Amendment SA1-AB40

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2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO 2011 ASSEMBLY BILL 40

June 16, 2011 - Offered by Senators Lassa, Hansen, Miller, Holperin, C. Larson, Carpenter, Wirch, S. Coggs, Erpenbach, Jauch, Risser, Taylor, Vinehout and T. Cullen.

AB40-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB40-SA1,1,3 1. Page 64, line 1: delete lines 1 to 13.

AB40-SA1,1,4 2. Page 65, line 2: delete "36.585" and substitute "36.11 (49)".

AB40-SA1,1,7 3. Page 107, line 4: increase the dollar amount for fiscal year 2011-12 by $22,700 and increase the dollar amount for fiscal year 2012-13 by $22,700 for the purpose of increasing funding for buy local grants.

AB40-SA1,1,11 4. Page 135, line 3: increase the dollar amount for fiscal year 2011-12 by $820,700 and increase the dollar amount for fiscal year 2012-13 by $820,700 to increase the authorized FTE positions by 5.0 GPR positions for faculty at the University of Wisconsin-Milwaukee School of Freshwater Sciences.

AB40-SA1,2,6 5. Page 135, line 3: increase the dollar amount for fiscal year 2012-13 by $131,900 to increase the authorized FTE positions by 1.0 GPR position for an academic advisor at the University of Wisconsin-Milwaukee School of Freshwater Sciences and to increase the authorized FTE positions by 1.0 GPR positions for support staff at the University of Wisconsin-Milwaukee School of Freshwater Sciences.

AB40-SA1,2,9 6. Page 135, line 3: increase the dollar amount for fiscal year 2012-13 by $47,400 to increase funding for supplies and services at the University of Wisconsin-Milwaukee School of Freshwater Sciences.

AB40-SA1,2,10 7. Page 135, line 3: after that line insert: - See PDF for table

AB40-SA1,2,11 8. Page 317, line 7: after that line insert:

AB40-SA1,2,12 " Section 544r. 20.285 (1) (ce) of the statutes is created to read:

AB40-SA1,2,15 20.285 (1) (ce) WiSys Technology Foundation grants. The amounts in the schedule for grants to the WiSys Technology Foundation, Inc., under s. 36.25 (52) (b).".

AB40-SA1,2,16 9. Page 350, line 2: after "(2)" insert "(kc) and".

AB40-SA1,2,17 10. Page 370, line 9: after that line insert:

AB40-SA1,2,18 " Section 772e. 20.835 (2) (c) of the statutes is amended to read:

AB40-SA1,2,20 20.835 (2) (c) Homestead tax credit. A sum sufficient to pay the aggregate excess claims approved under subch. VIII of ch. 71 that are not paid under par. (kc).

AB40-SA1, s. 772ee Section 772ee. 20.835 (2) (kc) of the statutes is created to read:

AB40-SA1,3,5 20.835 (2) (kc) Homestead tax credit; temporary assistance for needy families. The amounts in the schedule to be used to pay, to the extent permitted under federal law, the claims approved under subch. VIII of ch. 71. All moneys transferred from the appropriation account under s. 20.437 (2) (md) shall be credited to this appropriation account.".

AB40-SA1,3,7 11. Page 445, line 19: delete lines 19 to 25, as affected by assembly amendment 1 to assembly amendment 1.

AB40-SA1,3,8 12. Page 446, line 1: delete lines 1 and 2.

AB40-SA1,3,9 13. Page 454, line 22: delete that line and substitute:

AB40-SA1,3,10 " Section 994d. 36.25 (52) (b) of the statutes is amended to read:

AB40-SA1,3,24 36.25 (52) (b) From the appropriation under s. 20.285 (1) (cd) (ce), the board shall award grants to the foundation for the Wisconsin Small Company Advancement program to provide intellectual property management services to the extension and all institutions and college campuses other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee and for the administrative costs of the program. The amount of each grant shall be $250,000. The foundation may use no more than $75,000 of the amount appropriated under s. 20.285 (1) (cd) (ce) for the administrative costs of the program. The board may not award a grant unless the foundation shows to the satisfaction of the board that the foundation has secured, after January 1, 2010, matching funds for the program from sources other than the state that are equal to the amount of the grant, except that the amounts used for administrative costs of the program are exempt from the matching requirement. In-kind contributions may be applied to meet the matching requirement.

AB40-SA1, s. 994e Section 994e. 36.25 (52) (c) of the statutes is amended to read:

AB40-SA1,4,6 36.25 (52) (c) The board shall submit progress reports at least annually on the use of grants under par. (b) to the joint committee on finance and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), at least annually until the program funded by the grants under par. (b) is terminated.".

AB40-SA1,4,8 14. Page 462, line 22: delete lines 22 to 24, as affected by assembly amendment 1 to assembly amendment 1.

AB40-SA1,4,10 15. Page 463, line 1: delete lines 1 to 19, as affected by assembly amendment 1 to assembly amendment 1.

AB40-SA1,4,11 16. Page 476, line 10: after that line insert:

AB40-SA1,4,12 " Section 1103m. 38.41 (3) (d) of the statutes is amended to read:

AB40-SA1,4,20 38.41 (3) (d) Beginning in the 2008-09 2011-12 school year, the board shall award at least $1,000,000 $2,400,000 annually under sub. (1) for training in advanced manufacturing skills, and beginning in the 2010-11 school year, the board shall award at least $2,000,000 annually under sub. (1) for such training. A business may not receive training under such a grant unless the business pays individuals trained under the grant, at the time of the training or no later than 6 months after completion of the training, at least 150 percent of the federal minimum hourly rate prescribed under 29 USC 206 (a) (1).".

AB40-SA1,5,3 17. Page 724, line 19: after "stats" insert ", except that, for taxable years beginning after December 31, 2011, and before January 1, 2015, a claimant may claim 40 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 238.15 (1), if the fund manager has invested no more than $500,000 in the business and the business has received no more than $2,000,000 in investments that have qualified for credits under this subsection or s. 71.28 (5b) or 71.47 (5b)".

AB40-SA1,5,4 18. Page 724, line 22: after "25" insert "or 40".

AB40-SA1,5,5 19. Page 730, line 16: delete lines 16 to 25.

AB40-SA1,5,6 20. Page 731, line 1: delete lines 1 to 8.

AB40-SA1,5,13 21. Page 806, line 14: after "stats" insert ", except that, for taxable years beginning after December 31, 2011, and before January 1, 2015, a claimant may claim 40 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 238.15 (1), if the fund manager has invested no more than $500,000 in the business and the business has received no more than $2,000,000 in investments that have qualified for credits under this subsection or s. 71.07 (5b) or 71.47 (5b)".

AB40-SA1,5,14 22. Page 806, line 17: after "25" insert "or 40".

AB40-SA1,5,21 23. Page 856, line 7: after "stats" insert ", except that, for taxable years beginning after December 31, 2011, and before January 1, 2015, a claimant may claim 40 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 238.15 (1), if the fund manager has invested no more than $500,000 in the business and the business has received no more than $2,000,000 in investments that have qualified for credits under this subsection or s. 71.07 (5b) or 71.28 (5b)".

AB40-SA1,5,22 24. Page 856, line 10: after "25" insert "or 40".

AB40-SA1,6,2 25. Page 860, line 20: delete the material beginning with that line and ending with page 862, line 17.

AB40-SA1,6,3 26. Page 957, line 3: delete lines 3 to 13.

AB40-SA1,6,5 27. Page 964, line 24: delete the material beginning with that line and ending with page 966, line 16.

AB40-SA1,6,6 28. Page 970, line 10: delete lines 10 to 13.

AB40-SA1,6,8 29. Page 970, line 23: delete the material beginning with that line and ending with page 971, line 3.

AB40-SA1,6,9 30. Page 971, line 14: after that line insert:

AB40-SA1,6,10 " Section 2403y. 108.141 (1) (f) 3. b. of the statutes is amended to read:

AB40-SA1,6,16 108.141 (1) (f) 3. b. The average rate of total unemployment in this state, seasonally adjusted, as determined by the U.S. secretary of labor for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar year.; or

AB40-SA1, s. 2403yb Section 2403yb. 108.141 (1) (f) 4. of the statutes is created to read:

AB40-SA1,6,21 108.141 (1) (f) 4. With respect to weeks of unemployment beginning on or after the date of enactment of P.L. 111-312, and ending with the week ending 4 weeks prior to the last week in which federal sharing is authorized by section 2005 (a) of P.L. 111-5 and any amendments thereto:

AB40-SA1,7,2 a. The rate of insured unemployment for the period consisting of that week and the immediately preceding 12 weeks equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week periods ending in each of the preceding 3 calendar years, and equaled or exceeded 5 percent; or

AB40-SA1,7,7 b. The average rate of total unemployment, seasonally adjusted, as determined by the U.S. secretary of labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week equals or exceeds 6.5 percent and equals or exceeds 110 percent of the average for any of the corresponding 3-month periods ending in the preceding 3 calendar years.".

AB40-SA1,7,10 31. Page 1130, line 15: delete the material beginning with "the objectives" and ending with "activities" on line 20 and substitute "the objectives under s. 560.128 238.2995 (1) (a)".

AB40-SA1,7,16 32. Page 1131, line 7: delete the material beginning with "The commission" and ending with "(1) (a)." on page line 9 and substitute "The commission shall cooperate with the department of commerce Wisconsin Economic Development Corporation to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 238.2995 (1) (a).".

AB40-SA1,7,17 33. Page 1173, line 3: after that line insert:

AB40-SA1,7,18 " Section 2859t. 238.075 of the statutes is created to read:

AB40-SA1,7,21 238.075 Goals and accountability measures; reporting. (1) Goals and accountability measures. The corporation shall do all of the following for each economic development program implemented under s. 238.03:

AB40-SA1,7,23 (a) Establish clear and measurable goals for the program that are tied to the duties of the board under s. 238.03.

AB40-SA1,8,2 (b) Establish at least one quantifiable benchmark for each program goal described in par. (a).

AB40-SA1,8,6 (c) Require that each recipient of a grant or loan under the program submit a report to the corporation. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the corporation and the performance measures to be included in the report.

AB40-SA1,8,9 (d) Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in pars. (a) and (b).

AB40-SA1,8,11 (e) Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under par. (c).

AB40-SA1,8,19 (f) Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the corporation a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The corporation shall include the requirement established by rule under this paragraph in the contract entered into by a grant or loan recipient.

AB40-SA1,8,24 (g) Establish by rule policies and procedures permitting the corporation to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the corporation or fails to comply with the terms of a contract entered into with the corporation under the program and fails to provide to the satisfaction of the corporation an explanation for the noncompliance:

AB40-SA1,8,25 1. Recoup payments made to the recipient.

AB40-SA1,9,1 2. Withhold payments to be made to the recipient.

AB40-SA1,9,2 3. Impose a forfeiture on the recipient.

AB40-SA1,9,9 (2) Economic development assistance reporting. Annually, no later than October 1, the corporation shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs implemented by the corporation. The corporation shall make readily accessible to the public on an Internet-based system the information required under this subsection. The report shall include all of the following information:

AB40-SA1,9,10 (a) A description of each program.

AB40-SA1,9,12 (b) Quantifiable performance measures directly related to the purpose of the program including, when applicable, all of the following information: