AB941-ASA2, s. 3
13Section
3. 20.395 (2) (dr) of the statutes is created to read:
AB941-ASA2,3,214
20.395
(2) (dr)
Aeronautical activities, state funds. All moneys received from
15taxes on air carrier companies under ch. 76, from aircraft registration fees under s.
16114.20, from general aviation fuel taxes under subch. III of ch. 78, from sales and use
17taxes on noncommercial aircraft as determined under s. 77.65 and from any other
18tax or fee received from an aeronautical activity and deposited in the transportation
19fund, except moneys appropriated under pars. (dv) and (dx) and sub. (4) (es), and all
20moneys transferred under 1999 Wisconsin Act .... (this act), section 14 (1
), for the
21purposes of the state's share of airport projects under ss. 114.34 and 114.35; for
22developing air marking and other air navigational facilities; for administration of the
23powers and duties of the secretary of transportation under s. 114.31; for costs
24associated with aeronautical activities under s. 114.31, except for the program under
1s. 114.31 (3) (b); and for the administration of other aeronautical activities, except
2aircraft registration under s. 114.20, authorized by law.
AB941-ASA2, s. 4
3Section
4. 20.395 (2) (dt) of the statutes is created to read:
AB941-ASA2,3,174
20.395
(2) (dt)
Aeronautical activities supplement, state funds. A sum sufficient
5in each fiscal year equal to one-half of the difference between $11,800,000 and the
6amounts received under par. (dr) during the preceding fiscal year, or equal to
7$650,000, whichever is less, for the purposes of the state's share of airport projects
8under ss. 114.34 and 114.35; for developing air marking and other air navigational
9facilities; for administration of the powers and duties of the secretary of
10transportation under s. 114.31; for costs associated with aeronautical activities
11under s. 114.31, except for the program under s. 114.31 (3) (b); and for the
12administration of other aeronautical activities, except aircraft registration under s.
13114.20, authorized by law. No moneys may be encumbered from this appropriation
14for any fiscal year in excess of the amounts encumbered from the appropriation
15under par. (dc) for that fiscal year. No moneys may be encumbered from this
16appropriation for any fiscal year if the amounts received under par. (dr) during the
17previous fiscal year are equal to or greater than $11,800,000.
AB941-ASA2, s. 5
18Section
5. 20.395 (4) (aq) of the statutes is amended to read:
AB941-ASA2,4,519
20.395
(4) (aq)
Departmental management and operations, state funds. The
20amounts in the schedule for departmental planning and administrative activities
21and the administration and management of departmental programs except those
22programs under subs. (2) (bq), (cq)
and (dq), (dc), (dr) and (dt) and (3) (iq), including
23those activities in s. 85.07 and including not less than $220,000 in each fiscal year
24to reimburse the department of justice for legal services provided the department
25under s. 165.25 (4) (a) and including activities related to the demand management
1and ride-sharing program under s. 85.24 that are not funded from the appropriation
2under sub. (1) (bs), (bv) or (bx), the minority civil engineer scholarship and loan
3repayment incentive grant program under s. 85.107, the Type 1 motorcycle, moped
4and motor bicycle safety program under s. 85.30 and to match federal funds for mass
5transit planning.
AB941-ASA2, s. 6
6Section
6. 20.395 (9) (rd) of the statutes is amended to read:
AB941-ASA2,4,117
20.395
(9) (rd)
Airport construction major cost carry-over. When an airport
8development project is approved by the governor under s. 114.33 (3), the moneys
9allocated for the project from sub. (2)
(dq) (dc), (dr) and (dt) shall be considered
10encumbered and carried-over to subsequent years to meet the state's share of the
11project.
AB941-ASA2,4,1814
20.395
(9) (td)
Real estate major cost carry-over. Subject to s. 86.255, when a
15highway, airport or railroad land acquisition project is approved by the secretary
16under s. 84.09, 85.09 or 114.33, the moneys allocated for the project from subs. (2)
17(bq),
(dq) (dc), (dr), (dt) and (eq) and (3) (bq), (cq) and (eq) may be considered
18encumbered.
AB941-ASA2, s. 8
19Section
8. 25.40 (1) (cd) of the statutes is created to read:
AB941-ASA2,4,2120
25.40
(1) (cd) Taxes on the sale and use of noncommercial aircraft under ch. 77
21as determined under s. 77.65.
AB941-ASA2,4,2323
70.11
(40) Hub facility. (a) In this subsection:
AB941-ASA2,5,3
11. "Air carrier company" means any person engaged in the business of
2transportation in aircraft of persons or property for hire on regularly scheduled
3flights. In this subdivision, "aircraft" has the meaning given in s. 76.02 (1).
AB941-ASA2,5,44
2. "Hub facility" means any of the following:
AB941-ASA2,5,95
a. A facility at an airport from which an air carrier company operated at least
645 common carrier departing flights each weekday in the prior year and from which
7it transported passengers to at least 15 nonstop destinations, as defined by rule by
8the department of revenue, or transported cargo to nonstop destinations, as defined
9by rule by the department of revenue.
AB941-ASA2,5,1310
b. An airport or any combination of airports in this state from which an air
11carrier company cumulatively operated at least 20 common carrier departing flights
12each weekday in the prior year, if the air carrier company's headquarters, as defined
13by rule by the department of revenue, is in this state.
AB941-ASA2,5,1514
(b) Property owned by an air carrier company that operates a hub facility in this
15state, if the property is used in the operation of the air carrier company.
AB941-ASA2,5,2217
76.02
(1) "Air carrier company" means any person engaged in the business of
18transportation in aircraft of persons or property for hire on regularly scheduled
19flights
, except an air carrier company whose property is exempt from taxation under
20s. 70.11 (40) (b). In this subsection, "aircraft" means a completely equipped operating
21unit, including spare flight equipment, used as a means of conveyance in air
22commerce.
AB941-ASA2,6,5
2477.65 Determination of sales and use tax receipts for aeronautical
25activities. By July 1, 2003, and every July 1 thereafter, for purposes of determining
1an amount for funding aeronautical activities
under s. 20.395 (2) (dr) for the next
2fiscal year, the department shall determine, and deposit in the transportation fund,
3the total amount of the sales tax and use tax, as imposed under ss. 77.52 and 77.53,
4paid in the immediately preceding calendar year on the sale and use of
5noncommercial aircraft.
AB941-ASA2,6,87
78.55
(1) "Air carrier company" has the meaning given in s.
76.02 (1) 70.11 (40)
8(a) 1.
AB941-ASA2,7,210
(1)
Airport financing committee. There is created an airport financing
11committee consisting of members appointed by the governor. The governor shall
12appoint members representing the department of transportation, the department of
13commerce, airport managers, airlines serving this state, the general aviation
14community, the people of this state, and private businesses having an interest in
15transportation policy and financing. The committee shall review and evaluate this
16state's airport system needs and the current system of funding those needs and shall
17recommend changes, if any, to better meet those needs. The committee shall
18evaluate, among other things: aircraft registration fees; aviation fuel taxes and fees;
19allocation of sales tax receipts from the sale of aircraft, parts and services to the
20appropriation account under section 20.395 (2) (dr) of the statutes, as created by this
21act, and allocation of other moneys to that appropriation account. The committee's
22recommendations, if any, should, if enacted, generate revenue in amounts equal to
23or greater than the sum of moneys appropriated for aeronautical activities in fiscal
24year 2001. Not later than December 31, 2000, the committee shall submit a report
25containing the committee's evaluation, findings and recommendations to the
1governor, and to the legislature in the manner provided under section 13.172 (2) of
2the statutes.
AB941-ASA2,7,74
(1)
The unencumbered balance of the appropriation to the department of
5transportation under section 20.395 (2) (dq) of the statutes immediately before the
6effective date of this subsection is transferred to the appropriation account under
7section 20.395 (2) (dr) of the statutes, as created by this act.
AB941-ASA2,7,109
(1)
Hub facility. The treatment of sections 70.11 (40), 76.02 (1) and 78.55 (1)
10of the statutes first applies to the property tax assessments as of January 1, 2001.
AB941-ASA2,7,1311
(2)
Revenues received from ad valorem tax on air carriers. The treatment of
12section 20.395 (2) (dr) of the statutes first applies to moneys received from taxes and
13fees on July 1, 2003.
AB941-ASA2, s. 16
14Section
16.
Effective dates. This act takes effect on the day after publication,
15except as follows:
AB941-ASA2,7,1716
(1)
The treatment of section 20.395 (2) (dc), (dq), (dr) and (dt) of the statutes
17and
Section 14
(1) of this act take effect on July 1, 2003.