AB40: Bill Text

AB40,889,25 Chapter 77

AB40,890,15 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY, TRANSIT AUTHORITY, AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING economic development SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; PREMIER RESORT AREA TAXES; STATE RENTAL VEHICLE FEE; DRY CLEANING FEES; SOUTHEASTERN REGIONAL TRANSIT AUTHORITY FEE

AB40, s. 2178 Section 2178. 77.22 (2) (d) of the statutes is amended to read:

AB40,890,20 77.22 (2) (d) If the real estate transferred is not subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the reason why it is not so subject or the form prescribed by the department of commerce safety and professional services under s. 101.122 (6).

AB40, s. 2179 Section 2179. 77.54 (5) (am) of the statutes is created to read:

AB40,890,24 77.54 (5) (am) Modular homes, as defined in s. 101.71 (6), and manufactured homes, as defined in s. 101.91 (2), that are used in real property construction activities outside this state.

AB40, s. 2180 Section 2180. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,891,7 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin– Madison, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40, s. 2181 Section 2181. 77.54 (11m) of the statutes is created to read:

AB40,891,11 77.54 (11m) The sales price from the sales of and the storage, use, or other consumption of vegetable oil or animal fat that is converted into motor vehicle fuel that is exempt under s. 78.01 (2n) from the taxes imposed under s. 78.01 (1).

AB40, s. 2182 Section 2182. 77.61 (21) of the statutes is created to read:

AB40,891,17 77.61 (21) Beginning with the taxes that the department receives on July 1, 2012, the department shall annually estimate the amount of, and deposit into the transportation fund, the following percentages of the taxes collected under ss. 77.52 and 77.53 on the sale, lease, or use of motor vehicles and motor vehicle parts and accessories:

AB40,891,19 (a) For fiscal year 2012-13, 7.5 percent, except that the amount deposited under this paragraph may not exceed $35,127,000.

AB40,891,20 (b) For fiscal year 2013-14, 10 percent.

AB40,891,21 (c) For fiscal year 2014-15, 15 percent.

AB40,891,22 (d) For fiscal year 2015-16, 20 percent.

AB40,891,23 (e) For fiscal year 2016-17, 25 percent.

AB40,891,24 (f) For fiscal year 2017-18, 30 percent.

AB40,891,25 (g) For fiscal year 2018-19, 35 percent.

AB40,892,1 (h) For fiscal year 2019-20, 40 percent.

AB40,892,2 (i) For fiscal year 2020-21, 45 percent.

AB40,892,3 (j) For fiscal year 2021-22, and for each fiscal year thereafter, 50 percent.

AB40, s. 2183 Section 2183. 77.708 (1) of the statutes is amended to read:

AB40,892,10 77.708 (1) A transit authority created under s. 66.1039, by resolution and referendum under s. 66.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate not to exceed 0.5 percent of the sales price or purchase price. Those taxes may be imposed only in their entirety. The resolution and referendum shall be effective on the first day of the first calendar quarter that begins at least 120 days after the adoption of the resolution and affirmative result of the referendum.

AB40, s. 2184 Section 2184. Subchapter VII (title) of chapter 77 [precedes 77.92] of the statutes is amended to read:

AB40,892,13 Chapter 77

AB40,892,15 Subchapter VII Recycling Economic development surcharge

AB40, s. 2185 Section 2185. 77.93 (intro.) of the statutes is amended to read:

AB40,892,19 77.93 Applicability. (intro.) For the privilege of doing business in this state, there is imposed a recycling an economic development surcharge on the following entities:

AB40, s. 2186 Section 2186. 77.96 (6) of the statutes is amended to read:

AB40,892,22 77.96 (6) The department of revenue shall refer to the surcharge under this subchapter as the recycling economic development surcharge.

AB40, s. 2187 Section 2187. 77.97 of the statutes is amended to read:

AB40,893,3 77.97 Use of revenue. The department of revenue shall deposit the surcharge, interest and penalties collected under this subchapter in the recycling and renewable energy economic development fund under s. 25.49.

AB40, s. 2188 Section 2188. 79.01 (2d) of the statutes is amended to read:

AB40,893,10 79.01 (2d) There is established an account in the general fund entitled the "County and Municipal Aid Account." Beginning with the distributions in 2011, the The total amount to be distributed each year in 2011 to counties and municipalities from the county and municipal aid account is $824,825,715 and the total amount to be distributed to counties and municipalities in 2012, and in each year thereafter, from the county and municipal aid account is $728,825,715.

AB40, s. 2189 Section 2189. 79.02 (3) (e) of the statutes is amended to read:

AB40,893,17 79.02 (3) (e) For the distribution in 2004 and subsequent years, the total amount of the November payments to each county and municipality under s. 79.035 shall be reduced by an amount equal to the amount of supplements paid from the appropriation accounts under s. 20.435 (4) (b) and (gm) that the county or municipality received for the fiscal year in which a payment is made under this section, as determined under s. 49.45 (51).

AB40, s. 2190 Section 2190. 79.02 (5) of the statutes is created to read:

AB40,893,22 79.02 (5) (a) For the distribution in 2012, the total amount of the payments to all municipalities from the county and municipal aid account shall be reduced by $59,500,000 and the total amount of the payments to all counties from the county and municipal aid account shall be reduced by $36,500,000.

AB40,894,4 (b) 1. To calculate the reduction under this subsection for each municipality, the department of revenue shall first divide $59,500,000 by the total population of all municipalities. The department shall then adjust the result of the calculation to establish a per capita amount applied to all municipalities so that the reduction for each municipality is no more than the maximum allowable reduction under this subsection for that municipality and so that the total reductions to county and municipal aid payments for municipalities under this subsection is $59,500,000.

AB40,894,11 2. To calculate the reduction under this subsection for each county, the department of revenue shall first divide $36,500,000 by the total population of all counties. The department shall then adjust the result of the calculation to establish a per capita amount applied to all counties so that the reduction for each county is no more than the maximum allowable reduction under this subsection for that county and so that the total reductions to county and municipal aid payments for counties under this subsection is $36,500,000.

AB40,894,19 (c) The reduction for a municipality that has a population of less than 2,500 is the amount calculated by multiplying the amount determined under par. (b) 1. by the municipality's population, multiplied by the quotient of the municipality's population divided by 2,500, except that the reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 10 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57.

AB40,894,23 (d) 1. The reduction for a municipality that has a population of at least 2,500, but no greater than 10,000, is the amount equal to 10 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57, plus the amount determined as follows:

AB40,894,25 a. Multiply the amount determined under par. (b) 1. by the municipality's population.

AB40,895,1 b. Subtract 2,500 from the municipality's population.

AB40,895,2 c. Divide the number determined under subd. 1. b. by 7,500.

AB40,895,4 d. Multiply the number determined under subd. 1. a. by the number determined under subd. 1. c.

AB40,895,8 2. The reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 15 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57.

AB40,895,12 (e) 1. The reduction for a municipality that has a population greater than 10,000, but no greater than 50,000, is the amount equal to 15 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57, plus the amount determined as follows:

AB40,895,14 a. Multiply the amount determined under par. (b) 1. by the municipality's population.

AB40,895,15 b. Subtract 10,000 from the municipality's population.

AB40,895,16 c. Divide the number determined under subd. 1. b. by 40,000.

AB40,895,18 d. Multiply the number determined under subd. 1. a. by the number determined under subd. 1. c.

AB40,895,22 2. The reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 25 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57.

AB40,896,2 (f) 1. The reduction for a municipality that has a population greater than 50,000, but no greater than 110,000, is the amount equal to 25 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57, plus the amount determined as follows:

AB40,896,4 a. Multiply the amount determined under par. (b) 1. by the municipality's population.

AB40,896,5 b. Subtract 50,000 from the municipality's population.

AB40,896,6 c. Divide the number determined under subd. 1. b. by 60,000.

AB40,896,8 d. Multiply the number determined under subd. 1. a. by the number determined under subd. 1. c.

AB40,896,12 2. The reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 30 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57.

AB40,896,20 (g) The reduction for a municipality that has a population greater than 110,000 is the lesser of an amount equal to 50 percent of the municipality's payment from the county and municipal aid account in 2011 or 30 cents for each $1,000 of the municipality's equalized value, as determined under s. 70.57, plus an amount equal to the municipality's population multiplied by the amount determined under par. (b) 1., except that the reduction determined under this paragraph may not exceed an amount equal to 35 cents for each $1,000 in equalized value, as determined under s. 70.57.

AB40,896,25 (h) The reduction for a county is the amount determined under par. (b) 2. multiplied by the county's population, except that the reduction determined under this paragraph may not exceed the lesser of an amount equal to 50 percent of the county's payment from the county and municipal aid account in 2011 or $0.15 for each $1,000 of the county's equalized value, as determined under s. 70.57.

AB40, s. 2191 Section 2191. 79.035 (1) of the statutes is amended to read:

AB40,897,6 79.035 (1) In 2004 and subsequent years, except as provided under s. 79.02 (4) and (5), each county and municipality shall receive a payment from the county and municipal aid account and, beginning with payments in November 2009, from the appropriation accounts under s. 20.835 (1) (q) and (r) in an amount determined under sub. (2).

AB40, s. 2192 Section 2192. 79.04 (7) (a) of the statutes is amended to read:

AB40,897,18 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as described in sub. (6) (a), other than a nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant; or is built on a site purchased by a public utility before January 1, 1980, that was identified in an advance plan as a proposed site for a production plant; or is built on, or on a site adjacent to, brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., after December 31, 2003, and has a name-plate capacity of at least one megawatt, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.

AB40, s. 2193 Section 2193. 79.043 (6) of the statutes is amended to read:

AB40,897,23 79.043 (6) For the distribution in 2011 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under s. 79.02 (4) in 2010.

AB40, s. 2194 Section 2194. 79.043 (7) of the statutes is created to read:

AB40,898,4 79.043 (7) For the distribution in 2012 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under s. 79.02 (5) for 2012.

AB40, s. 2195 Section 2195. 79.05 (1) (am) of the statutes is amended to read:

AB40,898,10 79.05 (1) (am) "Inflation factor" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year before the statement under s. 79.015, except that the percentage under this paragraph shall not be less than 3 percent zero.

AB40, s. 2196 Section 2196. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

AB40,898,14 84.01 (6m) (b) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40, s. 2197 Section 2197. 84.01 (11m) (title) of the statutes is amended to read:

AB40,898,17 84.01 (11m) (title) Economic development assistance coordination and reporting.

AB40, s. 2198 Section 2198. 84.01 (11m) of the statutes is renumbered 84.01 (11m) (b) and amended to read:

AB40,899,2 84.01 (11m) (b) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (6m) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 2199 Section 2199. 84.01 (11m) (a) of the statutes is created to read:

AB40,899,5 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 2200 Section 2200. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and amended to read:

AB40,899,19 84.01 (13) (b) The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $25,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $25,000.

AB40, s. 2201 Section 2201. 84.01 (33) (c) of the statutes is repealed.

AB40, s. 2202 Section 2202. 84.013 (1) (a) (intro.) of the statutes is amended to read:

AB40,899,25 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which megaproject under s. 84.0145, that satisfies any of the following:

AB40,900,2 1m. The project has a total cost of more than $5,000,000 $30,000,000, subject to adjustment under sub. (2m), and which involves any of the following:

AB40, s. 2203 Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m. a.

AB40, s. 2204 Section 2204. 84.013 (1) (a) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 84.013 (1) (a) 1m. b. and amended to read: