Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,303,7 " Section 1641m. 66.904 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,303,17 66.904 (2) (a) Except for a contract awarded under pars. (f) to (j) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 , except for a contract awarded under pars. (f) to (j).

AB133-ASA1-CA1, s. 1641no Section 1641no. 66.904 (2) (e) of the statutes is amended to read:

AB133-ASA1-CA1,303,20 66.904 (2) (e) Paragraphs (a) to (d) do not apply to contracts awarded under s. 66.905. Paragraphs (f) to (j) do apply to contracts awarded under s. 66.905.

AB133-ASA1-CA1, s. 1641q Section 1641q. 66.904 (2) (f) to (j) of the statutes are created to read:

AB133-ASA1-CA1,303,24 66.904 (2) (f) In this subsection, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity under a process described under par. (g).

AB133-ASA1-CA1,304,3 (g) If the commission wishes to construct a public work under par. (j) using the design-build construction process, the commission shall use a selection process that contains the following procedures:

AB133-ASA1-CA1,304,11 1. The commission shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel, the approximate amount of the bond that the commission will require under par. (h) and whether the commission will offer a stipend to unsuccessful design-build teams and, if so, the amount of the stipend.

AB133-ASA1-CA1,304,22 2. Following receipt of the proposals, the commission shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The commission selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the commission or are hired by the commission to assist in the selection, commissioners and representatives from the unit of the commission that will use the facility that is to be constructed under the selection process described in this paragraph.

AB133-ASA1-CA1,305,9 3. The commission shall make a final selection from among the teams selected under subd. 2. if the commission determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the commission. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

AB133-ASA1-CA1,305,13 (h) If the commission selects a design-build team under par. (g) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the commission, to guarantee completion of the project according to the terms of the contract.

AB133-ASA1-CA1,305,14 (i) 1. In this paragraph:

AB133-ASA1-CA1,305,15 a. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB133-ASA1-CA1,305,16 b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB133-ASA1-CA1,305,19 c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB133-ASA1-CA1,306,2 2. The commission shall ensure that, for construction work and professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used, a person who is awarded such a contract by the commission shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.

AB133-ASA1-CA1,306,7 3. It shall be a goal of the commission to ensure that at least 25% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to women's businesses:

AB133-ASA1-CA1,306,9 a. Construction contracts that relate to a public work under par. (j) for which the design-build construction process is used.

AB133-ASA1-CA1,306,11 b. Professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used.

AB133-ASA1-CA1,306,15 4. It shall be a goal of the commission, with regard to each of the contracts described under subd. 3. a. and b., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

AB133-ASA1-CA1,306,21 5. a. The commission shall hire an independent person to monitor the commission's compliance with minority contracting goals under subds. 2., 3. and 4. The person hired shall have previous experience working with minority group members. The commission shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB133-ASA1-CA1,307,2 b. If the commission or a contractor is unable to meet the goals under subd. 2., 3. or 4., the person hired under subd. 5. a. shall assess whether the commission or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 6.

AB133-ASA1-CA1,307,3 6. The factors to be considered under subd. 5. b. are:

AB133-ASA1-CA1,307,6 a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB133-ASA1-CA1,307,9 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 6. a., in areas in which contracts were awarded.

AB133-ASA1-CA1,307,13 c. The extent to which the commission or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in subd. 6. a., and the extent to which eligible minority businesses and women's businesses submitted bids.

AB133-ASA1-CA1,307,15 (j) Any contract for public construction under sub. (1), for any of the following projects, may be let using the design-build construction process:

AB133-ASA1-CA1,307,16 1. Central metropolitan interceptor sewer projects.

AB133-ASA1-CA1,307,18 2. Any projects that are required to implement the department of natural resources-approved 2010 facility plan.

AB133-ASA1-CA1,307,19 3. Watercourse flood control projects for any of the following:

AB133-ASA1-CA1,307,20 a. Menomonee River.

AB133-ASA1-CA1,307,21 b. Root River.

AB133-ASA1-CA1,307,22 c. Kinnickinnic River.

AB133-ASA1-CA1,307,23 d. Lincoln Creek.".

AB133-ASA1-CA1,307,24 917. Page 808, line 25: after that line insert:

AB133-ASA1-CA1,308,1 " Section 1647c. 67.04 (5) (b) 4. of the statutes is created to read:

AB133-ASA1-CA1,308,4 67.04 (5) (b) 4. To pay unfunded prior service liability contributions under the Wisconsin retirement system if all of the proceeds of the note will be used to pay for such contributions.".

AB133-ASA1-CA1,308,6 918. Page 810, line 5: delete "Thirteen dollars and 40 cents" and substitute "Fourteen dollars".

AB133-ASA1-CA1,308,7 919. Page 811, line 18: after that line insert:

AB133-ASA1-CA1,308,8 " Section 1653d. 70.111 (3) of the statutes is amended to read:

AB133-ASA1-CA1,308,13 70.111 (3) Boats. Watercraft employed regularly in interstate traffic. Watercraft, watercraft laid up for repairs. All, all pleasure watercraft used for recreational purposes. Commercial, commercial fishing boats. Charter and equipment that is used by commercial fishing boats, charter sailboats and charter boats, other than sailboats, that are used for tours.".

AB133-ASA1-CA1,308,14 920. Page 811, line 18: after that line insert:

AB133-ASA1-CA1,308,15 " Section 1653d. 70.111 (24) of the statutes is created to read:

AB133-ASA1-CA1,308,18 70.111 (24) Motion picture theater equipment. Projection equipment, sound systems and projection screens that are owned and used by a motion picture theater.".

AB133-ASA1-CA1,308,19 921. Page 811, line 18: after that line insert:

AB133-ASA1-CA1,308,20 " Section 1653f. 70.111 (25) of the statutes is created to read:

AB133-ASA1-CA1,308,24 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station or a television station, except that this subsection does not apply to digital broadcasting equipment that is owned and used by a cable television system, as defined in s. 66.082 (2) (d).".

AB133-ASA1-CA1,309,1 922. Page 811, line 18: after that line insert:

AB133-ASA1-CA1,309,2 " Section 1653b. 70.11 (39) of the statutes is amended to read:

AB133-ASA1-CA1,309,11 70.11 (39) Computers. If the owner of the property fulfills the requirements under s. 70.35, mainframe computers, minicomputers, personal computers, networked personal computers, servers, terminals, monitors, disk drives, electronic peripheral equipment, tape drives, printers, basic operational programs, systems software, prewritten software and custom software. The exemption under this subsection does not apply to automatic teller machines, fax machines, copiers, equipment with embedded computerized components or telephone systems, including equipment that is used to provide telecommunications services, as defined in s. 76.80 (3).".

AB133-ASA1-CA1,309,12 923. Page 812, line 2: after that line insert:

AB133-ASA1-CA1,309,13 " Section 1660m. 70.58 of the statutes is amended to read:

AB133-ASA1-CA1,309,23 70.58 Forestation state tax. There is levied an annual tax of two-tenths of one mill for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57, for the purpose of acquiring, preserving and developing the forests of the state and for the purpose of forest crop law and county forest law administration and aid payments, for grants to forestry cooperatives under s. 36.56, and for the acquisition, purchase and development of forests described under s. 25.29 (7) (a) and (b), the proceeds of the tax to be paid into the conservation fund. The tax shall not be levied in any year in which general funds are appropriated for the purposes specified in this section, equal to or in excess of the amount which the tax would produce.".

AB133-ASA1-CA1,309,24 924. Page 812, line 2: after that line insert:

AB133-ASA1-CA1,310,1 " Section 1655L. 70.32 (2) (c) 1. of the statutes is amended to read:

AB133-ASA1-CA1,310,6 70.32 (2) (c) 1. "Agricultural land" means land, exclusive of buildings and improvements, that is devoted primarily to agricultural use, as defined by rule, except that "agricultural land" does not include land that generated less than $2,000 in gross farm profits resulting from agricultural use as defined under s. 91.01 (1) in the preceding year.".

AB133-ASA1-CA1,310,7 925. Page 812, line 2: after that line insert:

AB133-ASA1-CA1,310,8 " Section 1655p. 70.337 (5) of the statutes is amended to read:

AB133-ASA1-CA1,310,14 70.337 (5) Each person that is required to file a report under sub. (1) shall pay a reasonable fee that is sufficient to defray the costs to the taxation district of distributing and reviewing the forms under sub. (1) and of preparing the form for the department of revenue under sub. (2). The amount of the fee shall be established by the governing body of the taxation district. This subsection does not apply to a church or religious association that is required to file a report under sub. (1).".

AB133-ASA1-CA1,310,15 926. Page 812, line 3: delete lines 3 to 16.

AB133-ASA1-CA1,310,16 927. Page 822, line 6: delete lines 6 to 11.

AB133-ASA1-CA1,310,18 928. Page 823, line 21: delete the material beginning with that line and ending with page 824, line 17.

AB133-ASA1-CA1,310,19 929. Page 825, line 14: after that line insert:

AB133-ASA1-CA1,310,20 " Section 1674v. 71.04 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,312,14 71.04 (1) (a) All income or loss of resident individuals and resident estates and trusts shall follow the residence of the individual, estate or trust. Income or loss of nonresident individuals and nonresident estates and trusts from business, not requiring apportionment under sub. (4), (10) or (11), shall follow the situs of the business from which derived, except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state. All items of income, loss and deductions of nonresident individuals and nonresident estates and trusts derived from a tax-option corporation not requiring apportionment under sub. (9) shall follow the situs of the business of the corporation from which derived, except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state. Income or loss of nonresident individuals and nonresident estates and trusts derived from rentals and royalties from real estate or tangible personal property, or from the operation of any farm, mine or quarry, or from the sale of real property or tangible personal property shall follow the situs of the property from which derived. Income from personal services of nonresident individuals, including income from professions, shall follow the situs of the services. A nonresident limited partner's distributive share of partnership income shall follow the situs of the business, except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state. A nonresident limited liability company member's distributive share of limited liability company income shall follow the situs of the business , except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state. Income of nonresident individuals, estates and trusts from the state lottery under ch. 565 is taxable by this state. Income of nonresident individuals, estates and trusts from any multijurisdictional lottery under ch. 565 is taxable by this state, but only if the winning lottery ticket or lottery share was purchased from a retailer, as defined in s. 565.01 (6), located in this state or from the department. Income of nonresident individuals, nonresident trusts and nonresident estates from pari-mutuel winnings or purses under ch. 562 is taxable by this state. Income of nonresident individuals, estates and trusts from winnings from a casino or bingo hall that is located in this state and that is operated by a Native American tribe or band shall follow the situs of the casino or bingo hall. All other income or loss of nonresident individuals and nonresident estates and trusts, including income or loss derived from land contracts, mortgages, stocks, bonds and securities or from the sale of similar intangible personal property, shall follow the residence of such persons, except as provided in par. (b) and sub. (9), except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state.".

AB133-ASA1-CA1,312,16 930. Page 825, line 15: delete the material beginning with that line and ending with page 829, line 15.

AB133-ASA1-CA1,312,18 931. Page 829, line 19: after "of the service" insert ", except as provided in subd. 4".

AB133-ASA1-CA1,312,19 932. Page 830, line 14: after that line insert:

AB133-ASA1-CA1,313,3 "4. If the benefit of a service is received in this state, as provided under this subsection, and the taxpayer submits evidence to the department that another state that has jurisdiction to tax the service attributes the receipts from the service to that state to determine the income that is taxable by that state, the taxpayer may elect, by a method prescribed by the department, to attribute the receipts from the service to this state in proportion to the direct cost of performing such service in this state as compared to the total direct cost of performing the service in all states that have jurisdiction to tax such service.".

AB133-ASA1-CA1,313,5 933. Page 830, line 15: delete the material beginning with that line and ending with page 833, line 8.

AB133-ASA1-CA1,313,6 934. Page 833, line 8: after that line insert:

AB133-ASA1-CA1,313,7 " Section 1682pd. 71.04 (9) of the statutes is amended to read:

AB133-ASA1-CA1,313,21 71.04 (9) Nonresident income from multistate tax-option corporation. Nonresident individuals and nonresident estates and trusts deriving income from a tax-option corporation which is engaged in business within and without this state shall be taxed only on the income of the corporation derived from business transacted and property located in this state and losses and other items of the corporation deductible by such shareholders shall be limited to their proportionate share of the Wisconsin loss or other item, except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state. For purposes of this subsection, all intangible income of tax-option corporations passed through to shareholders is business income that follows the situs of the business , except that all income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in this state shall be allocated to this state.".

AB133-ASA1-CA1,313,22 935. Page 834, line 22: after that line insert:

AB133-ASA1-CA1,313,23 " Section 1685c. 71.05 (6) (b) 9. of the statutes is amended to read:

AB133-ASA1-CA1,314,9 71.05 (6) (b) 9. On assets held more than one year and on all assets acquired from a decedent, 60% of the capital gain as computed under the internal revenue code, not including capital gains for which the federal tax treatment is determined under section 406 of P.L. 99-514 and; not including amounts treated as ordinary income for federal income tax purposes because of the recapture of depreciation or any other reason; and not including amounts treated as capital gain for federal income tax purposes from the sale or exchange of a lottery prize. For purposes of this subdivision, the capital gains and capital losses for all assets shall be netted before application of the percentage.".

AB133-ASA1-CA1,314,10 936. Page 836, line 7: after that line insert:

AB133-ASA1-CA1,314,11 " Section 1688f. 71.05 (6) (b) 30. of the statutes is created to read:

AB133-ASA1-CA1,314,21 71.05 (6) (b) 30. For taxable years beginning after December 31, 1998, any settlement received for claims against any person for any recovered assets, or any amount of assets or any gain generated on such assets, that were stolen from, hidden from or otherwise lost by an individual who was persecuted by Nazi Germany or any Axis regime during any period from 1933 to 1945 and have been recovered, returned or otherwise paid to the original victim or his or her heirs or beneficiaries. The assets to which this subdivision applies includes cash, bonds, stocks, deposits in a financial institution, proceeds from a life or other type of insurance policy, jewelry, precious metals, artwork or any other item of value owned by such a victim during any period from 1920 to 1945.".

AB133-ASA1-CA1,314,22 937. Page 836, line 7: after that line insert:

AB133-ASA1-CA1,314,23 " Section 1688h. 71.05 (6) (b) 31. of the statutes is created to read:

AB133-ASA1-CA1,315,6 71.05 (6) (b) 31. An amount paid by an employer to an employe for the purchase of a public transportation pass, token or fare card, or the value of such a pass, token or fare card provided by an employer to an employe, if the money provided for, or the value of, the pass, token or fare card exceeds the amount that may be excluded from federal gross income under section 132 (a) (5) of the Internal Revenue Code for a transit pass under section 132 (f) (1) (B) of the Internal Revenue Code per month.".

AB133-ASA1-CA1,315,7 938. Page 847, line 6: after that line insert:

AB133-ASA1-CA1,315,8 " Section 1707g. 71.07 (2di) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,315,15 71.07 (2di) (a) (intro.) Except as provided in pars. (dm) and (f) and s. 73.03 (35), for any taxable year for which the person is certified under s. 560.765 (3) for entitled under s. 560.795 (3) to claim tax benefits, any person may claim as a credit against taxes otherwise due under this chapter 2.5% of the purchase price of depreciable, tangible personal property, or 1.75% of the purchase price of depreciable, tangible personal property that is expensed under section 179 of the internal revenue code for purposes of the taxes under this chapter, except that:

AB133-ASA1-CA1, s. 1707h Section 1707h. 71.07 (2di) (a) 1. of the statutes is amended to read:

AB133-ASA1-CA1,315,23 71.07 (2di) (a) 1. The investment must be in property that is purchased after the person is certified under s. 560.765 (3) for entitled under s. 560.795 (3) to claim tax benefits and that is used for at least 50% of its use in the conduct of the person's business operations for which the claimant is certified under s. 560.765 (3) at a location in a development zone under subch. VI of ch. 560 or, if the property is mobile, the base of operations of the property for at least 50% of its use must be a location in a development zone.

AB133-ASA1-CA1, s. 1707j Section 1707j. 71.07 (2di) (d) 1. of the statutes is amended to read:

AB133-ASA1-CA1,316,3 71.07 (2di) (d) 1. A copy of the claimant's certification for a verification from the department of commerce that the claimant may claim tax benefits under s. 560.765 (3) 560.795 (3).