AB100: Bill Text

AB100, s. 1450 Section 1450. 71.935 (5) of the statutes is amended to read:

AB100,751,15 71.935 (5) At the time of each settlement, each municipality and county shall be charged for administration expenses, and the amounts charged shall be credited to the appropriation account under s. 20.566 (1) (h). Annually on or before November 1, the department shall review its costs incurred during the previous fiscal year in administering setoffs and reductions under this section and shall adjust its subsequent charges to each municipality and county to reflect that experience.

AB100, s. 1451 Section 1451. 73.01 (4) (b) of the statutes is amended to read:

AB100,752,3 73.01 (4) (b) Any matter required to be heard by the commission may be heard by any member of the commission or its a hearing examiner and reported to the commission, and hearings of matters pending before it shall be assigned to members of the commission or its the hearing examiner by the chairperson. Cases other than small claims cases shall be decided by the full commission, except that if one or more members of the commission are unavailable, cases other than small claims cases shall be decided by the member or members assigned by the chairperson prior to the hearing. If the parties have agreed to an oral decision, the member or members conducting the hearing may render an oral decision. Hearings shall be open to the public and all proceedings shall be conducted in accordance with rules of practice and procedure prescribed by the commission. Small claims cases shall be decided by one commissioner assigned by the chairperson prior to the hearing.

AB100, s. 1452 Section 1452. 73.01 (4m) (b) of the statutes is amended to read:

AB100,752,9 73.01 (4m) (b) No member of the commission, including the chairperson, or its a hearing examiner may receive any salary unless he or she first executes an affidavit at the end of each salary period stating that he or she has complied with the deadlines in par. (a). The affidavit shall be presented to and filed with every official who certifies, in whole or in part, the salary.

AB100, s. 1453 Section 1453. 73.01 (4m) (c) of the statutes is amended to read:

AB100,752,14 73.01 (4m) (c) If a member of the commission, including the chairperson, or its a hearing examiner is unable to comply with the deadline under par. (a), that person shall so certify in the record, and the period is then extended for one additional period not to exceed 90 days.

AB100, s. 1454 Section 1454. 73.03 (50) (d) of the statutes is amended to read:

AB100,752,23 73.03 (50) (d) In the case of a sole proprietor, signs the form or, in the case of other persons, has an individual who is authorized to act on behalf of the person sign the form, or, in the case of a single-owner entity that is disregarded as a separate entity under section 7701 of the Internal Revenue Code, the person is the owner. Any person who may register under this subsection may designate an agent, as defined in s. 77.524 (1) (ag), to register with the department under this subsection in the manner prescribed by the department. In this paragraph, "sign" has the meaning given in s. 77.51 (17r).

AB100, s. 1455 Section 1455. 73.03 (50b) of the statutes is created to read:

AB100,753,4 73.03 (50b) To waive the fee established under sub. (50) for applying for and renewing the business tax registration certificate, if the person who is applying for or renewing the certificate is not required for purposes of ch. 77 to hold such a certificate.

AB100, s. 1456 Section 1456. 73.03 (61) of the statutes is created to read:

AB100,753,7 73.03 (61) To do all of the following related to the Uniform Sales and Use Tax Administration Act:

AB100,753,8 (a) Certify compliance with the agreement, as defined in s. 77.65 (2) (a).

AB100,753,11 (b) Pursuant to the agreement, as defined in s. 77.65 (2) (a), certify certified service providers, as defined in s. 77.51 (1g), and certified automated systems, as defined in s. 77.524 (1) (am).

AB100,753,22 (c) Consistent with the agreement, as defined in s. 77.65 (2) (a), establish performance standards and eligibility criteria for a seller that sells tangible personal property or taxable services in at least 5 states that are signatories to the agreement, as defined in s. 77.65 (2) (a); that has total annual sales revenue of at least $500,000,000; that has a proprietary system that calculates the amount of tax owed to each taxing jurisdiction in which the seller sells tangible personal property or taxable services; and that has entered into a performance agreement with the states that are signatories to the agreement, as defined in s. 77.65 (2) (a). For purposes of this paragraph, "seller" includes an affiliated group of sellers using the same proprietary system to calculate the amount of tax owed in each taxing jurisdiction in which the sellers sell tangible personal property or taxable services.

AB100,754,2 (d) Issue a tax identification number to a person who claims an exemption under subch. III or V of ch. 77 and who is not required to register with the department for the purposes of subch. III or V of ch. 77 and establish procedures for the registration of such a person.

AB100,754,6 (e) Maintain a database that is accessible to sellers and certified service providers, as defined in s. 77.51 (1g), that indicates whether items defined in accordance with the Uniform Sales and Use Tax Administration Act are taxable or nontaxable.

AB100,754,10 (f) Maintain a database that is accessible to sellers and certified service providers, as defined in s. 77.51 (1g), that indicates tax rates, taxing jurisdiction boundaries, and zip code or address assignments related to the administration of taxes imposed under subchs. III and V of ch. 77.

AB100,754,13 (g) Set forth the information that the seller shall provide to the department for tax exemptions claimed by purchasers and establish the manner in which a seller shall provide such information to the department.

AB100,754,17 (h) Provide monetary allowances, in addition to the retailer's discount provided under s. 77.61 (4) (c), to certified service providers, as defined in s. 77.51 (1g), and sellers that use certified automated systems, as defined in s. 77.524 (1) (am), or proprietary systems, pursuant to the agreement as defined in s. 77.65 (2) (a).

AB100, s. 1457 Section 1457. 73.0301 (1) (d) 2. of the statutes is amended to read:

AB100,754,21 73.0301 (1) (d) 2. A license issued by the department of health and family services under s. 48.66 (1) (a) to a child welfare agency, group home, or shelter care facility or day care center, as required by s. 48.60, 48.625, 48.65 or 938.22 (7).

AB100, s. 1458 Section 1458. 73.0301 (1) (d) 2m. of the statutes is created to read:

AB100,754,24 73.0301 (1) (d) 2m. A license issued by the department of workforce development under s. 49.984 (1) day care center, as required by s. 49.98.

AB100, s. 1459 Section 1459. 73.0301 (1) (d) 3. of the statutes is amended to read:

AB100,755,6 73.0301 (1) (d) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3) or (3m), 146.50 (5) (a) or (b), (6g) (a), (7) or (8) (a) or (f), 250.05 (5), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

AB100, s. 1460 Section 1460. 73.0301 (2) (b) 1. a. of the statutes is amended to read:

AB100,755,20 73.0301 (2) (b) 1. a. If, after a request is made under par. (a) 1. or 2., the department of revenue certifies that the license holder or applicant for a license or license renewal or continuation is liable for delinquent taxes, revoke the license or deny the application for the license or license renewal or continuation. The department of transportation may suspend licenses described in sub. (1) (d) 7. in lieu of revoking those licenses. A suspension, revocation or denial under this subd. 1. a. is not subject to administrative review or, except as provided in subd. 2. and sub. (5) (am), judicial review. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make a revocation or denial under this subd. 1. a. With respect to a license to practice law, the department of revenue shall not submit a certification under this subd. 1. a. to the supreme court until after the license holder or applicant has exhausted his or her remedies under sub. (5) (a) and (am) or has failed to make use of such remedies.

AB100, s. 1461 Section 1461. 73.0301 (2) (b) 1. b. of the statutes is amended to read:

AB100,756,16 73.0301 (2) (b) 1. b. Mail a notice of suspension, revocation or denial under subd. 1. a. to the license holder or applicant. The notice shall include a statement of the facts that warrant the suspension, revocation or denial and a statement that the license holder or applicant may, within 30 days after the date on which the notice of denial, suspension or revocation is mailed, file a written request with the department of revenue to have the certification of tax delinquency on which the suspension, revocation or denial is based reviewed at a hearing under sub. (5) (a). With respect to a license granted by a credentialing board, the department of regulation and licensing shall mail a notice under this subd. 1. b. With respect to a license to practice law, the department of revenue shall mail a notice under this subd. 1. b. and the notice shall indicate that the license holder or applicant may request a hearing under sub. (5) (a) and (am) and that the department of revenue shall submit a certificate of delinquency to suspend, revoke, or deny a license to practice law to the supreme court after the license holder or applicant has exhausted his or her remedies under sub. (5) (a) and (am) or has failed to make use of such remedies. A notice sent to a person who holds a license to practice law or who is an applicant for a license to practice law shall also indicate that the department of revenue may not submit a certificate of delinquency to the supreme court if the license holder or applicant pays the delinquent tax in full or enters into an agreement with the department of revenue to satisfy the delinquency.

AB100, s. 1462 Section 1462. 73.0301 (2) (b) 2. of the statutes is amended to read:

AB100,756,25 73.0301 (2) (b) 2. If Except as provided in subd. 2m., if notified by the department of revenue that the department of revenue has affirmed a certification of tax delinquency after a hearing under sub. (5) (a), affirm a suspension, revocation or denial under subd. 1. a. A license holder or applicant may seek judicial review under ss. 227.52 to 227.60, except that the review shall be in the circuit court for Dane County, of an affirmation of a revocation or denial under this subdivision. With respect to a license granted by a credentialing board, the department of regulation and licensing shall make an affirmation under this subdivision.

AB100, s. 1463 Section 1463. 73.0301 (2) (b) 2m. of the statutes is created to read:

AB100,757,5 73.0301 (2) (b) 2m. With respect to a license to practice law, if notified by the department of revenue that the department of revenue has affirmed a certification of tax delinquency after any requested review under sub. (5) (a) and (am), decide whether to suspend, revoke, or deny a license to practice law.

AB100, s. 1464 Section 1464. 73.0301 (2) (c) 2. of the statutes is amended to read:

AB100,757,11 73.0301 (2) (c) 2. A licensing department may not disclose any information received under subd. 1. a. or b. to any person except to the department of revenue for the sole purpose of requesting certifications under par. (b) 2. in accordance with the memorandum of understanding under sub. (4) and administering state taxes or to the department of workforce development for the purpose of administering s. 49.22.

AB100, s. 1465 Section 1465. 73.0301 (5) (a) of the statutes is amended to read:

AB100,758,2 73.0301 (5) (a) The department of revenue shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b. or by an applicant for certification or recertification or a certificate holder under s. 73.03 (50) or 73.09 (7m) (b) to review a certification or determination of tax delinquency that is the basis of a denial or revocation of a license in accordance with this section or of a certificate, certification or recertification under s. 73.03 (50) or 73.09 (7m). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the delinquent taxes for which the department of revenue certified or determined the license or certificate holder or applicant is liable. At a hearing under this paragraph, any statement filed by the department of revenue, the licensing department or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing or review, except as provided in par. (am) and sub. (2) (b) 2.

AB100, s. 1466 Section 1466. 73.0301 (5) (am) of the statutes is created to read:

AB100,758,10 73.0301 (5) (am) If a person who holds a license to practice law or who is an applicant for a license to practice law receives a hearing under par. (a) to review a certification or determination of tax delinquency that is the basis for a denial or revocation of a license to practice law and such certification or determination is affirmed as a result of the hearing under par. (a), the person may seek judicial review of the certification or determination of tax delinquency under ss. 227.52 to 227.60, except that the review shall be in the circuit court for Dane County.

AB100, s. 1467 Section 1467. 73.0301 (5) (b) (intro.) of the statutes is amended to read:

AB100,758,15 73.0301 (5) (b) (intro.) After a hearing conducted under par. (a) or, in the case of a determination related to a license to practice law, after a hearing under par. (a) or, if the hearing is appealed, after judicial review under par. (am), the department of revenue shall do one of the following:

AB100, s. 1468 Section 1468. 73.12 (1) (b) of the statutes is amended to read:

AB100,758,19 73.12 (1) (b) "Vendor" means a person providing goods or services to this state under subch. IV or V of ch. 16 or under ch. 84 if the value of the contract for those goods or services is at least $500.

AB100, s. 1469 Section 1469. 76.07 (4g) (b) 8. of the statutes is amended to read:

AB100,759,2 76.07 (4g) (b) 8. Determine transport-related revenue by adding public service revenue allocated to this state on the basis of routes for which the company is authorized to receive subsidy payments, mutual aid allocated to this state on the basis of the ratio of transport revenues allocated to this state to transport revenues everywhere in the previous year, in-flight sales allocated to this state as they are allocated under s. 77.51 (14r) 77.522 and all other transport-related revenues from sales made in this state.

AB100, s. 1470 Section 1470. 76.16 of the statutes is amended to read:

AB100,759,19 76.16 Separate valuation of repair facilities, docks, piers, wharves, ore yards, elevators, car ferries and oil 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 oil pipeline 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 oil pipeline 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 oil 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.

AB100, s. 1471 Section 1471. 76.24 (2) (a) of the statutes is amended to read:

AB100,760,3 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.

AB100, s. 1472 Section 1472. 76.24 (2) (am) of the statutes is created to read:

AB100,760,9 76.24 (2) (am) All taxes paid by any pipeline company derived from or apportionable to oil pipeline terminal facilities on the basis of the separate valuation under s. 76.16 shall be distributed annually from the appropriation under s. 20.855 (4) (bm) to the towns, villages, and cities in which the facilities are located, pursuant to certification made by the department of revenue no later than November 1.

AB100, s. 1473 Section 1473. 76.24 (2) (bm) of the statutes is created to read:

AB100,760,17 76.24 (2) (bm) If the state is compelled to refund in whole or in part any of the taxes which have been distributed to municipalities under par. (am), the municipalities shall repay to the state, for deposit in the general fund, the amount of such tax received by them, and the department of administration shall certify the amounts to be repaid to the state to the county clerks of the counties in which the municipalities are located for levy and collection from the municipalities as other state taxes are levied and collected.

AB100, s. 1474 Section 1474. 76.30 (2) (i) of the statutes is created to read:

AB100,760,22 76.30 (2) (i) The secretary of revenue and employees of that department for the purposes of preparing and maintaining the list of persons with unpaid tax obligations as described in s. 71.91 (8) so that the list of such persons is available for public inspection.

AB100, s. 1475 Section 1475. 77.24 of the statutes is amended to read:

AB100,761,6 77.24 Division of fee. Twenty percent of all fees collected under this subchapter shall be retained by the county and the balance shall be transmitted to the state, except that the fees retained by the county that are collected in conjunction with the transfer of real estate in a 1st class city shall be transmitted to the 1st class city. Remittances shall be made monthly by the county treasurers to the department of revenue or the 1st class city, as appropriate, by the 15th day of the month following the close of the month in which the fee was collected. The remittance to the department shall be accompanied by the returns executed under s. 77.22.

AB100, s. 1476 Section 1476. 77.51 (1) of the statutes is renumbered 77.51 (1d).

AB100, s. 1477 Section 1477. 77.51 (1b) of the statutes is created to read:

AB100,761,10 77.51 (1b) "Alcohol beverage" means a beverage that is suitable for human consumption and that contains 0.5 percent or more of alcohol by volume.

AB100, s. 1478 Section 1478. 77.51 (1bk) of the statutes is created to read:

AB100,761,16 77.51 (1bk) "Audio works" means works that result from the fixation of a series of musical, spoken, or other sounds, including prerecorded or live music, prerecorded or live readings of books or other written materials, prerecorded or live speeches, and digitized sound files that are downloaded to a telephone handset. "Audio works" does not include broadcast radio services or sounds accompanying an audiovisual work.

AB100, s. 1479 Section 1479. 77.51 (1bm) of the statutes is created to read:

AB100,761,21 77.51 (1bm) "Audiovisual works" means a series of related images that, when shown in succession, impart an impression of motion, together with sound, including motion pictures, musical videos, and live events. "Audiovisual works" does not include broadcast television services or cable television system services.

AB100, s. 1480 Section 1480. 77.51 (1e) of the statutes is created to read:

AB100,762,2 77.51 (1e) "Candy" means a preparation of sugar, honey, or other natural or artificial sweetener combined with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. "Candy" does not include a preparation that contains flour or that requires refrigeration.

AB100, s. 1481 Section 1481. 77.51 (1n) of the statutes is created to read:

AB100,762,6 77.51 (1n) "Computer" means an electronic device that accepts information in digital or similar form and that manipulates such information to achieve a result based on a sequence of instructions.

AB100, s. 1482 Section 1482. 77.51 (1p) of the statutes is created to read:

AB100,762,9 77.51 (1p) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.

AB100, s. 1483 Section 1483. 77.51 (2k) of the statutes is created to read:

AB100,762,12 77.51 (2k) "Delivered electronically" means delivered to a purchaser by means other than by tangible storage media.

AB100, s. 1484 Section 1484. 77.51 (2m) of the statutes is created to read:

AB100,762,17 77.51 (2m) "Delivery charges" means charges by a seller to prepare and deliver tangible personal property or services to a location designated by the purchaser of the tangible personal property or services, including charges for transportation, shipping, postage, handling, crating, and packing.

AB100, s. 1485 Section 1485. 77.51 (3p) of the statutes is created to read:

AB100,762,20 77.51 (3p) "Dietary supplement" means a product, other than tobacco, that is intended to supplement a person's diet, if all of the following apply:

AB100,762,22 (a) The product contains any of the following ingredients or any combination of any of the following ingredients:

AB100,762,23 1. A vitamin.

AB100,762,24 2. A mineral.

AB100,762,25 3. An herb or other botanical.

AB100,763,1 4. An amino acid.

AB100,763,3 5. A dietary substance that is intended for human consumption to supplement the diet by increasing total dietary intake.

AB100,763,4 6. A concentrate, metabolite, constituent, or extract.

AB100,763,8 (b) The product is intended for ingestion in tablet, capsule, powder, soft-gel, gel-cap, or liquid form, or, if not intended for ingestion in such forms, is not represented as conventional food and is not represented for use as the sole item of a meal or diet.

AB100,763,10 (c) The product is required to be labeled as a dietary supplement as required under 21 CFR 101.36.

AB100, s. 1486 Section 1486. 77.51 (3pd) of the statutes is created to read: