Current law requires Commerce to award a $70,000 grant to Pleasant Prairie
Technology Incubator Center no later than July 31, 2011. The bill requires
Commerce to award the grant no later than 30 days after the effective date of the bill.
In addition, the bill increases funding for Commerce by $75,000 in fiscal
2010-11 in order to fund a position for Commerce's Regulatory Ombudsman Center.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB409, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB409,5,123
20.143
(1) (c)
Wisconsin development fund; grants, loans, reimbursements, and
4assistance. Biennially, the amounts in the schedule for grants under s. 560.145; for
5grants and loans under
s. ss. 560.275 (2)
and 560.276 and
under subch. V of ch. 560;
6for reimbursements under s. 560.167; for the costs specified in s. 560.607; for
loans
7under s. 560.203 and the loan under
1999 Wisconsin Act 9, section
9110 (4); and for
8the grants under
1995 Wisconsin Act 27, section
9116 (7gg),
1995 Wisconsin Act 119,
9section
2 (1),
1997 Wisconsin Act 27, section
9110 (6g),
2003 Wisconsin Act 33, section
109109 (1d) and (2q),
2007 Wisconsin Act 20, section
9108 (4u), (6c), (7c), (7f), (8c), (8i),
11(9i), and (10q),
2009 Wisconsin Act 2, section
9110 (2) and (3), and
2009 Wisconsin
12Act 28, section
9110 (17q).
SB409, s. 3
13Section
3. 20.143 (1) (d) of the statutes is amended to read:
SB409,5,1614
20.143
(1) (d)
High-technology business development corporation. The
15amounts in the schedule for the grants specified in s. 560.27 (1) (b)
and (c) and (3)
,
16and for the grant under 2009 Wisconsin Act .... (this act), section 36 (2
).
SB409,6,3
120.143
(1) (fi)
Forward innovation fund; grants and loans. Biennially, the
2amounts in the schedule for grants and loans under
s. 560.276 and under subch. II
3of ch. 560.
SB409,6,196
20.143
(1) (ie)
Wisconsin development fund, repayments. All moneys received
7in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats., s. 560.10, 2005
8stats., s. 560.147, 2005 stats., s. 560.16, 1995 stats., s. 560.165, 1993 stats., s. 560.275
9(2), s. 560.62, 2005 stats., s. 560.63, 2005 stats., s. 560.66, 2005 stats., ss. 560.145,
10560.157, and 560.45, subch. V of ch. 560,
1989 Wisconsin Act 336, section
3015 (1m),
111989 Wisconsin Act 336, section
3015 (2m),
1989 Wisconsin Act 336, section
3015
12(3gx),
1997 Wisconsin Act 27, section
9110 (7f),
1997 Wisconsin Act 310, section
2
13(2d),
1999 Wisconsin Act 9, section
9110 (4), and
2007 Wisconsin Act 20, section
9108
14(5x), not appropriated under par. (gv) to be used for grants and loans under
s. ss. 15560.275 (2),
s. 560.276, and 560.45
, and subch. V of ch. 560, for the loan under
1999
16Wisconsin Act 9, section
9110 (4), for the grant under
2001 Wisconsin Act 16, section
179110 (7g), for the grants under
2003 Wisconsin Act 33, section
9109 (1d) and (2q),
for
18grants under 2009 Wisconsin Act .... (this act), section 36 (1
), for the study under
2009
19Wisconsin Act 28, section
9110 (15u), and for reimbursements under s. 560.167.
SB409,7,222
20.143
(1) (ig)
Gaming economic development and diversification; repayments. 23Biennially, the amounts in the schedule for grants and loans under s. 560.138, for
24grants under
s. 2009 Wisconsin Act .... (this act), section 36 (1), and under ss. 560.276
25and 560.45, and for the study under
2009 Wisconsin Act 28, section
9110 (15u). All
1moneys received in repayment of loans under ss. 560.137 (2), 2005 stats., and 560.138
2shall be credited to this appropriation account.
SB409,7,105
20.143
(1) (im)
Minority business projects; repayments. All moneys received on
6or before June 30, 2009, in repayment of grants or loans under s. 560.82 (1m) (b), 2007
7stats., and s. 560.82 (1m) (c), 2007 stats., and loans under
1997 Wisconsin Act 9,
8section
3, to be used for grants and loans under s. 560.45 and subch. II of ch. 560
, for
9grants under 2009 Wisconsin Act .... (this act), section 36 (1
), and for the study under
102009 Wisconsin Act 28, section
9110 (15u).
SB409,7,1713
20.143
(1) (io)
Grant and loan repayments; forward innovation fund. All
14moneys received in repayment of grants or loans under subch. II of ch. 560, grants
15or loans under s. 560.82 (1m) (b) and (c), 2007 stats., and loans under
1997 Wisconsin
16Act 9, section
3, to be used for grants and loans under
s. 560.276 and under subch.
17II of ch. 560.
SB409,7,2320
20.143
(1) (ir)
Rural economic development loan repayments. All moneys
21received in repayment of loans under s. 560.17, to be used for grants and loans under
22ss. 560.17 and 560.45
, for grants under 2009 Wisconsin Act .... (this act), section 36
23(1), and for the study under
2009 Wisconsin Act 28, section
9110 (15u).
SB409,8,9
120.143
(1) (kj)
Gaming economic development and diversification; grants and
2loans. Biennially, the amounts in the schedule for grants and loans under
s. ss. 3560.138
and 560.276, for the grants under s. 560.139 (1) (a), and for the grants under
42001 Wisconsin Act 16, section
9110 (2k), (11pk), and (11zx), and
2009 Wisconsin Act
528, section
9110 (16i). All moneys transferred from the appropriation account under
6s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account.
7Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each
8odd-numbered year shall revert to the appropriation account under s. 20.505 (8)
9(hm).
SB409, s. 11
10Section
11. 20.285 (1) (cd) of the statutes is created to read:
SB409,8,1311
20.285
(1) (cd)
WiSys Technology Foundation grants. A sum sufficient not to
12exceed $2,000,000 for grants to the WiSys Technology Foundation, Inc., under s.
1336.25 (52) (b).
SB409, s. 12
14Section
12. 20.285 (1) (eb) of the statutes is created to read:
SB409,8,1615
20.285
(1) (eb)
Business plan competition. The amounts in the schedule to
16support a business plan competition program under s. 36.25 (53).
SB409, s. 13
17Section
13. 20.285 (1) (eg) of the statutes is created to read:
SB409,8,2018
20.285
(1) (eg)
Emerging technology center. Biennially, the amounts in the
19schedule to develop a business plan for an emerging technology center under s. 36.25
20(54).
SB409, s. 14
21Section
14. 20.285 (1) (eg) of the statutes, as created by 2009 Wisconsin Act
22.... (this act), is repealed.
SB409, s. 15
23Section
15. 36.25 (52) of the statutes is created to read:
SB409,8,2524
36.25
(52) WiSys Technology Foundation grants. (a) In this subsection,
25"foundation" means the WiSys Technology Foundation, Inc.
SB409,9,8
1(b) From the appropriation under s. 20.285 (1) (cd), the board shall award
2grants to the foundation for the Wisconsin Small Company Advancement program
3to provide intellectual property management services to the extension and all
4institutions and college campuses other than the University of Wisconsin-Madison
5and the University of Wisconsin-Milwaukee. The amount of each grant shall be
6$250,000. The board may not award a grant unless the foundation shows to the
7satisfaction of the board that the foundation has secured matching funds for the
8program from sources other than the state that are equal to the amount of the grant.
SB409,9,119
(c) The board shall submit progress reports to the legislature, in the manner
10provided under s. 13.172 (2), at least annually until the program funded by the
11grants under par. (b) is terminated.
SB409, s. 16
12Section
16. 36.25 (53) of the statutes is created to read:
SB409,9,2013
36.25
(53) Business plan competition. The board shall use the moneys
14appropriated under s. 20.285 (1) (eb) to support a business plan competition program
15existing on the effective date of this subsection .... [LRB inserts date], at institutions
16and college campuses other than the University of Wisconsin-Madison that makes
17entrepreneurial expertise available to students and that has ties to campus-based
18business plan contests and national organizations that foster student
19entrepreneurism. The board may use the moneys only if the board receives matching
20funds for the same purpose from private contributions.
SB409, s. 17
21Section
17. 36.25 (54) of the statutes is created to read:
SB409,9,2522
36.25
(54) Emerging technology center. The board shall use the moneys
23appropriated under s. 20.285 (1) (eg) to develop an emerging technology center at the
24University of Wisconsin-La Crosse. The board may use the moneys only if the board
25receives matching funds for the same purpose from private contributions.
SB409, s. 18
1Section
18. 36.25 (54) of the statutes, as created by 2009 Wisconsin Act .... (this
2act), is repealed.
SB409,10,85
38.41
(3) (d) Beginning in the 2008-09 school year, the board shall award at
6least $1,000,000 annually under sub. (1) for training in advanced manufacturing
7skills,
with priority given to welding and beginning in the 2010-11 school year, the
8board shall award at least $1,500,000 annually under sub. (1) for such training.
SB409,10,1611
71.05
(6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
12(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s),
13(3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k),
(5r), and (8r) and not passed through by a
14partnership, limited liability company, or tax-option corporation that has added that
15amount to the partnership's, company's, or tax-option corporation's income under s.
1671.21 (4) or 71.34 (1k) (g).
SB409, s. 21
17Section
21. 71.07 (5r) of the statutes is created to read:
SB409,10,1918
71.07
(5r) Postsecondary education credit. (a)
Definitions. In this
19subsection:
SB409,10,2220
1. "Claimant" means a sole proprietor, a partner, a member of a limited liability
21company, or a shareholder of a tax-option corporation who files a claim under this
22subsection.
SB409,10,2323
2. "Course of instruction" has the meaning given in s. 38.50 (1) (c).
SB409,10,2424
3. "Family member" has the meaning given in s. 157.061 (7).
SB409,11,3
14. "Managing employee" means an individual who wholly or partially exercises
2operational or managerial control over, or who directly or indirectly conducts, the
3operation of the claimant's business.
SB409,11,54
5. "Paid or incurred" includes any amount paid by the claimant to reimburse
5an individual for the tuition that the individual paid or incurred.
SB409,11,66
6. "Qualified postsecondary institution" means all of the following:
SB409,11,97
a. A University of Wisconsin System institution, a technical college system
8institution, or a regionally accredited 4-year nonprofit college or university having
9its regional headquarters and principal place of business in this state.
SB409,11,1110
b. A school approved under s. 38.50, if the delivery of education occurs in this
11state.
SB409,11,1412
(b)
Filing claims. Subject to the limitations provided in this subsection, a
13claimant may claim as a credit against the tax imposed under s. 71.02 an amount
14equal to the following:
SB409,11,1815
1. Twenty-five percent of the tuition that the claimant paid or incurred for an
16individual to participate in an education program of a qualified postsecondary
17institution, if the individual was enrolled in a course of instruction and eligible for
18a grant from the Federal Pell Grant Program.
SB409,11,2419
2. Thirty percent of the tuition that the claimant paid or incurred for an
20individual to participate in an education program of a qualified postsecondary
21institution, if the individual was enrolled in a course of instruction that relates to a
22projected worker shortage in this state, as determined by the local workforce
23development boards established under
29 USC 2832, and if the individual was
24eligible for a grant from the Federal Pell Grant Program.
SB409,12,3
1(c)
Limitations. 1. No credit may be allowed under par. (b) unless the claimant
2certifies to the department of revenue that the claimant will not be reimbursed for
3any amount of tuition for which the claimant claims a credit under par. (b).
SB409,12,64
2. A claimant may not claim the credit under par. (b) for any tuition amounts
5that the individual described under par. (b) excluded under s. 71.05 (6) (b) 28. or
6under section
127 of the Internal Revenue Code.
SB409,12,97
3. A claimant may not claim the credit under par. (b) for any tuition amounts
8that the claimant paid or incurred for a family member of the claimant or for a family
9member of a managing employee unless all of the following apply:
SB409,12,1310
a. The family member was employed an average of at least 20 hours per week
11as an employee of the claimant, or the claimant's business, during the one-year
12period prior to commencing participation in the education program in connection
13with which the claimant claims a credit under par. (b).
SB409,12,1514
b. The family member is enrolled in a course of instruction that is substantially
15related to the claimant's business.
SB409,12,1716
3m. A claimant may not claim the credit under par. (b) for any tuition amounts
17that the claimant paid or incurred for an individual who is not a resident of this state.
SB409,12,2118
4. The claimant shall claim the credit for the taxable year in which the
19individual graduates from a course of instruction in an amount equal to the total
20amount the claimant paid or incurred under par. (b) for all taxable years in which
21the claimant paid or incurred such amounts related to that individual.
SB409,13,422
5. Partnerships, limited liability companies, and tax-option corporations may
23not claim the credit under this subsection, but the eligibility for, and the amount of,
24the credit are based on their payment of tuition under par. (b). A partnership, limited
25liability company, or tax-option corporation shall compute the amount of credit that
1each of its partners, members, or shareholders may claim and shall provide that
2information to each of them. Partners, members of limited liability companies, and
3shareholders of tax-option corporations may claim the credit in proportion to their
4ownership interest.
SB409,13,65
(d)
Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
6s. 71.28 (4), applies to the credit under this subsection.
SB409, s. 22
7Section
22. 71.10 (4) (cd) of the statutes is created to read:
SB409,13,88
71.10
(4) (cd) Postsecondary education credit under s. 71.07 (5r).
SB409,13,1411
71.21
(4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
12(2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w),
13(5e), (5f), (5g), (5h), (5i), (5j), (5k),
(5r), and (8r) and passed through to partners shall
14be added to the partnership's income.
SB409,13,2217
71.26
(2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
18(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3t),
19(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k),
(5r), and (8r) and not passed through by a
20partnership, limited liability company, or tax-option corporation that has added that
21amount to the partnership's, limited liability company's, or tax-option corporation's
22income under s. 71.21 (4) or 71.34 (1k) (g).
SB409, s. 25
23Section
25. 71.28 (5r) of the statutes is created to read:
SB409,13,2524
71.28
(5r) Postsecondary education credit. (a)
Definitions. In this
25subsection:
SB409,14,1
11. "Claimant" means a corporation that files a claim under this subsection.
SB409,14,22
2. "Course of instruction" has the meaning given in s. 38.50 (1) (c).
SB409,14,33
3. "Family member" has the meaning given in s. 157.061 (7).
SB409,14,64
4. "Managing employee" means an individual who wholly or partially exercises
5operational or managerial control over, or who directly or indirectly conducts, the
6operation of the claimant's business.
SB409,14,87
5. "Paid or incurred" includes any amount paid by the claimant to reimburse
8an individual for the tuition that the individual paid or incurred.
SB409,14,99
6. "Qualified postsecondary institution" means all of the following:
SB409,14,1210
a. A University of Wisconsin System institution, a technical college system
11institution, or a regionally accredited 4-year nonprofit college or university having
12its regional headquarters and principal place of business in this state.
SB409,14,1413
b. A school approved under s. 38.50, if the delivery of education occurs in this
14state.
SB409,14,1715
(b)
Filing claims. Subject to the limitations provided in this subsection, a
16claimant may claim as a credit against the tax imposed under s. 71.23 an amount
17equal to the following:
SB409,14,2118
1. Twenty-five percent of the tuition that the claimant paid or incurred for an
19individual to participate in an education program of a qualified postsecondary
20institution, if the individual was enrolled in a course of instruction and eligible for
21a grant from the Federal Pell Grant Program.
SB409,15,222
2. Thirty percent of the tuition that the claimant paid or incurred for an
23individual to participate in an education program of a qualified postsecondary
24institution, if the individual was enrolled in a course of instruction that relates to a
25projected worker shortage in this state, as determined by the local workforce
1development boards established under
29 USC 2832, and if the individual was
2eligible for a grant from the Federal Pell Grant Program.
SB409,15,53
(c)
Limitations. 1. No credit may be allowed under par. (b) unless the claimant
4certifies to the department of revenue that the claimant will not be reimbursed for
5any amount of tuition for which the claimant claims a credit under par. (b).
SB409,15,86
2. A claimant may not claim the credit under par. (b) for any tuition amounts
7that the individual described under par. (b) excluded under section
127 of the
8Internal Revenue Code.
SB409,15,119
3. A claimant may not claim the credit under par. (b) for any tuition amounts
10that the claimant paid or incurred for a family member of a managing employee
11unless all of the following apply:
SB409,15,1512
a. The family member was employed an average of at least 20 hours per week
13as an employee of the claimant, or the claimant's business, during the one-year
14period prior to commencing participation in the education program in connection
15with which the claimant claims a credit under par. (b).