1995 Wisconsin Act 27

7. The needs of other areas of the state.

8. Any other factors that the department considers relevant.

(c) The department may not designate as an enterprise development zone, or as any part of an enterprise development zone, an area that is located within the boundaries of an area that is designated as a development zone under s. 560.71, or as a development opportunity zone under s. 560.795, the designation of which is in effect.

(d) The department may not designate more than 50 enterprise development zones unless the department obtains the approval of the joint committee on finance to do so.

(3) Application and project plan. (a) A person that conducts or that intends to conduct a project and that desires to have the area in which the project is or is to be conducted designated as an enterprise development zone for the purpose of claiming tax benefits may submit to the department an application and a project plan.

(b) A project plan under par. (a) shall include all of the following:

1. The name and address of the person's business for which tax benefits will be claimed.

2. The appropriate Wisconsin tax identification number of the person.

3. The names and addresses of other locations outside of the area proposed to be designated as an enterprise development zone where the person conducts business and a description of the business activities conducted at those locations.

4. The amount that the person proposes to invest in a business; to spend on the construction, rehabilitation, repair or remodeling of a building; or to spend on the removal or containment of, or the restoration of soil or groundwater affected by, environmental pollution; in the area proposed to be designated as an enterprise development zone.

5. The estimated total investment of the person in the enterprise development zone.

6. The estimated number of jobs that will be created, retained or substantially upgraded as a result of the person's project in relation to the amount of tax benefits estimated for the person.

7. The person's plans to make reasonable attempts to hire employes from the target population.

8. The estimated number of jobs that will be filled by members of the target population.

9. The person's plans to make available or provide day care center benefits, as defined in s. 71.07 (2dd) (a) 1., to each qualifying child, as defined in s. 71.07 (2dd) (a) 3.

10. The boundaries or legal description of the area proposed to be designated as an enterprise development zone.

11. Any other information required by the department or the department of revenue.

(4) Designation, certification and additional duties. (a) Subject to par. (b), if the department approves a project plan under sub. (3) and designates the area in which the person submitting the project plan conducts or intends to conduct the project as an enterprise development zone under the criteria under sub. (2), the department shall certify the person as eligible for tax benefits.

(b) The department may certify only one person as eligible for tax benefits in an area designated as an enterprise development zone.

(c) When the department designates an area as an enterprise development zone for a project, the department shall notify the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located of the area's designation.

(d) The department shall notify the department of revenue of all persons entitled to claim tax benefits under this section.

(e) For purposes of s. 49.193 (5), the department shall notify the department of health and social services of the designation of an area as an enterprise development zone and of the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located.

(f) The tax benefits for which a person is certified as eligible under this subsection are not transferable to another person, business or location, except to the extent permitted under section 383 of the internal revenue code.

(5) Duration and limits. (a) When the department designates an area as an enterprise development zone under this section, the department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d) and sub. (6).

(b) When the department designates an area as an enterprise development zone under this section, the department shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.

(c) Annually, the department shall estimate the amount of foregone state revenue because of tax benefits claimed by persons in each enterprise development zone.

(d) 1. Notwithstanding the length of time specified by the department under par. (a), the designation of an area as an enterprise development zone shall expire 90 days after the day on which the department determines that the foregone tax revenues under par. (c) will equal or exceed the limit established for the enterprise development zone.

2. The department shall immediately notify the department of revenue and the governing body of any city, village, town or federally recognized American Indian tribe or band in which the enterprise development zone is located of a change in the expiration date of the enterprise development zone under this paragraph.

(6) Revocation of entitlement. (a) The department shall revoke the entitlement of a person to claim tax benefits under this section, and the designation of the area as an enterprise development zone shall expire, if the person does any of the following:

1. Supplies false or misleading information to obtain the tax benefits.

2. Leaves the enterprise development zone to conduct substantially the same business outside of the enterprise development zone.

3. Ceases operations in the enterprise development zone and does not renew operation of the trade or business or a similar trade or business in the enterprise development zone within 12 months.

(b) The department shall notify the department of revenue within 30 days after revoking an entitlement under par. (a).

27,6936sm Section 6936sm. 560.797 (2) (a) 4. c. of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

560.797 (2) (a) 4. c. The percentage of households in the area receiving unemployment compensation under ch. 108, general relief administered under s. 49.02, relief of needy Indian persons under s. 49.046 funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.

27,6936v Section 6936v. 560.797 (4) (e) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

560.797 (4) (e) For purposes of s. 49.193 (5), the department shall notify the department of health and social services industry, labor and human relations of the designation of an area as an enterprise development zone and of the governing body of any city, village, town or federally recognized American Indian tribe or band in which the area is located.

27,6937 Section 6937 . 560.80 (3) of the statutes is amended to read:

560.80 (3) “Early planning project" means the preliminary stages of considering and planning the start-up or expansion of a business that will be a minority business.

27,6938 Section 6938 . 560.82 (4) (a) of the statutes is amended to read:

560.82 (4) (a) Award, for grants under sub. (1), more than 5% 10% of the funds appropriated for the fiscal biennium under s. 20.143 (1) (fm).

27,6939 Section 6939 . 560.82 (4) (b) of the statutes is amended to read:

560.82 (4) (b) Award, to any one eligible recipient or for any one early planning project, grants under sub. (1) or s. 560.835 (6) that total more than $5,000 $15,000.

27,6939g Section 6939g. 560.84 (2) (c) 2. of the statutes is amended to read:

560.84 (2) (c) 2. A development zone designated under s. 560.71, a development opportunity zone designated under s. 560.795 or an enterprise development zone designated under s. 560.797.

27,6940 Section 6940 . 560.875 (1) of the statutes is amended to read:

560.875 (1) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.143 (1) (df) to partially fund a program to provide technical assistance for economic development on Indian reservations if the conditions under subs. (2) and (3) are satisfied.

27,6940g Section 6940g. 561.01 (4) of the statutes is repealed.

27,6940h Section 6940h. 561.02 of the statutes is renumbered 561.02 (1) and amended to read:

561.02 (1) The commission shall coordinate and regulate all activities relating to, and promulgate all rules relating to, racing and pari-mutuel wagering conducted under ch. 562, bingo and raffles conducted under ch. 563, and crane games conducted under ch. 564 and the state lottery conducted under ch. 565, and shall perform its duties and functions under ch. 569 regarding Indian gaming.

27,6940j Section 6940j. 561.02 (2) of the statutes is created to read:

561.02 (2) The board shall coordinate and regulate all activities relating to the state lottery under ch. 565, with the assistance of the department of revenue in the manner provided in ch. 565, and the board may promulgate rules relating to the state lottery under ch. 565.

27,6940k Section 6940k. 561.02 (2m) of the statutes is created to read:

561.02 (2m) The board shall appoint a chief legal counsel, who shall also serve as the board's legislative liaison.

27,6940L Section 6940L. 561.03 of the statutes is created to read:

561.03 Executive director. The governor shall nominate, and with the advice and consent of the senate appoint, an executive director of the board, who shall assist the board in performing its duties under s. 561.02 (1).

27,6940m Section 6940m. 561.06 (1) of the statutes is amended to read:

561.06 (1) Provide Subject to s. 565.25 (1m), provide all of the security services for the gaming operations under chs. 562 to 569.

27,6940r Section 6940r. 561.10 of the statutes is repealed.

27,6951 Section 6951 . 562.02 (1) (k) of the statutes is created to read:

562.02 (1) (k) Approve or reject the amount that a licensee is required to deduct from the total amount wagered under s. 562.065 (3) (a).

27,6952 Section 6952 . 562.02 (2) (h) of the statutes is created to read:

562.02 (2) (h) Inspect and conduct investigations of facilities in this state used for breeding or training animals for racing, for the purpose of obtaining compliance with laws relating to the humane treatment of animals.

27,6953 Section 6953 . 562.03 (4) of the statutes is amended to read:

562.03 (4) The administrator shall appoint and supervise a deputy and an assistant to serve outside the classified service and a chief steward.

27,6954 Section 6954 . 562.057 (1) of the statutes is amended to read:

562.057 (1) Except as provided in sub. (2), an An intertrack wagering licensee may accept wagers on races that are conducted at 2 or more host tracks during the same race day with the approval of the commission.

27,6955 Section 6955 . 562.057 (2) of the statutes is repealed.

27,6956 Section 6956 . 562.057 (3) (a) of the statutes is renumbered 562.057 (3).

27,6957 Section 6957 . 562.057 (3) (b) of the statutes is repealed.

27,6958 Section 6958 . 562.057 (4) of the statutes is amended to read:

562.057 (4) The Subject to sub. (4m), the commission may permit a licensee under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks not more than 9 simulcast races each year and, to conduct pari-mutuel wagering on those races and to commingle the licensee's wagering pools on those races with those of any out-of-state racetrack from which the licensee is permitted to receive simulcast races . The licensee shall use at least 4.5% of the total amount of intertrack and simulcast wagers for purses for races held at the racetrack at which the wagering was conducted. The commission may permit a licensee under s. 562.05 (1) (b) to simulcast races to any out-of-state legal wagering entity, and to commingle the licensee's wagering pools on those races with those of any out-of-state legal wagering entity to which the licensee is permitted to simulcast those races.

27,6958m Section 6958m. 562.057 (4m) of the statutes is created to read:

562.057 (4m) The commission may not permit a licensee under s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the commission determines that all of the following conditions are met:

(a) 1. For a racetrack at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 250 race performances were conducted at the racetrack during that period.

2. For a racetrack at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 200 race performances were conducted at the racetrack during that period.

(b) Wagering on simulcast races will be conducted at the racetrack only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races will not be the primary source of wagering revenue at that racetrack.

(c) The conduct of wagering on simulcast races will not adversely affect the public health, welfare or safety.

27,6959 Section 6959 . 562.057 (5) of the statutes is created to read:

562.057 (5) The commission shall promulgate rules administering sub. (4).

27,6960 Section 6960 . 562.065 (3) (a) of the statutes is amended to read:

562.065 (3) (a) Deduction. From the total amount wagered on all animals selected to win, place or show in a race, a licensee under s. 562.05 (1) (b) and (c) shall deduct 17% or an amount approved by the commission under s. 562.02 (1) (k) up to 20% and pay the balance, minus breakage, to winning ticket holders, except that for a multiple pool, the licensee shall deduct 23% or an amount approved by the commission under s. 562.02 (1) (k) up to 25% and pay the balance, minus breakage, to winning ticket holders. Nothing in this paragraph prohibits the licensee from retaining amounts wagered in multiple pools which are required to be paid to winning ticket holders if there are no winning ticket holders, for the sole purpose of paying these amounts to winning ticket holders of subsequent races.

27,6961 Section 6961 . 562.065 (3) (b) of the statutes is amended to read:

562.065 (3) (b) Purses. 1. For horse races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 8% of the total amount wagered on each race day for purses for races held on that race day, except as provided in s. 562.057 (3) (b) (4). The licensee shall pay purses directly to the owner of a horse or, if a horse is leased, the licensee shall pay the purse directly to the lessor and lessee of the horse as agreed in a written lease agreement on file with the licensee.

2. For dog races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 4.5% of the total amount wagered on each race day for purses, except as provided in s. 562.057 (3) (b) (4). Purses shall be paid on or before Thursday of the calendar week immediately following the race day on which the purses are won. The licensee shall pay purses directly to the owner of a dog or, if a dog is leased, the licensee shall pay the purse directly to the lessor and lessee of the dog as agreed in a written lease agreement on file with the licensee.

27,6961m Section 6961m. 562.065 (3) (b) 3. of the statutes is created to read:

562.065 (3) (b) 3. In addition to the amounts required under subds. 1. and 2., if a licensee deducts under par. (a) more than 17% from the total amount wagered on all animals selected to win, place or show in a race or more than 23% from the total amount wagered on all animals for a multiple pool in a race, the licensee shall use for purses at least an amount that equals 4.5% of any amount that the licensee deducts as a result of increasing the deduction under par. (a) beyond the 17% and 23% levels.