by the letters W.D.R. is prominently displayed on the vehicle by painting the registration number on each side and on the rear of the vehicle in characters not less than 5 inches in height with a stroke not less than three-fourths inch in width. The registration is valid until it is suspended, revoked for cause or canceled. A registration is not transferable to another person or place of business. Application for registration shall be upon forms prescribed by the department and shall furnish such information concerning the applicant as the department requires. The application shall show the name and address of the applicant, a description of the truck, trailer, semitrailer or other vehicle, the license number and the state in which issued, the name and address of the licensee, the capacity in gallons of the fuel tank or tanks, the serial number of the trailer, semitrailer or other vehicle, and the serial and motor number of any truck.".

AB100-ASA1-AA1,190,19 674. Page 1116, line 17: after that line insert:

AB100-ASA1-AA1,190,20 " Section 2445m. 79.005 (3) of the statutes is amended to read:

AB100-ASA1-AA1,190,22 79.005 (3) "Production plant" also includes substations and facilities under s. 76.28 (1) (e) 5.".

AB100-ASA1-AA1,190,23 675. Page 1117, line 17: after that line insert:

AB100-ASA1-AA1,190,24 " Section 2448m. 79.04 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,191,23 79.04 (1) (a) An amount from the shared revenue account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a municipality in accordance with the system of accounts established by the public service commission or rural electrification administration or with the department of revenue's reporting requirements, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a municipality in any year shall not exceed $300 times the population of the municipality.

AB100-ASA1-AA1, s. 2448r Section 2448r. 79.04 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA1,193,6 79.04 (2) (a) Annually, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat or power company assessed under s. 76.28 (2), except property described in s. 66.069 (2) unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.073 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration or with the department of revenue's reporting requirements, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county.".

AB100-ASA1-AA1,193,7 676. Page 1120, line 9: after that line insert:

AB100-ASA1-AA1,193,8 " Section 2465hm. 83.013 (2) of the statutes is amended to read:

AB100-ASA1-AA1,193,14 83.013 (2) The department shall furnish each commission with traffic accident data and uniform traffic citation data for the rural, federal, state, and county highways in the jurisdictions represented in each commission, which shall identify the accident rates and arrest rates on their highways, in the form prescribed by the council on traffic law enforcement, and shall also furnish a suitable map for use in spotting accidents.".

AB100-ASA1-AA1,193,15 677. Page 1120, line 9: after that line insert:

AB100-ASA1-AA1,193,16 " Section 2465h. 81.01 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA1,193,21 81.01 (3) (b) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows: