AB40-ASA1, s. 3314 20Section 3314. 560.031 of the statutes is repealed.
AB40-ASA1, s. 3315 21Section 3315. 560.032 of the statutes is renumbered 238.10 and amended to
22read:
AB40-ASA1,1302,5 23238.10 Allocation of volume cap on tax-exempt bonds. (1) Allocation.
24The department, by rule, corporation shall establish under 26 USC 146 and
25administer a system for the allocation of the volume cap on the issuance of private

1activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined
2in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and
3among this state, the Wisconsin Health and Educational Facilities Authority, the
4Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic
5Development Authority.
AB40-ASA1,1302,11 6(2) Amendment to allocation. At any time prior to December 31 in any year,
7the department corporation may promulgate adopt rules to revise the allocation
8system established for that year under sub. (1), except that any revision under this
9subsection does not apply to any allocation under which the recipient of that
10allocation has adopted a resolution authorizing the issuance of a private activity
11bond, as defined in 26 USC 141 (a).
AB40-ASA1,1302,16 12(3) Conditions. The department corporation may establish, by rule, any
13procedure for, and place any condition upon, the granting of an allocation under this
14section which the department corporation deems to be in the best interest of the state
15including, but not limited to, a requirement that a cash deposit, at a rate established
16by the department in the rules corporation, be a condition for an allocation.
AB40-ASA1,1302,19 17(4) Certification. If the secretary corporation receives notice of the issuance
18of a bond under an allocation under subs. (1) to (3), the secretary corporation shall
19certify that that bond meets the requirements of 26 USC 146.
AB40-ASA1, s. 3316 20Section 3316. 560.033 of the statutes is repealed.
AB40-ASA1, s. 3317 21Section 3317. 560.0335 of the statutes is renumbered 16.283.
AB40-ASA1, s. 3318 22Section 3318. 560.034 of the statutes is renumbered 238.11, and 238.11 (1),
23(2), (3) and (5) (intro.), as renumbered, are amended to read:
AB40-ASA1,1303,524 238.11 (1) The department corporation shall prescribe the notice forms to be
25used under ss. 66.1103 (4m) (a) 1. and 234.65 (3) (a). The department corporation

1shall include on the forms a requirement for information on the number of jobs the
2person submitting the notice expects to be eliminated, created, or maintained on the
3project site and elsewhere in this state by the project which is the subject of the
4notice. The department corporation shall prescribe the forms to be used under ss.
566.1103 (4m) (b) and 234.65 (3r).
AB40-ASA1,1303,11 6(2) If the department corporation receives a notice under s. 66.1103 (4m) (a),
7the department corporation shall estimate, no later than 20 days after receipt of the
8notice, whether the project which that is the subject of the notice is expected to
9eliminate, create, or maintain jobs on the project site and elsewhere in this state and
10the net number of jobs expected to be eliminated, created, or maintained as a result
11of the project.
AB40-ASA1,1303,17 12(3) If the department corporation receives a notice under s. 234.65 (3) (a), the
13department corporation shall estimate, no later than 20 days after receipt of the
14notice, whether the project which is the subject of the notice is expected to eliminate,
15create, or maintain jobs on the project site and elsewhere in this state and the net
16number of jobs expected to be eliminated, created, or maintained as a result of the
17project.
AB40-ASA1,1303,18 18(5) (intro.) The department corporation shall issue an estimate made:
AB40-ASA1, s. 3319 19Section 3319. 560.035 of the statutes is renumbered 16.285.
AB40-ASA1, s. 3320 20Section 3320. 560.036 of the statutes is renumbered 16.287.
AB40-ASA1, s. 3321m 21Section 3321m. 560.037 of the statutes is repealed.
AB40-ASA1, s. 3322 22Section 3322. 560.04 of the statutes is repealed.
AB40-ASA1, s. 3323 23Section 3323. 560.045 of the statutes is repealed.
AB40-ASA1, s. 3324 24Section 3324. 560.047 of the statutes is repealed.
AB40-ASA1, s. 3325 25Section 3325. 560.05 of the statutes is repealed.
AB40-ASA1, s. 3326
1Section 3326. 560.07 of the statutes is repealed.
AB40-ASA1, s. 3327 2Section 3327. 560.075 of the statutes is renumbered 238.12, and 238.12 (2),
3as renumbered, is amended to read:
AB40-ASA1,1304,114 238.12 (2) The department corporation may not award a grant or loan under
5this chapter to a person or certify a person to receive tax benefits unless the
6department corporation enters into an agreement with the person that requires the
7person to repay the grant, loan, or tax benefits if, within 5 years after receiving the
8grant or loan or being certified to receive tax benefits, the person ceases to conduct
9in this state the economic activity for which the person received the grant or loan or
10for which the person was certified to receive tax benefits and commences
11substantially the same economic activity outside this state.
AB40-ASA1, s. 3328 12Section 3328. 560.08 (1), (2) (intro.), (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j)
13of the statutes are repealed.
AB40-ASA1, s. 3329 14Section 3329. 560.08 (2) (m) of the statutes is renumbered 238.26 and
15amended to read:
AB40-ASA1,1304,19 16238.26 Report to investment board. No later than September 30 of each
17even-numbered year, the corporation shall submit to the investment board a report
18describing the types of investments in businesses in this state which that will have
19the greatest likelihood of enhancing economic development in this state.
AB40-ASA1, s. 3330c 20Section 3330c. 560.081 (1) and (2) (intro.) and (a) of the statutes are
21renumbered 238.127 (2) (intro.) and (a), and 238.127 (2) (intro.), as renumbered, is
22amended to read:
AB40-ASA1,1305,323 238.127 (2) (intro.) The department corporation shall establish and administer
24a state main street program to coordinate state and local participation in programs
25offered by the national main street center, created by the national trust for historic

1preservation, to assist municipalities in planning, managing and implementing
2programs for the revitalization of business areas. The department corporation shall
3do all of the following:
AB40-ASA1, s. 3330g 4Section 3330g. 560.081 (2) (b) of the statutes is repealed.
AB40-ASA1, s. 3330m 5Section 3330m. 560.081 (2) (c) to (h) of the statutes are renumbered 238.127
6(2) (c) to (h), and 238.127 (2) (c) (intro.), (e), (f) 4. and (h), as renumbered, are amended
7to read:
AB40-ASA1,1305,118 238.127 (2) (c) (intro.) With help from the council on main street programs and
9from
interested individuals and organizations, develop a plan describing the
10objectives of the state main street program and the methods by which the
11department corporation shall:
AB40-ASA1,1305,2012 (e) Annually select, upon application, up to 5 municipalities to participate in
13the state main street program. The program for each municipality shall conclude
14after 3 years, except that the program for each municipality selected after July 29,
151995, shall conclude after 5 years. The department corporation shall select program
16participants representing various geographical regions and populations. A
17municipality may apply to participate, and the department corporation may select
18a municipality for participation, more than one time. In selecting a municipality,
19however, the department corporation may give priority to those municipalities that
20have not previously participated.
AB40-ASA1,1305,2221 (f) 4. Local assistance in paying for the services of a design consultant
22recommended by the council on main street programs.
AB40-ASA1,1306,323 (h) Provide training, technical assistance and information on the revitalization
24of business areas to municipalities which do not participate in the state main street
25program. The department corporation may charge reasonable fees for the services

1and information provided under this paragraph. The department shall deposit all
2fees collected under this paragraph in the appropriation account under s. 20.143 (1)
3(g).
AB40-ASA1, s. 3330s 4Section 3330s. 560.081 (2) (i) of the statutes is repealed.
AB40-ASA1, s. 3331 5Section 3331. 560.082 of the statutes is repealed.
AB40-ASA1, s. 3332 6Section 3332. 560.09 of the statutes is repealed.
AB40-ASA1, s. 3333 7Section 3333. 560.097 of the statutes is renumbered 238.125 and amended to
8read:
AB40-ASA1,1306,11 9238.125 Notification of position openings; compliance. The department
10corporation shall monitor compliance with the position-opening notification
11requirements under ss. 66.1103 (6m) and 106.16.
AB40-ASA1, s. 3334b 12Section 3334b. 560.11 of the statutes is renumbered 285.795, and 285.795 (1)
13(a) and (2), as renumbered, are amended to read:
AB40-ASA1,1306,1914 285.795 (1) (a) Advise the department of natural resources concerning the
15effectiveness of the small business stationary source technical and environmental
16compliance assistance program under s. 285.79, difficulties encountered by small
17business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15
18and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285
19against small business stationary sources.
AB40-ASA1,1306,25 20(2) The employees of the department of commerce who staff the small business
21ombudsman clearinghouse under s. 560.03 (9) and the employees of
the department
22of natural resources who staff the small business stationary source technical and
23environmental compliance assistance program under s. 285.79 shall provide the
24small business environmental council with the assistance necessary to comply with
25sub. (1).
AB40-ASA1, s. 3335
1Section 3335. 560.125 (title) and (1) to (3) of the statutes are renumbered
2101.45 (title) and (1) to (3).
AB40-ASA1, s. 3336 3Section 3336. 560.125 (4) (a) to (e) of the statutes are renumbered 101.45 (4)
4(a) to (e), and 101.45 (4) (d), as renumbered, is amended to read:
AB40-ASA1,1307,75 101.45 (4) (d) In any fiscal year, the department may not pay to any one
6applicant more than 20 percent of the amount appropriated under s. 20.143 (3)
720.165 (2) (sm) for the fiscal year.
AB40-ASA1, s. 3337 8Section 3337. 560.125 (4) (f) and (g) of the statutes are repealed.
AB40-ASA1, s. 3338 9Section 3338. 560.125 (5) to (6) of the statutes are renumbered 101.45 (5) to
10(6).
AB40-ASA1, s. 3339 11Section 3339. 560.126 of the statutes is repealed.
AB40-ASA1, s. 3340 12Section 3340. 560.128 of the statutes is repealed.
AB40-ASA1, s. 3341 13Section 3341. 560.13 (1), (2), (3), (5) and (6m) of the statutes are renumbered
14238.13 (1), (2), (3), (5) and (6m), and 238.13 (2) (a) (intro.) and (b) 1., (3) (intro.) and
15(f) and (5), as renumbered, are amended to read:
AB40-ASA1,1307,1816 238.13 (2) (a) (intro.) Subject to subs. (4) and (5), from the appropriation under
17s. 20.143 (1) (qm) the department
The corporation may make a grant to a person if
18all of the following apply:
AB40-ASA1,1307,2219 (b) 1. The contribution required under par. (a) 3. may be in cash or in-kind.
20Cash contributions may be of private or public funds, excluding funds obtained under
21the program under s. 560.17 or under any program under subch. II or V of this
22chapter
. In-kind contributions shall be limited to actual remediation services.
AB40-ASA1,1307,24 23(3) (intro.) The department corporation may consider the following criteria in
24making awards under this section:
AB40-ASA1,1308,2
1(f) Any other factors considered by the department corporation to be relevant
2to assessing the viability and feasibility of the project.
AB40-ASA1,1308,5 3(5) Before the department corporation awards a grant under this section, the
4department corporation shall consider the recommendations of the department of
5administration and the department of natural resources.
AB40-ASA1, s. 3342 6Section 3342. 560.13 (4) of the statutes is repealed.
AB40-ASA1, s. 3343 7Section 3343. 560.13 (6) of the statutes is repealed.
AB40-ASA1, s. 3344 8Section 3344. 560.138 of the statutes is repealed.
AB40-ASA1, s. 3345 9Section 3345. 560.139 of the statutes is repealed.
AB40-ASA1, s. 3346 10Section 3346. 560.145 of the statutes is repealed.
AB40-ASA1, s. 3347 11Section 3347. 560.15 of the statutes is repealed.
AB40-ASA1, s. 3348 12Section 3348. 560.155 of the statutes is repealed.
AB40-ASA1, s. 3349 13Section 3349. 560.157 of the statutes is repealed.
AB40-ASA1, s. 3350 14Section 3350. 560.165 of the statutes is repealed.
AB40-ASA1, s. 3351 15Section 3351. 560.167 of the statutes is repealed.
AB40-ASA1, s. 3352 16Section 3352. 560.17 of the statutes is repealed.
AB40-ASA1, s. 3353 17Section 3353. 560.19 of the statutes is repealed.
AB40-ASA1, s. 3354 18Section 3354. 560.203 of the statutes is repealed.
AB40-ASA1, s. 3355g 19Section 3355g. 560.204 (title), (1), (2) and (4) of the statutes are renumbered
2073.15 (title), (1), (2) and (3), and 73.15 (1), (2) and (3), as renumbered, are amended
21to read:
AB40-ASA1,1308,2422 73.15 (1) The department of revenue shall implement a program to certify
23health care providers as eligible for the electronic medical records credit under ss.
2471.07 (5i), 71.28 (5i), and 71.47 (5i).
AB40-ASA1,1309,4
1(2) If the department of revenue certifies a health care provider under sub. (1),
2the department shall determine the amount of credits to allocate to the health care
3provider. The total amount of electronic medical records credits allocated to health
4care providers in any year may not exceed $10,000,000.
AB40-ASA1,1309,6 5(3) The department, in consultation with the department of revenue, shall
6promulgate rules to administer this section.
AB40-ASA1, s. 3355m 7Section 3355m. 560.204 (3) of the statutes is repealed.
AB40-ASA1, s. 3356 8Section 3356. 560.205 of the statutes is renumbered 238.15, and 238.15 (1)
9(intro.), (2) and (3) (a), (b), (d) (intro.), 1., 2. a. and b. and (e), as renumbered, are
10amended to read:
AB40-ASA1,1309,2011 238.15 (1) Angel investment tax credits. (intro.) The department corporation
12shall implement a program to certify businesses for purposes of s. 71.07 (5d). A
13business desiring certification shall submit an application to the department
14corporation in each taxable year for which the business desires certification. The
15business shall specify in its application the investment amount it wishes to raise and
16the department corporation may certify the business and determine the amount that
17qualifies for purposes of s. 71.07 (5d). Unless otherwise provided under the rules of
18the department, a
A business may be certified under this subsection, and may
19maintain such certification, only if the business satisfies all of the following
20conditions:
AB40-ASA1,1310,9 21(2) Early stage seed investment tax credits. The department corporation
22shall implement a program to certify investment fund managers for purposes of ss.
2371.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. An investment fund manager desiring
24certification shall submit an application to the department corporation. The
25investment fund manager shall specify in the application the investment amount

1that the manager wishes to raise and the department corporation may certify the
2manager and determine the amount that qualifies for purposes of ss. 71.07 (5b),
371.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment
4fund manager, the department corporation shall consider the investment fund
5manager's experience in managing venture capital funds, the past performance of
6investment funds managed by the applicant, the expected level of investment in the
7investment fund to be managed by the applicant, and any other relevant factors. The
8department corporation may certify only investment fund managers that commit to
9consider placing investments in businesses certified under sub. (1).
AB40-ASA1,1310,13 10(3) (a) List of certified businesses and investment fund managers. The
11department corporation shall maintain a list of businesses certified under sub. (1)
12and investment fund managers certified under sub. (2) and shall permit public access
13to the lists through the department's corporation's Internet Web site.
AB40-ASA1,1310,1714 (b) Notification of department of revenue. The department of commerce
15corporation shall notify the department of revenue of every certification issued under
16sub. subs. (1) and (2) and the date on which any such certification is revoked or
17expires.
AB40-ASA1,1311,1918 (d) Rules. (intro.) The department of commerce corporation, in consultation
19with the department of revenue, shall promulgate adopt rules to administer this
20section. The rules shall further define "bona fide angel investment" for purposes of
21s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under
22s. 71.07 (5d) that may be claimed for investments in businesses certified under sub.
23(1) at $3,000,000 per calendar year for calendar years beginning after December 31,
242004, and before January 1, 2008, $5,500,000 per calendar year for calendar years
25beginning after December 31, 2007, and before January 1, 2010, $6,500,000 for

1calendar year 2010, and $20,000,000 per calendar year for calendar years beginning
2after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
3an additional $250,000 for tax credits that may be claimed for investments in
4nanotechnology businesses certified under sub. (1). The rules shall also limit the
5aggregate amount of the tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and
676.638 that may be claimed for investments paid to fund managers certified under
7sub. (2) at $3,500,000 per calendar year for calendar years beginning after December
831, 2004, and before January 1, 2008, $6,000,000 per calendar year for calendar
9years beginning after December 31, 2007, and before January 1, 2010, $8,000,000 for
10calendar year 2010, and $20,500,000 per calendar year for calendar years beginning
11after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
12an additional $250,000 for tax credits that may be claimed for investments in
13nanotechnology businesses certified under sub. (1). The rules shall also provide that,
14for calendar years beginning after December 31, 2007, no person may receive a credit
15under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), or 76.638 unless the person's
16investment is kept in a certified business, or with a certified fund manager, for no less
17than 3 years. The rules shall permit the department corporation to reallocate credits
18under this section that are unused in any calendar year to a person eligible for tax
19benefits, as defined under s. 560.2055 238.16 (1) (d), if all of the following apply:
AB40-ASA1,1311,2120 1. The department corporation notifies the joint committee on finance in
21writing of its proposed reallocation.
AB40-ASA1,1311,2522 2. a. The cochairpersons of the joint committee on finance fail to notify the
23department corporation, within 14 working days after the date of the department's
24corporation's notification under subd. 1., that the committee has scheduled a meeting
25for the purpose of reviewing the proposed reallocation.
AB40-ASA1,1312,2
1b. The cochairpersons of the joint committee on finance notify the department
2corporation that the committee has approved the proposed reallocation.
AB40-ASA1,1312,143 (e) Transfer. A person who is eligible to claim a credit under s. 71.07 (5b), 71.28
4(5b), 71.47 (5b), or 76.638 may sell or otherwise transfer the credit to another person
5who is subject to the taxes or fees imposed under s. 71.02, 71.23, 71.47, or subch. III
6of ch. 76, if the person receives prior authorization from the investment fund
7manager and the manager then notifies the department of commerce corporation
8and the department of revenue of the transfer and submits with the notification a
9copy of the transfer documents. No person may sell or otherwise transfer a credit as
10provided in this paragraph more than once in a 12-month period. The department
11corporation may charge any person selling or otherwise transferring a credit under
12this paragraph a fee equal to 1 percent of the credit amount sold or transferred. The
13department shall deposit all fees collected under this paragraph in the appropriation
14account under s. 20.143 (1) (gm).
AB40-ASA1, s. 3357 15Section 3357. 560.2055 (title) and (1) of the statutes are renumbered 238.16
16(title) and (1).
AB40-ASA1, s. 3358 17Section 3358. 560.2055 (2) of the statutes is renumbered 238.16 (2), and
18238.16 (2) (intro.) and (b), as renumbered, are amended to read:
AB40-ASA1,1312,2019 238.16 (2) (intro.) The department corporation may certify a person to receive
20tax benefits under this section if all of the following apply:
AB40-ASA1,1312,2221 (b) The person applies under this section and enters into a contract with the
22department corporation.
AB40-ASA1, s. 3359m 23Section 3359m. 560.2055 (3) of the statutes is renumbered 238.16 (3), and
24238.16 (3) (intro.), (a) and (b) of the statutes, as renumbered, are amended to read:
AB40-ASA1,1313,4
1238.16 (3) Eligibility for tax benefits. (intro.) A person certified under sub.
2(2) may receive tax benefits under this section if, in each year for which the person
3claims tax benefits under this section, the person increases net employment in the
4person's business, and one of the following apply applies:
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