SB451-SSA2, s. 20
1Section
20. 16.72 (2) (e) (intro.) of the statutes is amended to read:
SB451-SSA2,12,112
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
3department and any other designated purchasing agent under s. 16.71 (1) shall
4incorporate requirements for the purchase of products made from recycled materials
5and recovered materials if their use is technically and economically feasible. Each
6authority other than the University of Wisconsin Hospitals and Clinics Authority
7and the Health Insurance Risk-Sharing Plan Authority, in writing specifications for
8purchasing by the authority, shall incorporate requirements for the purchase of
9products made from recycled materials and recovered materials if their use is
10technically and economically feasible. The specifications shall include requirements
11for the purchase of the following materials:
SB451-SSA2,12,2213
16.72
(2) (f) In writing specifications under this subsection, the department,
14any other designated purchasing agent under s. 16.71 (1)
, and each authority other
15than the University of Wisconsin Hospitals and Clinics Authority
and the Health
16Insurance Risk-Sharing Plan Authority shall incorporate requirements relating to
17the recyclability and ultimate disposition of products and, wherever possible, shall
18write the specifications so as to minimize the amount of solid waste generated by the
19state, consistent with the priorities established under s. 287.05 (12). All
20specifications under this subsection shall discourage the purchase of single-use,
21disposable products and require, whenever practical, the purchase of multiple-use,
22durable products.
SB451-SSA2,13,1124
16.75
(1m) The department shall award each order or contract for materials,
25supplies or equipment on the basis of life cycle cost estimates, whenever such action
1is appropriate. Each authority other than the University of Wisconsin Hospitals and
2Clinics Authority
and the Health Insurance Risk-Sharing Plan Authority shall
3award each order or contract for materials, supplies or equipment on the basis of life
4cycle cost estimates, whenever such action is appropriate. The terms, conditions and
5evaluation criteria to be applied shall be incorporated in the solicitation of bids or
6proposals. The life cycle cost formula may include, but is not limited to, the
7applicable costs of energy efficiency, acquisition and conversion, money,
8transportation, warehousing and distribution, training, operation and maintenance
9and disposition or resale. The department shall prepare documents containing
10technical guidance for the development and use of life cycle cost estimates, and shall
11make the documents available to local governmental units.
SB451-SSA2,13,1913
16.75
(8) (a) 1. The department, any other designated purchasing agent under
14s. 16.71 (1), any agency making purchases under s. 16.74
, and each authority other
15than the University of Wisconsin Hospitals and Clinics Authority
and the Health
16Insurance Risk-Sharing Plan Authority shall, to the extent practicable, make
17purchasing selections using specifications developed under s. 16.72 (2) (e) to
18maximize the purchase of materials utilizing recycled materials and recovered
19materials.
SB451-SSA2,14,221
16.75
(8) (a) 2. Each agency and authority other than the University of
22Wisconsin Hospitals and Clinics Authority
and the Health Insurance Risk-Sharing
23Plan Authority shall ensure that the average recycled or recovered content of all
24paper purchased by the agency or authority measured as a proportion, by weight, of
1the fiber content of paper products purchased in a fiscal year, is not less than 40%
2of all purchased paper.
SB451-SSA2,14,84
16.75
(9) The department, any other designated purchasing agent under s.
516.71 (1), any agency making purchases under s. 16.74
, and any authority other than
6the University of Wisconsin Hospitals and Clinics Authority
and the Health
7Insurance Risk-Sharing Plan Authority shall, to the extent practicable, make
8purchasing selections using specifications prepared under s. 16.72 (2) (f).
SB451-SSA2,14,1910
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Fox River Navigational System Authority,
the Health
12Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and
13Entertainment Corporation shall include in all contracts executed by them a
14provision obligating the contractor not to discriminate against any employee or
15applicant for employment because of age, race, religion, color, handicap, sex, physical
16condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
17defined in s. 111.32 (13m)
, or national origin and, except with respect to sexual
18orientation, obligating the contractor to take affirmative action to ensure equal
19employment opportunities.
SB451-SSA2,15,1121
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
22Clinics Authority, the Fox River Navigational System Authority,
the Health
23Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and
24Entertainment Corporation shall include the following provision in every contract
25executed by them: "In connection with the performance of work under this contract,
1the contractor agrees not to discriminate against any employee or applicant for
2employment because of age, race, religion, color, handicap, sex, physical condition,
3developmental disability as defined in s. 51.01 (5), sexual orientation or national
4origin. This provision shall include, but not be limited to, the following: employment,
5upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
6termination; rates of pay or other forms of compensation; and selection for training,
7including apprenticeship. Except with respect to sexual orientation, the contractor
8further agrees to take affirmative action to ensure equal employment opportunities.
9The contractor agrees to post in conspicuous places, available for employees and
10applicants for employment, notices to be provided by the contracting officer setting
11forth the provisions of the nondiscrimination clause".
SB451-SSA2,15,1713
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
14Clinics Authority, the Fox River Navigational System Authority,
the Health
15Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and
16Entertainment Corporation shall take appropriate action to revise the standard
17government contract forms under this section.
SB451-SSA2,16,719
16.765
(5) The head of each contracting agency and the boards of directors of
20the University of Wisconsin Hospitals and Clinics Authority, the Fox River
21Navigational System Authority,
the Health Insurance Risk-Sharing Plan Authority, 22and the Bradley Center Sports and Entertainment Corporation shall be primarily
23responsible for obtaining compliance by any contractor with the nondiscrimination
24and affirmative action provisions prescribed by this section, according to procedures
25recommended by the department. The department shall make recommendations to
1the contracting agencies and the boards of directors of the University of Wisconsin
2Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
3Health Insurance Risk-Sharing Plan Authority, and the Bradley Center Sports and
4Entertainment Corporation for improving and making more effective the
5nondiscrimination and affirmative action provisions of contracts. The department
6shall promulgate such rules as may be necessary for the performance of its functions
7under this section.
SB451-SSA2,16,169
16.765
(6) The department may receive complaints of alleged violations of the
10nondiscrimination provisions of such contracts. The department shall investigate
11and determine whether a violation of this section has occurred. The department may
12delegate this authority to the contracting agency, the University of Wisconsin
13Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
14Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and
15Entertainment Corporation for processing in accordance with the department's
16procedures.
SB451-SSA2, s. 31
17Section
31. 16.765 (7) (intro.) of the statutes is amended to read:
SB451-SSA2,16,2518
16.765
(7) (intro.) When a violation of this section has been determined by the
19department, the contracting agency, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority,
the Health
21Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and
22Entertainment Corporation, the contracting agency, the University of Wisconsin
23Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
24Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports and
25Entertainment Corporation shall:
SB451-SSA2,17,72
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
3further violations of this section and to report its corrective action to the contracting
4agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
5Navigational System Authority,
the Health Insurance Risk-Sharing Plan Authority, 6or the Bradley
center sports and entertainment corporation Center Sports and
7Entertainment Corporation.
SB451-SSA2,17,219
16.765
(8) If further violations of this section are committed during the term
10of the contract, the contracting agency, the Fox River Navigational System Authority,
11the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports
12and Entertainment Corporation may permit the violating party to complete the
13contract, after complying with this section, but thereafter the contracting agency, the
14Fox River Navigational System Authority,
the Health Insurance Risk-Sharing Plan
15Authority, or the Bradley Center Sports and Entertainment Corporation shall
16request the department to place the name of the party on the ineligible list for state
17contracts, or the contracting agency, the Fox River Navigational System Authority,
18the Health Insurance Risk-Sharing Plan Authority, or the Bradley Center Sports
19and Entertainment Corporation may terminate the contract without liability for the
20uncompleted portion or any materials or services purchased or paid for by the
21contracting party for use in completing the contract.
SB451-SSA2,18,723
16.85
(2) To furnish engineering, architectural, project management
, and other
24building construction services whenever requisitions therefor are presented to the
25department by any agency. The department may deposit moneys received from the
1provision of these services in the account under s. 20.505 (1) (kc) or in the general
2fund as general purpose revenue — earned. In this subsection, "agency" means an
3office, department, independent agency, institution of higher education, association,
4society
, or other body in state government created or authorized to be created by the
5constitution or any law, which is entitled to expend moneys appropriated by law,
6including the legislature and the courts, but not including an authority created in
7subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
SB451-SSA2,18,239
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
10proportionate share of the estimated costs attributable to programs administered by
11the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
12may charge premiums to agencies to finance costs under this subsection and pay the
13costs from the appropriation on an actual basis. The department shall deposit all
14collections under this subsection in the appropriation account under s. 20.505 (2) (k).
15Costs assessed under this subsection may include judgments, investigative and
16adjustment fees, data processing and staff support costs, program administration
17costs, litigation costs
, and the cost of insurance contracts under sub. (5). In this
18subsection, "agency" means an office, department, independent agency, institution
19of higher education, association, society
, or other body in state government created
20or authorized to be created by the constitution or any law,
which that is entitled to
21expend moneys appropriated by law, including the legislature and the courts, but not
22including an authority created in
subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235,
23or 237.
SB451-SSA2,19,4
120.145
(5) Health Insurance Risk-Sharing Plan. (g)
Insurer assessments. All
2moneys received in insurer assessments under s. 149.13, to be paid to the Health
3Insurance Risk-Sharing Plan Authority under subch. III of ch. 149 for deposit in the
4Health Insurance Risk-Sharing Plan fund under s. 149.11 (2).
SB451-SSA2,19,85
(m)
Federal grants for high risk pool. All moneys received from the federal
6government in high risk pool grants, to be paid to the Health Insurance
7Risk-Sharing Plan Authority under subch. III of ch. 149 for deposit in the Health
8Insurance Risk-Sharing Plan fund under s. 149.11 (2).
SB451-SSA2, s. 41
13Section
41. 25.55 (3) of the statutes is renumbered 149.11 (2) (a) 1. and
14amended to read:
SB451-SSA2,19,1615
149.11
(2) (a) 1. Insurer assessments under
ch. 149 s. 149.13, paid to the
16authority under s. 20.145 (5) (g).
SB451-SSA2, s. 42
17Section
42. 25.55 (4) of the statutes is renumbered 149.11 (2) (a) 2. and
18amended to read:
SB451-SSA2,19,1919
149.11
(2) (a) 2. Premiums paid by eligible persons
under ch. 149.
SB451-SSA2,19,2321
70.11
(41m) Health Insurance Risk-Sharing Plan Authority. All property
22owned by the Health Insurance Risk-Sharing Plan Authority, provided that use of
23the property is primarily related to the purposes of the authority.
SB451-SSA2,20,5
171.07
(5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
2Definitions. In this subsection, "claimant" means a partner, limited liability
3company member, or tax-option corporation shareholder who files a claim under this
4subsection and who is a partner, member, or shareholder of an entity that is an
5insurer, as defined in s. 149.10 (5).
SB451-SSA2,20,106
(b)
Filing claims. Subject to the limitations provided under this subsection, for
7taxable years beginning after December 31, 2005, a claimant may claim as a credit
8against the taxes imposed under s. 71.02 an amount that is equal to the amount of
9the assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
10multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,20,2011
(c)
Limitations. 1. The department of revenue, in consultation with the office
12of the commissioner of insurance, shall determine the percentage under par. (b) for
13each claimant for each taxable year. The percentage shall be equal to $5,000,000
14divided by the aggregate assessment under s. 149.13. The office of the commissioner
15of insurance shall provide to each claimant that participates in the cost of
16administering the plan the aggregate assessment at the time that it notifies the
17claimant of the claimant's assessment. The aggregate amount of the credit under
18this subsection and ss. 71.28 (5g), 71.47 (5g), and 76.655 for all claimants
19participating in the cost of administering the plan under ch. 149 shall not exceed
20$5,000,000 in each fiscal year.
SB451-SSA2,21,321
2. Partnerships, limited liability companies, and tax-option corporations may
22not claim the credit under this subsection, but the eligibility for, and the amount of,
23the credit are based on their payment of amounts described under par. (b). A
24partnership, limited liability company, or tax-option corporation shall compute the
25amount of credit that each of its partners, members, or shareholders may claim and
1shall provide that information to each of them. Partners, members of limited liability
2companies, and shareholders of tax-option corporations may claim the credit in
3proportion to their ownership interests.
SB451-SSA2,21,84
3. The amount of any credits that a claimant is awarded under this subsection
5for taxable years beginning after December 31, 2005, and before January 1, 2008,
6may first be claimed against the tax imposed under this subchapter for taxable years
7beginning after December 31, 2007, and in the manner determined by the
8department of revenue.
SB451-SSA2,21,109
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
10s. 71.28 (4), applies to the credit under this subsection.
SB451-SSA2,21,1312
71.10
(4) (cp) Health Insurance Risk-Sharing Plan assessments credit under
13s. 71.07 (5g).
SB451-SSA2,21,1715
71.21
(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
16(2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t),
and (5b)
, and (5g) and passed
17through to partners shall be added to the partnership's income.
SB451-SSA2,21,2119
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
20Hospitals and Clinics Authority
, of the Health Insurance Risk-Sharing Plan
21Authority, and of the Fox River Navigational System Authority.
SB451-SSA2,22,1523
71.26
(2) (a)
Corporations in general. The "net income" of a corporation means
24the gross income as computed under the Internal Revenue Code as modified under
25sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit
1computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c)
27., the amount of the credit under s. 71.28 (3) that the taxpayer added to income
3under this paragraph at the time that the taxpayer first claimed the credit plus the
4amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm),
5(1ds), (1dx), (3g), (3n), (3t),
and (5b)
, and (5g) and not passed through by a
6partnership, limited liability company, or tax-option corporation that has added that
7amount to the partnership's, limited liability company's, or tax-option corporation's
8income under s. 71.21 (4) or 71.34 (1) (g) plus the amount of losses from the sale or
9other disposition of assets the gain from which would be wholly exempt income, as
10defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and
11minus deductions, as computed under the Internal Revenue Code as modified under
12sub. (3), plus or minus, as appropriate, an amount equal to the difference between
13the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or
14otherwise disposed of in a taxable transaction during the taxable year, except as
15provided in par. (b) and s. 71.45 (2) and (5).
SB451-SSA2,22,1917
71.28
(5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
18Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10
19(5), who files a claim under this subsection.
SB451-SSA2,22,2420
(b)
Filing claims. Subject to the limitations provided under this subsection, for
21taxable years beginning after December 31, 2005, a claimant may claim as a credit
22against the taxes imposed under s. 71.23 an amount that is equal to the amount of
23assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
24multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,23,10
1(c)
Limitations. 1. The department of revenue, in consultation with the office
2of the commissioner of insurance, shall determine the percentage under par. (b) for
3each claimant for each taxable year. The percentage shall be equal to $5,000,000
4divided by the aggregate assessment under s. 149.13. The office of the commissioner
5of insurance shall provide to each claimant that participates in the cost of
6administering the plan the aggregate assessment at the time that it notifies the
7claimant of the claimant's assessment. The aggregate amount of the credit under
8this subsection and ss. 71.07 (5g), 71.47 (5g), and 76.655 for all claimants
9participating in the cost of administering the plan under ch. 149 shall not exceed
10$5,000,000 in each fiscal year.
SB451-SSA2,23,1811
2. Partnerships, limited liability companies, and tax-option corporations may
12not claim the credit under this subsection, but the eligibility for, and the amount of,
13the credit are based on their payment of amounts described under par. (b). A
14partnership, limited liability company, or tax-option corporation shall compute the
15amount of credit that each of its partners, members, or shareholders may claim and
16shall provide that information to each of them. Partners, members of limited liability
17companies, and shareholders of tax-option corporations may claim the credit in
18proportion to their ownership interests.
SB451-SSA2,23,2319
3. The amount of any credits that a claimant is awarded under this subsection
20for taxable years beginning after December 31, 2005, and before January 1, 2008,
21may first be claimed against the tax imposed under this subchapter for taxable years
22beginning after December 31, 2007, and in the manner determined by the
23department of revenue.
SB451-SSA2,23,2524
(d)
Administration. Subsection (4) (e) to (h), as it applies to the credit under
25sub. (4), applies to the credit under this subsection.
SB451-SSA2,24,32
71.30
(3) (dm) Health Insurance Risk-Sharing Plan assessments credit under
3s. 71.28 (5g).
SB451-SSA2,24,75
71.34
(1) (g) An addition shall be made for credits computed by a tax-option
6corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g),
7(3n), (3t),
and (5b)
, and (5g) and passed through to shareholders.
SB451-SSA2,24,149
71.45
(2) (a) 10. By adding to federal taxable income the amount of credit
10computed under s. 71.47 (1dd) to (1dx), (3n),
and (5b)
, and (5g) and not passed
11through by a partnership, limited liability company, or tax-option corporation that
12has added that amount to the partnership's, limited liability company's, or
13tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g) and the amount of
14credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
SB451-SSA2,24,1816
71.47
(5g) Health Insurance Risk-Sharing Plan assessments credit. (a)
17Definitions. In this subsection, "claimant" means an insurer, as defined in s. 149.10
18(5), who files a claim under this subsection.
SB451-SSA2,24,2319
(b)
Filing claims. Subject to the limitations provided under this subsection, for
20taxable years beginning after December 31, 2005, a claimant may claim as a credit
21against the taxes imposed under s. 71.43 an amount that is equal to the amount of
22assessment under s. 149.13 that the claimant paid in the claimant's taxable year,
23multiplied by the percentage determined under par. (c) 1.
SB451-SSA2,25,824
(c)
Limitations. 1. The department of revenue, in consultation with the office
25of the commissioner of insurance, shall determine the percentage under par. (b) for
1each claimant for each taxable year. The percentage shall be equal to $5,000,000
2divided by the aggregate assessment under s. 149.13. The office of the commissioner
3of insurance shall provide to each claimant that participates in the cost of
4administering the plan the aggregate assessment at the time that it notifies the
5claimant of the claimant's assessment. The aggregate amount of the credit under
6this subsection and ss. 71.07 (5g), 71.28 (5g), and 76.655 for all claimants
7participating in the cost of administering the plan under ch. 149 shall not exceed
8$5,000,000 in each fiscal year.
SB451-SSA2,25,169
2. Partnerships, limited liability companies, and tax-option corporations may
10not claim the credit under this subsection, but the eligibility for, and the amount of,
11the credit are based on their payment of amounts described under par. (b). A
12partnership, limited liability company, or tax-option corporation shall compute the
13amount of credit that each of its partners, members, or shareholders may claim and
14shall provide that information to each of them. Partners, members of limited liability
15companies, and shareholders of tax-option corporations may claim the credit in
16proportion to their ownership interests.
SB451-SSA2,25,2117
3. The amount of any credits that a claimant is awarded under this subsection
18for taxable years beginning after December 31, 2005, and before January 1, 2008,
19may first be claimed against the tax imposed under this subchapter for taxable years
20beginning after December 31, 2007, and in the manner determined by the
21department of revenue.
SB451-SSA2,25,2322
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
23s. 71.28 (4), applies to the credit under this subsection.
SB451-SSA2,26,2
171.49
(1) (dm) Health Insurance Risk-Sharing Plan assessments credit under
2s. 71.47 (5g).
SB451-SSA2,26,6
476.655 Health Insurance Risk-Sharing Plan assessments credit. (1) 5Definitions. In this section, "claimant" means an insurer, as defined in s. 149.10 (5),
6who files a claim under this section.
SB451-SSA2,26,11
7(2) Filing claims. Subject to the limitations provided under this section, for
8taxable years beginning after December 31, 2005, a claimant may claim as a credit
9against the fees imposed under ss. 76.60, 76.63, 76.65, 76.66 or 76.67 an amount that
10is equal to the amount of assessment under s. 149.13 that the claimant paid in the
11claimant's taxable year, multiplied by the percentage determined under sub. (3).
SB451-SSA2,26,21
12(3) Limitations. (a) The department of revenue, in consultation with the office
13of the commissioner of insurance, shall determine the percentage under sub. (2) for
14each claimant for each taxable year. The percentage shall be equal to $5,000,000
15divided by the aggregate assessment under s. 149.13. The office of the commissioner
16of insurance shall provide to each claimant that participates in the cost of
17administering the plan the aggregate assessment at the time that it notifies the
18claimant of the claimant's assessment. The aggregate amount of the credit under
19this subsection and ss. 71.07 (5g), 71.28 (5g), and 71.47 (5g) for all claimants
20participating in the cost of administering the plan under ch. 149 shall not exceed
21$5,000,000 in each fiscal year.
SB451-SSA2,27,222
(b) The amount of any credits that a claimant is awarded under this section for
23taxable years beginning after December 31, 2005, and before January 1, 2008, may
24first be claimed against the fees imposed under ss. 76.60, 76.63, 76.65, or 76.67 for
1taxable years beginning after December 31, 2007, and in the manner determined by
2the department of revenue.
SB451-SSA2,27,8
3(4) Carry-forward. If the credit under sub. (2) is not entirely offset against the
4fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 that are otherwise due, the
5unused balance may be carried forward and credited against those fees in the
6following 15 years to the extent that it is not offset by those fees otherwise due in all
7the years between the year in which the assessment was paid and the year in which
8the carry-forward credit is claimed.