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2023 - 2024 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 616
February 7, 2024 - Offered by Senator Marklein.
SB616-SA1,1,11 At the locations indicated, amend the bill as follows:
SB616-SA1,1,2 21. Page 1, line 8: delete “and".
SB616-SA1,1,5 32. Page 1, line 9: after “company" insert “; the income tax exemption for income
4from certain commercial loans; authorizing cigarette, tobacco, and vapor product
5enforcement positions; correcting a cross-reference; and making an appropriation".
SB616-SA1,1,6 63. Page 3, line 1: before that line insert:
SB616-SA1,1,8 7 Section 1b. 20.005 (3) (schedule) of the statutes: at the appropriate place,
8insert the following amounts for the purposes indicated: - See PDF for table PDF
SB616-SA1,1c 1Section 1c. 20.566 (1) (v) of the statutes is created to read:
SB616-SA1,2,42 20.566 (1) (v) Cigarette, tobacco, and vapor product enforcement. From the
3permanent endowment fund, the amounts in the schedule for special agent positions
4related to cigarette, tobacco, and vapor product enforcement.
SB616-SA1,1d 5Section 1d. 25.69 of the statutes is amended to read:
SB616-SA1,2,17 625.69 Permanent endowment fund. There is established a separate
7nonlapsible trust fund designated as the permanent endowment fund, consisting of
8all of the proceeds from the sale of the state's right to receive payments under the
9Attorneys General Master Tobacco Settlement Agreement of November 23, 1998,
10and all investment earnings on the proceeds. Any revenues or proceeds that are
11derived from the repurchase by the state of the tobacco settlement revenues under
12s. 16.527 (3) (c) 1. are also deposited into the permanent endowment fund. Beginning
13in the 2021-22 fiscal year, there is transferred from the permanent endowment fund
14to the Medical Assistance trust fund all of the moneys deposited into the permanent
15endowment fund in each fiscal year, except that beginning in the 2023-24 fiscal year,
16the amount of the transfer is reduced by the amount appropriated under s. 20.566
17(1) (v) for that fiscal year
.
SB616-SA1,1e 18Section 1e. 71.05 (1) (i) of the statutes, as created by 2023 Wisconsin Act 19,
19is amended to read:
SB616-SA1,3,5
171.05 (1) (i) Commercial loans. Income from of a tax-option corporation that
2is a financial institution, as defined in s. 69.30 (1) (b), including interest, fees, and
3penalties, derived from a commercial loan of five million dollars or less provided to
4a person residing or located in this state and used primarily for a business or
5agricultural purpose in this state.”.
SB616-SA1,3,6 64. Page 4, line 13: after that line insert:
SB616-SA1,3,8 7 Section 3m. 71.26 (1) (i) of the statutes, as created by 2023 Wisconsin Act 19,
8is amended to read:
SB616-SA1,3,129 71.26 (1) (i) Commercial loans. Income of a financial institution, as defined in
10s. 69.30 (1) (b), including interest, fees, and penalties, derived from a commercial loan
11of five million dollars or less provided to a person residing or located in this state and
12used primarily for a business or agricultural purpose in this state.”.
SB616-SA1,3,13 135. Page 5, line 4: after that line insert:
SB616-SA1,3,14 14 Section 5m. 71.365 (4m) (d) 1. bd. of the statutes is created to read:
SB616-SA1,3,1615 71.365 (4m) (d) 1. bd. For taxable years beginning after December 31, 2022, the
16income exclusion under s. 71.05 (1) (i) shall be allowed.”.
SB616-SA1,3,17 176. Page 6, line 16: after that line insert:
SB616-SA1,3,19 18 Section 12d. 995.15 (6) of the statutes, as created by 2023 Wisconsin Act 73,
19is amended to read:
SB616-SA1,3,2420 995.15 (6) Beginning March September 1, 2025, the department shall
21maintain and make publicly available on its website a directory that lists all
22electronic vaping device manufacturers and electronic vaping devices for which
23certification forms have been submitted and shall update the directory at least
24monthly to ensure accuracy.
SB616-SA1,12e
1Section 12e. 995.15 (9) (a) and (b) of the statutes, as created by 2023 Wisconsin
2Act 73
, are amended to read:
SB616-SA1,4,10 3(9) (a) Beginning March September 1, 2025, or on the date that the department
4first makes the directory maintained under sub. (6) available for public inspection
5on its website, whichever is later, the department shall impose on each retailer who
6sells or offers for sale an electronic vaping device in this state that is not included in
7the directory a forfeiture of $1,000 per day for each electronic vaping device offered
8for sale in violation of this section until each such device is no longer offered for sale
9in this state or until each such device is properly listed on the directory pursuant to
10this section.
SB616-SA1,4,1811 (b) Beginning March September 1, 2025, or on the date that the department
12first makes the directory maintained under sub. (6) available for public inspection
13on its website, whichever is later, the department shall impose on each manufacturer
14of an electronic vaping device that is sold in this state, but not included in the
15directory a forfeiture of $1,000 per day for each electronic vaping device offered for
16sale in violation of this section until each such device is no longer offered for sale in
17this state or until each such device is properly listed on the directory pursuant to this
18section.
SB616-SA1,12m 19Section 12m. 2023 Wisconsin Act 73, section 65 (3m) is amended by replacing
20Section 64c” with “Section 64c (5m)”.
SB616-SA1,12n 21Section 12n. Nonstatutory provisions.
SB616-SA1,5,222 (1) Cigarette, tobacco, and vapor product special agents. The authorized
23FTE positions for the department of revenue are increased by 4.0 SEG positions on

1April 1, 2024, to be funded from the appropriation under s. 20.566 (1) (v), for the
2purpose of cigarette, tobacco, and vapor product enforcement.”.
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