AB402: Bill Text

AB402,41,16 *-2280/3.18* Section 80. 86.30 (9) (c) 1. and 2. of the statutes are created to read:

AB402,41,17 86.30 (9) (c) 1. In calendar year 1996, $141,463,000.

AB402,41,18 2. In calendar year 1997 and thereafter, $151,271,300.

AB402,41,19 *-2280/3.19* Section 81. 86.30 (9) (d) of the statutes is created to read:

AB402,41,21 86.30 (9) (d) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to towns under sub. (2) (a) 3. shall be as follows:

AB402,41,22 1. In calendar year 1996, $80,236,900.

AB402,41,23 2. In calendar year 1997 and thereafter, $82,267,900.

AB402,41,24 *-3056/2.2* Section 82. 86.307 of the statutes is created to read:

AB402,42,5 86.307 Seasonal highway rehabilitation program. The department shall administer a seasonal highway rehabilitation program to rehabilitate highways in the northern portion of the state on which any weight limitation as provided in s. 348.17 (1) applies. Projects under this section shall be funded from the appropriation under s. 20.395 (3) (cr).

AB402,42,6 *-3023/1.1* Section 83. 86.31 (3m) of the statutes is amended to read:

AB402,42,11 86.31 (3m) Town road improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $500,000 $1,000,000 in each fiscal year to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB402,42,12 *-1531/4.1* Section 84. 110.08 (2) of the statutes is amended to read:

AB402,42,14 110.08 (2) Except as provided under s. 343.16 (1) (b) and (c), all examinations for operator's licenses and permits shall be given by state examiners.

AB402,42,15 *-2192/3.1* Section 85. 114.002 (4) of the statutes is repealed.

AB402,42,16 *-2192/3.2* Section 86. 114.002 (11) of the statutes is amended to read:

AB402,42,19 114.002 (11) "Antique aircraft" means an aircraft more than 35 years old as determined by the which has a date of manufacture of 1944 or earlier and which is used solely for recreational or display purposes.

AB402,42,20 *-2192/3.3* Section 87. 114.002 (13) of the statutes is repealed.

AB402,42,21 *-2192/3.4* Section 88. 114.20 (1) (title) of the statutes is amended to read:

AB402,42,22 114.20 (1) (title) Annual registration required.

AB402,42,23 *-2192/3.5* Section 89. 114.20 (1) (a) of the statutes is amended to read:

AB402,43,5 114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

AB402,43,6 *-2192/3.6* Section 90. 114.20 (1) (b) of the statutes is amended to read:

AB402,43,10 114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

AB402,43,11 *-2192/3.7* Section 91. 114.20 (2) (intro.) of the statutes is amended to read:

AB402,43,14 114.20 (2) (title) Exceptions to annual registration requirements. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

AB402,43,15 *-2192/3.8* Section 92. 114.20 (2) (c) of the statutes is repealed.

AB402,43,16 *-2192/3.10* Section 93. 114.20 (5) of the statutes is amended to read:

AB402,44,3 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

AB402,44,5 *-2192/3.9* Section 94. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB402,44,17 114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. A late payment charge to be established by rule shall be assessed on all applications filed later than 30 days after the date of restoration.

AB402,44,18 *-2192/3.11* Section 95. 114.20 (7) of the statutes is repealed.

AB402,44,20 *-2192/3.12* Section 96. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m) (a) to (c) and amended to read:

AB402,44,21 114.20 (9m) (a) Not more than 2,000$ 30 $ 60

AB402,44,22 (b) Not more than 2,50039 78

AB402,44,23 (c) Not more than 3,00050 100

AB402,44,24 *-2192/3.13* Section 97. 114.20 (9) (d) of the statutes is amended to read:

AB402,44,25 114.20 (9) (d) Not more than 3,50070 $ 70

AB402,45,1 *-2192/3.14* Section 98. 114.20 (9m) (intro.) of the statutes is created to read:

AB402,45,5 114.20 (9m) (title) Biennial registration fees. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

AB402,45,6 [Maximum gross [Annual

AB402,45,7 Weight in pounds] fee]

AB402,45,8 *-2192/3.15* Section 99. 114.20 (12) of the statutes is amended to read:

AB402,46,2 114.20 (12) (title) Initial annual registration. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which annual registration is required under sub. (9), the fee for the initial year of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one-twelfth of the registration fee specified in sub. (9) multiplied by the remaining number of months in the current registration year which are not fully expired. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which biennial registration is required under sub. (9m), the fee for the initial 2-year period of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one twenty-fourth of the registration fee specified in sub. (9m) multiplied by the remaining number of months in the current 2-year registration period which are not fully expired. Application for registration shall be filed within 30 days from the date of purchase, restoration, completed construction or entry of the aircraft into this state and if filed after that date an additional administrative fee of $5 shall be charged. If the date of purchase, restoration, completed construction or entry into this state is not provided by the applicant, the full annual or biennial registration fee provided in sub. (9) or (9m) shall be charged for registering the aircraft.

AB402,46,3 *-2192/3.17* Section 100. 114.20 (13) (b) 1. of the statutes is amended to read:

AB402,46,7 114.20 (13) (b) 1. If an annual registration fee is not paid by November 1, from November 2 to April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB402,46,9 *-2192/3.16* Section 101. 114.20 (13) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB402,46,13 114.20 (13) (b) 1. If an annual or biennial registration fee is not paid by November 1, from November 2 to the following April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB402,46,14 *-2192/3.19* Section 102. 114.20 (13) (b) 2. of the statutes is amended to read:

AB402,46,18 114.20 (13) (b) 2. If an annual registration fee is not paid by April 30, from May 1 to October 31, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9) or (10), whichever is greater, to the fee.

AB402,46,20 *-2192/3.18* Section 103. 114.20 (13) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB402,46,25 114.20 (13) (b) 2. If an annual or biennial registration fee is not paid by the following April 30, from May 1 to October 31 or, for a biennial registration, the end of the biennial period, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

AB402,47,1 *-2192/3.20* Section 104. 114.20 (13) (b) 3. of the statutes is repealed.

AB402,47,2 *-2192/3.21* Section 105. 114.20 (13) (b) 5. of the statutes is amended to read:

AB402,47,3 114.20 (13) (b) 5. This paragraph applies after October 31, 1989 1995.

AB402,47,4 *-2192/3.22* Section 106. 114.20 (15) (b) of the statutes is amended to read:

AB402,47,9 114.20 (15) (b) The lien against the aircraft for the original registration fee shall attach at the time the fee is first payable, and the lien for all renewals of annual registration shall attach on November 1 of each year thereafter and the lien for all renewals of biennial registration shall attach on the first November of the registration period and every 2 years thereafter.

AB402,47,10 *-1531/4.2* Section 107. 121.555 (2) (c) 1. of the statutes is amended to read:

AB402,47,13 121.555 (2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid operator's license issued by another jurisdiction, as defined in s. 340.01 (41m), or a valid commercial driver license issued by Mexico.

AB402,47,14 *-2196/3.5* Section 108. Chapter 140 of the statutes is created to read:

AB402,47,16 Chapter 140 Oil company franchise fee

AB402,47,17 140.01 Definitions. In this chapter:

AB402,47,18 (1) "Average weighted retail price" means the following:

AB402,47,20 (a) For motor vehicle fuel received from October 1, 1995, to March 31, 1997, $1.10 per gallon.

AB402,47,25 (b) For motor vehicle fuel received on April 1, 1997, and thereafter, the average weighted price per gallon, for motor vehicle fuel, sold at retail in this state, as determined by a method promulgated by the department by rule, except that the average weighted price may be no lower than $1.10 as indexed and the average weighted price may be no more than $1.30 as indexed.

AB402,48,2 (2) "Consumer price index" means the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.

AB402,48,3 (3) "Diesel fuel" has the meaning given in s. 78.005 (5).

AB402,48,4 (4) "Department" means the department of revenue.

AB402,48,5 (5) "Export" has the meaning given in s. 78.005 (6).

AB402,48,6 (6) "Gasoline" has the meaning given in s. 78.005 (7).

AB402,48,8 (7) "Indexed" means adjusted as of April 1 to reflect the percentage change in the annual average consumer price index during the previous year.

AB402,48,9 (8) "Motor vehicle fuel" means gasoline or diesel fuel.

AB402,48,10 (9) "Received" means received under s. 78.07.

AB402,48,11 (10) "Supplier" has the meaning given under s. 78.005 (14).

AB402,48,15 140.02 Imposition. (1) Except as provided in sub. (2), there is imposed a fee at the rate of 4.85% of the average weighted retail price on all motor vehicle fuel received by a supplier for sale in this state, for sale for shipment to this state or for shipment to this state.

AB402,48,16 (2) The fee imposed in sub. (1) does not apply to the following:

AB402,48,20 (a) Motor vehicle fuel that is shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

AB402,48,22 (b) Motor vehicle fuel that is exported by a person who is licensed under s. 78.09 or 140.03 (5).

AB402,48,23 (c) Diesel fuel that is dyed under s. 78.01 (2p).

AB402,48,25 140.03 Administration. (1) The department shall administer the fee under this chapter.

AB402,49,2 (2) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under this chapter.

AB402,49,5 (3) Persons who are liable for the fee under this chapter shall state the number of gallons of motor vehicle fuel on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3).

AB402,49,7 (4) The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

AB402,49,14 (5) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains an oil company franchise license from the department by filing 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, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

AB402,49,25 (6) (a) To protect the revenues of this state, the department may require any person who is liable to the department for the fee under this chapter to place with it security in the amount that the department determines. The department may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under this chapter as estimated by the department. If any person fails to provide that security, the department may refuse to issue a license under sub. (5) or s. 78.09 or may revoke the person's license under sub. (5) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under this chapter, the department may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department may not pay interest on any security deposit.

AB402,50,3 (b) The security required under par. (a) may be a surety bond furnished to the department and payable to this state. The department shall prescribe the form and contents of the bond.

AB402,50,13 (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under this chapter and with the department. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under this chapter does not, within 60 days after receiving the notice, file with the department a new bond that is satisfactory to the department, the department shall revoke the person's license under sub. (5) or s. 78.09. If the person furnishes a new bond, the department shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB402,50,18 (d) If the liability on the bond is discharged or reduced or if the department determines that the bond is insufficient, the department shall require additional surety or new bonds. If any person who is liable for the fee under this chapter fails to file that additional bond within 5 days after the department provides written notice, that person's license under sub. (5) or s. 78.09 is revoked.

AB402,50,19 *-2975/2* Section 109. 218.01 (2) (bd) 1g. of the statutes is amended to read:

AB402,51,3 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department or the office of the commissioner of transportation division of hearings and appeals.