Amendment ASA1-SB40

SB40-ASA1, s. 2078 Section 2078. 77.54 (22b) of the statutes is created to read:

SB40-ASA1,1133,14 77.54 (22b) The sales price from the sale of and the storage, use, or other consumption of durable medical equipment that is for use in a person's home, mobility-enhancing equipment, and prosthetic devices, and accessories for such equipment or devices, if the equipment or devices are used for a human being.

SB40-ASA1, s. 2079 Section 2079. 77.54 (23m) of the statutes is amended to read:

SB40-ASA1,1133,20 77.54 (23m) The gross receipts from the sale, lease or rental of or the storage, use or other consumption of motion picture film or tape, and motion pictures or radio or television programs for listening, viewing, or broadcast, and advertising materials related thereto, sold, leased or rented to a motion picture theater or radio or television station.

SB40-ASA1, s. 2080 Section 2080 . 77.54 (23m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1134,2 77.54 (23m) The gross receipts sales price from the sale, license, lease or rental of or the storage, use or other consumption of motion picture film or tape, and motion pictures or radio or television programs for listening, viewing, or broadcast, and advertising materials related thereto, sold, licensed, leased or rented to a motion picture theater or radio or television station.

SB40-ASA1, s. 2081 Section 2081. 77.54 (25) of the statutes is amended to read:

SB40-ASA1,1134,8 77.54 (25) The gross receipts sales price from the sale of and the storage of printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside the state by the purchaser for use thereafter solely outside the state.

SB40-ASA1, s. 2082 Section 2082. 77.54 (25) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1134,16 77.54 (25) The sales price from the sale of and the storage of printed material which is designed to advertise and promote the sale of merchandise, or to advertise the services of individual business firms, which printed material is purchased and stored for the purpose of subsequently transporting it outside the state by the purchaser for use thereafter solely outside the state. This subsection does not apply to catalogs and the envelopes in which the catalogs are mailed.

SB40-ASA1, s. 2083 Section 2083. 77.54 (25m) of the statutes is created to read:

SB40-ASA1,1134,21 77.54 (25m) The sales price from the sale of and the storage, use, or other consumption of catalogs, and the envelopes in which the catalogs are mailed, that are designed to advertise and promote the sale of merchandise or to advertise the services of individual business firms.

SB40-ASA1, s. 2084 Section 2084. 77.54 (26) of the statutes is amended to read:

SB40-ASA1,1135,12 77.54 (26) The gross receipts sales price from the sales of and the storage, use, or other consumption of tangible personal property and property under s. 77.52 (1) (b) which becomes a component part of an industrial waste treatment facility that is exempt under s. 70.11 (21) (a) or that would be exempt under s. 70.11 (21) (a) if the property were taxable under ch. 70, or tangible personal property and property under s. 77.52 (1) (b) which becomes a component part of a waste treatment facility of this state or any agency thereof, or any political subdivision of the state or agency thereof as provided in s. 40.02 (28). The exemption includes replacement parts therefor, and also applies to chemicals and supplies used or consumed in operating a waste treatment facility and to purchases of tangible personal property and property under s. 77.52 (1) (b) made by construction contractors who transfer such property to their customers in fulfillment of a real property construction activity. This exemption does not apply to tangible personal property and property under s. 77.52 (1) (b) installed in fulfillment of a written construction contract entered into, or a formal written bid made, prior to July 31, 1975.

SB40-ASA1, s. 2085 Section 2085. 77.54 (26m) of the statutes is amended to read:

SB40-ASA1,1135,25 77.54 (26m) The gross receipts sales price from the sale of and the storage, use or other consumption of waste reduction or recycling machinery and equipment, including parts therefor, exclusively and directly used for waste reduction or recycling activities which reduce the amount of solid waste generated, reuse solid waste, recycle solid waste, compost solid waste or recover energy from solid waste. The exemption applies even though an economically useful end product results from the use of the machinery and equipment. For the purposes of this subsection, "solid waste" means garbage, refuse, sludge or other materials or articles, whether these materials or articles are discarded or purchased, including solid, semisolid, liquid or contained gaseous materials or articles resulting from industrial, commercial, mining or agricultural operations or from domestic use or from public service activities.

SB40-ASA1, s. 2086 Section 2086. 77.54 (27) of the statutes is amended to read:

SB40-ASA1,1136,3 77.54 (27) The gross receipts sales price from the sale of semen used for artificial insemination of livestock.

SB40-ASA1, s. 2087 Section 2087. 77.54 (28) of the statutes is amended to read:

SB40-ASA1,1136,8 77.54 (28) The gross receipts sales price from the sale of and the storage, use or other consumption to or by the ultimate consumer of apparatus or equipment for the injection of insulin or the treatment of diabetes and supplies used to determine blood sugar level.

SB40-ASA1, s. 2088 Section 2088. 77.54 (29) of the statutes is amended to read:

SB40-ASA1,1136,11 77.54 (29) The gross receipts sales price from the sales of and the storage, use or other consumption of equipment used in the production of maple syrup.

SB40-ASA1, s. 2089 Section 2089. 77.54 (30) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1136,13 77.54 (30) (a) (intro.) The gross receipts sales price from the sale of:

SB40-ASA1, s. 2090 Section 2090. 77.54 (30) (c) of the statutes is amended to read:

SB40-ASA1,1136,19 77.54 (30) (c) If fuel or electricity is sold partly for a use exempt under this subsection and partly for a use which is not exempt under this subsection, no tax shall be collected on that percentage of the gross receipts sales price equal to the percentage of the fuel or electricity which is used for an exempt use, as specified in an exemption certificate provided by the purchaser to the seller.

SB40-ASA1, s. 2091 Section 2091. 77.54 (31) of the statutes is amended to read:

SB40-ASA1,1136,23 77.54 (31) The gross receipts sales price from the sale of and the storage, use or other consumption in this state, but not the lease or rental, of used mobile homes that are primary housing units under s. 340.01 (29).

SB40-ASA1, s. 2092 Section 2092. 77.54 (32) of the statutes is amended to read:

SB40-ASA1,1137,4 77.54 (32) The gross receipts sales price from charges, including charges for a search, imposed by an authority, as defined in s. 19.32 (1), for copies of a public record that a person may examine and use under s. 16.61 (12) or for copies of a record under s. 19.35 (1).

SB40-ASA1, s. 2093 Section 2093. 77.54 (33) of the statutes is amended to read:

SB40-ASA1,1137,8 77.54 (33) The gross receipts sales price from sales of and the storage, use or other consumption of medicines drugs used on farm livestock, not including workstock.

SB40-ASA1, s. 2094 Section 2094. 77.54 (35) of the statutes is amended to read:

SB40-ASA1,1137,13 77.54 (35) The gross receipts sales price from the sales of tangible personal property, items or property under s. 77.52 (1) (b) or (c), tickets or admissions by any baseball team affiliated with the Wisconsin Department of American Legion baseball.

SB40-ASA1, s. 2095 Section 2095. 77.54 (36) of the statutes is amended to read:

SB40-ASA1,1137,19 77.54 (36) The gross receipts sales price from the rental for a continuous period of one month or more of a mobile home, as defined in s. 66.0435 (1) (d), that is used as a residence. In this subsection, "one month" means a calendar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of the rental.

SB40-ASA1, s. 2096 Section 2096. 77.54 (37) of the statutes is amended to read:

SB40-ASA1,1137,24 77.54 (37) The gross receipts sales price from revenues collected under s. 146.70 (3) and the surcharge established by rule by the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 6.

SB40-ASA1, s. 2097 Section 2097. 77.54 (38) of the statutes is amended to read:

SB40-ASA1,1138,6 77.54 (38) The gross receipts sales price from the sale of and the storage, use or other consumption of snowmobile trail groomers and attachments for them that are purchased, stored, used or consumed by a snowmobile club that meets at least 3 times a year, that has at least 10 members, that promotes snowmobiling and that participates in the department of natural resources' snowmobile program under s. 350.12 (4) (b).

SB40-ASA1, s. 2098 Section 2098. 77.54 (39) of the statutes is amended to read:

SB40-ASA1,1138,14 77.54 (39) The gross receipts sales price from the sale of and the storage, use or other consumption of off-highway, heavy mechanical equipment such as feller bunchers, slashers, delimbers, chippers, hydraulic loaders, loaders, skidder-forwarders, skidders, timber wagons and tractors used exclusively and directly in the harvesting or processing of raw timber products in the field by a person in the logging business. In this subsection, "heavy mechanical equipment" does not include hand tools such as axes, chains, chain saws and wedges.

SB40-ASA1, s. 2099 Section 2099. 77.54 (40) of the statutes is repealed.

SB40-ASA1, s. 2100 Section 2100. 77.54 (41) of the statutes is amended to read:

SB40-ASA1,1138,21 77.54 (41) The gross receipts sales price from the sale of building materials, supplies and equipment to; and the storage, use or other consumption of those kinds of property by; owners, contractors, subcontractors or builders if that property is acquired solely for or used solely in, the construction, renovation or development of property that would be exempt under s. 70.11 (36).

SB40-ASA1, s. 2101 Section 2101. 77.54 (42) of the statutes is amended to read:

SB40-ASA1,1138,25 77.54 (42) The gross receipts sales price from the sale of and the storage, use or other consumption of animal identification tags provided under s. 93.06 (1h) and standard samples provided under s. 93.06 (1s).

SB40-ASA1, s. 2102 Section 2102. 77.54 (43) of the statutes is amended to read:

SB40-ASA1,1139,5 77.54 (43) The gross receipts sales price from the sale of and the storage, use or other consumption of raw materials used for the processing, fabricating or manufacturing of, or the attaching to or incorporating into, printed materials that are transported and used solely outside this state.

SB40-ASA1, s. 2103 Section 2103. 77.54 (44) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-ASA1,1139,9 77.54 (44) The gross receipts sales price from the collection of low-income assistance fees that are charged under s. 16.957 (4) (a) or (5) (a).

SB40-ASA1, s. 2104 Section 2104. 77.54 (45) of the statutes is amended to read:

SB40-ASA1,1139,18 77.54 (45) The gross receipts sales price from the sale of and the use or other consumption of a onetime license or similar right to purchase admission to professional football games at a football stadium, as defined in s. 229.821 (6), that is granted by a municipality; a local professional football stadium district; or a professional football team or related party, as defined in s. 229.821 (12); if the person who buys the license or right is entitled, at the time the license or right is transferred to the person, to purchase admission to at least 3 professional football games in this state during one football season.

SB40-ASA1, s. 2105 Section 2105. 77.54 (46) of the statutes is amended to read:

SB40-ASA1,1139,22 77.54 (46) The gross receipts sales price from the sale of and the storage, use, or other consumption of the U.S. flag or the state flag. This subsection does not apply to a representation of the U.S. flag or the state flag.

SB40-ASA1, s. 2106 Section 2106. 77.54 (46m) of the statutes is amended to read:

SB40-ASA1,1140,4 77.54 (46m) The gross receipts sales price from the sale of and the storage, use, or other consumption of telecommunications services, if the telecommunications services are obtained by using the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code; and if the tax imposed under s. 77.52 or 77.53 was previously paid on the sale or purchase of such rights.

SB40-ASA1, s. 2107 Section 2107. 77.54 (47) (intro.) of the statutes is amended to read:

SB40-ASA1,1140,7 77.54 (47) (intro.) The gross receipts sales price from the sale of and the storage, use, or other consumption of all of the following:

SB40-ASA1, s. 2108 Section 2108. 77.54 (47) (b) 1. and 2. of the statutes are amended to read:

SB40-ASA1,1140,10 77.54 (47) (b) 1. The shooting facility is required to pay the tax imposed under s. 77.52 on its gross receipts the sales price from charges for shooting at the facility.

SB40-ASA1,1140,14 2. The shooting facility is a nonprofit organization that charges for shooting at the facility, but is not required to pay the tax imposed under s. 77.52 on its gross receipts the sales price from such charges because the charges are for occasional sales, as provided under sub. (7m).

SB40-ASA1, s. 2109 Section 2109. 77.54 (48) (a) of the statutes is renumbered 77.585 (9) (a) and amended to read:

SB40-ASA1,1140,25 77.585 (9) (a) Subject to 2005 Wisconsin Act 479, section 17, the gross receipts from the sale of and the storage, use, or other consumption a purchaser may claim as a deduction that portion of its purchase price of Internet equipment used in the broadband market for which the tax was imposed under this subchapter, if the purchaser certifies to the department of commerce, in the manner prescribed by the department of commerce, that the purchaser will, within 24 months after July 1, 2007, make an investment that is reasonably calculated to increase broadband Internet availability in this state. The purchaser shall claim the deduction in the same reporting period as the purchaser paid the tax imposed under this subchapter.

SB40-ASA1, s. 2110 Section 2110. 77.54 (48) (b) of the statutes is renumbered 77.585 (9) (b).

SB40-ASA1, s. 2111 Section 2111. 77.54 (49) of the statutes is amended to read:

SB40-ASA1,1141,16 77.54 (49) The gross receipts sales price from the sale of and the storage, use, or other consumption of taxable services and tangible personal property or item or property under s. 77.52 (1) (b) or (c) that is physically transferred to the purchaser as a necessary part of services that are subject to the taxes imposed under s. 77.52 (2) (a) 7., 10., 11., and 20., if the seller and the purchaser of such services and property or item are members of the same affiliated group under section 1504 of the Internal Revenue Code and are eligible to file a single consolidated return for federal income tax purposes. For purposes of this subsection, if a seller purchases a taxable service, item or property under s. 77.52 (1) (b) or (c), or tangible personal property, as described in the subsection, that is subsequently sold to a member of the seller's affiliated group and the sale is exempt under this subsection from the taxes imposed under this subchapter, the original purchase of the taxable service , item or property under s. 77.52 (1) (b) or (c), or tangible personal property by the seller is not considered a sale for resale or exempt under this subsection.

SB40-ASA1, s. 2112 Section 2112. 77.54 (50) of the statutes is created to read:

SB40-ASA1,1141,22 77.54 (50) The sales price from the sale of and the storage, use, or other consumption of specified digital goods or additional digital goods that are transferred electronically to the purchaser, if the sale of and the storage, use, or other consumption of such goods sold in a tangible form is exempt from taxation under this subchapter.

SB40-ASA1, s. 2113 Section 2113. 77.54 (51) of the statutes is created to read:

SB40-ASA1,1142,3 77.54 (51) The sales price from the sales of and the storage, use, or other consumption of products sold in a transaction that would be a bundled transaction, except that it contains taxable and nontaxable products as described in s. 77.51 (1f) (d), and except that the first person combining the products shall pay the tax imposed under this subchapter on the person's purchase price of the taxable items.

SB40-ASA1, s. 2114 Section 2114. 77.54 (52) of the statutes is created to read:

SB40-ASA1,1142,7 77.54 (52) The sales price from the sales of and the storage, use, or other consumption of products sold in a transaction that would be a bundled transaction, except that the transaction meets the conditions described in s. 77.51 (1f) (e).

SB40-ASA1, s. 2115 Section 2115. 77.54 (53) of the statutes is created to read:

SB40-ASA1,1142,9 77.54 (53) (a) In this subsection:

SB40-ASA1,1142,10 1. "Animals" include bacteria, viruses, and other microorganisms.

SB40-ASA1,1142,11 2. "Manufacturing" has the meaning given in sub. (6m).

SB40-ASA1,1142,17 3. "Qualified research" means qualified research as defined under section 41 (d) (1) of the Internal Revenue Code, except that research conducted by a public or private institution of higher education or by a governmental unit is "qualified research" if applying the research is intended to be useful in developing a new or improved product or service and the research satisfies section 41 (d) (1) (B) (i) and (C) of the Internal Revenue Code.

SB40-ASA1,1142,19 (b) The gross receipts from the sale of and the storage, use, or other consumption of:

SB40-ASA1,1142,24 1. Machines and specific processing equipment, including accessories, attachments, and parts for the machines or equipment, that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing.

SB40-ASA1,1143,7 2. The items listed in sub. (3m) (a) to (m), medicines, semen for artificial insemination, fuel, and electricity that are used exclusively and directly in raising animals that are sold primarily to a biotechnology business, a public or private institution of higher education, or a governmental unit for exclusive and direct use by any such entity in qualified research or manufacturing. Subsection (30) (c), as it applies to the sale of fuel and electricity under sub. (30), applies to the sale of fuel and electricity under this subdivision.

SB40-ASA1,1143,11 3. Machines and specific processing equipment, including accessories, attachments, and parts for the machines or equipment, that are sold to a biotechnology business and used exclusively and directly in qualified research in biotechnology.

SB40-ASA1,1143,16 4. Tangible personal property that is sold to a biotechnology business, if the property is consumed or destroyed or loses its identity while being used exclusively and directly in qualified research in biotechnology. Subsection (30) (c), as it applies to the sale of fuel and electricity under sub. (30), applies to the sale of fuel and electricity under this subdivision.

SB40-ASA1,1143,18 5. Animals that are sold to a biotechnology business and used exclusively and directly in qualified research in biotechnology.

SB40-ASA1,1143,22 (c) A person who claims an exemption under par. (b) 1. and 2. shall obtain written documentation from the person's customers related to each customer's use of animals, including the percentage of animals sold to the customer that are used exclusively and directly in qualified research.

SB40-ASA1,1143,24 (d) The department shall publish on the department's Internet site a list of all biotechnology businesses certified by the department.

SB40-ASA1, s. 2116 Section 2116. 77.54 (53) (b) (intro.) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB40-ASA1,1144,4 77.54 (53) (b) (intro.) The sales price from the sale of and the storage, use, or other consumption of:

SB40-ASA1, s. 2418g Section 2418g. 77.54 (53) (b) 2. of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed and recreated to read: