AB920: Bill Text

AB920, s. 118 Section 118. 59.79 (9) (b) of the statutes is renumbered 59.792 (3) (a) 1. and amended to read:

AB920,54,4 59.792 (3) (a) 1. Engage in the function of the destruction or disposal of waste by providing dumpage facilities; acquire.

AB920,54,7 2. Acquire lands by purchase, lease, donation or right of eminent domain within such the county and use the lands as dumpage sites for depositing, salvaging, processing, burning or otherwise disposing of the waste, and acquire.

AB920,54,9 3. Acquire land by purchase, lease or donation outside such the county for said purposes described in subd. 2. where state and local regulations permit; construct.

AB920,54,11 4. Construct and equip incinerators and other structures to be used for disposal of waste; maintain.

AB920,54,12 5. Maintain, control and operate dumpage sites; maintain.

AB920,54,14 6. Maintain, control and operate incinerators for burning such materials; utilize waste.

AB920,54,16 7. Utilize or dispose of by sale or otherwise heat or power reclaimed from incinerator facilities; sell.

AB920,54,17 8. Sell all salvageable waste materials and by-products; levy.

AB920,54,20 9. Levy a tax to create a working capital fund to maintain and operate dumpage facilities, construct, equip and operate incinerators and other structures for disposal of wastes; charge.

AB920,54,22 10. Charge or assess reasonable fees to persons making use of such sites, incinerators or other structures for the disposal of waste; make.

AB920,54,24 11. Make charges approximately commensurate with the cost of services rendered to any municipality using the county waste disposal facilities ; authorize.

AB920,55,4 12. Authorize payment to any municipality, in which county waste disposal facilities, including incinerators, are located, to cover the reasonable cost of fire fighting services rendered to such the county when the occasion demands such fire fighting service; contract is required.

AB920,55,7 13. Contract with private collectors and municipalities and transporters to receive and dispose of waste other than garbage at dumpage and incinerator sites; levy.

AB920,55,9 14. Levy taxes to provide funds to acquire sites and to construct and equip incinerators and other structures for disposal of wastes; enact.

AB920,55,12 15. Enact and enforce ordinances, and adopt and enforce rules and regulations, necessary for the orderly conduct of providing such dumpage facilities and services and provide forfeitures for the violation thereof.

AB920,55,18 (b) The charges for waste disposal services shall be determined by the board and shall include a reasonable charge for depreciation. In the determination of the charges the board shall give full consideration to any fees directly collected for the service. Waste disposal charges shall be apportioned under s. 70.63 to the respective municipalities receiving the service. The depreciation charges shall create a reserve for future capital outlays for waste disposal facilities.

AB920,55,24 (c) Before acquiring in such county any site in the county to be used for dumping or the erection of an incinerator or other structure for the disposal of waste, a public hearing shall be held in the county following notice of hearing by publication as a class 3 notice, under ch. 985. The term "waste" as used in this paragraph includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

AB920,56,3 (d) The powers conferred by this paragraph subsection are declared to be necessary to the preservation of the public health, welfare and convenience of the county.

Note: The definition of "waste" is relocated to the beginning of the section in conformity with current style by the next section of this bill. Breaks up long sentence and subdivides provision for improved readability and conformity with current style. See also the previous 2 sections of this bill.

AB920, s. 119 Section 119. 59.792 (1) of the statutes is created to read:

AB920,56,5 59.792 (1) In this section:

AB920,56,6 (a) "County" means a county with a population of 500,000 or more.

AB920,56,9 (b) "Waste" includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

Note: "County" is made a defined term for clarity. The definition of "waste" is relocated from within the text of the provision for conformity with current style. See also the previous 3 sections of this bill.

AB920, s. 120 Section 120. 59.792 (3) (a) (intro.) of the statutes is created to read:

AB920,56,11 59.792 (3) (a) (intro.) The county's board may do any of the following:

Note: The renumbering of s. 59.72 (9) (b) to s. 59.792 (3) (a) 1. by this bill necessitates the creation of this (intro.) paragraph.

AB920, s. 121 Section 121. 59.84 (2) (d) 5. of the statutes is amended to read:

AB920,57,5 59.84 (2) (d) 5. Whenever, before actual expressway project construction, a saving is shown to be probable in the cost of constructing a proposed new municipal or privately owned public utility (, which, if presently installed in a public way in a proposed normal manner, would ultimately be interfered with by expressway construction), by initially constructing the municipal or privately owned public utility in other than a normal manner to accommodate future expressway construction, in order to effect savings by avoiding reconstruction and relocating at a later date, the board may contract with the municipal government or utility company involved for the construction of the public utility in such other than normal manner and to pay to it the municipal government or utility company the portion of the cost of the special construction in excess of the cost if constructed in the proposed normal manner. Funds for such purpose, the funds for which may be taken from the land acquisition fund authorized in subd. 2.

Note: Replaces parentheses and inserts specific reference for improved readability and conformity with current style.

AB920, s. 122 Section 122. 67.03 (1) (intro.) and (b) of the statutes are consolidated, renumbered 67.03 (1) (a) and amended to read:

AB920,57,17 67.03 (1) (a) Except as provided in s. 67.01 (9), municipalities may borrow money and issue municipal obligations therefor only for the purposes and by the procedure specified in this chapter. The aggregate amount of indebtedness, including existing indebtedness, of any municipality shall not exceed 5% of the value of the taxable property located therein in the municipality as equalized for state purposes except as follows: (b) For that the aggregate amount of indebtedness of any school district which that offers no less than grades 1 to 12 and which that at the time of incurring such the debt is eligible to receive state aid under s. 121.08, shall not exceed 10% of such the equalized value shall be permitted of the taxable property located in the school district.

AB920,57,22 (b) Any school district about to incur indebtedness may apply to the state superintendent of public instruction for, and the state superintendent may issue, a certificate as to the eligibility of the school district to receive state aid under s. 121.08, which certificate shall be conclusive as to such eligibility for 30 days, but not beyond the next June 30.

Note: Renumbers provision to eliminate improper use of the (intro.) paragraph and replaces disfavored terms.

AB920, s. 123 Section 123. 70.77 (1) of the statutes is renumbered 70.77.

Note: Deletes unnecessary subsection number. Section 70.77 is not divided into subsections.

AB920, s. 124 Section 124. 77.51 (4) (b) 1. of the statutes is amended to read:

AB920,58,3 77.51 (4) (b) 1. Cash or term discounts allowed and taken on sales;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 125 Section 125. 77.51 (15) (a) 1., 2. and 3. of the statutes are amended to read:

AB920,58,5 77.51 (15) (a) 1. The cost of the property sold;.

AB920,58,7 2. The cost of the materials used, labor or service cost, losses or any other expenses;.

AB920,58,8 3. The cost of transportation of the property prior to its purchase ;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 126 Section 126. 77.51 (15) (b) 1. and 2. of the statutes are amended to read:

AB920,58,10 77.51 (15) (b) 1. Cash discounts allowed and taken on sales;.

AB920,58,12 2. The amount charged for property returned by customers when that entire amount is refunded either in cash or in credit;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 127 Section 127. 77.52 (18) (intro.) and (a) of the statutes are renumbered 77.52 (18) (am) and (bm).

Note: Corrects numbering. This provision contains 2 separate paragraphs. The current (intro.) paragraph is not an introductory paragraph under current drafting standards.

AB920, s. 128 Section 128. 77.55 (1) (a) of the statutes is amended to read:

AB920,58,17 77.55 (1) (a) The United States, its unincorporated agencies and instrumentalities;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 129 Section 129. 77.61 (5) (b) (intro.), 1., 2., 3., 4. and 5. of the statutes are amended to read:

AB920,59,7 77.61 (5) (b) (intro.) Subject to pars. (c) and (d) and to the rules of the department, any sales tax or use tax returns or any schedules, exhibits, writings or audit reports pertaining to the same returns, on file with the department, shall be open to examination by any of the following persons or the contents thereof divulged or used as provided in the following cases and only to the extent therein authorized.:

AB920,59,9 1. The secretary of revenue, or any officer, agent or employe of the department of revenue;.

AB920,59,10 2. The attorney general, department of justice employes; .

AB920,59,20 3. Members of the senate committee on organization or its authorized agents or the assembly committee on organization or its authorized agents provided the examination is approved by a majority vote of a quorum of its members and the tax return information is disclosed only in a meeting closed to the public. The committee may disclose tax return information to the senate or assembly or to other legislative committees if the information does not disclose the identity of particular returns or reports and the items thereof of particular returns or reports. The department of revenue shall provide assistance to the committees or their authorized agents in order to identify returns deemed that are considered necessary by them to accomplish the review and analysis of tax policy;.

AB920,59,25 4. Public officers of the federal government or other state governments or the authorized agents of such those officers, where necessary in the administration of the laws of such the federal government or other state governments, to the extent that such the federal government accords or other state governments accord similar rights of examination or information to officials of this state;.

AB920,60,2 5. a. The person who filed or submitted such the return, or to whom the same return relates or by that person's authorized agent or attorney;.

AB920,60,4 b. The person required to file reports on collection or taxes withheld from another;.

Note: Replaces punctuation for internal consistency and conformity with current style, replaces disfavored terms and corrects sentence agreement.

AB920, s. 130 Section 130. 77.62 (1) of the statutes is renumbered 77.62, and 77.62 (2), (3), (4) and (5), as renumbered, are amended to read:

AB920,60,7 77.62 (2) Release real property from the lien of a warrant;.

AB920,60,8 (3) Satisfy warrants;.

AB920,60,9 (4) Approve instalment payment agreements; .

AB920,60,10 (5) Compromise on the basis of ability to pay; or.

Note: Deletes unnecessary subsection division. Section 77.62 is not divided into subsections. Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 131 Section 131. 77.995 of the statutes is renumbered 77.995 (2) and amended to read:

AB920,61,10 77.995 (2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of station wagons, as defined in s. 340.01 (61); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). In this section, "limousine"means a passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route; but "limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or vanpools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.

Note: The next section of this bill moves the stricken definitions to a separate definitions subsection at the beginning of the section in conformity with current style.

AB920, s. 132 Section 132. 77.995 (1) of the statutes is created to read:

AB920,61,12 77.995 (1) In this section:

AB920,61,18 (a) Except as provided in par. (b), "limousine" means a passenger automobile that has a capacity of 10 or and fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.

AB920,62,2 (b) "Limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in car pools or van pools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.

Note: Moves definition to beginning of section in conformity with current style. Inserts preferred spelling of "car pool" and "van pool".

AB920, s. 133 Section 133. 78.39 (2) and (3) of the statutes are amended to read:

AB920,62,10 78.39 (2) "Alternate fuels dealer" means any person (, including the state of Wisconsin and any political subdivision thereof of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws thereof) of the United States, in the business of handling alternate fuels who delivers any part thereof of the alternate fuels into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by that person or to a retailer or user if the supplier reports and pays the tax under s. 78.40 (1).

AB920,62,16 (3) "Alternate fuels user" means the owner or other person (, including the state of Wisconsin and any political subdivision thereof of the state, but not including the United States or its agencies except to the extent now or hereafter permitted by the constitution and laws thereof) of the United States, responsible for the operation of a motor vehicle at the time an alternate fuel is placed in the fuel supply tank or tanks thereof of the motor vehicle while such the vehicle is within this state.

Note: Replaces parentheses in conformity with current style. Inserts specific references and deletes "of Wisconsin" pursuant to s. 13.93 (1) (i).

AB920, s. 134 Section 134. 79.10 (7m) (b) 1. a. of the statutes, as affected by 1999 Wisconsin Act 5, is renumbered 79.10 (7m) (b) 1.

Note: Deletes unnecessary subdivision paragraph numbering. Section 79.10 (7m) (b) 1. is not divided into smaller units.

AB920, s. 135 Section 135. 84.09 (4) of the statutes is amended to read:

AB920,63,9 84.09 (4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto, expenses of the county highway committee incurred in performing duties under this section and the county highway committee's customary per diem (, or if on an annual salary, a per diem not to exceed the lawful rate permitted for members of county boards) and expenses of the county highway committee incurred in performing duties pursuant to this section shall be if the highway committee members receive an annual salary, are paid out of the available improvement or maintenance funds, and members. Members of the a highway committee on who receive an annual salary basis shall be entitled to such the per diem paid, as compensation for their services, in addition to their annual salary fixed pursuant to s. 59.10 (3) (i).

Note: Breaks up long sentence and reorders text for more logical placement and to eliminate parentheses.

AB920, s. 136 Section 136. 88.10 (2) of the statutes is renumbered 88.10.

Note: Deletes unnecessary subsection number. Section 88.10 is not divided into units.

AB920, s. 137 Section 137. 93.11 (3) of the statutes is amended to read: