Amendment ASA1-AB133

AB133-ASA1, s. 1812L Section 1812L. 77.265 (10) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

AB133-ASA1, s. 1815 Section 1815. 77.60 (2) (intro.) of the statutes is amended to read:

AB133-ASA1,954,8 77.60 (2) (intro.) Delinquent sales and use tax returns shall be subject to a $10 $20 late filing fee unless the return was not timely filed because of the death of the person required to file or unless the return was not timely filed because of a reasonable due to good cause and not because of due to neglect. The fee shall not apply if the department has failed to issue a seller's permit or a use tax registration within 30 days of the receipt of an application for a seller's permit or use tax registration accompanied by the fee established under s. 73.03 (50), if the person does not hold a valid certificate under s. 73.03 (50), and the security required under s. 77.61 (2) has not been placed with the department. Delinquent sales and use taxes shall bear interest at the rate of 1.5% per month until paid. The taxes imposed by this subchapter shall become delinquent if not paid:

AB133-ASA1, s. 1815g Section 1815g. 77.63 of the statutes is created to read:

AB133-ASA1,954,18 77.63 Agreements with direct marketers. (1) (a) The department of revenue may enter into agreements with out-of-state direct marketers to collect the sales tax and the use tax imposed under this subchapter at the rate imposed under this subchapter plus the rate imposed under subch. V. An out-of-state direct marketer that collects the sales tax and the use tax under this section may retain 5% of the first $1,000,000 of the taxes collected in a year and 6% of the taxes collected in excess of $1,000,000 in a year. This section does not apply to an out-of-state direct marketer who is required to collect the sales tax and the use tax imposed under this subchapter and under subch. V.

AB133-ASA1,954,23 (b) Sections 77.58, 77.59 and 77.60, as they apply to the taxes imposed under this subchapter, apply to agreements under this section, except that the department of revenue may negotiate payment schedules and audit procedures with out-of-state direct marketers. The retailer's discount under s. 77.61 (4) (c) does not apply to agreements under this section.

AB133-ASA1,955,3 (2) Annually, by July 31, the department of revenue shall certify to the department of health and family services an amount equal to one-eleventh of the taxes collected under sub. (1) for grants to counties under s. 46.513.

AB133-ASA1, s. 1816 Section 1816. 77.76 (3) of the statutes is amended to read:

AB133-ASA1,955,21 77.76 (3) From the appropriation under s. 20.835 (4) (g) the department shall distribute 98.5% 98.25% of the county taxes reported for each enacting county, minus the county portion of the retailers' discounts, to the 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 "county 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 county sales and use taxes payable and the denominator of which is the sum of the gross state and county sales and use taxes payable. The county taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the county taxes previously distributed. Interest paid on refunds of county sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (g) at the rate paid by this state under s. 77.60 (1) (a). The county may retain the amount it receives or it may distribute all or a portion of the amount it receives to the towns, villages, cities and school districts in the county. Any 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).

AB133-ASA1, s. 1817 Section 1817. 77.76 (4) of the statutes is amended to read:

AB133-ASA1,956,3 77.76 (4) There shall be retained by the state 1.5% of the taxes collected under this subchapter for taxes imposed by special districts under s. 77.705 and 1.75% of the taxes collected for taxes imposed by counties under s. 77.70 to cover costs incurred by the state in administering, enforcing and collecting the tax. All interest and penalties collected shall be deposited and retained by this state in the general fund.

AB133-ASA1, s. 1817d Section 1817d. 77.982 (3) of the statutes is amended to read:

AB133-ASA1,956,15 77.982 (3) From the appropriation under s. 20.835 (4) (gg), the department of revenue shall distribute 97% 98.25% of the taxes collected under this subchapter for each district to that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments. Interest paid on refunds of the tax under this subchapter shall be paid from the appropriation under s. 20.835 (4) (gg) at the rate under s. 77.60 (1) (a). Those taxes may be used only for the district's debt service on its bond obligations. Any district that receives a report along with a payment under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB133-ASA1, s. 1817g Section 1817g. 77.991 (3) of the statutes is amended to read:

AB133-ASA1,957,2 77.991 (3) From the appropriation under s. 20.835 (4) (gg), the department of revenue shall distribute 97% 98.25% of the taxes collected under this subchapter for each district to that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments. Interest paid on refunds of the tax under this subchapter shall be paid from the appropriation under s. 20.835 (4) (gg) at the rate under s. 77.60 (1) (a). Those taxes may be used only for the district's debt service on its bond obligations. Any district that receives a report along with a payment under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB133-ASA1, s. 1818 Section 1818. 77.996 (2) (i) of the statutes is created to read:

AB133-ASA1,957,4 77.996 (2) (i) Formal wear rental firms.

AB133-ASA1, s. 1818c Section 1818c. 77.996 (4) of the statutes is created to read:

AB133-ASA1,957,7 77.996 (4) "Formal wear" includes tuxedos, suits and dresses, but does not include costumes, table linens or household fabrics.

AB133-ASA1, s. 1818cm Section 1818cm. 77.996 (5) of the statutes is created to read:

AB133-ASA1,957,11 77.996 (5) "Formal wear rental firm" means a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public.

AB133-ASA1, s. 1818d Section 1818d. 77.9961 (1) of the statutes is amended to read:

AB133-ASA1,957,19 77.9961 (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 shall be paid in instalments, as provided in sub. (2), and each instalment is equal to 1.8% of the previous year's gross receipts from the previous 3 months from dry cleaning apparel and household fabrics, but not from formal wear the facility rents to the general public.

AB133-ASA1, s. 1818f Section 1818f. 77.9961 (2) of the statutes is amended to read:

AB133-ASA1,958,3 77.9961 (2) Persons who owe a fee under this section shall pay it in instalments on or before April 25, July 25, October 25 and January 15 25. The department shall issue a license to each person who pays the fee January 25 instalment and the previous 3 instalments and submits the form under this section. The license is valid through December 31 of for the year during in which the fee January 25 instalment 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.

AB133-ASA1, s. 1818g Section 1818g. 77.9961 (4) of the statutes is renumbered 77.9961 (4) (a).

AB133-ASA1, s. 1818h Section 1818h. 77.9961 (4) (b) of the statutes is created to read:

AB133-ASA1,958,9 77.9961 (4) (b) Any person who operates a dry cleaning facility and who pays an instalment under sub. (2) after the instalment is due shall pay to the department a penalty of $5 for each day from the date that the instalment is due to the date that the instalment is paid.

AB133-ASA1, s. 1818L Section 1818L. 77.9964 (4) of the statutes is created to read:

AB133-ASA1,958,14 77.9964 (4) The department shall reimburse the owner or operator of a formal wear rental firm an amount equal to the sum of any fees paid by the owner or operator under s. 77.9961 (1) prior to the effective date of this subsection .... [revisor inserts date].

AB133-ASA1, s. 1818m Section 1818m. 84.01 (30) (g) of the statutes is created to read:

AB133-ASA1,958,19 84.01 (30) (g) If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under ss. 84.25 (11) and 86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of ss. 84.25 (11) and 86.19 (1).

AB133-ASA1, s. 1819 Section 1819. 84.013 (3) (zb) of the statutes is created to read:

AB133-ASA1,958,22 84.013 (3) (zb) USH 41 extending from 1.5 miles south of Frog Pond Road in Oconto County to 1.3 miles north of Schacht Road in Marinette County.

AB133-ASA1, s. 1819c Section 1819c. 84.013 (4) (a) of the statutes is amended to read:

AB133-ASA1,959,3 84.013 (4) (a) In Subject to s. 13.489 (1m), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).

AB133-ASA1, s. 1819d Section 1819d. 84.013 (4) (b) of the statutes is amended to read:

AB133-ASA1,959,10 84.013 (4) (b) The department may not, within any 6-year period, construct a highway project consisting of separate contiguous projects which do not individually qualify as major highway projects but which in their entirety would constitute a major highway project without first submitting the project to the transportation projects commission for its recommendations and report and without specific authorization under sub. (3), except as provided in par. (c) and sub. (6).

AB133-ASA1, s. 1819e Section 1819e. 84.013 (4) (c) of the statutes is created to read:

AB133-ASA1,959,17 84.013 (4) (c) The department may construct highway projects involving STH 59 between STH 164 on the eastern edge of the city of Waukesha and Calhoun Road in Waukesha County and STH 59 from Calhoun Road to the Waukesha County line in Waukesha County without first submitting the projects to the transportation projects commission for its recommendations and report and without specific authorization under sub. (3).

AB133-ASA1, s. 1819m Section 1819m. 84.1044 of the statutes is created to read:

AB133-ASA1,959,24 84.1044 John R. Plewa Memorial Lake Parkway. The department shall designate and mark I 794 and STH 794 in Milwaukee County commencing from the Daniel Webster Hoan Memorial Bridge and proceeding southerly to the intersection with East Layton Avenue as the "John R. Plewa Memorial Lake Parkway" in recognition and appreciation of the life of John R. Plewa and his public service as a member of the Wisconsin legislature for more than 20 years.

AB133-ASA1, s. 1820 Section 1820. 84.106 of the statutes is created to read:

AB133-ASA1,960,7 84.106 Scenic byways program. (1) Designation. The department shall develop, implement and administer a program to designate highways, as defined in s. 340.01 (22), or portions of highways in this state that have outstanding scenic, historic, cultural, natural, recreational or archeological qualities as scenic byways. The department may seek designation by the federal government of a highway designated as a scenic byway under this section as a national scenic byway or as an All-American Road.

AB133-ASA1,960,9 (2) Rules. The department shall promulgate rules under this section consistent with 23 USC 162 and regulations established under that section.

AB133-ASA1, s. 1820k Section 1820k. 84.11 (5n) of the statutes is created to read:

AB133-ASA1,960,13 84.11 (5n) Design-build contracts. (a) In this subsection, "design-build contract" means a contract for a project under which the engineering, design and construction services are provided by a single entity.

AB133-ASA1,960,19 (b) Notwithstanding any other provision of this section and ss. 84.01 (13) and 84.06 (2), the department may enter into a design-build contract for the design and construction of a bridge for which funding is provided under s. 84.11 (5), 1993 stats., and for which no contract for construction is awarded before May 1, 1999. The department may enter into a contract under this paragraph only if all of the following conditions are met:

AB133-ASA1,960,24 1. The design-build contract is awarded through a competitive selection process that utilizes, at a minimum, contractor qualifications, quality, completion time and cost as award criteria. In order to be eligible to participate in the selection process, the contractor must be prequalified by the department as a design consultant and as a contractor.

AB133-ASA1,961,4 2. The design-build contract is approved by the secretary of the federal department of transportation under an experimental program described under section 1307 (d) of P.L. 105-178 pursuant to the authority granted under section 1307 (e) of P.L. 105-178.

AB133-ASA1,961,5 3. The design-build contract is approved by the governor.

AB133-ASA1,961,9 (c) No later than 5 years after the effective date of this paragraph .... [revisor inserts date], the department shall submit a report to the governor, and to the legislature under s. 13.172 (2), describing the effectiveness of the design-build process contracting procedures under this subsection.

AB133-ASA1, s. 1820L Section 1820L. 84.11 (5r) of the statutes is created to read:

AB133-ASA1,961,16 84.11 (5r) Milwaukee 6th street viaduct cost sharing. Notwithstanding sub. (5m), the costs for any project governed by an agreement that is in effect before June 30, 1993, for which funding is provided under s. 84.11 (5), 1993 stats., and for which no contract for construction is awarded before May 1, 1999, shall be paid as specified in an agreement entered into on or after April 20, 1999, by the city and county in which the bridge is wholly located and this state.

AB133-ASA1, s. 1820m Section 1820m. 84.185 (10) of the statutes is created to read:

AB133-ASA1,961,19 84.185 (10) Priority of brownfields. The department shall promote the program under this section as required under s. 85.61.

AB133-ASA1, s. 1820n Section 1820n. 84.25 (11) of the statutes is amended to read:

AB133-ASA1,962,2 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of workforce development and operated by blind or visually impaired persons, or a commercial enterprise exempted from this subsection by an agreement under s. 84.01 (30) (g), shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB133-ASA1, s. 1821 Section 1821. 84.30 (2m) of the statutes is created to read:

AB133-ASA1,962,7 84.30 (2m) Conditional uses and special exceptions not considered. No uses of real property that are authorized by special zoning permission, including uses by conditional use, special exception, zoning variance or conditional permit, may be considered when determining whether the area is a business area.

AB133-ASA1, s. 1822 Section 1822. 84.30 (3) (c) (intro.) of the statutes is amended to read:

AB133-ASA1,962,18 84.30 (3) (c) (intro.) Signs advertising activities conducted on the property on which they are located if such on-property signs comply with applicable federal law and the June 1961 agreement between the department and the federal highway administrator relative to control of advertising adjacent to interstate highways. Additionally, any such sign located outside the incorporated area of a city or village shall comply with the following criteria No on-property sign may be erected in a location where it constitutes a traffic hazard. If the department issues permits for outdoor advertising signs, the department is not required to issue permits for on-property signs that conform to the requirements of this paragraph. On-property signs may be illuminated, subject to the following restrictions:

AB133-ASA1, s. 1823 Section 1823. 84.30 (3) (c) 1. to 3. of the statutes are repealed and recreated to read:

AB133-ASA1,962,23 84.30 (3) (c) 1. Signs which contain, include or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except electronic signs permitted by rule of the department.

AB133-ASA1,963,3 2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

AB133-ASA1,963,5 3. No sign may be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

AB133-ASA1, s. 1824 Section 1824. 84.30 (3) (c) 5. of the statutes is repealed.

AB133-ASA1, s. 1824f Section 1824f. 84.30 (10m) of the statutes is created to read:

AB133-ASA1,963,13 84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code.

AB133-ASA1, s. 1825 Section 1825. 84.59 (2) of the statutes is amended to read:

AB133-ASA1,963,20 84.59 (2) The department may, under s. 18.56 (5) and (9) (j) 18.561 or 18.562, deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under s. 341.25. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section.

AB133-ASA1, s. 1826 Section 1826. 84.59 (6) of the statutes is amended to read:

AB133-ASA1,964,10 84.59 (6) Revenue obligations may be contracted by the The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue Except as provided in this subsection, the principal amount of revenue obligations issued under this section shall may not exceed $1,348,058,900 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $1,255,499,900 of the $1,348,058,900 may $1,440,665,900 and may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

AB133-ASA1, s. 1828m Section 1828m. 85.021 of the statutes is created to read:

AB133-ASA1,964,16 85.021 Long-range transportation plans. (1) In this section, "long-range transportation plan" means a plan for the development or maintenance of airports, highways, bicycle and pedestrian facilities, railroads, railroad facilities, harbor facilities, harbors or mass transit systems that covers a time period of more than 6 years.

AB133-ASA1,965,3 (2) If the department proposes to adopt a long-range transportation plan the secretary shall, prior to the department's adoption of the plan, submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may adopt the plan. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may adopt the plan only upon approval of the committee. If the committee directs the department to reconsider parts of the plan, the department may adopt the plan only after reconsidering the plan, resubmitting a revised plan to the committee and receiving the committee's approval.

AB133-ASA1, s. 1830 Section 1830. 85.024 (2) of the statutes is amended to read:

AB133-ASA1,965,13 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.

AB133-ASA1, s. 1830g Section 1830g. 85.026 (2) of the statutes is amended to read:

AB133-ASA1,965,19 85.026 (2) Program. The Subject to s. 85.61, the department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx).

AB133-ASA1, s. 1830h Section 1830h. 85.05 of the statutes is amended to read:

AB133-ASA1,966,3 85.05 Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4).

AB133-ASA1, s. 1830j Section 1830j. 85.055 of the statutes is created to read:

AB133-ASA1,966,7 85.055 Passenger railroad station improvements. (1) In this section, "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

AB133-ASA1,966,14 (2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33% of the cost of the project or $60,000, whichever is less.

AB133-ASA1,966,17 (3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.

AB133-ASA1,966,18 (4) The department shall promulgate rules to administer the program.

AB133-ASA1, s. 1830p Section 1830p. 85.07 (7) of the statutes is renumbered 85.07 (7) (a).

AB133-ASA1, s. 1830q Section 1830q. 85.07 (7) (b) of the statutes is created to read: