(2) RULES. Establish by rule all of the following:
(a) A schedule of hourly wage ranges to be paid, and health insurance benefits to be provided, to an employee by a person certified under s. 560.701 (2) and the corresponding per employee tax benefit for which a person certified under s. 560.701 (2) may be eligible.
(b) A definition of "significant investment of capital" for purposes of s. 560.702 (2), together with a corresponding schedule of tax benefits for which a person who is certified under s. 560.701 (2) and who conducts a project described in s. 560.702 (2) may be eligible. The department shall include in the definition required under this paragraph a schedule of investments that takes into consideration the size or nature of the business.
(c) A definition of "significant investments in the training or reeducation of employees" for purposes of s. 560.702 (3), together with a corresponding schedule of tax benefits for which a person who is certified under s. 560.701 (2) and who conducts a project under s. 560.702 (3) may be eligible.
(d) A schedule of tax benefits for which a person who is certified under s. 560.701 (2) and who conducts a project that will result in the location or retention of a person's corporate headquarters in Wisconsin may be eligible.
(e) The methodology for designating an area as economically distressed under s. 560.704 (1). The methodology under this paragraph shall require the department to consider the most current data available for the area and for the state on the following indicators:
1. Unemployment rate.
2. Percentage of families with incomes below the poverty line established under 42 USC 9902 (2).
3. Median family income.
4. Median per capita income.
5. Average annual wage.
6. Real property values.
7. Other significant or irregular indicators of economic distress, such as a natural disaster.
(f) A schedule of additional tax benefits for which a person who is certified under s. 560.701 (2) and who conducts an eligible activity described under s. 560.704 may be eligible.
(g) Reporting requirements, minimum benchmarks, and outcomes expected of a person certified under s. 560.701 (2) before that person may receive tax benefits under s. 560.703.
(h) Policies, criteria, and methodology for allocating a portion of the tax benefits available under s. 560.703 to rural areas.
(i) Policies, criteria, and methodology for allocating a portion of the tax benefits available under s. 560.703 to small businesses.
(j) Policies and criteria for certifying a person who may be eligible for tax benefits greater than or equal to $3,000,000.
(k) Procedures for implementing ss. 560.701 to 560.706.
(3) REPORTING. Annually, 6 months after the report has been submitted under s. 560.01 (2) (am), 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 the program under ss. 560.701 to 560.706. The report under this subsection shall update the applicable information provided in the report under s. 560.01 (2) (am).
SECTION 46. 560.71 (4) of the statutes is created to read:
560.71 (4) No development zone may be designated under this section after the effective date of this subsection .... [LRB inserts date].
SECTION 47. 560.737 (4) of the statutes is created to read:
560.737 (4) No premises of a business incubator may be designated as part of a development zone under this section after the effective date of this subsection .... [LRB inserts date].
SECTION 48. 560.74 (1) of the statutes is amended to read:
560.74 (1) At Except as provided under sub. (6), at any time after a development zone is designated by the department, a local governing body may submit an application to change the boundaries of the development zone. If the boundary change reduces the size of a development zone, the local governing body shall explain why the area excluded should no longer be in a development zone. The department may require the local governing body to submit additional information.
SECTION 49. 560.74 (6) of the statutes is created to read:
560.74 (6) The department may not accept any applications under sub. (1) to change the boundaries of a development zone designated under s. 560.71 on or after the effective date of this subsection .... [LRB inserts date].
SECTION 50. 560.745 (1) (b) of the statutes is amended to read:
560.745 (1) (b) The local governing body may apply to the department for one 60-month extension of the designation. The department shall promulgate rules establishing criteria for approving an extension of a designation of an area as a development zone under this subsection. No applications may be accepted by the department under this paragraph on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 51. 560.745 (2) (am) of the statutes is amended to read:
560.745 (2) (am) Notwithstanding par. (a), the department may increase the established limit for tax benefits for a development zone. The department may not increase the limit for tax benefits established for any development zone designated under s. 560.71 on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 52. 560.78 (1m) of the statutes is created to read:
560.78 (1m) No person may be certified under s. 560.765 (3) on or after the effective date of this subsection .... [LRB inserts date].
SECTION 53. 560.78 (3) (a) of the statutes is amended to read:
560.78 (3) (a) Except as provided in par. pars. (b) and (c), if the economic activity for which a person is seeking certification under s. 560.765 (3) is the relocation of a business into a development zone from a location that is outside the development zone but within the limits of a city, village, town or federally recognized American Indian reservation in which that development zone is located, the local governing body that nominated that area as a development zone under s. 560.72 shall determine whether sub. (2) (a) or (b) applies.
SECTION 54. 560.78 (3) (c) of the statutes is created to read:
560.78 (3) (c) No local governing body may make any determination under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 55. 560.785 (1) (intro.) of the statutes is amended to read:
560.785 (1) (intro.) For the development zone program under ss. 560.70 and 560.71 to 560.78, the development opportunity zone program under s. 560.795 and the enterprise development zone program under s. 560.797, the department shall promulgate rules that further define a person's eligibility for tax benefits. The rules shall do at least all of the following:
SECTION 56. 560.797 (2) (a) (intro.) of the statutes is amended to read:
560.797 (2) (a) (intro.) Subject to pars. (c) and, (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
SECTION 57. 560.797 (2) (bg) (intro.) of the statutes is amended to read:
560.797 (2) (bg) (intro.) Notwithstanding par. (a) and subject to pars. (c) and, (d), and (e), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
SECTION 58. 560.797 (2) (e) of the statutes is created to read:
560.797 (2) (e) The department may not designate any area as an enterprise development zone on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 59. 560.797 (3) (c) of the statutes is created to read:
560.797 (3) (c) The department may not accept or approve any applications or project plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 60. 560.797 (4) (a) of the statutes is amended to read:
560.797 (4) (a) If Except as provided in par. (h), 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.
SECTION 61. 560.797 (4) (h) of the statutes is created to read:
560.797 (4) (h) No person may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 62. 560.798 (2) (a) of the statutes is amended to read:
560.798 (2) (a) The Except as provided under par. (c), the department may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department under sub. (3) is eligible for tax benefits as provided in sub. (3).
SECTION 63. 560.798 (2) (c) of the statutes is created to read:
560.798 (2) (c) No area may be designated as an agricultural development zone on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 64. 560.798 (3) (a) of the statutes is amended to read:
560.798 (3) (a) The Except as provided under par. (c), the department may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the department shall consider, among other things, the number of jobs that will be created or retained by the business.
SECTION 65. 560.798 (3) (c) of the statutes is created to read:
560.798 (3) (c) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 66. 560.7995 (2) (a) (intro.) of the statutes is amended to read:
560.7995 (2) (a) (intro.) Subject to par. pars. (c) and (e), the department may designate an area as an airport development zone if the department determines all of the following:
SECTION 67. 560.7995 (2) (d) of the statutes is amended to read:
560.7995 (2) (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the department shall designate as an airport development zone the area within the boundaries of Adams, Fond du Lac, Green Lake, Juneau, Langlade, Lincoln, Marathon, Marquette, Menominee, Oneida, Portage, Price, Shawano, Taylor, Waupaca, Waushara, Winnebago, Wood, and Vilas counties.
SECTION 68. 560.7995 (2) (e) of the statutes is created to read:
560.7995 (2) (e) No area may be designated as an airport development zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 69. 560.7995 (4) (ar) of the statutes is created to read:
560.7995 (4) (ar) The department may not accept or approve any applications or business plans submitted under par. (a) on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 70. 560.7995 (4) (b) of the statutes is renumbered 560.7995 (4) (b) 1. and amended to read:
560.7995 (4) (b) 1. If Except as provided in subd. 2., if the department approves a business plan under par. (a) or (am), the department shall certify the person as eligible for tax benefits. The department shall notify the department of revenue within 30 days of certifying a person under this paragraph.
SECTION 71. 560.7995 (4) (b) 2. of the statutes is created to read:
560.7995 (4) (b) 2. No person may be certified under this paragraph on or after the effective date of this subdivision .... [LRB inserts date].
SECTION 72. 560.96 (2) (a) of the statutes is amended to read:
560.96 (2) (a) The Except as provided in par. (c), the department may designate up to 8 areas in the state as technology zones. A business that is located in a technology zone and that is certified by the department under sub. (3) is eligible for a tax credit as provided in sub. (3).
SECTION 73. 560.96 (2) (c) of the statutes is created to read:
560.96 (2) (c) No area may be designated as a technology zone under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 74. 560.96 (3) (a) (intro.) of the statutes is amended to read:
560.96 (3) (a) (intro.) The Except as provided in par. (e), the department may certify for tax credits in a technology zone a business that satisfies all of the following requirements:
SECTION 75. 560.96 (3) (e) of the statutes is created to read:
560.96 (3) (e) No business may be certified under this subsection on or after the effective date of this paragraph .... [LRB inserts date].
SECTION 9110. Nonstatutory provisions; Commerce.
(1) DEVELOPMENT ZONE TAX BENEFIT CONSOLIDATION; EMERGENCY RULES. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.706 (2) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(2) DEVELOPMENT ZONE TAX BENEFIT CONSOLIDATION; ECONOMIC IMPACT REPORT. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.706 (2) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(End)
LRB-0287LRB-0287/P1
TKK:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0025 - Brownfields Program, Eligibility of Applicants and Criteria for Awards
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
