AB40-ASA1,1317,16
11(2) If the department
of commerce certifies a taxpayer under sub. (1), the
12department
of commerce shall determine the amount of credits to allocate to that
13taxpayer. The total amount of meat processing facility investment credits allocated
14to taxpayers in fiscal year 2009-10 may not exceed $300,000 and the total amount
15of meat processing facility investment credits allocated to taxpayers in fiscal year
162010-11, and in each fiscal year thereafter, may not exceed $700,000.
AB40-ASA1,1317,19
17(3) The department
of commerce shall inform the department of revenue of
18every taxpayer certified under sub. (1) and the amount of credits allocated to the
19taxpayer.
AB40-ASA1,1317,21
20(4) The department
of commerce, in consultation with the department of
21revenue, shall promulgate rules to administer this section.
AB40-ASA1, s. 3371
22Section
3371. 560.2085 of the statutes is renumbered 238.20, and 238.20 (1)
23(intro.), (2) and (3), as renumbered, are amended to read:
AB40-ASA1,1318,424
238.20
(1) (intro.) The
department
corporation shall implement a program to
25certify qualified new business ventures for purposes of s. 71.05 (24). A business
1desiring certification shall submit an application to the
department corporation in
2each taxable year for which the business desires certification. Subject to sub. (2), a
3business may be certified under this subsection, and may maintain such
4certification, only if the business is engaged in one of the following:
AB40-ASA1,1318,9
5(2) The
department corporation may not certify a business under sub. (1) if the
6business is engaged in real estate development, insurance, banking, lending,
7lobbying, political consultation, professional services provided by attorneys,
8accountants, business consultants, physicians, or health care consultants, wholesale
9or retail sales, leisure, hospitality, transportation, or construction.
AB40-ASA1,1318,12
10(3) (a) The
department corporation shall maintain a list of businesses certified
11under sub. (1) and shall permit public access to the lists through the
department's 12corporation's Internet Web site.
AB40-ASA1,1318,1513
(b) The
department of commerce corporation shall notify the department of
14revenue of every certification issued under sub. (1) and the date on which a
15certification under sub. (1) is revoked or expires.
AB40-ASA1, s. 3372
16Section
3372. 560.209 of the statutes is renumbered 93.547 and amended to
17read:
AB40-ASA1,1318,21
1893.547 Woody biomass harvesting and processing credit. (1) The
19department
of commerce shall implement a program to certify taxpayers as eligible
20for the woody biomass harvesting and processing credit under ss. 71.07 (3rm), 71.28
21(3rm), and 71.47 (3rm).
AB40-ASA1,1319,3
22(2) If the department
of commerce certifies a taxpayer under sub. (1), the
23department
of commerce shall determine the amount of credits to allocate to that
24taxpayer. The total amount of woody biomass harvesting and processing credits
25allocated to taxpayers in any fiscal year may not exceed $900,000. In each fiscal year,
1the department
of commerce shall allocate $450,000 in tax credits to businesses that,
2individually, have no more than $5,000,000 in gross receipts from doing business in
3this state for the taxable year in which the credit is claimed.
AB40-ASA1,1319,6
4(3) The department
of commerce shall inform the department of revenue of
5every taxpayer certified under sub. (1) and the amount of credits allocated to the
6taxpayer.
AB40-ASA1,1319,8
7(4) The department
of commerce, in consultation with the department of
8revenue, shall promulgate rules to administer this section.
AB40-ASA1, s. 3380m
17Section 3380m. 560.285 (title) of the statutes is renumbered 101.934 (title).
AB40-ASA1, s. 3381f
20Section 3381f. 560.285 (3) of the statutes is renumbered 101.934 (3) and
21amended to read:
AB40-ASA1,1320,322
101.934
(3) Administration. The department shall contract with one or more
23entities that are exempt from taxation under section
501 (a) of the Internal Revenue
24Code and that employ individuals with technical expertise concerning manufactured
25housing for the administration of the grant program under this section. The
1department shall promulgate rules to establish the grant program under this
2section. To the extent feasible, the department shall coordinate the program under
3this section with the state housing strategy plan under s.
560.9802 16.302.
AB40-ASA1, s. 3383
5Section
3383. Subchapter II (title) of chapter 560 [precedes 560.30] of the
6statutes is repealed.
AB40-ASA1, s. 3390
13Section
3390. Subchapter III (title) of chapter 560 [precedes 560.41] of the
14statutes is repealed.
AB40-ASA1, s. 3396
20Section
3396. Subchapter IV (title) of chapter 560 [precedes 560.51] of the
21statutes is repealed.
AB40-ASA1, s. 3400
1Section
3400. Subchapter V (title) of chapter 560 [precedes 560.60] of the
2statutes is repealed.
AB40-ASA1, s. 3407
9Section
3407. Subchapter VI (title) of chapter 560 [precedes 560.70] of the
10statutes is repealed.
AB40-ASA1, s. 3408
11Section
3408. 560.70 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7) of the
12statutes are renumbered 238.30 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7),
13and 238.30 (intro.), (2g), (2m) (b), (4) and (7) (b) 1. and 2., (c) and (d), as renumbered,
14are amended to read:
AB40-ASA1,1321,16
15238.30 Definitions. (intro.) In this section and ss.
560.71 to 560.795 238.31
16to 238.395:
AB40-ASA1,1321,17
17(2g) "Eligible activity" means an activity described under s.
560.702 238.302.
AB40-ASA1,1321,24
18(2m) (b) The
department may by rule specify corporation may adopt a rule
19specifying circumstances under which the
department corporation may grant
20exceptions to the requirement under par. (a) that a full-time job means a job in which
21an individual, as a condition of employment, is required to work at least 2,080 hours
22per year, but under no circumstances may a full-time job mean a job in which an
23individual, as a condition of employment, is required to work less than 37.5 hours per
24week.
AB40-ASA1,1322,3
1(4) "Local governing body" means the governing body of one or more cities,
2villages, towns
, or counties or the elected governing body of a federally recognized
3American Indian tribe or band in this state.
AB40-ASA1,1322,9
4(7) (b) 1. Except as provided in subd. 2., in s.
560.795 238.395, "tax benefits"
5means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di),
6and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx),
771.47 (1dx), and 76.636. With respect to the development opportunity zones under
8s.
560.795 238.395 (1) (e) and (f), "tax benefits" also means the development zones
9capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40-ASA1,1322,1310
2. With respect to the development opportunity zones under s.
560.795 238.395 11(1) (g) and (h), "tax benefits" means the development zone credits under ss. 71.07
12(2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital
13investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40-ASA1,1322,1614
(c) In s.
560.798 238.398, "tax benefits" means the development zones capital
15investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the
16development zones credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.
AB40-ASA1,1322,1917
(d) In ss.
560.701 to 560.706 238.301 to 238.306, "tax benefits" means the
18economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and
1976.637.
AB40-ASA1, s. 3410
21Section
3410. 560.701 of the statutes is renumbered 238.301, and 238.301 (1)
22(intro.) and (e), (2) (a) and (b) and (3) (intro.), (b), (c), (d) and (f), as renumbered, are
23amended to read:
AB40-ASA1,1323,3
1238.301
(1) Application. (intro.) Any person may apply to the
department 2corporation on a form prepared by the
department corporation for certification under
3this section. The application shall include all of the following:
AB40-ASA1,1323,54
(e) Other information required by the
department
corporation or the
5department of revenue.
AB40-ASA1,1323,9
6(2) (a) The
department corporation may certify a person who submits an
7application under sub. (1) if, after conducting an investigation, the
department 8corporation determines that the person is conducting or intends to conduct at least
9one eligible activity.
AB40-ASA1,1323,1110
(b) The
department corporation shall provide a person certified under this
11section and the department of revenue with a copy of the certification.
AB40-ASA1,1323,14
12(3) Contract. (intro.) A person certified under this section shall enter into a
13written contract with the
department corporation. The contract shall include
14provisions that detail all of the following:
AB40-ASA1,1323,1715
(b) Whether any of the eligible activities will occur in an economically
16distressed area, as designated by the
department
corporation under s.
560.704 17238.304 (1).
AB40-ASA1,1323,1918
(c) Whether any of the eligible activities will benefit members of a targeted
19group, as determined by the
department corporation under s.
560.704 238.304 (2).
AB40-ASA1,1323,2220
(d) A compliance schedule that includes a sequence of anticipated actions to be
21taken or goals to be achieved by the person before the person may receive tax benefits
22under s.
560.703 238.303.
AB40-ASA1,1323,2423
(f) If feasible, a determination of the tax benefits the person will be authorized
24to claim under s.
560.703 238.303 (2) if the person fulfills the terms of the contract.
AB40-ASA1, s. 3411
1Section
3411. 560.702 of the statutes is renumbered 238.302, and 238.302
2(intro.), (1), (2) and (3), as renumbered, are amended to read:
AB40-ASA1,1324,4
3238.302 Eligible activities. (intro.) A person who conducts or proposes to
4conduct any of the following may be certified under s.
560.701 238.301 (2):
AB40-ASA1,1324,7
5(1) Job creation project. A project that creates and maintains for a period of
6time established by the
department corporation by rule full-time jobs in addition to
7any existing full-time jobs provided by the person.
AB40-ASA1,1324,11
8(2) Capital investment project. A project that involves a significant
9investment of capital, as defined by the
department
corporation by rule under s.
10560.706 238.306 (2) (b), by the person in new equipment, machinery, real property,
11or depreciable personal property.
AB40-ASA1,1324,15
12(3) Employee training project. A project that involves significant investments
13in the training or reeducation of employees, as defined by the
department 14corporation by rule under s.
560.706
238.306 (2) (c), by the person for the purpose of
15improving the productivity or competitiveness of the business of the person.
AB40-ASA1, s. 3412
16Section
3412. 560.703 (title) of the statutes is renumbered 238.303 (title).
AB40-ASA1,1324,2519
238.303
(1) (a) Except as provided in pars. (am) and (b), and subject to a
20reallocation by the
department corporation pursuant to rules
promulgated adopted 21under s.
560.205 238.15 (3) (d), the total tax benefits available to be allocated by the
22department corporation under ss.
560.701 to 560.706 238.301 to 238.306 may not
23exceed the sum of the tax benefits remaining to be allocated under
ss. s. 560.71 to
24560.785,
2009 stats., s. 560.797,
2009 stats., s. 560.798,
2009 stats., s. 560.7995,
2009
25stats., and
s. 560.96
, 2009 stats., on March 6, 2009, plus $25,000,000.
AB40-ASA1,1325,143
238.303
(1) (am) Before the
department
corporation allocates the additional
4$25,000,000 in tax benefits specified in par. (a), the
department corporation shall
5submit its plan for such allocation to the joint committee on finance. If the
6cochairpersons of the committee do not notify the
department corporation within 14
7working days after the date of the
department's corporation's submittal that the
8committee has scheduled a meeting for the purpose of reviewing the plan, the plan
9may be implemented and the additional amount may be allocated as proposed by the
10department corporation. If, within 14 working days after the date of the
11department's corporation's submittal, the cochairpersons of the committee notify the
12department corporation that the committee has scheduled a meeting for the purpose
13of reviewing the proposed plan, the plan may be implemented and the additional
14amount allocated only upon approval of the committee.
AB40-ASA1, s. 3415
15Section
3415. 560.703 (1) (b), (2) and (3) of the statutes are renumbered
16238.303 (1) (b), (2) and (3) and amended to read:
AB40-ASA1,1325,2217
238.303
(1) (b) The
department corporation may submit to the joint committee
18on finance a request in writing to exceed the total tax benefits specified in par. (a).
19The
department corporation shall submit with its request a justification for seeking
20an increase under this paragraph. The joint committee on finance, following its
21review, may approve or disapprove an increase in the total tax benefits available to
22be allocated under ss.
560.701 to 560.706 238.301 to 238.306.
AB40-ASA1,1326,4
23(2) Authority to claim tax benefits. The
department corporation may
24authorize a person certified under s.
560.701 238.301 (2) to claim tax benefits only
25after the person has submitted a report to the
department corporation that
1documents to the satisfaction of the
department corporation that the person has
2complied with the terms of the contract under s.
560.701 238.301 (3) and the
3requirements of any applicable rules
promulgated
adopted under s.
560.706 238.306 4(2).
AB40-ASA1,1326,7
5(3) Notice of eligibility. The
department corporation shall provide to the
6person and to the department of revenue a notice of eligibility to receive tax benefits
7that reports the amount of tax benefits for which the person is eligible.
AB40-ASA1, s. 3416
8Section
3416. 560.704 of the statutes is renumbered 238.304, and 238.304
9(intro.) and (1), as renumbered, are amended to read:
AB40-ASA1,1326,14
10238.304 Eligible activities in economically distressed areas and
11benefiting members of targeted groups. (intro.) The
department corporation 12may authorize a person certified under s.
560.701
238.301 (2) to claim additional tax
13benefits under s.
560.703 238.303 if, after conducting an investigation, the
14department corporation determines any of the following:
AB40-ASA1,1326,18
15(1) The person conducts at least one eligible activity in an area designated by
16the
department corporation as economically distressed. In designating an area as
17economically distressed under this subsection, the
department corporation shall
18follow the methodology established by rule under s.
560.706 238.306 (2) (e).
