2009 WISCONSIN ACT 265
(Vetoed in Part)
An Act to repeal 20.143 (1) (cp), 20.285 (1) (eg), 36.25 (54), 560.30 (1), 560.41 (3), 560.42 (1), 560.60 (1s) and 560.685; to renumber 560.41 (1); to renumber and amend 560.205 (3) (d) and 560.41 (1m); to amend 20.143 (1) (c), 20.143 (1) (d), 20.143 (1) (fi), 20.143 (1) (gc) (title), 20.143 (1) (ie), 20.143 (1) (ig), 20.143 (1) (im), 20.143 (1) (io), 20.143 (1) (ir), 20.143 (1) (kj), 38.41 (3) (d), 71.05 (6) (a) 15., 71.07 (3q) (c) 3., 71.07 (5b) (b) 1., 71.07 (5b) (b) 2., 71.21 (4), 71.26 (2) (a) 4., 71.28 (3q) (c) 3., 71.28 (5b) (b) 1., 71.28 (5b) (b) 2., 71.34 (1k) (g), 71.45 (2) (a) 10., 71.47 (3q) (c) 3., 71.47 (5b) (b) 1., 71.47 (5b) (b) 2., 77.92 (4), 560.03 (9), 560.03 (19), 560.2055 (4) (c), 560.27 (3) (c), 560.301 (intro.), 560.304, 560.305 (1) (intro.), 560.305 (3), 560.305 (4), subchapter III (title) of chapter 560 [precedes 560.41], 560.41 (2), 560.42 (2) (a) and (b), (2m) (intro.), (2r), (3) and (4), 560.43 (title), (1) (intro.), (a), (b), (c) and (g) and (2), 560.44 (1) (intro.), 560.44 (2), 560.602 (intro.), 560.605 (1) (intro.), 560.605 (2m) (intro.), 560.605 (2m) (h), 560.605 (7) (intro.), 560.605 (7) (f), 560.61, 560.68 (2), 560.68 (4), 560.68 (5) (intro.), 560.68 (5m), 560.68 (6), 560.68 (7) (intro.) and 560.703 (1) (a); and to create 15.155 (2) (c), 20.143 (1) (cp), 20.285 (1) (cd), 20.285 (1) (eb), 20.285 (1) (eg), 20.437 (2) (fr), 36.25 (52), 36.25 (53), 36.25 (54), 49.265 (3) (b) 11., 49.265 (4) (cm), 71.07 (5d) (c) 4., 71.07 (5r), 71.10 (4) (cd), 71.28 (5r), 71.30 (3) (cd), 71.47 (5r), 71.49 (1) (cd), 560.203, 560.205 (3) (d) 1., 560.205 (3) (d) 2., 560.27 (1) (c), 560.276, 560.41 (1c), 560.41 (1g), 560.41 (1r), 560.42 (1m) and 560.42 (5) of the statutes; relating to: a postsecondary education tax credit for businesses; grants to certain community action agencies for skills enhancement programs; increasing annual limits on angel investment tax credits; modifying the early stage seed and jobs tax credits; awarding grants to the WiSys Technology Foundation, Inc.; business plan competitions and an emerging technology center in the University of Wisconsin System; rural outsourcing grants; requiring the Department of Commerce to award grants to a high-technology business development corporation and grants for converting manufacturing facilities; increasing funding for certain economic development programs; a pilot program providing microloans for the creation of new businesses; increasing funding for certain technical college training program grants; providing an exemption from emergency rule procedures; granting rule-making authority; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
265,1g
Section 1g. 15.155 (2) (c) of the statutes is created to read:
15.155 (2) (c) The board shall do all of the following:
1. Consult with the department of commerce on strategic economic policy for the state.
2. Suggest legislation to achieve strategic economic policy objectives.
265,1r
Section 1r. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
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20.143
(1) (c)
Wisconsin development fund; grants, loans, reimbursements, and assistance. Biennially, the amounts in the schedule for grants under s. 560.145; for grants and loans under
s. ss. 560.275 (2)
and 560.276 and
under subch. V of ch. 560; for reimbursements under s. 560.167; for the costs specified in s. 560.607; for
loans under s. 560.203 and the loan under
1999 Wisconsin Act 9, section
9110 (4); and for the grants under
1995 Wisconsin Act 27, section
9116 (7gg),
1995 Wisconsin Act 119, section
2 (1),
1997 Wisconsin Act 27, section
9110 (6g),
2003 Wisconsin Act 33, section
9109 (1d) and (2q),
2007 Wisconsin Act 20, section
9108 (4u), (6c), (7c), (7f), (8c), (8i), (9i), and (10q),
2009 Wisconsin Act 2, section
9110 (2) and (3), and
2009 Wisconsin Act 28, section
9110 (17q).
265,2g
Section 2g. 20.143 (1) (cp) of the statutes is created to read:
20.143 (1) (cp) Rural outsourcing grants. Biennially, the amounts in the schedule for rural outsourcing grants under 2009 Wisconsin Act .... (this act), section 45 (1) and to make expenditures authorized under 2009 Wisconsin Act .... (this act), section 45 (1) (c).
265,2r
Section 2r. 20.143 (1) (cp) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
265,3
Section
3. 20.143 (1) (d) of the statutes is amended to read:
20.143 (1) (d) High-technology business development corporation. The amounts in the schedule for the grants specified in s. 560.27 (1) (b) and (c) and (3), and for the grant under 2009 Wisconsin Act .... (this act), section 45 (2).
20.143 (1) (fi) Forward innovation fund; grants and loans. Biennially, the amounts in the schedule for grants and loans under s. 560.276 and under subch. II of ch. 560.
20.143 (1) (gc) (title) Regulatory ombudsman center Office of regulatory assistance.
20.143
(1) (ie)
Wisconsin development fund, repayments. All moneys received in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats., s. 560.10, 2005 stats., s. 560.147, 2005 stats., s. 560.16, 1995 stats., s. 560.165, 1993 stats., s. 560.275 (2), s. 560.62, 2005 stats., s. 560.63, 2005 stats., s. 560.66, 2005 stats., ss. 560.145, 560.157, and 560.45, subch. V of ch. 560,
1989 Wisconsin Act 336, section
3015 (1m),
1989 Wisconsin Act 336, section
3015 (2m),
1989 Wisconsin Act 336, section
3015 (3gx),
1997 Wisconsin Act 27, section
9110 (7f),
1997 Wisconsin Act 310, section
2 (2d),
1999 Wisconsin Act 9, section
9110 (4), and
2007 Wisconsin Act 20, section
9108 (5x), not appropriated under par. (gv) to be used for grants and loans under
s. ss. 560.275 (2),
s. 560.276, and 560.45
, and subch. V of ch. 560, for the loan under
1999 Wisconsin Act 9, section
9110 (4), for the grant under
2001 Wisconsin Act 16, section
9110 (7g), for the grants under
2003 Wisconsin Act 33, section
9109 (1d) and (2q),
for grants under 2009 Wisconsin Act .... (this act), section 45 (1), for the study under
2009 Wisconsin Act 28, section
9110 (15u), and for reimbursements under s. 560.167.
20.143
(1) (ig)
Gaming economic development and diversification; repayments. Biennially, the amounts in the schedule for grants and loans under s. 560.138, for grants under
s. 2009 Wisconsin Act .... (this act), section 45 (1), and under ss. 560.276 and 560.45, and for the study under
2009 Wisconsin Act 28, section
9110 (15u). All moneys received in repayment of loans under ss. 560.137 (2), 2005 stats., and 560.138 shall be credited to this appropriation account.
20.143
(1) (im)
Minority business projects; repayments. All moneys received on or before June 30, 2009, in repayment of grants or loans under s. 560.82 (1m) (b), 2007 stats., and s. 560.82 (1m) (c), 2007 stats., and loans under
1997 Wisconsin Act 9, section
3, to be used for grants and loans under s. 560.45 and subch. II of ch. 560
, for grants under 2009 Wisconsin Act .... (this act), section 45 (1), and for the study under
2009 Wisconsin Act 28, section
9110 (15u).
20.143
(1) (io)
Grant and loan repayments; forward innovation fund. All moneys received in repayment of grants or loans under subch. II of ch. 560, grants or loans under s. 560.82 (1m) (b) and (c), 2007 stats., and loans under
1997 Wisconsin Act 9, section
3, to be used for grants and loans under
s. 560.276 and under subch. II of ch. 560.
20.143
(1) (ir)
Rural economic development loan repayments. All moneys received in repayment of loans under s. 560.17, to be used for grants and loans under ss. 560.17 and 560.45
, for grants under 2009 Wisconsin Act .... (this act), section 45 (1), and for the study under
2009 Wisconsin Act 28, section
9110 (15u).
20.143
(1) (kj)
Gaming economic development and diversification; grants and loans. Biennially, the amounts in the schedule for grants and loans under
s.
ss. 560.138
and 560.276, for the grants under s. 560.139 (1) (a), and for the grants under
2001 Wisconsin Act 16, section
9110 (2k), (11pk), and (11zx), and
2009 Wisconsin Act 28, section
9110 (16i). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall revert to the appropriation account under s. 20.505 (8) (hm).
265,11
Section
11. 20.285 (1) (cd) of the statutes is created to read:
20.285 (1) (cd) WiSys Technology Foundation grants. A sum sufficient not to exceed $2,000,000 for grants to the WiSys Technology Foundation, Inc., under s. 36.25 (52) (b).
265,12
Section
12. 20.285 (1) (eb) of the statutes is created to read:
20.285 (1) (eb) Business plan competition. The amounts in the schedule to support a business plan competition program under s. 36.25 (53).
265,13
Section
13. 20.285 (1) (eg) of the statutes is created to read:
20.285 (1) (eg) Emerging technology center. Biennially, the amounts in the schedule to develop a business plan for an emerging technology center under s. 36.25 (54).
265,14
Section
14. 20.285 (1) (eg) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
265,15
Section
15. 20.437 (2) (fr) of the statutes is created to read:
20.437 (2) (fr) Skills enhancement grants. The amounts in the schedule to provide skills enhancement grants under s. 49.265 (4) (cm).
265,16
Section
16. 36.25 (52) of the statutes is created to read:
36.25 (52) WiSys Technology Foundation grants. (a) In this subsection, "foundation" means the WiSys Technology Foundation, Inc.
(b) From the appropriation under s. 20.285 (1) (cd), 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) 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.
(c) The board shall submit progress reports 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.
265,17
Section
17. 36.25 (53) of the statutes is created to read:
36.25 (53) Business plan competition. The board shall use the moneys appropriated under s. 20.285 (1) (eb) to support a business plan competition program existing on the effective date of this subsection .... [LRB inserts date], at institutions and college campuses other than the University of Wisconsin-Madison that makes entrepreneurial expertise available to students and that has ties to campus-based business plan contests and national organizations that foster student entrepreneurism. The board may use the moneys only if the board receives matching funds for the same purpose from private contributions.
265,18
Section
18. 36.25 (54) of the statutes is created to read:
36.25 (54) Emerging technology center. The board shall use the moneys appropriated under s. 20.285 (1) (eg) to develop an emerging technology center at the University of Wisconsin-La Crosse. The board may use the moneys only if the board receives matching funds for the same purpose from sources other than the state. In-kind contributions may be applied to meet the matching requirement.
265,19
Section
19. 36.25 (54) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
38.41 (3) (d) Beginning in the 2008-09 school year, the board shall award at least $1,000,000 annually under sub. (1) for training in advanced manufacturing skills, with priority given to welding and beginning in the 2010-11 school year, the board shall award at least $2,000,000 annually under sub. (1) for such training.
265,21
Section
21. 49.265 (3) (b) 11. of the statutes is created to read:
49.265 (3) (b) 11. Provide, to individuals who work at least 20 hours per week and whose earned income is at or below 150 percent of the poverty line, a program of skills enhancement that shall include access to transportation, child care, career counseling, job placement assistance, and financial support for education and training.
265,22
Section
22. 49.265 (4) (cm) of the statutes is created to read:
49.265 (4) (cm) From the appropriation under s. 20.437 (2) (fr), the department of children and families shall distribute grants to community action agencies to provide the skills enhancement services specified under sub. (3) (b) 11.
71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k), (5r), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).
71.07 (3q) (c) 3. The maximum amount of credits that may be awarded under this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January 1, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of any credits reallocated under s. 560.205 (3) (d).
265,23g
Section 23g. 71.07 (5b) (b) 1. of the statutes is amended to read:
71.07 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject to the limitations provided under this subsection and s. 560.205, and except as provided in subd. 2., a claimant may claim as a credit against the tax imposed under ss. 71.02 and 71.08, up to the amount of those taxes, 25 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 560.205 (1), except that, for taxable years beginning after December 31, 2009, and before January 1, 2014, 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. 560.205 (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).
265,23h
Section 23h. 71.07 (5b) (b) 2. of the statutes is amended to read:
71.07 (5b) (b) 2. In the case of a partnership, limited liability company, or tax-option corporation, the computation of the 25 or 40 percent limitation under subd. 1. shall be determined at the entity level rather than the claimant level and may be allocated among the claimants who make investments in the manner set forth in the entity's organizational documents. The entity shall provide to the department of revenue and to the department of commerce the names and tax identification numbers of the claimants, the amounts of the credits allocated to the claimants, and the computation of the allocations.
265,24
Section
24. 71.07 (5d) (c) 4. of the statutes is created to read:
71.07 (5d) (c) 4. A claimant may claim the credit under this subsection for an investment that was made in a business that was located outside of this state if the investment was made no more than 60 days before the business relocated to this state and the business was certified as a qualified new business venture no later than 180 days after relocating to this state.
265,25
Section
25. 71.07 (5r) of the statutes is created to read:
71.07 (5r) Postsecondary education credit. (a) Definitions. In this subsection:
1. "Claimant" means a sole proprietor, a partner, a member of a limited liability company, or a shareholder of a tax-option corporation who files a claim under this subsection.
2. "Course of instruction" has the meaning given in s. 38.50 (1) (c).
3. "Family member" has the meaning given in s. 157.061 (7).
4. "Managing employee" means an individual who wholly or partially exercises operational or managerial control over, or who directly or indirectly conducts, the operation of the claimant's business.