LRBa0845/1
JK&RAC:kmg:jf
2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO 2001 ASSEMBLY BILL 380
October 25, 2001 - Offered by Representative Gard.
AB380-AA2,1,11 At the locations indicated, amend the bill as follows:
AB380-AA2,1,4 21. Page 1, line 8: after "purposes" insert ", requiring vendors who contract with
3the state to collect sales and use taxes, requiring the lapse of certain program
4revenue moneys to the general fund,".
AB380-AA2,1,5 52. Page 2, line 1: before that line insert:
AB380-AA2,1,6 6" Section 1am. 13.92 (1) (b) 1. b. of the statutes is amended to read:
AB380-AA2,1,87 13.92 (1) (b) 1. b. Any agency, as defined in s. 16.70 (1) (1e), created under ch.
813, 14, 15, or 758.
AB380-AA2, s. 1b 9Section 1b. 16.52 (6) (a) of the statutes is amended to read:
AB380-AA2,2,510 16.52 (6) (a) Except as authorized in s. 16.74, all purchase orders, contracts,
11or printing orders for any agency, as defined in s. 16.70 (1) (1e), shall, before any
12liability is incurred thereon, be submitted to the secretary for his or her approval as
13to legality of purpose and sufficiency of appropriated and allotted funds therefor. In

1all cases the date of the contract or order governs the fiscal year to which the contract
2or order is chargeable, unless the secretary determines that the purpose of the
3contract or order is to prevent lapsing of appropriations or to otherwise circumvent
4budgetary intent. Upon such approval, the secretary shall immediately encumber
5all contracts or orders, and indicate the fiscal year to which they are chargeable.
AB380-AA2, s. 1c 6Section 1c. 16.53 (13) (a) of the statutes is amended to read:
AB380-AA2,2,87 16.53 (13) (a) In this subsection, "agency" has the meaning given in s. 16.70 (1)
8(1e).
AB380-AA2, s. 1d 9Section 1d. 16.545 (9) of the statutes, as affected by 2001 Wisconsin Act 16,
10is amended to read:
AB380-AA2,2,1711 16.545 (9) To initiate contacts with the federal government for the purpose of
12facilitating participation by agencies, as defined in s. 16.70 (1) (1e), in federal aid
13programs, to assist those agencies in applying for such aid, and to facilitate
14influencing the federal government to make policy changes that will be beneficial to
15this state. The department may assess an agency to which it provides services under
16this subsection a fee for the expenses incurred by the department in providing those
17services.
AB380-AA2, s. 1e 18Section 1e. 16.70 (1) of the statutes is renumbered 16.70 (1e).
AB380-AA2, s. 1f 19Section 1f. 16.70 (1b) of the statutes is created to read:
AB380-AA2,2,2120 16.70 (1b) "Affiliate" means an individual or business that controls, is
21controlled by, or is under common control with another individual or business.
AB380-AA2, s. 1g 22Section 1g. 16.70 (2e) of the statutes is created to read:
AB380-AA2,2,2423 16.70 (2e) "Business" means a corporation, partnership, limited liability
24company, association, or sole proprietorship operated for profit.
AB380-AA2, s. 1h 25Section 1h. 16.70 (3e) of the statutes is created to read:
AB380-AA2,3,2
116.70 (3e) "Control" means to own, directly or indirectly, more than 10% of the
2interest in or voting securities of a business.
AB380-AA2, s. 1i 3Section 1i. 16.70 (16) of the statutes is created to read:
AB380-AA2,3,74 16.70 (16) "Voting securities" means securities that confer upon the holder the
5right to vote for the election of members of the board of directors or similar governing
6body of a business, or are convertible into, or entitle the holder to receive upon their
7exercise, securities that confer such a right to vote.
AB380-AA2, s. 1j 8Section 1j. 16.75 (1) (a) 1. of the statutes, as affected by 2001 Wisconsin Act
916
, is amended to read:
AB380-AA2,3,1810 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
11materials, supplies, equipment, and contractual services to be provided to any
12agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
13(6), (7), (8), and (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05
14(7) (f), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into
15consideration life cycle cost estimates under sub. (1m), when appropriate, the
16location of the agency, the quantities of the articles to be supplied, their conformity
17with the specifications, and the purposes for which they are required and the date
18of delivery.
AB380-AA2, s. 1k 19Section 1k. 16.75 (10m) of the statutes is created to read:
AB380-AA2,3,2520 16.75 (10m) The department, any other designated purchasing agent under s.
2116.71 (1), any agency making purchases under s. 16.74, and any authority shall not
22enter into any contract or order for the purchase of materials, supplies, equipment,
23or contractual services with a person if the name of the person, or the name of an
24affiliate of that person, is certified to the department by the secretary of revenue
25under s. 77.66.
AB380-AA2, s. 1L
1Section 1L. 16.84 (14) of the statutes, as affected by 2001 Wisconsin Act 16,
2is amended to read:
AB380-AA2,4,53 16.84 (14) Provide interagency mail delivery service for agencies, as defined
4in s. 16.70 (1) (1e). The department may charge agencies for this service. Any moneys
5collected shall be credited to the appropriation account under s. 20.505 (1) (kb).
AB380-AA2, s. 1m 6Section 1m. 16.841 (1) (a) of the statutes is amended to read:
AB380-AA2,4,77 16.841 (1) (a) "Agency" has the meaning given in s. 16.70 (1) (1e).
AB380-AA2, s. 1n 8Section 1n. 16.855 (16) (b) 1. of the statutes is amended to read:
AB380-AA2,4,109 16.855 (16) (b) 1. In this paragraph, "agency" has the meaning given in s. 16.70
10(1) (1e).
AB380-AA2, s. 1p 11Section 1p. 22.01 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is
12amended to read:
AB380-AA2,4,1313 22.01 (1) "Agency" has the meaning given in s. 16.70 (1) (1e).".
AB380-AA2,4,14 143. Page 2, line 1: delete " Section 1" and substitute "Section 1q".
AB380-AA2,4,15 154. Page 3, line 18: after that line insert:
AB380-AA2,4,16 16" Section 2m. 71.04 (4) (am) of the statutes is created to read:
AB380-AA2,4,2117 71.04 (4) (am) For taxable years beginning after December 31, 2002, and before
18January 1, 2004, an apportionment fraction composed of a sales factor under sub. (7)
19representing 55% of the fraction, a property factor under sub. (5) representing 22.5%
20of the fraction, and a payroll factor under sub. (6) representing 22.5% of the
21fraction.".
AB380-AA2,4,22 225. Page 3, line 20: delete "2002" and substitute "2003".
AB380-AA2,4,23 236. Page 3, line 21: delete "2004" and substitute "2005".
AB380-AA2,4,24 247. Page 4, line 1: delete "2003" and substitute "2004".
AB380-AA2,5,1
18. Page 4, line 2: delete "2005" and substitute "2006".
AB380-AA2,5,2 29. Page 4, line 6: delete "2004" and substitute "2005".
AB380-AA2,5,3 310. Page 4, line 10: delete "2005" and substitute "2006".
AB380-AA2,5,4 411. Page 4, line 13: delete "2004" and substitute "2005".
AB380-AA2,5,5 512. Page 4, line 18: delete "2005" and substitute "2006".
AB380-AA2,5,6 613. Page 4, line 21: delete "2005" and substitute "2006".
AB380-AA2,5,7 714. Page 6, line 14: delete "2004" and substitute "2005".
AB380-AA2,5,8 815. Page 7, line 16: after that line insert:
AB380-AA2,5,9 9" Section 14m. 71.25 (6) (am) of the statutes is created to read:
AB380-AA2,5,1410 71.25 (6) (am) For taxable years beginning after December 31, 2002, and before
11January 1, 2004, an apportionment fraction composed of a sales factor under sub. (9)
12representing 55% of the fraction, a property factor under sub. (7) representing 22.5%
13of the fraction, and a payroll factor under sub. (8) representing 22.5% of the
14fraction.".
AB380-AA2,5,15 1516. Page 7, line 18: delete "2002" and substitute "2003".
AB380-AA2,5,16 1617. Page 7, line 19: delete "2004" and substitute "2005".
AB380-AA2,5,17 1718. Page 7, line 23: delete "2003" and substitute "2004".
AB380-AA2,5,18 1819. Page 7, line 24: delete "2005" and substitute "2006".
AB380-AA2,5,19 1920. Page 8, line 4: delete "2004" and substitute "2005".
AB380-AA2,5,20 2021. Page 8, line 8: delete "2005" and substitute "2006".
AB380-AA2,5,21 2122. Page 8, line 11: delete "2004" and substitute "2005".
AB380-AA2,5,22 2223. Page 8, line 16: delete "2005" and substitute "2006".
AB380-AA2,6,1
124. Page 8, line 19: delete "2005" and substitute "2006".
AB380-AA2,6,2 225. Page 10, line 11: delete "2004" and substitute "2005".
AB380-AA2,6,3 326. Page 12, line 10: delete "60%" and substitute "55%".
AB380-AA2,6,4 427. Page 12, line 11: delete "40%" and substitute "45%".
AB380-AA2,6,5 528. Page 12, line 11: after that line insert:
AB380-AA2,6,11 6"(am) For taxable years beginning after December 31, 2003, and before
7January 1, 2005, a domestic insurer that is subject to apportionment under sub. (3)
8and this subsection shall multiply the net income figure derived by the application
9of sub. (2) by an apportionment fraction composed of the percentage under sub. (3)
10(a) representing 60% of the fraction and the percentage under sub. (3) (b) 1.
11representing 40% of the fraction.".
AB380-AA2,6,12 1229. Page 12, line 12: delete "2003" and substitute "2004".
AB380-AA2,6,13 1330. Page 12, line 13: delete "2005" and substitute "2006".
AB380-AA2,6,14 1431. Page 12, line 18: delete "2004" and substitute "2005".
AB380-AA2,6,15 1532. Page 13, line 5: after that line insert:
AB380-AA2,6,16 16" Section 29d. 77.66 of the statutes is created to read:
AB380-AA2,6,21 1777.66 Refusal to collect taxes; certification. The secretary of revenue shall
18determine and periodically certify to the secretary of administration the names of
19persons, and affiliates, as defined in s. 16.70 (1b), of persons, who refuse to collect and
20remit the taxes imposed under ss. 77.52 and 77.53 on their sales delivered to this
21state.
AB380-AA2, s. 29m 22Section 29m. 146.185 (1) (i) of the statutes is amended to read:
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