560.205(1)(km)
(km) It has not received aggregate private equity investment in cash of more than $10,000,000 prior to being certified under this subsection.
560.205(2)
(2) Early stage seed investment tax credits. The department shall implement a program to certify investment fund managers for purposes of
ss. 71.07 (5b),
71.28 (5b), and
71.47 (5b). An investment fund manager desiring certification shall submit an application to the department. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under
sub. (1).
560.205(3)(a)(a)
List of certified businesses and investment fund managers. The department shall maintain a list of businesses certified under
sub. (1) and investment fund managers certified under
sub. (2) and shall permit public access to the lists through the department's Internet website.
560.205(3)(b)
(b)
Notification of department of revenue. The department of commerce shall notify the department of revenue of every certification issued under
sub. (1) and
(2) and the date on which any such certification is revoked or expires.
560.205(3)(d)
(d)
Rules. The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section. The rules shall further define "bona fide angel investment" for purposes of
s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under
s. 71.07 (5d) that may be claimed for investments in businesses certified under
sub. (1) at $3,000,000 per calendar year for calendar years beginning after December 31, 2004, and $5,500,000 per calendar year for calendar years beginning after December 31, 2007. The rules shall also limit the aggregate amount of the tax credits under
ss. 71.07 (5b),
71.28 (5b), and
71.47 (5b) that may be claimed for investments paid to fund managers certified under
sub. (2) at $3,500,000 per calendar year for calendar years beginning after December 31, 2004, and $6,000,000 per calendar year for calendar years beginning after December 31, 2007. The rules shall also provide that, for calendar years beginning after December 31, 2007, no person may receive a credit under
ss. 71.07 (5b) and
(5d),
71.28 (5b), or
71.47 (5b) unless the person's investment is kept in a certified business, or with a certified fund manager, for no less than 3 years.
560.205 Cross-reference
Cross Reference: See also ch.
Comm 129, Wis. adm. code.
560.206
560.206
Film production tax credits. 560.206(1)
(1) The department shall implement a program to accredit productions for purposes of
ss. 71.07 (5f) and
(5h),
71.28 (5f) and
(5h), and
71.47 (5f) and
(5h). Application for accreditation shall be made to the department in each taxable year for which accreditation is desired.
560.206(2)
(2) If the department accredits a production under
sub. (1), the department shall determine the amount of the production's production expenditures, as defined in
s. 71.07 (5f) (a) 3.
560.206(3)
(3) The department shall notify the department of revenue of every production accredited under
sub. (1) and the amount of the production's production expenditures.
560.206(4)
(4) The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section.
560.206 History
History: 2005 a. 483.
560.207
560.207
Dairy manufacturing facility investment credit. 560.207(1)(1) The department of commerce shall implement a program to certify taxpayers as eligible for the dairy manufacturing facility investment credit under
ss. 71.07 (3p),
71.28 (3p), and
71.47 (3p).
560.207(2)
(2) If the department of commerce certifies a taxpayer under
sub. (1), the department of commerce shall determine the amount of credits to allocate to that taxpayer. The total amount of dairy manufacturing facility investment credits allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total amount of dairy manufacturing facility investment credits allocated to taxpayers in fiscal year 2008-09, and in each fiscal year thereafter, may not exceed $700,000.
560.207(3)
(3) The department of commerce shall inform the department of revenue of every taxpayer certified under
sub. (1) and the amount of credits allocated to the taxpayer.
560.207(4)
(4) The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section.
560.207 History
History: 2007 a. 20.
560.21
560.21
General fund deposit. 560.21(1)(b)
(b) "Equity investment" means the purchase of common or preferred capital stock or the purchase of an option or other right to acquire common or preferred capital stock.
560.21(2)
(2) The department shall deposit in the general fund all interest and principal received in repayment of loans under s.
560.20 (3), 1999 stats., any proceeds from equity investments made by the community development finance company under s.
234.965, 1991 stats., that are received by the department or the community development finance company, and any unencumbered grant funds returned to the department under
1993 Wisconsin Act 437, section 9115 (1t).
560.21(3)
(3) The community development finance company shall transfer to the department any proceeds that the company receives from equity investments made by the community development finance company under s.
234.965, 1991 stats.
560.21 History
History: 2001 a. 109 ss.
481,
482,
498,
503,
504.
560.25
560.25
Manufacturing extension center grants. 560.25(1)(a)
(a) "Biotechnology" means technology related to life sciences.
560.25(1)(b)
(b) "Business" means a company located in this state, a company that has made a firm commitment to locate a facility in this state or a group of companies at least 80% of which are located in this state.
560.25(1)(d)
(d) "Technology-based nonprofit organization" means a nonprofit corporation, as defined in
s. 181.0103 (17), or an organization described in section
501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code, and that has as a mission the transfer of technology to businesses in this state.
560.25(2)
(2) Grants. Subject to
sub. (4), the department may make a grant from the appropriation under
s. 20.143 (1) (fj) to a technology-based nonprofit organization to provide support for a manufacturing extension center if all of the following apply:
560.25(2)(a)
(a) The technology-based nonprofit organization submits to the department a plan detailing its proposed expenditures and performance measures related to the project.
560.25(4)
(4) Limit on grants. Beginning with fiscal year 2004-05, the department may award $1,500,000 in grants under this section in each fiscal year.
560.27
560.27
High-technology business development corporation. 560.27(1)(a)(a) The department shall organize and assist in maintaining a high-technology business development corporation as a nonstock, nonprofit corporation under
ch. 181 for the exclusive purpose of promoting and supporting the creation, development and retention of science-based and technology-based businesses in the state. In furtherance of its purpose, the corporation shall establish and implement programs focused on key elements necessary for the success of high-technology firms, including entrepreneurs, businesses, professional services, seed and venture capital, universities and state government.
560.27(1)(b)
(b) From the appropriation under
s. 20.143 (1) (d), the department shall make a one-time grant of $50,000 in fiscal year 2000-01 to the high-technology business development corporation for start-up capital and reasonable administrative expenses of the corporation.
560.27(2)(a)(a) The high-technology business development corporation shall be governed by a board of directors, consisting of the secretary, or his or her designee, the president of the University of Wisconsin System, or his or her designee, the director of the technical college system board, or his or her designee, the president of the Wisconsin Association of Independent Colleges and Universities, or his or her designee, and at least 11 other members, one or more of whom represents each of the following categories:
560.27(2)(a)7.
7. Professionals in the state who are experienced in providing services to persons specified in
subds. 1. to
6.
560.27(2)(b)
(b) The members who are representatives of the categories under
par. (a) 1. to
7. shall serve 5-year terms. Of the initial members who are representatives of the categories under
par. (a) 1. to
7., one shall be appointed by the senate majority leader, one shall be appointed by the speaker of the assembly, one shall be appointed by the senate minority leader, one shall be appointed by the assembly minority leader and at least 7 shall be appointed by the governor. The high-technology business development corporation, in its bylaws, shall specify the method for electing new members who are representatives of the categories under
par. (a) 1. to
7. and for filling vacancies.
560.27(3)(a)(a) Subject to
par. (c), the department may make a grant to the high-technology business development corporation, from the appropriation under
s. 20.143 (1) (d), if all of the following apply:
560.27(3)(a)1.
1. The corporation submits an expenditure plan to the department detailing the proposed use of the grant proceeds and the secretary approves the plan.
560.27(3)(a)2.
2. The corporation enters into a written agreement with the department that specifies the conditions for the use of the grant proceeds, including reporting and auditing requirements.
560.27(3)(a)3.
3. The corporation provides matching funds equal to 50% of the grant proceeds.
560.27(3)(a)4.
4. The corporation provides to the department information requested by the department about private funding the corporation has received or will receive for the purposes detailed in the expenditure plan under
subd. 1.
560.27(3)(a)5.
5. The corporation agrees in writing to submit to the department the report required by
par. (b) by the time required under
par. (b).
560.27(3)(b)
(b) If the corporation receives a grant under this subsection, the corporation shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.
560.27(3)(c)
(c) The department may not make grants under this subsection that exceed $200,000 in total in fiscal year 2000-01, or that exceed $250,000 in total in any fiscal year thereafter.
560.27(4)
(4) Annually, the high-technology business development corporation shall provide a report on its activities to the appropriate standing committees of each house of the legislature in the manner provided under
s. 13.172 (3) and to the governor.
560.27(5)
(5) The assets transferred to, and the assets and liabilities of, the high-technology business development corporation shall be separate from all other assets and liabilities of the state, of all political subdivisions of the state and of the department. Neither the state, any political subdivision of the state nor the department guarantees any obligation of or has any obligation to the high-technology business development corporation. Neither the state, any political subdivision of the state nor the department is liable for any debt or liability of the high-technology business development corporation.
560.27 History
History: 1999 a. 106.
560.275
560.275
Technology commercialization grant and loan program. 560.275(1)(1)
Definition. In this section, "Project costs" means the total cost of a project financed, at least in part, by a grant or loan under
sub. (2), calculated as provided by rule of the department.
560.275(2)(a)(a)
Early stage planning grants and loans. The department may make a grant or loan from the appropriation under
s. 20.143 (1) (c) or
(ie) for the purpose of funding professional services related to completing an application to be submitted to the federal government for the purpose of obtaining early stage research and development funding or for the purpose of funding professional services that are required to accomplish specific tasks established as a condition of receiving early stage financing from 3rd parties that is necessary for business development.
560.275(2)(b)1.1. The department may make a grant or loan from the appropriation under
s. 20.143 (1) (c) or
(ie) for the purpose of funding professional activities related to developing a proposed technologically innovative product, process, or service, if the applicant has received a grant from the federal government for a substantially similar purpose.
560.275(2)(b)2.
2. The department may make a grant or loan from the appropriation under
s. 20.143 (1) (c) or
(ie) for the purpose of funding professional activities related to the accelerated commercialization of a technologically innovative product, process, or service, if the federal government has notified the applicant that the applicant will receive a grant from the federal government for a substantially similar purpose.
560.275(2)(c)
(c)
Bridge grants and loans. The department may make a grant or loan from the appropriation under
s. 20.143 (1) (c) or
(ie) to a person who has received early stage financing from 3rd parties or a grant from the federal government to fund early stage research and development and who has sought additional early stage financing from 3rd parties or applied for an additional grant from the federal government to fund early stage research and development. A grant or loan under this paragraph shall be for the purpose of funding professional activities necessary to maintain the project research and management team and funding basic operations until the applicant's additional 3rd-party financing request or federal grant application is approved or denied.
560.275(2)(d)
(d)
Venture capital grants and loans. The department may make a grant or loan from the appropriation under
s. 20.143 (1) (c) or
(ie) for the purpose of enhancing the applicant's ability to obtain early stage financing from 3rd parties.
560.275(2)(e)
(e)
Entrepreneurial and technology transfer center grants. The department may make a grant from the appropriation under
s. 20.143 (1) (c) or
(ie) for the purpose of supporting any entrepreneurial and technology transfer center that satisfies all of the following criteria:
560.275(2)(e)2.
2. The center provides assistance, other than financial assistance, to entrepreneurs to facilitate business development.
560.275(2)(e)3.
3. The center reviews and analyzes entrepreneurial business plans and offers advice concerning the improvement of the plans.
560.275(2)(e)4.
4. The center provides advice to entrepreneurs concerning patent, trademark, and copyright issues.
560.275(2)(e)5.
5. The center provides appropriate referral services to entrepreneurs.
560.275(3)(a)(a)
Early stage planning grants and loans. In determining the amount of a grant or loan under
sub. (2) (a), the department shall consider all of the following, in addition to any other information the department considers relevant:
560.275(3)(a)1.
1. The amount of economic impact the applicant, if successful, will have in this state.
560.275(3)(a)4.
4. The applicant's record of obtaining early stage financing in the past.
560.275(3)(b)
(b)
Matching grants and loans. In determining the amount of a grant or loan under
sub. (2) (b), the department shall consider all of the following criteria, in addition to any other information the department considers relevant:
560.275(3)(b)2.
2. The likelihood that the applicant will successfully commercialize technology.
