AB150: Bill Text

AB150,1233,25 77.52 (17m) (a) A person may apply for a direct pay permit by submitting to the department $5 or, if the department promulgates a rule, an amount prescribed by the department by that rule and a completed form that the department prescribes.

AB150,1234,4 (b) (intro.) The department shall issue a direct pay permit, at the beginning of a taxpayer's taxable year which is valid until the end of the taxpayer's taxable year or, if the department promulgates a rule, for a period prescribed by the department by that rule, if the following requirements are fulfilled:

AB150, s. 3485 Section 3485. 77.54 (24) of the statutes is repealed.

AB150, s. 3486 Section 3486. 77.82 (2) (intro.) of the statutes is amended to read:

AB150,1234,16 77.82 (2) Petition. (intro.) Any owner of land may petition the department to designate any eligible parcel of land as managed forest land. A petition may include any number of eligible parcels under the same ownership in a single municipality. Each petition shall be submitted on a form provided by the department and shall be accompanied by a nonrefundable $10 application fee unless a different amount of the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter, which. The fee shall be credited to deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). Each petition shall include all of the following:

AB150, s. 3487 Section 3487. 77.82 (4) of the statutes is amended to read:

AB150,1235,2 77.82 (4) Additions to managed forest land. An owner may petition the department to designate as managed forest land an additional parcel of land in the same municipality if the additional parcel is at least 3 acres in size and is contiguous to any of the owner's designated land. The petition shall be accompanied by a nonrefundable $10 application fee unless a different amount of the fee is established in the same manner as the fee under sub. (2), which. The fee shall be credited to deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The petition shall be submitted on a department form and shall contain any additional information required by the department.

AB150, s. 3488 Section 3488. 77.82 (4m) (bn) of the statutes is amended to read:

AB150,1235,6 77.82 (4m) (bn) A petition under this subsection shall be accompanied by a nonrefundable $100 application fee which shall be credited to deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr).

AB150, s. 3489 Section 3489. 77.85 of the statutes is amended to read:

AB150,1235,11 77.85 State contribution. The department shall pay before June 30 annually the municipal treasurer, from the appropriation under s. 20.370 (4) (ar) (5) (bv), 20 cents for each acre of land in the municipality that is designated as managed forest land under this subchapter.

AB150, s. 3490 Section 3490. 77.88 (2) (d) of the statutes is amended to read:

AB150,1235,18 77.88 (2) (d) Within 10 days after a transfer of ownership, the former owner shall, on a form provided by the department, file with the department a report of the transfer signed by the former owner and the transferee. The report shall be accompanied by a $20 fee which shall be credited to deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

AB150, s. 3491 Section 3491. 77.89 (1) of the statutes is amended to read:

AB150,1235,23 77.89 (1) Payment to municipalities. By June 30 of each year, the department, from the appropriation under s. 20.370 (4) (ar) (5) (bv), shall pay 50% of each payment received under s. 77.84 (3) (b), 77.87 (3) or 77.88 (7) to the treasurer of the municipality in which is located the land to which the payment applies.

AB150, s. 3492 Section 3492. 77.91 (4) of the statutes is amended to read:

AB150,1236,3 77.91 (4) Expenses. The Except as provided in sub. (5), the department's expenses for the administration of this subchapter shall be paid from the appropriation under s. 20.370 (1) (mu).

AB150, s. 3493 Section 3493. 77.91 (5) of the statutes is amended to read:

AB150,1236,11 77.91 (5) Recording. Each register of deeds who receives notice of an order under this subchapter shall record the action as provided under s. 59.51. The department shall pay the register of deeds the fee specified under s. 59.57 (1) (a) from the appropriation under s. 20.370 (1) (mu) (cr). If the amount in the appropriation under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount required under this subsection in that fiscal year, the department shall pay the balance from the appropriation under s. 20.370 (1) (mu).

AB150, s. 3494 Section 3494. 77.92 (4r) of the statutes is created to read:

AB150,1236,16 77.92 (4r) "Total receipts from all activities" means gross receipts, gross sales, gross dividends, gross interest income, gross rents, gross royalties, the gross sales price from the disposition of capital assets and business assets and all other receipts that are included in gross income under ch. 71.

AB150, s. 3495 Section 3495. 77.93 (1) of the statutes is amended to read:

AB150,1236,24 77.93 (1) All corporations required to file a return under subch. IV or V of ch. 71 that have at least $4,000 in total receipts from all activities for the taxable year except corporations that are exempt from taxation under s. 71.26 (1) and that have no unrelated business income reportable under s. 71.24 (1m). The surcharge is imposed on the tax-option corporation, not on its shareholders, except that if a tax-option corporation's surcharge is delinquent, its shareholders are jointly and severally liable for it.

AB150, s. 3496 Section 3496. 77.93 (4) of the statutes is amended to read:

AB150,1237,3 77.93 (4) All insurers that are required to file a return under subch. VII of ch. 71 and that have at least $4,000 in total receipts from all activities for the taxable year.

AB150, s. 3497 Section 3497. 78.09 (2) of the statutes is amended to read:

AB150,1237,9 78.09 (2) To procure a license, a supplier shall file with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, partnership or unincorporated association or by the president and secretary if the owner is a corporation. The department, by rule, may prescribe the fee for obtaining a supplier's license.

AB150, s. 3498 Section 3498. 78.09 (5) of the statutes is amended to read:

AB150,1237,16 78.09 (5) To procure an export license, an exporter shall file with the department an application prescribed and furnished by the department and verified by the owner of the business if the owner is an individual, partnership or unincorporated association or by the president and secretary if the owner is a corporation. The department, by rule, may prescribe the fee for obtaining an exporter's license.

AB150, s. 3499 Section 3499. 78.10 (1m) of the statutes is created to read:

AB150,1237,19 78.10 (1m) Fee. The department, by rule, may prescribe the fee for issuing, and the fee for renewing, a license under this section.

AB150, s. 3500 Section 3500. 78.10 (5) of the statutes is amended to read:

AB150,1237,23 78.10 (5) Term of license. A license under this section is valid until suspended, revoked for cause or canceled or, if the department promulgates a rule, for the term prescribed by the department by that rule.

AB150, s. 3501 Section 3501. 78.48 (1m) of the statutes is created to read:

AB150,1238,2 78.48 (1m) Fee. The department, by rule, may prescribe the fee for obtaining, and the fee for renewing, a license under this section.

AB150, s. 3502 Section 3502. 78.48 (5) of the statutes is amended to read:

AB150,1238,6 78.48 (5) Term of license. An alternate fuels license is valid until suspended, revoked for cause or canceled or, if the department promulgates a rule, for the term prescribed by the department by that rule.

AB150, s. 3503 Section 3503. 78.57 (1m) of the statutes is created to read:

AB150,1238,9 78.57 (1m) Fee. The department, by rule, may prescribe the fee for obtaining, and the fee for renewing, a license under this section.

AB150, s. 3504 Section 3504. 78.57 (5) of the statutes is amended to read:

AB150,1238,13 78.57 (5) Term of license. A general aviation fuel license is valid until suspended, revoked for cause or canceled or, if the department promulgates a rule, for the term prescribed by the department by that rule.

AB150, s. 3505 Section 3505. 79.03 (3c) (c) (intro.) of the statutes is amended to read:

AB150,1238,19 79.03 (3c) (c) Payment. (intro.) Subject to the total distribution amount limits in par. (f), the minimum payment under par. (d) and the maximum payment under par. (e), each eligible municipality is entitled to shared revenue from the appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements under sub. (1), calculated as follows:

AB150, s. 3506 Section 3506. 79.03 (3c) (f) of the statutes is amended to read:

AB150,1238,25 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 in 1994 and, $14,000,000 in 1995 and $0 thereafter.

AB150, s. 3507 Section 3507. 79.04 (1) (a) of the statutes is amended to read:

AB150,1239,23 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, 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.

AB150, s. 3508 Section 3508. 79.04 (1) (c) 2. of the statutes is amended to read:

AB150,1240,9 79.04 (1) (c) 2. If a production plant is located in more than one municipality, the total payment under subd. 1. shall be apportioned according to the amounts shown on the preceding December 31 for the production plant in the account described in par. (a) for "production plant exclusive of land" within each municipality for all public utilities except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), or according to the value as reported to the department of revenue under par. (a) of the production plant within each municipality for each qualified wholesale electric company. The payment to each municipality under this subdivision shall be no less than $15,000 annually.

AB150, s. 3509 Section 3509. 79.04 (2) (a) of the statutes is amended to read:

AB150,1241,17 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 a town the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, 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 and by multiplying by 3 mills the first $125,000,000 of the amount as defined in this subsection for all property within a city or village 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.

AB150, s. 3510 Section 3510. 79.085 of the statutes is created to read:

AB150,1241,21 79.085 Counties' use of funds. (1) Counties shall use the funds that they receive under s. 79.02 and that are calculated under s. 79.058 in the following sequence:

AB150,1241,23 (a) For the expenses of probation and parole holds in county jails that are not otherwise funded by state or federal aid or by any designated revenue source.

AB150,1241,25 (b) For costs for which the county would otherwise levy a property tax, as reflected under s. 74.09 (3) (b) 1.

AB150,1242,2 (2) Counties shall use the funds that they receive under s. 79.02 and that are calculated under ss. 79.03, 79.04 and 79.06 in the following sequence:

AB150,1242,6 (a) For expenses that are not otherwise funded by state or federal aid or by any designated revenue source and that are for probation and parole holds in county jails, for circuit courts under s. 753.19 and for youth services for which aids are paid under s. 46.26.

AB150,1242,8 (b) For costs for which the county would otherwise levy a property tax, as reflected under s. 74.09 (3) (b) 1.

AB150, s. 3511 Section 3511. 79.14 of the statutes is amended to read:

AB150,1242,12 79.14 (title) School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995 and 1996 and is $469,305,000 in 1997 and thereafter.

AB150, s. 3512 Section 3512. 80.025 of the statutes is amended to read:

AB150,1242,22 80.025 (title) Highways abutted by state park lands in the state park system; discontinuance or relocation. Any part of a highway lying wholly within state park the boundaries of lands in the state park system may be discontinued or relocated by the state agency having jurisdiction over such abutting lands by filing written notice of such discontinuance or relocation with the town clerk or county clerk and upon approval by the supervisors after holding a hearing as provided in s. 80.05 unless such discontinuance or relocation would deprive any other owner of lands access thereto from a highway. This section does not apply to state trunk highways or connecting highways.

AB150, s. 3513 Section 3513. 80.05 (2) (b) of the statutes is amended to read:

AB150,1243,3 80.05 (2) (b) Give notice by registered mail to the department of natural resources, the department of tourism and parks and to the county land conservation committee in each county through which the highway may pass.

AB150, s. 3514 Section 3514. 80.38 (2) of the statutes is amended to read:

AB150,1243,24 80.38 (2) If 6 or more freeholders residing within the limits of the village or other plat wish any streets in the plat to be so declared public highways and opened to public use, they may apply to the town board for that purpose in the manner provided in s. 80.02. Upon that application, the town board shall make and file an order, within 10 days, declaring the streets to be public highways or refusing so to do. In either case, any person considering himself or herself aggrieved by the order may appeal to the circuit court for the same county by filing with the town clerk a notice of appeal, specifying the grounds of appeal, within 20 days from the filing of the order, together with a written undertaking of the appellant, with one or more sufficient sureties, to be approved by the town clerk for the payment of all costs that may be awarded against the appellant, and paying to the clerk the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1. Within 20 days thereafter the town clerk shall deliver to the clerk of the circuit court all the papers in the case, together with the notice of appeal, with the date of service endorsed thereon, and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; whereupon the clerk of the circuit court shall enter an action in the court record in which the appellant is the plaintiff and the town is the defendant. The issues as shown by the papers and the appeal shall be tried without further pleading, the same as in personal actions in circuit court, and judgment rendered and enforced as in other actions in which persons and municipal corporations are parties.

AB150, s. 3515 Section 3515. 80.39 (2) of the statutes is amended to read:

AB150,1244,8 80.39 (2) Notice. Upon such petition the county board or the commissioners appointed by the board shall give notice of the time and place they will meet to decide on the petition. The notice shall be published as a class 2 notice, under ch. 985. The notice shall also be given to the department secretary of natural resources and to the secretary of tourism and parks by serving a copy upon the secretary of natural resources either by registered mail or personally. If the board appoints a committee to act, the notice shall state the fact and the notice shall be signed by the commissioners, or otherwise by the chairperson of the board.

AB150, s. 3516 Section 3516. 84.01 (17) of the statutes is amended to read:

AB150,1244,16 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department of transportation shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to November 1 of each odd-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources, to the department of tourism and parks and to the department of agriculture, trade and consumer protection.

AB150, s. 3517 Section 3517. 84.02 (3) (a) of the statutes is amended to read:

AB150,1245,14 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources and to the secretary of tourism and parks either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.

AB150, s. 3518 Section 3518. 84.02 (4) (b) of the statutes is amended to read:

AB150,1246,5 84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the secretary of state department of revenue any violations of or failure to comply with the provisions of this subsection, and the secretary of state department of revenue shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.

AB150, s. 3519 Section 3519. 84.05 of the statutes is amended to read:

AB150,1247,7 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the transportation fund, and issue an appropriate order. The office of the commissioner of railroads department shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost. The department shall promulgate a rule establishing criteria with respect to the allocation of costs under this section. A person who is aggrieved by an order of the department under this section may, within 20 days after the date that the order is issued, request review of the order by the division of hearings and appeals. The division of hearings and appeals shall review the order in the manner provided in s. 195.325.

AB150, s. 3520 Section 3520. 84.25 (11) of the statutes is amended to read:

AB150,1247,13 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of health and social services industry, labor and human relations and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB150, s. 3521 Section 3521. 84.28 (1) of the statutes is amended to read:

AB150,1248,6 84.28 (1) Moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources or the department of tourism and parks. Moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are certified under sub. (1m) as being utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources . The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority or the department of parks and tourism.

AB150, s. 3522 Section 3522. 84.28 (1m) of the statutes is created to read:

AB150,1248,10 84.28 (1m) (a) For each fiscal year, the department of natural resources and the department of tourism and parks shall enter into an agreement to do all of the following to determine the expenditures under sub. (1):

AB150,1248,13 1. Certify which roads are being used by a substantial number of visitors to state parks, state forests or other properties under the jurisdiction of either department.

AB150,1248,14 2. Establish a priority system to rank projects eligible for assistance.

AB150,1248,16 3. Determine which projects are eligible for assistance and authorize the expenditures for those projects.

AB150,1248,18 (b) The secretary of administration shall resolve any disputes between the departments concerning the agreement regarding the duties specified in par. (a).

AB150, s. 3523 Section 3523. 84.28 (2) of the statutes is amended to read:

AB150,1249,19 84.28 (2) The department of transportation may administer a program for the construction, maintenance and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources or the department of tourism and parks and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department of transportation, upon the request for such work filed by the department of natural resources having jurisdiction as to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, department of tourism and parks, commissioners of public lands or town board, as appropriate.

AB150, s. 3524 Section 3524. 85.013 (3) of the statutes is created to read: