AB40,1196,9 6238.17 Food processing plant and food warehouse investment credit.
7(1) The department of commerce corporation shall implement a program to certify
8taxpayers as eligible for the food processing plant and food warehouse investment
9credit under ss. 71.07 (3rn), 71.28 (3rn), and 71.47 (3rn).
AB40,1196,16 10(2) If the department of commerce corporation certifies a taxpayer under sub.
11(1), the department of commerce corporation shall determine the amount of credits
12to allocate to that taxpayer. The total amount of food processing plant and food
13warehouse investment credits allocated to taxpayers in fiscal year 2009-10 may not
14exceed $600,000 and the total amount of food processing plant and food warehouse
15investment credits allocated to taxpayers in fiscal year 2010-11, and in each fiscal
16year thereafter, may not exceed $700,000.
AB40,1196,19 17(3) The department of commerce corporation shall inform the department of
18revenue of every taxpayer certified under sub. (1) and the amount of credits allocated
19to the taxpayer.
AB40,1196,21 20(4) The department of commerce corporation, in consultation with the
21department of revenue, shall promulgate adopt rules to administer this section.
AB40, s. 3368 22Section 3368. 560.206 of the statutes is renumbered 41.155, and 41.155 (4),
23as renumbered, is amended to read:
AB40,1196,2524 41.155 (4) The department of commerce tourism, in consultation with the
25department of revenue, shall promulgate rules to administer this section.
AB40, s. 3369
1Section 3369. 560.207 of the statutes is renumbered 93.535 and amended to
2read:
AB40,1197,7 393.535 Dairy manufacturing facility investment credit. (1) The
4department of commerce shall implement a program to certify taxpayers, including
5taxpayers who are members of dairy cooperatives, as eligible for the dairy
6manufacturing facility investment credit under ss. 71.07 (3p), 71.28 (3p), and 71.47
7(3p).
AB40,1197,19 8(2) If the department of commerce certifies a taxpayer under sub. (1), the
9department of commerce shall determine the amount of credits to allocate to that
10taxpayer. The total amount of dairy manufacturing facility investment credits
11allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total
12amount of dairy manufacturing facility investment credits allocated to taxpayers
13who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal
14year thereafter, may not exceed $700,000. The total amount of dairy manufacturing
15facility investment credits allocated to taxpayers who are members of dairy
16cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount
17of dairy manufacturing facility investment credits allocated to taxpayers who are
18members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year
19thereafter, may not exceed $700,000.
AB40,1197,22 20(3) The department of commerce shall inform the department of revenue of
21every taxpayer certified under sub. (1) and the amount of credits allocated to the
22taxpayer.
AB40,1197,24 23(4) The department of commerce, in consultation with the department of
24revenue, shall promulgate rules to administer this section.
AB40, s. 3370
1Section 3370. 560.208 of the statutes is renumbered 238.19 and amended to
2read:
AB40,1198,6 3238.19 Meat processing facility investment credit. (1) The department
4of commerce
corporation shall implement a program to certify taxpayers as eligible
5for the meat processing facility investment credit under ss. 71.07 (3r), 71.28 (3r), and
671.47 (3r).
AB40,1198,13 7(2) If the department of commerce corporation certifies a taxpayer under sub.
8(1), the department of commerce corporation shall determine the amount of credits
9to allocate to that taxpayer. The total amount of meat processing facility investment
10credits allocated to taxpayers in fiscal year 2009-10 may not exceed $300,000 and
11the total amount of meat processing facility investment credits allocated to
12taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed
13$700,000.
AB40,1198,16 14(3) The department of commerce corporation shall inform the department of
15revenue of every taxpayer certified under sub. (1) and the amount of credits allocated
16to the taxpayer.
AB40,1198,18 17(4) The department of commerce corporation, in consultation with the
18department of revenue, shall promulgate adopt rules to administer this section.
AB40, s. 3371 19Section 3371. 560.2085 of the statutes is renumbered 238.20, and 238.20 (1)
20(intro.), (2) and (3), as renumbered, are amended to read:
AB40,1199,221 238.20 (1) (intro.) The department corporation shall implement a program to
22certify qualified new business ventures for purposes of s. 71.05 (24). A business
23desiring certification shall submit an application to the department corporation in
24each taxable year for which the business desires certification. Subject to sub. (2), a

1business may be certified under this subsection, and may maintain such
2certification, only if the business is engaged in one of the following:
AB40,1199,7 3(2) The department corporation may not certify a business under sub. (1) if the
4business is engaged in real estate development, insurance, banking, lending,
5lobbying, political consultation, professional services provided by attorneys,
6accountants, business consultants, physicians, or health care consultants, wholesale
7or retail sales, leisure, hospitality, transportation, or construction.
AB40,1199,10 8(3) (a) The department corporation shall maintain a list of businesses certified
9under sub. (1) and shall permit public access to the lists through the department's
10corporation's Internet Web site.
AB40,1199,1311 (b) The department of commerce corporation shall notify the department of
12revenue of every certification issued under sub. (1) and the date on which a
13certification under sub. (1) is revoked or expires.
AB40, s. 3372 14Section 3372. 560.209 of the statutes is renumbered 238.21 and amended to
15read:
AB40,1199,19 16238.21 Woody biomass harvesting and processing credit. (1) The
17department of commerce corporation shall implement a program to certify taxpayers
18as eligible for the woody biomass harvesting and processing credit under ss. 71.07
19(3rm), 71.28 (3rm), and 71.47 (3rm).
AB40,1200,2 20(2) If the department of commerce corporation certifies a taxpayer under sub.
21(1), the department of commerce corporation shall determine the amount of credits
22to allocate to that taxpayer. The total amount of woody biomass harvesting and
23processing credits allocated to taxpayers in any fiscal year may not exceed $900,000.
24In each fiscal year, the department of commerce corporation shall allocate $450,000
25in tax credits to businesses that, individually, have no more than $5,000,000 in gross

1receipts from doing business in this state for the taxable year in which the credit is
2claimed.
AB40,1200,5 3(3) The department of commerce corporation shall inform the department of
4revenue of every taxpayer certified under sub. (1) and the amount of credits allocated
5to the taxpayer.
AB40,1200,7 6(4) The department of commerce corporation, in consultation with the
7department of revenue, shall promulgate adopt rules to administer this section.
AB40, s. 3373 8Section 3373. 560.21 of the statutes is repealed.
AB40, s. 3374 9Section 3374. 560.25 of the statutes is repealed.
AB40, s. 3375 10Section 3375. 560.255 of the statutes is repealed.
AB40, s. 3376 11Section 3376. 560.27 of the statutes is repealed.
AB40, s. 3377 12Section 3377. 560.275 of the statutes is repealed.
AB40, s. 3378 13Section 3378. 560.276 of the statutes is repealed.
AB40, s. 3379 14Section 3379. 560.277 of the statutes is repealed.
AB40, s. 3380 15Section 3380. 560.28 of the statutes is repealed.
AB40, s. 3381 16Section 3381. 560.285 of the statutes is repealed.
AB40, s. 3382 17Section 3382. 560.29 of the statutes is repealed.
AB40, s. 3383 18Section 3383. Subchapter II (title) of chapter 560 [precedes 560.30] of the
19statutes is repealed.
AB40, s. 3384 20Section 3384. 560.30 of the statutes is repealed.
AB40, s. 3385 21Section 3385. 560.301 of the statutes is repealed.
AB40, s. 3386 22Section 3386. 560.302 of the statutes is repealed.
AB40, s. 3387 23Section 3387. 560.303 of the statutes is repealed.
AB40, s. 3388 24Section 3388. 560.304 of the statutes is repealed.
AB40, s. 3389 25Section 3389. 560.305 of the statutes is repealed.
AB40, s. 3390
1Section 3390. Subchapter III (title) of chapter 560 [precedes 560.41] of the
2statutes is repealed.
AB40, s. 3391 3Section 3391. 560.41 of the statutes is repealed.
AB40, s. 3392 4Section 3392. 560.42 of the statutes is repealed.
AB40, s. 3393 5Section 3393. 560.43 of the statutes is repealed.
AB40, s. 3394 6Section 3394. 560.44 of the statutes is repealed.
AB40, s. 3395 7Section 3395. 560.45 of the statutes is renumbered 490.05, and 490.05 (1), as
8renumbered, is amended to read:
AB40,1201,119 490.05 (1) The department may award a grant from the appropriations under
10s. 20.143 20.165 (1) (ie), (ig), (im), and (ir) to a business for innovation and research
11assistance.
AB40, s. 3396 12Section 3396. Subchapter IV (title) of chapter 560 [precedes 560.51] of the
13statutes is repealed.
AB40, s. 3397 14Section 3397. 560.51 of the statutes is repealed.
AB40, s. 3398 15Section 3398. 560.53 of the statutes is repealed.
AB40, s. 3399 16Section 3399. 560.54 of the statutes is repealed.
AB40, s. 3400 17Section 3400. Subchapter V (title) of chapter 560 [precedes 560.60] of the
18statutes is repealed.
AB40, s. 3401 19Section 3401. 560.60 of the statutes is repealed.
AB40, s. 3402 20Section 3402. 560.602 of the statutes is repealed.
AB40, s. 3403 21Section 3403. 560.605 of the statutes is repealed.
AB40, s. 3404 22Section 3404. 560.607 of the statutes is repealed.
AB40, s. 3405 23Section 3405. 560.61 of the statutes is repealed.
AB40, s. 3406 24Section 3406. 560.68 of the statutes is repealed.
AB40, s. 3407
1Section 3407. Subchapter VI (title) of chapter 560 [precedes 560.70] of the
2statutes is repealed.
AB40, s. 3408 3Section 3408. 560.70 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7) of the
4statutes are renumbered 238.30 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7),
5and 238.30 (intro.), (2g), (2m) (b), (4) and (7) (b) 1. and 2., (c) and (d), as renumbered,
6are amended to read:
AB40,1202,8 7238.30 Definitions. (intro.) In this section and ss. 560.71 to 560.795 238.31
8to 238.395
:
AB40,1202,9 9(2g) "Eligible activity" means an activity described under s. 560.702 238.302.
AB40,1202,16 10(2m) (b) The department may by rule specify corporation may adopt a rule
11specifying
circumstances under which the department corporation may grant
12exceptions to the requirement under par. (a) that a full-time job means a job in which
13an individual, as a condition of employment, is required to work at least 2,080 hours
14per year, but under no circumstances may a full-time job mean a job in which an
15individual, as a condition of employment, is required to work less than 37.5 hours per
16week.
AB40,1202,19 17(4) "Local governing body" means the governing body of one or more cities,
18villages, towns, or counties or the elected governing body of a federally recognized
19American Indian tribe or band in this state.
AB40,1202,25 20(7) (b) 1. Except as provided in subd. 2., in s. 560.795 238.395, "tax benefits"
21means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di),
22and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx),
2371.47 (1dx), and 76.636. With respect to the development opportunity zones under
24s. 560.795 238.395 (1) (e) and (f), "tax benefits" also means the development zones
25capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40,1203,4
12. With respect to the development opportunity zones under s. 560.795 238.395
2(1) (g) and (h), "tax benefits" means the development zone credits under ss. 71.07
3(2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital
4investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40,1203,75 (c) In s. 560.798 238.398, "tax benefits" means the development zones capital
6investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the
7development zones credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.
AB40,1203,108 (d) In ss. 560.701 to 560.706 238.301 to 238.306, "tax benefits" means the
9economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and
1076.637.
AB40, s. 3409 11Section 3409. 560.70 (1) of the statutes is repealed.
AB40, s. 3410 12Section 3410. 560.701 of the statutes is renumbered 238.301, and 238.301 (1)
13(intro.) and (e), (2) (a) and (b) and (3) (intro.), (b), (c), (d) and (f), as renumbered, are
14amended to read:
AB40,1203,1715 238.301 (1) Application. (intro.) Any person may apply to the department
16corporation on a form prepared by the department corporation for certification under
17this section. The application shall include all of the following:
AB40,1203,1918 (e) Other information required by the department corporation or the
19department of revenue.
AB40,1203,23 20(2) (a) The department corporation may certify a person who submits an
21application under sub. (1) if, after conducting an investigation, the department
22corporation determines that the person is conducting or intends to conduct at least
23one eligible activity.
AB40,1203,2524 (b) The department corporation shall provide a person certified under this
25section and the department of revenue with a copy of the certification.
AB40,1204,3
1(3) Contract. (intro.) A person certified under this section shall enter into a
2written contract with the department corporation. The contract shall include
3provisions that detail all of the following:
AB40,1204,64 (b) Whether any of the eligible activities will occur in an economically
5distressed area, as designated by the department corporation under s. 560.704
6238.304 (1).
AB40,1204,87 (c) Whether any of the eligible activities will benefit members of a targeted
8group, as determined by the department corporation under s. 560.704 238.304 (2).
AB40,1204,119 (d) A compliance schedule that includes a sequence of anticipated actions to be
10taken or goals to be achieved by the person before the person may receive tax benefits
11under s. 560.703 238.303.
AB40,1204,1312 (f) If feasible, a determination of the tax benefits the person will be authorized
13to claim under s. 560.703 238.303 (2) if the person fulfills the terms of the contract.
AB40, s. 3411 14Section 3411. 560.702 of the statutes is renumbered 238.302, and 238.302
15(intro.), (1), (2) and (3), as renumbered, are amended to read:
AB40,1204,17 16238.302 Eligible activities. (intro.) A person who conducts or proposes to
17conduct any of the following may be certified under s. 560.701 238.301 (2):
AB40,1204,20 18(1) Job creation project. A project that creates and maintains for a period of
19time established by the department corporation by rule full-time jobs in addition to
20any existing full-time jobs provided by the person.
AB40,1204,24 21(2) Capital investment project. A project that involves a significant
22investment of capital, as defined by the department corporation by rule under s.
23560.706 238.306 (2) (b), by the person in new equipment, machinery, real property,
24or depreciable personal property.
AB40,1205,4
1(3) Employee training project. A project that involves significant investments
2in the training or reeducation of employees, as defined by the department
3corporation by rule under s. 560.706 238.306 (2) (c), by the person for the purpose of
4improving the productivity or competitiveness of the business of the person.
AB40, s. 3412 5Section 3412. 560.703 (title) of the statutes is renumbered 238.303 (title).
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