AB935, s. 5 7Section 5. 560.075 (1m) (a) of the statutes is created to read:
AB935,3,98 560.075 (1m) (a) "Development assistance" means a grant or loan under this
9chapter or tax benefits.
AB935, s. 6 10Section 6. 560.075 (1m) (b) of the statutes is created to read:
AB935,3,1111 560.075 (1m) (b) "Full-time" means at least 35 hours per week.
AB935, s. 7 12Section 7. 560.075 (1m) (c) of the statutes is created to read:
AB935,3,1313 560.075 (1m) (c) "New employee" does not include any of the following:
AB935,3,1614 1. An employee who performs a job that was previously performed by another
15employee in this state, if that job existed in this state for at least 6 months before
16hiring the employee.
AB935,3,1917 2. A child, grandchild, parent, or spouse of an individual who has a direct or
18indirect ownership interest of at least 5 percent in the profits, capital, or value of a
19business.
AB935, s. 8 20Section 8. 560.075 (1m) (d) of the statutes is created to read:
AB935,3,2121 560.075 (1m) (d) "Part-time" means less than 35 hours per week.
AB935, s. 9 22Section 9. 560.075 (2) of the statutes is renumbered 560.075 (2) (intro.) and
23amended to read:
AB935,4,324 560.075 (2) (intro.) The department may not award a grant or loan under this
25chapter
development assistance to a person or certify a person to receive tax benefits

1unless the department enters into an a development agreement with the person that
2requires the person to repay the grant, loan, or tax benefits if, within development
3assistance if any of the following apply:
AB935,4,8 4(a) Within 5 years after receiving the grant or loan or being certified to receive
5tax benefits
development assistance, the person ceases to conduct in this state the
6economic activity for which the person received the grant or loan or for which the
7person was certified to receive tax benefits
development assistance and commences
8substantially the same economic activity outside this state.
AB935, s. 10 9Section 10. 560.075 (2) (b) of the statutes is created to read:
AB935,4,1110 560.075 (2) (b) The person fails to make a capital investment specified in the
11development agreement.
AB935, s. 11 12Section 11. 560.075 (2) (c) of the statutes is created to read:
AB935,4,1413 560.075 (2) (c) The person fails to create or retain jobs as specified in the
14development agreement.
AB935, s. 12 15Section 12. 560.075 (3) of the statutes is created to read:
AB935,4,2016 560.075 (3) The department shall ensure that a recipient of development
17assistance that violates the provisions of a development agreement repays the full
18amount of the development assistance received, except that the department may
19agree to accept a pro rata share of the amount of the development assistance received
20if the department determines that such a settlement is equitable.
AB935, s. 13 21Section 13. 560.075 (4) of the statutes is created to read:
AB935,4,2422 560.075 (4) (a) A recipient of development assistance shall annually not later
23than December 31 of each calendar year submit to the department a progress report
24that contains all of the following information:
AB935,5,2
11. The program under which the recipient received the development assistance
2and the value of the development assistance provided to the recipient.
AB935,5,83 2. The total number of employees employed by the recipient at the site for which
4the recipient received development assistance, at the time the recipient applied for
5development assistance and at the time the recipient prepared the progress report,
6including the number of permanent full-time employees, the number of part-time
7employees, the number of temporary employees, and the net loss or gain in each
8category of employee.
AB935,5,119 3. The number of any new or retained employees that the recipient represented
10in its application for development assistance would result from development
11assistance, broken down by full-time, part-time, and temporary employees.
AB935,5,1312 4. A statement indicating whether the recipient is in compliance with the terms
13of any development assistance agreement into which the recipient entered.
AB935,5,1714 5. A detailed list of the job classifications or occupations of employees that the
15recipient intends to hire or retain in the future as a result of the development
16assistance the recipient received and the wage the recipient pays or intends to pay
17the employees.
AB935,5,1918 6. A statement describing any decreases in employment in this state resulting
19from the recipient's use of development assistance.
AB935,5,2320 7. A certification by the recipient's chief operating officer or by an authorized
21representative of the recipient's chief operating officer that the progress report
22contains no knowing misrepresentation of fact material to the recipient's receipt of
23development assistance.
AB935,5,2524 (b) The department may make reasonable inspections to verify information
25submitted in a progress report under par. (a).
AB935,6,4
1(c) If a recipient of development assistance fails to submit a timely progress
2report under par. (a), the department shall, as soon as is practicable, suspend further
3development assistance to the recipient that is in the department's control until the
4recipient submits a progress report.
AB935, s. 14 5Section 14. 560.075 (5) of the statutes is created to read:
AB935,6,96 560.075 (5) (a) Not later than June 1, 2010, and not later than each subsequent
7June 1, the department shall submit to the legislature and make available on the
8department's Internet Web site the information received in progress reports in the
9preceding calendar year.
AB935,6,1510 (b) Not later than December 31, 2011, and not later than each subsequent
11December 31, the department shall prepare and submit to the legislature and make
12available on the department's Internet Web site a report detailing amounts
13recovered by the department from recipients of development assistance that failed
14to comply with provisions in development agreements required under sub. (2). The
15report under this paragraph shall include all of the following information:
AB935,6,1716 1. The number of recipients of development assistance in the preceding fiscal
17year.
AB935,6,1918 2. The total number of recipients of development assistance who violated the
19terms of a development agreement in the preceding fiscal year.
AB935,6,2120 3. The number of recipients from whom the department sought to recover
21development assistance in the preceding fiscal year.
AB935,6,2422 4. The number of recipients from whom the department recovered development
23assistance in the preceding fiscal year, and the amount the department recovered
24from each recipient.
AB935, s. 15 25Section 15. Effective date.
AB935,7,2
1(1) This act takes effect on the first day of the 12th month beginning after the
2effective date of this subsection.
AB935,7,33 (End)
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