Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,410,8 1067. Page 832, line 20: delete "allowed for state death taxes" and substitute "allowed for state death taxes".

SB55-SSA1-CA1,410,10 1068. Page 832, line 23: delete "allowed for state death taxes" and substitute "allowed for state death taxes".

SB55-SSA1-CA1,410,12 1069. Page 833, line 2: delete "allowed for state death taxes" and substitute "allowed for state death taxes".

SB55-SSA1-CA1,410,13 1070. Page 833, line 8: delete "chapter" and substitute "chapter,".

SB55-SSA1-CA1,410,14 1071. Page 833, line 9: delete "chapter," and substitute "chapter, with".

SB55-SSA1-CA1,410,16 1072. Page 833, line 13: delete the material beginning with "2001" and ending with "1," on line 14.

SB55-SSA1-CA1,410,17 1073. Page 836, line 24: after that line insert:

SB55-SSA1-CA1,410,18 " Section 2205n. 73.03 (57) of the statutes is created to read:

SB55-SSA1-CA1,411,2 73.03 (57) To include on the forms on which the artistic endowment credits are claimed, under ss. 71.07 (9t), 71.28 (9t), and 71.47 (9t), a statement that a taxpayer may contribute amounts to the artistic endowment fund under s. 25.78 that exceed the amount for which a credit may be claimed by reducing the taxpayer's refund or by increasing the taxpayer's payment for tax liability, with the proceeds to be deposited into the fund.".

SB55-SSA1-CA1,411,3 1074. Page 837, line 7: after that line insert:

SB55-SSA1-CA1,411,4 " Section 2207m. 73.06 (3) of the statutes is amended to read:

SB55-SSA1-CA1,411,20 73.06 (3) The department of revenue, through its supervisors of equalization, shall examine and test the work of assessors during the progress of their assessments and ascertain whether any of them is assessing property at other than full value or is omitting property subject to taxation from the roll. The department and such supervisors shall have the rights and powers of a local assessor for the examination of persons and property and for the discovery of property subject to taxation. If any property has been omitted or not assessed according to law, they shall bring the same to the attention of the local assessor of the proper district and if such local assessor shall neglect or refuse to correct the assessment they shall report the fact to the board of review. If it discovers errors in identifying or valuing property that is exempt under s. 70.11 (39) or (39m), the department shall change the specification of the property as taxable or exempt and shall change the value of the property. All disputes between the department, municipalities and property owners about the taxability or value of property that is reported under s. 79.095 (2) (a) or of the property under s. 70.995 (12r) shall be resolved by using the procedures under s. 70.995 (8).".

SB55-SSA1-CA1,411,21 1075. Page 838, line 25: after that line insert:

SB55-SSA1-CA1,411,22 " Section 2231m. 76.02 (6m) of the statutes is created to read:

SB55-SSA1-CA1,412,3 76.02 (6m) "Repair facility" means property on which a roundhouse, a repair shop, and a turntable are located and at which railcars and locomotives are built, maintained, and repaired.

SB55-SSA1-CA1, s. 2232d Section 2232d. 76.16 of the statutes is amended to read:

SB55-SSA1-CA1,412,20 76.16 Separate valuation of repair facilities, docks, piers, wharves, ore yards, elevators, car ferries and pipeline terminal facilities. After the property of a company is first valued as a whole, if any repair facilities, docks, ore yards, piers, wharves, grain elevators or car ferries used in transferring freight or passengers between cars and vessels or transfer of freight cars located on car ferries, or if any terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels shall be included in such valuation, then for the purpose of accounting to the proper taxation districts, the department shall make a separate valuation of each such repair facility, dock, ore yard, pier, wharf, grain elevator, including the approaches thereto, or car ferries and of each such terminal storage facility, dock, pipeline and pumping equipment. As used herein, an approach shall be an immediate access facility commencing at the switching point which leads primarily to the terminal facility. For the purpose of defining the pipeline terminal facilities affected by this section, such facilities shall begin where the incoming pipeline enters the terminal storage facility site used in the transfer of oil to vessels.

SB55-SSA1-CA1, s. 2232m Section 2232m. 76.24 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,413,4 76.24 (2) (a) All taxes paid by any railroad company derived from or apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators, and their approaches, or car ferries or terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels on the basis of the separate valuation provided for in s. 76.16, shall be distributed annually from the transportation fund to the towns, villages and cities in which they are located, pursuant to certification made by the department of revenue on or before August 15.".

SB55-SSA1-CA1,413,5 1076. Page 838, line 25: after that line insert:

SB55-SSA1-CA1,413,6 " Section 2231m. 76.025 (1) of the statutes is amended to read:

SB55-SSA1-CA1,413,18 76.025 (1) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, excluding property that is exempt from the property tax under s. 70.11 (39) and (39m), such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a). The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.".

SB55-SSA1-CA1,413,19 1077. Page 842, line 22: after "(39)" insert "and (39m)".

SB55-SSA1-CA1,413,20 1078. Page 843, line 5: after that line insert:

SB55-SSA1-CA1,413,21 " Section 2243b. 77.02 (1) of the statutes is amended to read:

SB55-SSA1-CA1,414,9 77.02 (1) Petition. The owner of an entire quarter quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way that may have been sold, may file with the department of natural resources forestry a petition stating that the owner believes the lands therein described are more useful for growing timber and other forest crops than for any other purpose, that the owner intends to practice forestry thereon, that all persons holding encumbrances thereon have joined in the petition and requesting that such lands be approved as "Forest Croplands" under this subchapter. Whenever any such land is encumbered by a mortgage or other indenture securing any issue of bonds or notes, the trustee named in such mortgage or indenture or any amendment thereto may join in such petition, and such action shall for the purpose of this section be deemed the action of all holders of such bonds or notes.

SB55-SSA1-CA1, s. 2243c Section 2243c. 77.02 (2) of the statutes is amended to read:

SB55-SSA1-CA1,415,8 77.02 (2) Notice of hearing, adjournment. Upon receipt of such petition the department of natural resources forestry shall investigate the same and shall file a listing of descriptions with the town chairperson. For petitions received prior to May 1, the department shall within the same calendar year cause a notice that such petition has been filed to be published as a class 3 notice, under ch. 985, in the newspaper having the largest general circulation in the county in which the lands are located, and notice by registered mail shall be given to the town clerk of any town in which the lands are located. Such notice shall contain the name of the petitioner, a description of the lands and a statement that any resident of or taxpayer in the town may within 15 days from the date of publication of the notice file a request with the department that it conduct a public hearing on the petition. Upon receipt of such a request the department shall conduct a public hearing on the petition. The department may conduct a public hearing on any petition without a request, if it deems it advisable to do so. Notice of the time and place of such hearing and a description, in specific or general terms, as the department deems advisable, of the property requested to be approved as "Forest Croplands" shall be given to persons making the request, the owner of such land and to the assessor of towns in which it is situated, by mail, at least one week before the day of hearing. The notice also shall be published as a class 1 notice, under ch. 985, in a newspaper having general circulation in the county in which such land is located, at least one week before the day of the hearing. Such hearing may be adjourned and no notice of the time and place of such adjourned hearing need be given, excepting the announcement thereof by the presiding officer at the hearing at which the adjournment is had.

SB55-SSA1-CA1, s. 2243d Section 2243d. 77.02 (3) of the statutes is amended to read:

SB55-SSA1-CA1,416,8 77.02 (3) Decision, copies. After receiving all the evidence offered at any hearing held on the petition and after making such independent investigation as it sees fit the department shall make its findings of fact and make and enter an order accordingly. If it finds that the facts give reasonable assurance that a stand of merchantable timber will be developed on such descriptions within a reasonable time, and that such descriptions are then held permanently for the growing of timber under sound forestry practices, rather than for agricultural, mineral, shoreland development of navigable waters, recreational, residential or other purposes, and that all persons holding encumbrances against such descriptions have in writing agreed to the petition, the order entered shall grant the request of the petitioner on condition that all unpaid taxes against said descriptions be paid within 30 days thereafter; otherwise the department of natural resources forestry shall deny the request of the petitioner. If the request of the petitioner is granted, a copy of such order shall be filed with the department of revenue, the supervisor of equalization and the clerk of each town, and the order shall be recorded with the register of deeds of each county, in which any of the lands affected by the order are located. The register of deeds shall record the entry, transfer or withdrawal of all forest croplands in a suitable manner on the county records. The register of deeds may collect recording fees under s. 59.43 (2) from the owner. Any order of the department relating to the entry of forest croplands issued on or before November 20 of any year shall take effect on January 1 of the following calendar year, but all orders issued after November 20 shall take effect on January 1 of the calendar year following the calendar year in which orders issued on or before November 20 would have been effective.

SB55-SSA1-CA1, s. 2243e Section 2243e. 77.03 of the statutes is amended to read:

SB55-SSA1-CA1,417,8 77.03 Taxation of forest croplands. After the filing and recording of the order with the officers under s. 77.02 (3) the lands described therein shall be "Forest Croplands", on which taxes shall thereafter be payable only as provided under this subchapter. The enactment of ss. 77.01 to 77.14, petition by the owner and the making of the order under s. 77.02 (3) shall constitute a contract between the state and the owner, running with the lands, for a period of 25 or 50 years at the election of the applicant at the time the petition is filed, unless withdrawn under s. 77.10, with privilege of renewal by mutual agreement between the owner and the state, whereby the state as an inducement to owners and prospective purchasers of forest croplands to come under ss. 77.01 to 77.14 agrees that, unless withdrawn under s. 77.10, no change in or repeal of ss. 77.01 to 77.14 shall apply to any land then accepted as forest croplands, except as the department of natural resources forestry and the owner may expressly agree in writing and except as provided in s. 77.17. If at the end of the contract period the land is not designated as managed forest land under subch. VI, the merchantable timber on the land shall be estimated by an estimator jointly agreed upon by the department of natural resources forestry and the owner, and if the department and the owner fail to agree on an estimator, the judge of the circuit court of the district in which the lands lie shall appoint a qualified forester, whose estimate shall be final, and the cost thereof shall be borne jointly by the department of natural resources forestry and the owner; and the 10% severance tax paid on the stumpage thereon in the same manner as if the stumpage had been cut. The owners by such contract consent that the public may hunt and fish on the lands, subject to such rules as the department of natural resources prescribes regulating hunting and fishing.

SB55-SSA1-CA1, s. 2243f Section 2243f. 77.04 (2) of the statutes is amended to read:

SB55-SSA1-CA1,418,2 77.04 (2) Tax per acre; payment; penalty. The "acreage share" shall be computed at the rate of 10 cents per acre on all lands entered prior to 1972. On all lands entered after December 31, 1971, the "acreage share" shall be computed every 10 years to the nearest cent by the department of revenue at the rate of 20 cents per acre multiplied by a ratio using the equalized value of the combined residential, commercial, manufacturing, agricultural, swamp, or waste and productive forest land classes under s. 70.32 (2) within the state in 1972 as the denominator, and using equalized value for these combined land classes in 1982 and every 10th year thereafter as the numerator. All owners shall pay to the taxation district treasurer the acreage share on each description on or before January 31. If the acreage share is not paid when due to the taxation district treasurer it shall be subject to interest and penalty as provided under ss. 74.11 (11), 74.12 (10) and 74.47. These lands shall be returned as delinquent and a tax certificate under subch. VII of ch. 74 shall be issued on them. After 2 years from the date of the issuance of a tax certificate, the county clerk shall promptly take a tax deed under ch. 75. On taking such deed the county clerk shall certify that fact and specify the descriptions to the department of natural resources forestry.

SB55-SSA1-CA1, s. 2243g Section 2243g. 77.05 of the statutes is amended to read:

SB55-SSA1-CA1,418,7 77.05 State contribution. The department of natural resources forestry shall pay before June 30 annually to the town treasurer, from the appropriation under s. 20.370 (5) (bv) 20.375 (2) (vm), 20 cents for each acre of land in the town that is described as forest croplands under this subchapter.

SB55-SSA1-CA1, s. 2243h Section 2243h. 77.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,418,22 77.06 (1) Cutting timber regulated. No person shall cut any merchantable wood products on any forest croplands where the forest crop taxes are delinquent nor until 30 days after the owner has filed with the department of natural resources forestry a notice of intention to cut, specifying by descriptions and the estimated amount of wood products to be removed and the proportion of present volume to be left as growing stock in the area to be cut. The department of natural resources forestry may require a bond executed by some surety company licensed in this state or other surety for such amount as may reasonably be required for the payment to the department of natural resources forestry of the severance tax hereinafter provided. The department, after examination of the lands specified, may prescribe the amount of forest products to be removed. Cutting in excess of the amount prescribed shall render the owner liable to double the severance tax prescribed in s. 77.06 (5) and subject to cancellation under s. 77.10. Merchantable wood products include all wood products except wood used for fuel by the owner.

SB55-SSA1-CA1, s. 2243i Section 2243i. 77.06 (2) of the statutes is amended to read:

SB55-SSA1-CA1,419,9 77.06 (2) Appraisal of timber, zones. Each year the department of natural resources forestry, at the time and place it shall fix and after such public notice as it deems reasonable, shall hold a public hearing. After the hearing the department shall make and file, open to public inspection, a determination of the reasonable stumpage values of the wood products usually grown in the several towns in which any forest croplands lie. A public hearing under this section shall be held prior to August 1 of each year and the determination of stumpage values made by the department of natural resources forestry shall take effect on November 1 of that year. If the department of natural resources forestry finds there is a material variance in the stumpage values in the different localities, it may fix separate zones and determine the values for each zone.

SB55-SSA1-CA1, s. 2243j Section 2243j. 77.06 (3) of the statutes is amended to read:

SB55-SSA1-CA1,419,15 77.06 (3) Revaluation. As to any locality or zone in which the department of natural resources forestry deems there has been no material variance from the preceding year in stumpage values, it may omit to make any new valuation in any year, in which event the last preceding valuation shall continue in force until changed in a succeeding year.

SB55-SSA1-CA1, s. 2243k Section 2243k. 77.06 (4) of the statutes is amended to read:

SB55-SSA1-CA1,420,3 77.06 (4) Cutting reported. Within 30 days after completion of cutting on any land description, but not more than one year after filing of the notice of intention to cut, the owner shall transmit to the department of natural resources forestry on forms provided by the department a written statement of the products so cut, specifying the variety of wood, kind of product, and quantity of each variety and kind as shown by the scale or measurement thereof made on the ground as cut, skidded, loaded, delivered, or by tree scale certified by a qualified forester when stumpage is sold by tree measurement. The department of natural resources forestry may accept such reports as sufficient evidence of the facts, or may either with or without hearing and notice of time and place thereof to such owner, investigate and determine the fact of the quantity of each variety and kind of product so cut during said periods preceding such reports.

SB55-SSA1-CA1, s. 2243L Section 2243L. 77.06 (5) of the statutes is amended to read:

SB55-SSA1-CA1,420,14 77.06 (5) Tax levy on right to cut timber. The department of natural resources forestry shall assess and levy against the owner a severance tax on the right to cut and remove wood products covered by reports under this section, at the rate of 10% of the value of the wood products based upon the stumpage value then in force. Upon making the assessment, the department of natural resources forestry shall mail a duplicate of the certificate by registered mail to the owner who made the report of cutting at the owner's last-known post-office address. The tax assessed is due and payable to the department of natural resources forestry on the last day of the next calendar month after mailing the certificate. The proceeds of the tax shall be paid into the forestry account of the conservation fund for distribution under s. 77.07 (3).

SB55-SSA1-CA1, s. 2243m Section 2243m. 77.07 (2) of the statutes is amended to read:

SB55-SSA1-CA1,420,24 77.07 (2) Penalty, collections. If any severance tax remain unpaid for 30 days after it becomes due, there shall then be added a penalty of 10%, and such tax and penalty shall thereafter draw interest at the rate of one per cent per month until paid. At the expiration of said 30 days the department of natural resources forestry shall report to the attorney general any unpaid severance tax, adding said penalty, and the attorney general shall thereupon proceed to collect the same with penalty and interest by suit against the owner and by attachment or other legal means to enforce the lien and by action on the bond mentioned in s. 77.06 (1), or by any or all such means.

SB55-SSA1-CA1, s. 2243n Section 2243n. 77.08 of the statutes is amended to read:

SB55-SSA1-CA1,421,9 77.08 Supplemental severance tax. At any time within one year after any cutting should have been reported, the department of natural resources forestry after due notice to the owner and opportunity to be heard, and on evidence duly made a matter of record, may determine whether the quantity of wood products cut from any such land, did in fact substantially exceed the amount on which the severance tax theretofore levied was based, and if so shall assess a supplemental severance tax which, in all respects, shall have the same force and effect as the former severance tax, except only it shall not be a lien on any property the title of which has passed to a purchaser for value without notice.

SB55-SSA1-CA1, s. 2243p Section 2243p. 77.09 (1) of the statutes is amended to read:

SB55-SSA1-CA1,421,14 77.09 (1) Any person who fails to report or shall intentionally make any false statement or report to the department of natural resources forestry required by s. 77.06 shall forfeit not more than $1,000. An action under this section shall not be a bar to a cancellation of entry and order of withdrawal under s. 77.10.

SB55-SSA1-CA1, s. 2243q Section 2243q. 77.10 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,422,16 77.10 (1) (a) The department of natural resources forestry shall on the application of the department of revenue or the owner of any forest croplands or the town board of the town in which said lands lie and may on its own motion at any time cause an investigation to be made and hearing to be had as to whether any forest croplands shall continue under this subchapter. If on such hearing after due notice to and opportunity to be heard by the department of revenue, the town and the owner, the department of natural resources forestry finds that any such lands are not meeting the requirements set forth in s. 77.02 or that the owner has made use of the land for anything other than forestry or has failed to practice sound forestry on the land, the department of natural resources forestry shall cancel the entry of such description and issue an order of withdrawal, and the owner shall be liable for the tax and penalty under sub. (2). Copies of the order of withdrawal specifying the description shall be filed by the department of natural resources forestry with all officers designated to receive copies of the order of entry and withdrawal and this subchapter shall not thereafter apply to the lands withdrawn, except s. 77.07 so far as it may be needed to collect any previously levied severance or supplemental severance tax. If the owner shall not repay the amounts on or before the last day of February next succeeding the return of such lands to the general property tax roll as provided in sub. (4), the department of natural resources forestry shall certify to the county treasurer the descriptions and the amounts due, and the county treasurer shall sell such lands as delinquent as described in s. 77.04 (2). Whenever any county clerk has certified to the taking of tax deed under s. 77.04 (2) the department of natural resources forestry shall issue an order of withdrawal as to the lands covered in such tax deed. Such order may also be issued when examination of tax records reveals prolonged delinquency and noncompliance with the requirements of s. 77.04 (2).

SB55-SSA1-CA1, s. 2243r Section 2243r. 77.10 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,423,2 77.10 (1) (b) Whenever any owner of forest croplands conveys such land the owner shall, within 10 days of the date of the deed, file with the department of natural resources forestry on forms prepared by the department a transfer of ownership signed by the owner and an acceptance of transfer signed by the grantee certifying that the grantee intends to continue the practice of forestry on such land. The department of natural resources forestry shall immediately issue a notice of transfer to all officers designated to receive copies of orders of entry and withdrawal. Whenever a purchaser of forest croplands declines to certify his or her intention to continue the practice of forestry thereon, such action shall constitute cause for cancellation of entry under par. (a) without hearing.

SB55-SSA1-CA1, s. 2243s Section 2243s. 77.10 (2) (a) 1. of the statutes is amended to read:

SB55-SSA1-CA1,423,13 77.10 (2) (a) 1. Any owner of forest croplands may elect to withdraw all or any of such lands from under this subchapter, by filing with the department of natural resources forestry a declaration withdrawing from this subchapter any description owned by such person which he or she specified, and by payment by such owner to the department of natural resources forestry within 60 days the amount of tax due from the date of entry or the most recent date of renewal, whichever is later, as determined by the department of revenue under s. 77.04 (1) with simple interest thereon at 12% per year, less any severance tax and supplemental severance tax or acreage share paid thereon, with interest computed according to the rule of partial payments at the rate of 12% per year.

SB55-SSA1-CA1, s. 2243t Section 2243t. 77.10 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,423,23 77.10 (2) (a) 2. The amount of the tax shall be determined by the department of revenue and furnished to the department of natural resources forestry, which shall determine the exact amount of payment. When the tax rate or assessed value ratio of the current year has not been determined the rate of the preceding tax year may be used. On receiving such payment the department of natural resources forestry shall issue an order of withdrawal and file copies thereof with the department of revenue, the supervisor of equalization and the clerk of the town, and shall record the order with the register of deeds of the county, in which the land lies. The land shall then cease to be forest croplands.

SB55-SSA1-CA1, s. 2243u Section 2243u. 77.10 (2) (b) of the statutes is amended to read:

SB55-SSA1-CA1,424,7 77.10 (2) (b) Upon receipt of any taxes under this section by the state, the department of natural resources forestry shall first deduct all moneys paid by the state on account of the lands under s. 77.05 with interest on the moneys computed according to the rule of partial payments at the rate of interest paid under par. (a) by the person withdrawing such lands. The department shall within 20 days remit the balance to the town treasurer who shall pay 20% to the county treasurer and retain the remainder.

SB55-SSA1-CA1, s. 2243v Section 2243v. 77.10 (4) of the statutes is amended to read:

SB55-SSA1-CA1,424,12 77.10 (4) Taxation after withdrawal. When any description ceases to be a part of the forest croplands, by virtue of any order of withdrawal issued by the department of natural resources forestry, taxes thereafter levied thereon shall be payable and collectible as if such description had never been under this subchapter.

SB55-SSA1-CA1, s. 2243w Section 2243w. 77.11 of the statutes is amended to read:

SB55-SSA1-CA1,424,19 77.11 Accounts of department of natural resources forestry. The department of natural resources forestry shall keep a set of forest croplands books in which shall always appear as to each description in each town containing any forest croplands, the amount of taxes paid by the state to the town and received by the state from the owner. All tax payments shall be paid out of and receipts credited to the forestry account of the conservation fund.

SB55-SSA1-CA1, s. 2243x Section 2243x. 77.13 (1) of the statutes is amended to read:

SB55-SSA1-CA1,424,23 77.13 (1) On and after July 20, 1985, no person may petition the department of natural resources forestry requesting it to approve any land as forest croplands under this subchapter.

SB55-SSA1-CA1, s. 2243y Section 2243y. 77.13 (2) of the statutes is amended to read:

SB55-SSA1-CA1,425,4 77.13 (2) On and after January 1, 1986, the department of natural resources forestry may not act on any petition requesting the designation of land as forest croplands, issue any order entering land as forest croplands or enter into a renewal of any forest croplands contract under this subchapter.

SB55-SSA1-CA1, s. 2243z Section 2243z. 77.14 of the statutes is amended to read:

SB55-SSA1-CA1,425,13 77.14 Forest croplands information, protection, appropriation. The department of natural resources forestry shall publish and distribute information regarding the method of taxation of forest croplands under this subchapter, and may employ a fire warden in charge of fire prevention in forest croplands. All actual and necessary expenses incurred by the department of natural resources forestry or by the department of revenue in the performance of their duties under this subchapter shall be paid from the appropriation made in s. 20.370 (1) (mu) 20.375 (2) (q) upon certification by the department incurring such expenses.

SB55-SSA1-CA1, s. 2243zm Section 2243zm. 77.16 (1) of the statutes is amended to read:

SB55-SSA1-CA1,425,16 77.16 (1) In this section "department" means the department of natural resources forestry.".

SB55-SSA1-CA1,425,17 1079. Page 843, line 6: delete lines 6 to 14.

SB55-SSA1-CA1,425,18 1080. Page 847, line 2: after that line insert:

SB55-SSA1-CA1,425,19 " Section 2245dm. 77.524 of the statutes is created to read:

SB55-SSA1-CA1,425,20 77.524 Seller and 3rd-party liability. (1) In this subsection:

SB55-SSA1-CA1,426,2 (a) "Certified automated system" means software that is certified jointly by the states that are signatories to the agreement, as defined in s. 77.65 (2) (a), and that is used to calculate the sales tax and use tax imposed under this subchapter and subch. V on a transaction by each appropriate jurisdiction, to determine the amount of tax to remit to the appropriate state, and to maintain a record of the transaction.

SB55-SSA1-CA1,426,6 (b) "Certified service provider" means an agent that is certified jointly by the states that are signatories to the agreement, as defined in s. 77.65 (2) (a), and that performs all of a seller's sales tax and use tax functions related to the seller's retail sales.

SB55-SSA1-CA1,426,7 (c) "Seller" has the meaning given in s. 77.65 (2) (e).

SB55-SSA1-CA1,426,11 (2) A certified service provider is the agent of the seller with whom the certified service provider has contracted and is liable for the sales and use taxes that are due the state on all sales transactions that the provider processes for a seller, except as provided in sub. (3).

SB55-SSA1-CA1,426,23 (3) A seller that contracts with a certified service provider is not liable for sales and use taxes that are due the state on transactions that the provider processed, unless the seller has misrepresented the type of items that the seller sells or has committed fraud. The seller is subject to an audit on transactions that the certified service provider processed only if there is probable cause to believe that the seller has committed fraud or made a material misrepresentation. The seller is subject to an audit on transactions that the certified service provider does not process. The states that are signatories to the agreement, as defined in s. 77.65 (2) (a), may jointly check the seller's business system and review the seller's business procedures to determine if the certified service provider's system is functioning properly and to determine the extent to which the seller's transactions are being processed by the certified service provider.

SB55-SSA1-CA1,427,3 (4) A person that provides a certified automated system is responsible for the system's proper functioning and is liable to this state for tax underpayments that are attributable to errors in the system's functioning. A seller that uses a certified automated system is responsible and liable to this state for reporting and remitting sales and use tax.

SB55-SSA1-CA1,427,8 (5) A seller that has a proprietary system for determining the amount of tax that is due on transactions and that has signed an agreement with the states that are signatories to the agreement, as defined in 77.65 (2) (a), establishing a performance standard for the system is liable for the system's failure to meet the performance standard.".

SB55-SSA1-CA1,427,9 1081. Page 847, line 15: after that line insert:

SB55-SSA1-CA1,427,10 " Section 2246p. 77.65 of the statutes is created to read:

SB55-SSA1-CA1,427,12 77.65 Uniform sales and use tax administration. (1) Short title. This section shall be known as the "Uniform Sales and Use Tax Administration Act."

SB55-SSA1-CA1,427,13 (2) Definitions. In this section: