Amendment ASA2-AB68

AB68-ASA2,307,6 71.47 (3q) (c) 1. b. For taxable years beginning after December 31, 2020, partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the credit results from a contract entered into with the Wisconsin Economic Development Corporation before December 22, 2017. A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 1. b. shall make the election for each taxable year on its original return and may not subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects to claim the credit under this subsection, the partners, members, and shareholders may not claim the credit under this subsection. The credit may not be claimed under this subd. 1. b. if one or more partners, members, or shareholders have claimed the credit under this subsection for the same taxable year for which the credit is claimed under this subd. 1. b.

AB68-ASA2,270 Section 270. 71.47 (3w) (c) 2. of the statutes is renumbered 71.47 (3w) (c) 2. a. and amended to read:

AB68-ASA2,307,17 71.47 (3w) (c) 2. a. Partnerships Except as provided in subd. 2. b., partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts described under pars. (b) and (bm). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB68-ASA2,271 Section 271. 71.47 (3w) (c) 2. b. of the statutes is created to read:

AB68-ASA2,308,6 71.47 (3w) (c) 2. b. For taxable years beginning after December 31, 2020, partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the credit results from a contract entered into with the Wisconsin Economic Development Corporation before December 22, 2017. A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 2. b. shall make the election for each taxable year on its original return and may not subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects to claim the credit under this subsection, the partners, members, and shareholders may not claim the credit under this subsection. The credit may not be claimed under this subd. 2. b. if one or more partners, members, or shareholders have claimed the credit under this subsection for the same taxable year for which the credit is claimed under this subd. 2. b.

AB68-ASA2,272 Section 272. 71.47 (3y) (c) 1. of the statutes is renumbered 71.47 (3y) (c) 1. a. and amended to read:

AB68-ASA2,308,17 71.47 (3y) (c) 1. a. Partnerships Except as provided in subd. 1. b., partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of amounts under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interests.

AB68-ASA2,273 Section 273. 71.47 (3y) (c) 1. b. of the statutes is created to read:

AB68-ASA2,309,6 71.47 (3y) (c) 1. b. For taxable years beginning after December 31, 2020, partnerships, limited liability companies, and tax-option corporations may elect to claim the credit under this subsection, if the credit results from a contract entered into with the Wisconsin Economic Development Corporation before December 22, 2017. A partnership, limited liability company, or tax-option corporation that wishes to make the election under this subd. 1. b. shall make the election for each taxable year on its original return and may not subsequently make or revoke the election. If a partnership, limited liability company, or tax-option corporation elects to claim the credit under this subsection, the partners, members, and shareholders may not claim the credit under this subsection. The credit may not be claimed under this subd. 1. b. if one or more partners, members, or shareholders have claimed the credit under this subsection for the same taxable year for which the credit is claimed under this subd. 1. b.

AB68-ASA2,274 Section 274. 71.47 (4) (k) 1. of the statutes is renumbered 71.47 (4) (k) 1. a. and amended to read:

AB68-ASA2,309,14 71.47 (4) (k) 1. a. The For taxable years beginning before January 1, 2021, the amount of the claim not used to offset the tax due, not to exceed 10 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB68-ASA2,275 Section 275. 71.47 (4) (k) 1. b. of the statutes is created to read:

AB68-ASA2,309,21 71.47 (4) (k) 1. b. For taxable years beginning after December 31, 2020, the amount of the claim not used to offset the tax due, not to exceed 15 percent of the allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the department of revenue to the department of administration for payment by check, share draft, or other draft drawn from the appropriation account under s. 20.835 (2) (d).

AB68-ASA2,276 Section 276. 77.51 (1fm) of the statutes is renumbered 77.51 (1fm) (intro.) and amended to read:

AB68-ASA2,310,3 77.51 (1fm) (intro.) “Candy" means a preparation of sugar, honey, or other natural or artificial sweetener combined with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. “Candy" does not include a preparation that contains flour or that requires refrigeration. any of the following:

AB68-ASA2,277 Section 277. 77.51 (1fm) (a) of the statutes is created to read:

AB68-ASA2,310,5 77.51 (1fm) (a) A preparation that contains flour or that requires refrigeration.

AB68-ASA2,278 Section 278. 77.51 (1fm) (b) of the statutes is created to read:

AB68-ASA2,310,13 77.51 (1fm) (b) A preparation that has as its predominant ingredient dried or partially dried fruit along with one or more sweeteners, and which may also contain other additives including oils, natural flavorings, fiber, or preservatives. This paragraph does not apply to a preparation that includes chocolate, nuts, yogurt, or a preparation that has a confectionary coating or glazing on the dried or partially dried fruit. For purposes of this paragraph, “dried or partially dried fruit” does not include fruit that has been ground, crushed, grated, flaked, pureed, or jellied.

AB68-ASA2,279 Section 279. 78.12 (4) (a) 5. of the statutes is created to read:

AB68-ASA2,310,17 78.12 (4) (a) 5. On the effective date of this subdivision .... [LRB inserts date], the percentages used to calculate the amounts to be subtracted from the computation of the tax under subds. 2. and 3. are doubled.

AB68-ASA2,280 Section 280. 79.10 (11) (b) of the statutes is amended to read:

AB68-ASA2,311,6 79.10 (11) (b) Before October 1, the department of administration shall determine the total funds available for distribution under the lottery and gaming credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), and (g) and (jm) and all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r), and 20.835 (2) (q) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before October 16. If the joint committee on finance does not schedule a meeting to take place before October 16, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery and gaming credit in the following year.

AB68-ASA2,281 Section 281. 84.013 (3) (b) of the statutes is amended to read:

AB68-ASA2,311,13 84.013 (3) (b) I 41 extending approximately 23 miles between STH 96 in the town of Grand Chute and CTH “F” in the town of Lawrence, in Brown and Outagamie counties, including all interchanges, and including work on local roads as necessary for the completion of the project. As a component of this project, the department shall construct an interchange of I 41 and local highways near the intersection of Southbridge Road/French Road and Creamery Road in Brown County.

AB68-ASA2,282 Section 282 . 84.014 (5m) (ag) 1. of the statutes is renumbered 84.014 (5m) (ag) 1m.

AB68-ASA2,283 Section 283 . 84.014 (5m) (ag) 1e. of the statutes is created to read:

AB68-ASA2,311,20 84.014 (5m) (ag) 1e. “I 94 east-west corridor” means all freeways, including related interchange ramps, roadways, and shoulders, encompassing I 94 in Milwaukee County from 70th Street to 16th Street, and all adjacent frontage roads and collector road systems.

AB68-ASA2,284 Section 284 . 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (am) and amended to read:

AB68-ASA2,311,24 84.0145 (1) (am) “I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1. 1m.

AB68-ASA2,285 Section 285 . 84.0145 (1) (ae) of the statutes is created to read:

AB68-ASA2,312,2 84.0145 (1) (ae) “I 94 east-west corridor project" has the meaning given in s. 84.014 (5m) (ag) 1e.

AB68-ASA2,286 Section 286. 84.0145 (2) of the statutes is amended to read:

AB68-ASA2,312,6 84.0145 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq), (av), (ax), and (ct) and 20.866 (2) (uup), (uur), (uuv), and (uuz).

AB68-ASA2,287 Section 287 . 84.0145 (3) (b) 3. of the statutes is created to read:

AB68-ASA2,312,8 84.0145 (3) (b) 3. The I 94 east-west corridor project.

AB68-ASA2,288 Section 288. 84.062 (1) (d) of the statutes is amended to read:

AB68-ASA2,312,12 84.062 (1) (d) “Design-builder" means a private legal entity, consortium, or joint venture that proposes to or executes a contract with the office to design, engineer, and construct a project under this section.

AB68-ASA2,289 Section 289. 84.062 (1) (dm) of the statutes is created to read:

AB68-ASA2,312,15 84.062 (1) (dm) “Design professional” means a person registered under s. 443.03 or 443.04 or a firm, partnership, or corporation registered under s. 443.08.

AB68-ASA2,290 Section 290. 84.062 (1) (g) of the statutes is created to read:

AB68-ASA2,312,18 84.062 (1) (g) “Director” means the director of the office of innovative program delivery attached to the department under s. 15.463 (1).

AB68-ASA2,291 Section 291. 84.062 (1) (h) of the statutes is amended to read:

AB68-ASA2,312,23 84.062 (1) (h) “Fixed price variable scope design-build contract” means a design-build contract award made to the lowest qualified responsible bidder able to provide the best qualitative scope of work at a price not to exceed a fixed price set by the office.

AB68-ASA2,292 Section 292. 84.062 (1) (j) of the statutes is created to read:

AB68-ASA2,313,2 84.062 (1) (j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.

AB68-ASA2,293 Section 293. 84.062 (1) (k) of the statutes is amended to read:

AB68-ASA2,313,5 84.062 (1) (k) “Office” means the office of innovative program delivery attached to the department under s. 15.463 (1).

AB68-ASA2,294 Section 294. 84.062 (1) (L) of the statutes is created to read:

AB68-ASA2,313,8 84.062 (1) (L) “Project” means a project involving a highway improvement, as defined in s. 84.063 (1) (a).

AB68-ASA2,295 Section 295. 84.062 (1) (m) of the statutes is amended to read:

AB68-ASA2,313,12 84.062 (1) (m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications and that is certified by the technical review committee.

AB68-ASA2,296 Section 296. 84.062 (1) (p) of the statutes is created to read:

AB68-ASA2,313,15 84.062 (1) (p) “Technical review committee” means the committee appointed under sub. (3).

AB68-ASA2,297 Section 297. 84.062 (2) of the statutes is repealed and recreated to read:

AB68-ASA2,313,21 84.062 (2) Design-build projects. (a) The department shall administer a pilot program under which not more than 6 contracts are awarded for design-build projects to be completed no later than December 31, 2025. The director may not designate a project as a design-build project unless the department is able to clearly define the scope of work.

AB68-ASA2,313,23 (b) The department may not expend more than $250,000,000 for 6 design-build contracts designated as follows:

AB68-ASA2,313,25 1. One low bid design-build contract for a project with an estimated value of not less than $5,000,000 and not more than $25,000,000.

AB68-ASA2,314,2 2. One best value design-build contract for a project with an estimated value of not less than $25,000,000 and not more than $75,000,000.

AB68-ASA2,314,4 3. One fixed price variable scope design-build contract with an estimated value of not less than $25,000,000 and not more than $75,000,000.

AB68-ASA2,314,8 4. Three contracts designated by the director with a total estimated value of not more than $125,000,000. The department may enter into a low bid design-build contract, best value design-build contract, or fixed price variable scope design-build contract under this subdivision.

AB68-ASA2,314,13 (c) For each project designated as a design-build project under par. (b), the office shall prepare a written analysis supporting the office's determination that it is in the best interests of the state to make the designation. The written analysis and supporting materials are subject to inspection under s. 19.35. The written analysis shall include all of the following:

AB68-ASA2,314,15 1. The extent to which the department can adequately define the project requirements in a proposed scope of design and construction.

AB68-ASA2,314,16 2. The impact on the projected project schedule and completion date.

AB68-ASA2,314,17 3. The impact on the projected cost of the project.

AB68-ASA2,314,18 4. The impact on the quality factors of the project.

AB68-ASA2,314,20 5. The availability of contractors with experience with design-build projects or other innovative project delivery methods.

AB68-ASA2,314,22 6. The capability of the department to manage a design-build project with office employees and design consultants.

AB68-ASA2,314,25 7. The capability of the department to oversee a design-build project with a contractor with experience with design-build projects or other innovative project delivery methods.

AB68-ASA2,315,2 8. The availability of current department employees qualified to perform design and engineering services required for the design-build project.

AB68-ASA2,315,3 9. The original character of the product or the services.

AB68-ASA2,315,5 10. The statutory authority for the designation of the project as a design-build project and how the project furthers the department's statutory duties.

AB68-ASA2,315,8 11. Whether the design-build project must comply with any federal rule or regulation or any U.S. department of transportation requirement and a statement that the design-build project is in compliance.

AB68-ASA2,315,9 12. Any other criteria the office determines is necessary.

AB68-ASA2,315,13 (d) For each project designated under par. (b), the office shall solicit requests for qualifications, requests for proposals, and cost proposals as provided in this section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified responsible bidder.

AB68-ASA2,315,24 (e) No more than 6 months following the completion of a design-build project designated under par. (b), the office shall prepare a report, with input from the design-builder and the technical review committee, detailing the project, the decision to designate the project as a design-build project, the type of design-build contract let, and recommendations for statutory changes, if any. The office shall provide this report to the joint committee on finance and the senate and assembly standing committees having jurisdiction over transportation matters. The senate and assembly standing committees having jurisdiction over transportation matters shall schedule a hearing on the report not more than 30 days following distribution of the report by the chief clerks of the senate and the assembly. This paragraph does not apply to projects completed after December 31, 2025.

AB68-ASA2,298 Section 298. 84.062 (3) of the statutes is created to read:

AB68-ASA2,316,3 84.062 (3) Technical review committee. (a) The secretary shall appoint 5 individuals to a technical review committee to evaluate proposals submitted under this section. The committee shall consist of the following:

AB68-ASA2,316,6 1. An employee of the department representing a regional office of the department who has at least 5 years of experience in the transportation construction industry.

AB68-ASA2,316,9 2. Two employees of the department representing the division of the department responsible for transportation project development, each of whom have at least 5 years of experience in the transportation construction industry.

AB68-ASA2,316,11 3. One person representing a state association of architectural, engineering, or design companies.

AB68-ASA2,316,13 4. One person representing a state association of transportation construction companies.

AB68-ASA2,316,18 (b) The secretary may not appoint to the technical review committee any person associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to the technical review committee may review proposals under this section when the proposed project could benefit the appointee or the appointee's immediate family, as defined in s. 19.42 (7).

AB68-ASA2,316,20 (c) A person appointed to the technical review committee is an agent of the department under s. 895.46.

AB68-ASA2,316,22 (d) Except as otherwise provided in this section, all records of the technical review committee are open to public inspection and copying under s. 19.35 (1).

AB68-ASA2,299 Section 299. 84.062 (4) of the statutes is created to read:

AB68-ASA2,317,4 84.062 (4) Bids. The office shall solicit design-build proposals in 2 phases. In the first phase, the office shall solicit requests for qualifications under sub. (5) and requests for proposals under sub. (6). The technical review committee shall certify responsible bidders as provided in sub. (5) (c) and shall score technical proposals as provided in sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical review committee shall evaluate cost proposals as provided in sub. (7).

AB68-ASA2,300 Section 300. 84.062 (5) (a) 1. a. of the statutes is amended to read:

AB68-ASA2,317,9 84.062 (5) (a) 1. a. The design and construction experience of the design-builder or member, personnel, and contractors who will manage the design, engineering, and construction aspects of the project. The office may not require a level of experience that will unreasonably restrict competition.