AB56: Bill Text

AB56,1058 Section 1058. 77.59 (5) of the statutes is amended to read:

AB56,667,17 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person who is entitled to the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 49.855 and 71.93 (3), (6) and (7). No person has any right to, or interest in, any refund under this chapter until setoff under ss. 49.855, 71.93, and 71.935 has been completed.

AB56,1059 Section 1059 . 77.982 (2) of the statutes is amended to read:

AB56,667,24 77.982 (2) Sections 77.51 (1f), (3pf), (9p), (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), and (18) to (23), 77.522, 77.523, 77.54 (51) and (52), 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter.

AB56,1060 Section 1060 . 77.991 (2) of the statutes is amended to read:

AB56,668,7 77.991 (2) Sections 77.51 (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.522, 77.523, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the tax under this subchapter. Section 77.73, as it applies to the taxes under subch. V, applies to the tax under this subchapter. The renter shall collect the tax under this subchapter from the person to whom the passenger car is rented.

AB56,1061 Section 1061 . 77.9951 (2) of the statutes is amended to read:

AB56,668,14 77.9951 (2) Sections 77.51 (3r), (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (1b), (3), (5), (13), (14), (18), and (19), 77.522, 77.523, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (6), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III, apply to the fee under this subchapter. The renter shall collect the fee under this subchapter from the person to whom the vehicle is rented.

AB56,1062 Section 1062. 78.01 (1) of the statutes is amended to read:

AB56,669,3 78.01 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under ss. 78.015 and 78.017 78.018 is imposed on all motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state or for export to this state except as otherwise provided in this chapter. The motor vehicle fuel tax is to be computed and paid as provided in this chapter. Except as otherwise provided in this chapter, a person who receives motor vehicle fuel under s. 78.07 shall collect from the purchaser of the motor vehicle fuel that is received, and the purchaser shall pay to the person who receives the motor vehicle fuel under s. 78.07, the tax imposed by this section on each sale of motor vehicle fuel at the time of the sale, irrespective of whether the sale is for cash or on credit. In each subsequent sale or distribution of motor vehicle fuel on which the tax has been collected as provided in this subsection, the tax collected shall be added to the selling price so that the tax is paid ultimately by the user of the motor vehicle fuel.

AB56,1063 Section 1063. 78.015 (1) of the statutes is amended to read:

AB56,669,10 78.015 (1) Before April 1 the department shall recompute and publish the rate for the tax imposed under s. 78.01 (1). The new rate per gallon shall be calculated by multiplying the rate in effect at the time of the calculation by the amount obtained under sub. (2). After the calculation of the rate that takes effect on April 1, 2006, the department shall make no further calculation under this subsection and sub. (2). This subsection first applies to the rate that takes effect on April 1, 2020.

AB56,1064 Section 1064. 78.017 of the statutes is repealed.

AB56,1065 Section 1065. 78.018 of the statutes is created to read:

AB56,669,14 78.018 Rate adjustment. On October 1, 2019, the rate of the tax imposed under s. 78.01 (1) is increased by 8 cents.

AB56,1066 Section 1066. 78.12 (4) (a) 4. of the statutes is amended to read:

AB56,669,17 78.12 (4) (a) 4. Multiply the number of gallons under subd. 3. by the rate published under s. 78.015 as increased under s. 78.017 78.018.

AB56,1067 Section 1067. 78.12 (4) (b) 2. of the statutes is amended to read:

AB56,669,20 78.12 (4) (b) 2. Multiply the number of gallons under subd. 1. by the rate published under s. 78.015 as increased under s. 78.017 78.018.

AB56,1068 Section 1068. 79.01 (2d) of the statutes is renumbered 79.01 (2d) (intro.) and amended to read:

AB56,670,2 79.01 (2d) (intro.) There is established an account in the general fund entitled the “County and Municipal Aid Account." The total amount to be distributed in 2011 to counties and municipalities from the county and municipal aid account is as follows:

AB56,670,4 (a) In 2011, $824,825,715 and the total amount to be distributed to counties and municipalities in.

AB56,670,6 (b) Beginning in 2012, and in each year thereafter, from the county and municipal aid account is and ending in 2019, $748,075,715.

AB56,1069 Section 1069. 79.01 (2d) (c) of the statutes is created to read:

AB56,670,8 79.01 (2d) (c) In 2020, and in each year thereafter, $763,137,229.

AB56,1070 Section 1070. 79.035 (5) of the statutes is renumbered 79.035 (5) (a) and amended to read:

AB56,670,14 79.035 (5) (a) Except as provided in sub. (6), for the distribution distributions beginning in 2013 and subsequent years ending in 2019, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

AB56,1071 Section 1071. 79.035 (5) (b) of the statutes is created to read:

AB56,670,19 79.035 (5) (b) Except as provided in sub. (6), for the distribution in 2020 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012, increased by 2 percent.

AB56,1072 Section 1072 . 79.035 (7) (a) 1. of the statutes is amended to read:

AB56,670,23 79.035 (7) (a) 1. For an urban mass transit system that is eligible to receive state aid under s. 85.20 (4m) (a) 6. cm. or d. and serving a population exceeding 200,000, 75 20 percent of the total amount of grants received under s. 16.047 (4m).

AB56,1073 Section 1073 . 79.05 (2) (c) of the statutes is amended to read:

AB56,671,18 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, levy limit adjustments under s. 66.0602 (3) (e) 10., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, levy limit adjustments under s. 66.0602 (3) (e) 10., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10 percent.

AB56,1074 Section 1074 . 79.10 (4) of the statutes is amended to read:

AB56,671,23 79.10 (4) School levy tax credit. Except as provided in sub. (5m), the amount appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in proportion to their share of the sum of average school tax levies for all municipalities. No municipality shall receive a payment under this subsection after 2020.

AB56,1075 Section 1075 . 79.10 (5m) of the statutes is amended to read:

AB56,672,6 79.10 (5m) First dollar credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (b), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (d), of every parcel of real property with improvements that is located in the municipality. No municipality shall receive a payment under this subsection after 2020.

AB56,1076 Section 1076 . 79.14 of the statutes is amended to read:

AB56,672,13 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007; $672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012; $747,400,000 in 2013, 2014, and 2015; $853,000,000 in 2016 and 2017; and $940,000,000 in 2018, 2019, and in each year thereafter 2020.

AB56,1077 Section 1077 . 79.15 of the statutes is amended to read:

AB56,672,19 79.15 Improvements credit. The total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and $150,000,000 in each year beginning in 2011 and in each year thereafter ending in 2020.

AB56,1078 Section 1078. 84.013 (3) (af) of the statutes is created to read:

AB56,672,23 84.013 (3) (af) I 43 extending approximately 14.3 miles between Silver Spring Drive in the city of Glendale and STH 60 in the village of Grafton, in Milwaukee and Ozaukee counties.

AB56,1079 Section 1079. 84.016 (2) of the statutes is amended to read:

AB56,673,4 84.016 (2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95, but subject to s. 86.255, this state's share of costs for any major interstate bridge project, including preliminary design work for the project, may be funded only from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).

AB56,1080 Section 1080 . 84.41 (3) of the statutes is created to read:

AB56,673,10 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

AB56,1081 Section 1081 . 84.54 of the statutes, as created by 2017 Wisconsin Act 368, is repealed.

AB56,1082 Section 1082. 84.59 (6) of the statutes is amended to read:

AB56,674,3 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $4,055,372,900 $4,197,627,500, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

AB56,1083 Section 1083. 85.09 (2) (a) of the statutes is amended to read:

AB56,675,9 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05, except that the power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

AB56,1084 Section 1084. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB56,675,19 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $61,724,900 for aid payable for calendar years 2012 to 2014 and $64,193,900 for aid payable for calendar year years 2015 to 2019 and $70,613,300 for calendar year 2020 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB56,1085 Section 1085. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB56,676,5 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,219,200 for aid payable for calendar years 2012 to 2014 and $16,868,000 for aid payable for calendar year years 2015 to 2019 and $18,554,800 for calendar year 2020 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB56,1086 Section 1086. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB56,676,12 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $23,267,200 in calendar years 2012 and 2013, $23,544,900 in calendar year 2014, and $24,486,700 in calendar year years 2015 to 2019 and $26,935,400 in calendar year 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB56,1087 Section 1087. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB56,676,19 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,267,000 in calendar years 2012 and 2013, $4,989,300 in calendar year 2014, and $5,188,900 in calendar year years 2015 to 2019 and $5,707,800 in calendar year 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB56,1088 Section 1088. 85.203 of the statutes is created to read:

AB56,676,21 85.203 Transit capital assistance grants. (1) In this section:

AB56,676,22 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB56,676,25 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

AB56,677,4 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.

AB56,1089 Section 1089. 85.61 (1) of the statutes is amended to read:

AB56,677,17 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

AB56,1090 Section 1090 . 86.195 (5) (c) of the statutes is amended to read:

AB56,677,25 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or, national origin , or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,1091 Section 1091. 86.30 (2) (a) 3. of the statutes is amended to read:

AB56,678,5 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,202 $2,389 in calendar year 2017 2019 and $2,389 $2,628 in calendar year 2018 2020 and thereafter.

AB56,1092 Section 1092. 86.30 (9) (b) of the statutes is amended to read:

AB56,678,11 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $98,400,200 $111,093,800 in calendar year 2017 2019 and $111,093,800 $122,203,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB56,1093 Section 1093. 86.30 (9) (c) of the statutes is amended to read:

AB56,678,18 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $321,260,500 $348,639,300 in calendar year 2017 2019 and $348,639,300 $383,503,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB56,1094 Section 1094. 86.31 (3g) of the statutes is amended to read:

AB56,679,2 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,127,000 in fiscal years 2014-15 to 2016-17 and $5,393,400 in fiscal year years 2017-2018 and 2018-19, $5,569,400 in fiscal year 2019-20, and $5,688,400 in fiscal year 2020-21 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB56,1095 Section 1095. 86.31 (3m) of the statutes is amended to read:

AB56,679,10 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,732,500 in fiscal years 2011-12 to 2016-17 and $5,923,600 in fiscal year years 2017-18 and 2018-19, $6,033,600 in fiscal year 2019-20, and $6,162,400 in fiscal year 2020-21 and each fiscal year thereafter, 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).

AB56,1096 Section 1096. 86.31 (3r) of the statutes is amended to read:

AB56,679,18 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $976,500 in fiscal years 2009-10 to 2016-17 and $3,850,400 in fiscal year years 2017-18 and 2018-19, $3,867,700 in fiscal year 2019-20, and $3,950,300 in fiscal year 2020-21 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB56,1097 Section 1097 . 86.51 of the statutes, as created by 2017 Wisconsin Act 368, is repealed.

AB56,1098 Section 1098. 93.06 (16) of the statutes is created to read:

AB56,679,23 93.06 (16) Farmer mental health assistance. Provide mental health assistance to farmers and farm families.

AB56,1099 Section 1099. 93.40 (1) (g) of the statutes is amended to read:

AB56,680,5 93.40 (1) (g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers , grants to local organizations that coordinate grazing, and grants to persons operating processing plants. In awarding grants to persons operating processing plants, the department shall give preference to persons operating small processing plants.

AB56,1100 Section 1100. 93.49 (3) (a) of the statutes is renumbered 93.49 (3) (a) (intro.) and amended to read:

AB56,680,12 93.49 (3) (a) (intro.) From the appropriation under s. 20.115 (4) (as), the department shall provide grants to school districts, in coordination with the department of public instruction, and to nonprofit organizations, farmers, and any other entities for the creation and expansion of farm to school programs. The department shall give preference to the following types of proposals: