2011 Wisconsin Act 32

238.127 (2) (c) (intro.) With help from the council on main street programs and from interested individuals and organizations, develop a plan describing the objectives of the state main street program and the methods by which the department corporation shall:

(e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after July 29, 1995, shall conclude after 5 years. The department corporation shall select program participants representing various geographical regions and populations. A municipality may apply to participate, and the department corporation may select a municipality for participation, more than one time. In selecting a municipality, however, the department corporation may give priority to those municipalities that have not previously participated.

(f) 4. Local assistance in paying for the services of a design consultant recommended by the council on main street programs.

(h) Provide training, technical assistance and information on the revitalization of business areas to municipalities which do not participate in the state main street program. The department corporation may charge reasonable fees for the services and information provided under this paragraph. The department shall deposit all fees collected under this paragraph in the appropriation account under s. 20.143 (1) (g).

32,3330s Section 3330s. 560.081 (2) (i) of the statutes is repealed.

32,3331 Section 3331. 560.082 of the statutes is repealed.

32,3332 Section 3332. 560.09 of the statutes is repealed.

32,3333 Section 3333. 560.097 of the statutes is renumbered 238.125 and amended to read:

238.125 Notification of position openings; compliance. The department corporation shall monitor compliance with the position-opening notification requirements under ss. 66.1103 (6m) and 106.16.

32,3334b Section 3334b. 560.11 of the statutes is renumbered 285.795, and 285.795 (1) (a) and (2), as renumbered, are amended to read:

285.795 (1) (a) Advise the department of natural resources concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 285.79, difficulties encountered by small business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285 against small business stationary sources.

(2) The employees of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employees of the department of natural resources who staff the small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).

32,3335 Section 3335. 560.125 (title) and (1) to (3) of the statutes are renumbered 101.45 (title) and (1) to (3).

32,3336 Section 3336. 560.125 (4) (a) to (e) of the statutes are renumbered 101.45 (4) (a) to (e), and 101.45 (4) (d), as renumbered, is amended to read:

101.45 (4) (d) In any fiscal year, the department may not pay to any one applicant more than 20 percent of the amount appropriated under s. 20.143 (3) 20.165 (2) (sm) for the fiscal year.

32,3337 Section 3337. 560.125 (4) (f) and (g) of the statutes are repealed.

32,3338 Section 3338. 560.125 (5) to (6) of the statutes are renumbered 101.45 (5) to (6).

32,3339 Section 3339. 560.126 of the statutes is repealed.

32,3340 Section 3340. 560.128 of the statutes is repealed.

32,3341 Section 3341. 560.13 (1), (2), (3), (5) and (6m) of the statutes are renumbered 238.13 (1), (2), (3), (5) and (6m), and 238.13 (2) (a) (intro.) and (b) 1., (3) (intro.) and (f) and (5), as renumbered, are amended to read:

238.13 (2) (a) (intro.) Subject to subs. (4) and (5), from the appropriation under s. 20.143 (1) (qm) the department The corporation may make a grant to a person if all of the following apply:

(b) 1. The contribution required under par. (a) 3. may be in cash or in-kind. Cash contributions may be of private or public funds, excluding funds obtained under the program under s. 560.17 or under any program under subch. II or V of this chapter. In-kind contributions shall be limited to actual remediation services.

(3) (intro.) The department corporation may consider the following criteria in making awards under this section:

(f) Any other factors considered by the department corporation to be relevant to assessing the viability and feasibility of the project.

(5) Before the department corporation awards a grant under this section, the department corporation shall consider the recommendations of the department of administration and the department of natural resources.

32,3342 Section 3342. 560.13 (4) of the statutes is repealed.

32,3343 Section 3343. 560.13 (6) of the statutes is repealed.

32,3344 Section 3344. 560.138 of the statutes is repealed.

32,3345 Section 3345. 560.139 of the statutes is repealed.

32,3346 Section 3346. 560.145 of the statutes is repealed.

32,3347 Section 3347. 560.15 of the statutes is repealed.

32,3348 Section 3348. 560.155 of the statutes is repealed.

32,3349 Section 3349. 560.157 of the statutes is repealed.

32,3350 Section 3350. 560.165 of the statutes is repealed.

32,3351 Section 3351. 560.167 of the statutes is repealed.

32,3352 Section 3352. 560.17 of the statutes is repealed.

32,3353 Section 3353. 560.19 of the statutes is repealed.

32,3354 Section 3354. 560.203 of the statutes is repealed.

32,3355g Section 3355g. 560.204 (title), (1), (2) and (4) of the statutes are renumbered 73.15 (title), (1), (2) and (3), and 73.15 (1), (2) and (3), as renumbered, are amended to read:

73.15 (1) The department of revenue shall implement a program to certify health care providers as eligible for the electronic medical records credit under ss. 71.07 (5i), 71.28 (5i), and 71.47 (5i).

(2) If the department of revenue certifies a health care provider under sub. (1), the department shall determine the amount of credits to allocate to the health care provider. The total amount of electronic medical records credits allocated to health care providers in any year may not exceed $10,000,000.

(3) The department, in consultation with the department of revenue, shall promulgate rules to administer this section.

32,3355m Section 3355m. 560.204 (3) of the statutes is repealed.

32,3356 Section 3356. 560.205 of the statutes is renumbered 238.15, and 238.15 (1) (intro.), (2) and (3) (a), (b), (d) (intro.), 1., 2. a. and b. and (e), as renumbered, are amended to read:

238.15 (1) Angel investment tax credits. (intro.) The department corporation shall implement a program to certify businesses for purposes of s. 71.07 (5d). A business desiring certification shall submit an application to the department corporation in each taxable year for which the business desires certification. The business shall specify in its application the investment amount it wishes to raise and the department corporation may certify the business and determine the amount that qualifies for purposes of s. 71.07 (5d). Unless otherwise provided under the rules of the department, a A business may be certified under this subsection, and may maintain such certification, only if the business satisfies all of the following conditions:

(2) Early stage seed investment tax credits. The department corporation shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the department corporation. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department corporation may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the department corporation 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 corporation may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).

(3) (a) List of certified businesses and investment fund managers. The department corporation 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 corporation's Internet Web site.

(b) Notification of department of revenue. The department of commerce corporation shall notify the department of revenue of every certification issued under sub. subs. (1) and (2) and the date on which any such certification is revoked or expires.

(d) Rules. (intro.) The department of commerce corporation, in consultation with the department of revenue, shall promulgate adopt 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 before January 1, 2008, $5,500,000 per calendar year for calendar years beginning after December 31, 2007, and before January 1, 2010, $6,500,000 for calendar year 2010, and $20,000,000 per calendar year for calendar years beginning after December 31, 2010, plus, for taxable years beginning after December 31, 2010, an additional $250,000 for tax credits that may be claimed for investments in nanotechnology businesses certified under sub. (1). The rules shall also limit the aggregate amount of the tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638 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 before January 1, 2008, $6,000,000 per calendar year for calendar years beginning after December 31, 2007, and before January 1, 2010, $8,000,000 for calendar year 2010, and $20,500,000 per calendar year for calendar years beginning after December 31, 2010, plus, for taxable years beginning after December 31, 2010, an additional $250,000 for tax credits that may be claimed for investments in nanotechnology businesses certified under sub. (1). 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), 71.47 (5b), or 76.638 unless the person's investment is kept in a certified business, or with a certified fund manager, for no less than 3 years. The rules shall permit the department corporation to reallocate credits under this section that are unused in any calendar year to a person eligible for tax benefits, as defined under s. 560.2055 238.16 (1) (d), if all of the following apply:

1. The department corporation notifies the joint committee on finance in writing of its proposed reallocation.

2. a. The cochairpersons of the joint committee on finance fail to notify the department corporation, within 14 working days after the date of the department's corporation's notification under subd. 1., that the committee has scheduled a meeting for the purpose of reviewing the proposed reallocation.

b. The cochairpersons of the joint committee on finance notify the department corporation that the committee has approved the proposed reallocation.

(e) Transfer. A person who is eligible to claim a credit under s. 71.07 (5b), 71.28 (5b), 71.47 (5b), or 76.638 may sell or otherwise transfer the credit to another person who is subject to the taxes or fees imposed under s. 71.02, 71.23, 71.47, or subch. III of ch. 76, if the person receives prior authorization from the investment fund manager and the manager then notifies the department of commerce corporation and the department of revenue of the transfer and submits with the notification a copy of the transfer documents. No person may sell or otherwise transfer a credit as provided in this paragraph more than once in a 12-month period. The department corporation may charge any person selling or otherwise transferring a credit under this paragraph a fee equal to 1 percent of the credit amount sold or transferred. The department shall deposit all fees collected under this paragraph in the appropriation account under s. 20.143 (1) (gm).

32,3357 Section 3357. 560.2055 (title) and (1) of the statutes are renumbered 238.16 (title) and (1).

32,3358 Section 3358. 560.2055 (2) of the statutes is renumbered 238.16 (2), and 238.16 (2) (intro.) and (b), as renumbered, are amended to read:

238.16 (2) (intro.) The department corporation may certify a person to receive tax benefits under this section if all of the following apply:

(b) The person applies under this section and enters into a contract with the department corporation.

32,3359m Section 3359m. 560.2055 (3) of the statutes is renumbered 238.16 (3), and 238.16 (3) (intro.), (a) and (b) of the statutes, as renumbered, are amended to read:

238.16 (3) Eligibility for tax benefits. (intro.) A person certified under sub. (2) may receive tax benefits under this section if, in each year for which the person claims tax benefits under this section, the person increases net employment in the person's business, and one of the following apply applies:

(a) In a tier I county or municipality, an eligible employee for whom the person claims a tax credit will earn at least $20,000 but not more than $100,000 in wages from the person in the year for which the credit is claimed.

(b) In a tier II county or municipality, an eligible employee for whom the person claims a tax credit will earn at least $30,000 but not more than $100,000 in wages from the person in the year for which the credit is claimed.

32,3362 Section 3362. 560.2055 (4) (title) and (a) of the statutes are renumbered 238.16 (4) (title) and (a).

32,3363m Section 3363m. 560.2055 (4) (b) 1. of the statutes is renumbered 238.16 (4) (b) 1. and amended to read:

238.16 (4) (b) 1. The department corporation may award to a person certified under sub. (2) tax benefits for each eligible employee in an amount equal to up to 10 percent of the wages paid by the person to that employee or $10,000, whichever is less, if that employee earned wages in the year for which the tax benefit is claimed equal to one of the following:

a. In a tier I county or municipality, at least $20,000 but not more than $100,000.

b. In a tier II county or municipality, at least $30,000 but not more than $100,000.

32,3365 Section 3365. 560.2055 (4) (b) 2. and (c) of the statutes are renumbered 238.16 (4) (b) 2. and (c) and amended to read:

238.16 (4) (b) 2. The department corporation may award to a person certified under sub. (2) tax benefits in an amount to be determined by the department by rule corporation for costs incurred by the person to undertake the training activities described in sub. (3) (c).

(c) Subject to a reallocation by the department corporation pursuant to rules promulgated adopted under s. 560.205 238.215 (3) (d), the department corporation may allocate up to $5,000,000 in tax benefits under this section in any calendar year.

32,3366 Section 3366. 560.2055 (5) of the statutes is renumbered 238.16 (5), and 238.16 (5) (title), (a), (b), (c), (d), (e) and (f) (intro.) and 1. (intro.), as renumbered, are amended to read:

238.16 (5) (title) Duties of the department corporation. (a) The department of commerce corporation shall notify the department of revenue when the department of commerce corporation certifies a person to receive tax benefits.

(b) The department of commerce corporation shall notify the department of revenue within 30 days of revoking a certification made under sub. (2).

(c) The department corporation may require a person to repay any tax benefits the person claims for a year in which the person failed to maintain employment required by an agreement under sub. (2) (b).

(d) The department corporation shall determine the maximum amount of the tax credits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q) that a certified business may claim and shall notify the department of revenue of this amount.

(e) The department corporation shall annually verify the information submitted to the department corporation by the person claiming tax benefits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).

(f) (intro.) The department corporation shall promulgate adopt rules for the implementation and operation of this section, including rules relating to the following:

1. (intro.) The definitions of a tier I county or municipality and a tier II county or municipality. The department corporation may consider all of the following information when establishing the definitions required under this subdivision:

32,3367 Section 3367. 560.2056 of the statutes is renumbered 93.54 and amended to read:

93.54 Food processing plant and food warehouse investment credit. (1) The department of commerce shall implement a program to certify taxpayers as eligible for the food processing plant and food warehouse investment credit under ss. 71.07 (3rn), 71.28 (3rn), and 71.47 (3rn).

(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 food processing plant and food warehouse investment credits allocated to taxpayers in fiscal year 2009-10 may not exceed $600,000 and the total amount of food processing plant and food warehouse investment credits allocated to taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed $700,000.

(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.

(4) The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section.

32,3368 Section 3368. 560.206 of the statutes is renumbered 41.155, and 41.155 (4), as renumbered, is amended to read:

41.155 (4) The department of commerce tourism, in consultation with the department of revenue, shall promulgate rules to administer this section.

32,3369 Section 3369. 560.207 of the statutes is renumbered 93.535 and amended to read:

93.535 Dairy manufacturing facility investment credit. (1) The department of commerce shall implement a program to certify taxpayers, including taxpayers who are members of dairy cooperatives, as eligible for the dairy manufacturing facility investment credit under ss. 71.07 (3p), 71.28 (3p), and 71.47 (3p).

(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 who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal year thereafter, may not exceed $700,000. The total amount of dairy manufacturing facility investment credits allocated to taxpayers who are members of dairy cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount of dairy manufacturing facility investment credits allocated to taxpayers who are members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed $700,000.

(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.

(4) The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section.