AB40: Bill Text

AB40,1236,13 (e) The department corporation shall determine the maximum amount of the tax credits under ss. 71.07 (3w), 71.28 (3w), and 71.47 (3w) that a certified business may claim and shall notify the department of revenue of this amount.

AB40,1236,16 (f) The department corporation shall annually verify the information submitted to the department corporation under ss. 71.07 (3w), 71.28 (3w), or 71.47 (3w).

AB40,1236,18 (g) (intro.) The department corporation shall promulgate adopt rules specifying all of the following by rule:

AB40,1236,21 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:

AB40, s. 3438 Section 3438. 560.7995 of the statutes is renumbered 238.3995, and 238.3995 (1) (b) and (c), (2) (a) (intro.) and 4., (b) (intro.) and 8., (c) 1. and 2. and (d), (3) (a), (b), (c) and (d) 1. and 2., (4) (a) (intro.) and 10., (am), (ar), (b) 1., (c) (intro.) and (d) and (5), as renumbered, are amended to read:

AB40,1237,1 238.3995 (1) (b) "Full-time job" has the meaning given in s. 560.70 238.30 (2m).

AB40,1237,2 (c) "Target population" has the meaning given in s. 560.70 238.30 (6).

AB40,1237,5 (2) (a) (intro.) Subject to pars. (c) and (e), the department corporation may designate an area as an airport development zone if the department corporation determines all of the following:

AB40,1237,8 4. That the airport development project is not likely to occur or continue without the department's corporation designation of the area as an airport development zone.

AB40,1237,10 (b) (intro.) In making a determination under par. (a), the department corporation shall consider all of the following:

AB40,1237,11 8. Any other factors that the department corporation considers relevant.

AB40,1237,16 (c) 1. The department corporation may not designate as an airport development zone, or as any part of an airport development zone, an area that is located within the boundaries of an area that is designated as a development zone under s. 560.71 238.31, as a development opportunity zone under s. 560.795 238.395, or as an enterprise development zone under s. 560.797 238.397.

AB40,1237,23 2. The department corporation shall give the department of transportation the opportunity to review and comment on any proposed designation under this subsection and the department of transportation may deny any such designation if the department of transportation determines that the designation would compromise the airport's safety or utility. The department of transportation may also review and comment on any land use or compatibility issues related to any proposed designation under this subsection.

AB40,1238,3 (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the department corporation 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.

AB40,1238,12 (3) (a) When the department corporation designates an area as an airport development zone, the department corporation shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d). The department corporation shall notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of the designation of and expiration date of the airport development zone.

AB40,1239,2 (b) When the department corporation designates an area as an airport development zone, the department corporation shall establish a limit, not to exceed $3,000,000, for tax benefits applicable to the airport development zone, except that the department corporation shall limit the amount of tax benefits applicable to the airport development zone designated under sub. (2) (d) to $750,000. The total tax benefits applicable to all airport development zones may not exceed $9,000,000, less any amount allocated to technology zones under s. 560.96 238.23 (2) (b) and to agricultural development zones under s. 560.798 238.398 (2) (b), and except that the total amount allocated to all technology zones under s. 560.96 238.23 (2) (b) and to all agricultural development zones under s. 560.798 238.398 (2) (b), may not exceed $6,000,000. The department corporation may not reallocate amounts as provided under this paragraph on or after January 1, 2010, except that the department corporation may, after 48 months from the month of any designation under this section, evaluate the area designated as an airport development zone and reallocate the amount of available tax benefits.

AB40,1239,5 (c) Annually, the department corporation shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each airport development zone.

AB40,1239,10 (d) 1. Notwithstanding the length of time specified by the department corporation under par. (a), the designation of an area as an airport development zone shall expire 90 days after the day on which the department corporation determines that the forgone tax revenues estimated under par. (c) will equal or exceed the limit established for the airport development zone.

AB40,1239,17 2. The department corporation shall immediately notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of a change in the expiration date of the airport development zone under this paragraph.

AB40,1239,20 (4) (a) (intro.) A person that intends to operate a place of business in an airport development zone may submit to the department corporation an application and a business plan. The business plan shall include all of the following:

AB40,1239,22 10. Any other information required by the department corporation or the department of revenue.

AB40,1240,9 (am) A person that intends to operate a business in the airport development zone designated under sub. (2) (d) may submit to the department corporation an application and a business plan that includes all of the information required under par. (a). In approving business plans submitted under this paragraph, the department corporation shall give higher priority to airport development projects located or proposed to be located in a distressed area, as defined in s. 560.605 (7) (b) areas that have high levels of unemployment, areas that have a low median household income, areas where significant number of workers have been permanently laid off, areas in which an employer has given public notice of a plant closing or a substantial reduction in force that will result in a significant number of workers in the area being permanently laid off, and areas affected by other factors that indicate they are distressed areas, as determined by the corporation.

AB40,1240,11 (ar) The department corporation may not accept or approve any applications or business plans submitted under par. (a) on or after March 6, 2009.

AB40,1240,15 (b) 1. Except as provided in subd. 2., if the department corporation approves a business plan under par. (a) or (am), the department corporation shall certify the person as eligible for tax benefits. The department corporation shall notify the department of revenue within 30 days of certifying a person under this paragraph.

AB40,1240,18 (c) (intro.) The department corporation shall revoke a person's certification under par. (b) when the designation of the applicable airport development zone expires or if the person does any of the following:

AB40,1240,20 (d) The department corporation shall notify the department of revenue within 30 days after revoking a certification under par. (c).

AB40,1240,24 (5) Verification of information. The department corporation annually shall verify information submitted to the department corporation under ss. 71.07 (2dm) and (2dx), 71.28 (1dm) and (1dx), and 71.47 (1dm) and (1dx) as it relates to airport development zones.

AB40, s. 3439 Section 3439. Subchapter VIII (title) of chapter 560 [precedes 560.86] of the statutes is repealed.

AB40, s. 3440 Section 3440. 560.86 of the statutes is repealed.

AB40, s. 3441 Section 3441. 560.87 of the statutes is repealed.

AB40, s. 3442 Section 3442. 560.875 of the statutes is repealed.

AB40, s. 3443 Section 3443. Subchapter IX (title) of chapter 560 [precedes 560.90] of the statutes is repealed.

AB40, s. 3444 Section 3444. 560.90 of the statutes is repealed.

AB40, s. 3445 Section 3445. 560.905 of the statutes is repealed.

AB40, s. 3446 Section 3446. 560.92 of the statutes is repealed.

AB40, s. 3447 Section 3447. 560.93 of the statutes is repealed.

AB40, s. 3448 Section 3448. 560.96 of the statutes is renumbered 238.23, and 238.23 (2) (a) and (b), (3) (a) (intro.), (b) (intro.), (c) and (d), (4) (a) (intro.) and (b) and (5) (intro.), (e) and (g), as renumbered, are amended to read:

AB40,1241,18 238.23 (2) (a) Except as provided in par. (c), the department corporation 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 corporation under sub. (3) is eligible for a tax credit as provided in sub. (3).

AB40,1242,3 (b) The designation of an area as a technology zone shall be in effect for 10 years from the time that the department corporation first designates the area. Not more than $5,000,000 in tax credits may be claimed in a technology zone, except that the department corporation may allocate the amount of unallocated airport development zone tax credits, as provided under s. 560.7995 238.3995 (3) (b), to technology zones for which the $5,000,000 maximum allocation is insufficient. The department corporation may change the boundaries of a technology zone during the time that its designation is in effect. A change in the boundaries of a technology zone does not affect the duration of the designation of the area or the maximum tax credit amount that may be claimed in the technology zone.

AB40,1242,6 (3) (a) (intro.) Except as provided in par. (e), the department corporation may certify for tax credits in a technology zone a business that satisfies all of the following requirements:

AB40,1242,8 (b) (intro.) In determining whether to certify a business under this subsection, the department corporation shall consider all of the following:

AB40,1242,16 (c) When the department corporation certifies a business under this subsection, the department corporation shall establish a limit on the amount of tax credits that the business may claim. Unless its certification is revoked, and subject to the limit on the tax credit amount established by the department corporation under this paragraph, a business that is certified may claim a tax credit for 3 years, except that a business that experiences growth, as determined for that business by the department corporation under par. (d) and sub. (5) (e), may claim a tax credit for up to 5 years.

AB40,1242,24 (d) The department corporation shall enter into an agreement with a business that is certified under this subsection. The agreement shall specify the limit on the amount of tax credits that the business may claim, the extent and type of growth, which shall be specific to the business, that the business must experience to extend its eligibility for a tax credit, the business' baseline against which that growth will be measured, any other conditions that the business must satisfy to extend its eligibility for a tax credit, and reporting requirements with which the business must comply.

AB40,1243,2 (4) (a) (intro.) The department of commerce corporation shall notify the department of revenue of all the following:

AB40,1243,5 (b) The department corporation shall annually verify information submitted to the department corporation under ss. 71.07 (2di), (2dm), (2dx), and (3g), 71.28 (1di), (1dm), (1dx), and (3g), and 71.47 (1di), (1dm), (1dx), and (3g).

AB40,1243,7 (5) (intro.) The department corporation shall promulgate adopt rules for the operation of this section, including rules related to all the following:

AB40,1243,11 (e) Standards for extending a business's certification, including what measures, in addition to job creation, the department corporation will use to determine the growth of a specific business and how the department corporation will establish baselines against which to measure growth.

AB40,1243,13 (g) The exchange of information between the department of commerce corporation and the department of revenue.

AB40, s. 3449 Section 3449. Subchapter X (title) of chapter 560 [precedes 560.9801] of the statutes is repealed.

AB40, s. 3450 Section 3450. 560.9801 of the statutes is renumbered 234.5601, and 234.5601 (2) (a), as renumbered, is amended to read:

AB40,1243,19 234.5601 (2) (a) A housing authority organized under s. 59.53 (22), 61.73, 66.1201, or 66.1213 or ch. 234 this chapter.

AB40, s. 3451 Section 3451. 560.9802 of the statutes is renumbered 234.5602, and 234.5602 (1) (a) and (b), (3) and (4), as renumbered, are amended to read:

AB40,1243,24 234.5602 (1) (a) The department authority shall prepare a comprehensive 5-year state housing strategy plan. The department authority shall submit the plan to the federal department of housing and urban development.

AB40,1244,3 (b) In preparing the plan, the department authority may obtain input from housing authorities, community-based organizations, the private housing industry and others interested in housing assistance and development.

AB40,1244,5 (3) The department authority shall annually update the state housing strategy plan.

AB40,1244,8 (4) Before October 1 of each year, the department authority shall submit the state housing strategy plan to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40, s. 3452 Section 3452. 560.9803 of the statutes is renumbered 234.5603, and 234.5603 (1) (intro.) and (a), (2) (intro.) and (e) 7. and (3), as renumbered, are amended to read:

AB40,1244,11 234.5603 (1) (intro.) The department authority shall do all of the following:

AB40,1244,15 (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 560.9804 234.5604, from the appropriation under s. 20.143 (2) 20.490 (7) (b) to persons or families of low or moderate income to defray housing costs of the person or family.

AB40,1244,17 (2) (intro.) In connection with grants and loans under sub. (1), the department authority shall do all of the following:

AB40,1244,19 (e) 7. Other persons or families that the department authority determines have particularly severe housing problems.

AB40,1244,21 (3) (a) The department authority may make grants or loans under sub. (1) (a) directly or through agents designated under s. 560.9804 234.5604.

AB40,1244,23 (b) The department authority may administer and disburse funds from a grant or loan under sub. (1) (a) on behalf of the recipient of the grant or loan.

AB40, s. 3453 Section 3453. 560.9804 of the statutes is renumbered 234.5604, and 234.5604 (1) and (2) (intro.), as renumbered, are amended to read:

AB40,1245,3 234.5604 (1) The department authority may enter into an agreement with an agent designated under sub. (2) to allow the designated agent to do any of the following:

AB40,1245,5 (a) Award grants and loans under s. 560.9803 234.5603 (1) and (2) subject to the approval of the department authority.

AB40,1245,7 (b) Disburse the funds for grants and loans to persons or families of low or moderate income on terms approved by the department authority.

AB40,1245,10 (c) On terms approved by the department authority, administer and disburse funds from a grant or loan under s. 560.9803 234.5603 on behalf of the recipient of the grant or loan.

AB40,1245,12 (2) (intro.) The department authority may designate any of the following as agents:

AB40, s. 3454 Section 3454. 560.9805 of the statutes is renumbered 234.5605, and 234.5605 (1) (intro.), (2) (intro.) and (c) (intro.) and (4), as renumbered, are amended to read:

AB40,1245,20 234.5605 (1) (intro.) The department authority may make grants to a community-based organization, organization operated for profit, or housing authority to improve the ability of the community-based organization, organization operated for profit, or housing authority to provide housing opportunities, including housing-related counseling services, for persons or families of low or moderate income. The grants may be used to partially defray any of the following:

AB40,1245,22 (2) (intro.) The department authority may not make a grant under sub. (1) unless all of the following apply:

AB40,1245,25 (c) (intro.) The department authority determines that the grant to the particular community-based organization, organization operated for profit, or housing authority is appropriate because of any of the following:

AB40,1246,4 (4) To ensure the development of housing opportunities, the department authority shall coordinate the use of grants provided under this section with projects undertaken by housing authorities, organizations operated for profit , and community-based organizations.

AB40, s. 3455 Section 3455. 560.9806 (1), (2) and (3) of the statutes are renumbered 234.5606 (1), (2) and (3), and 234.5606 (2) (a) and (3) (intro.) and (d), as renumbered, are amended to read:

AB40,1246,14 234.5606 (2) (a) From the appropriation under s. 20.143 (2) 20.490 (7) (fm), the department authority may award a grant to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. (b) are satisfied. The department authority shall ensure that the funds for the grants are reasonably balanced among geographic areas of the state, consistent with the quality of applications submitted.

AB40,1246,16 (3) (intro.) Each recipient of a grant under this section shall annually provide all of the following information to the department authority:

AB40,1246,19 (d) Any other information that the department authority determines to be necessary to evaluate the effectiveness of the transitional housing program operated by the recipient.

AB40, s. 3456 Section 3456. 560.9806 (4) of the statutes is repealed.

AB40, s. 3457 Section 3457. 560.9807 of the statutes is renumbered 234.5607 and amended to read:

AB40,1247,2 234.5607 Grants to alleviate homelessness. (1) Grants. From moneys available under s. 20.143 (2) 20.490 (7) (h), the department authority shall make grants to organizations, including organizations operated for profit, that provide shelter or services to homeless individuals or families.

AB40,1247,5 (2) Supplemental funds. The department authority shall ensure that grants awarded under sub. (1) are not used to supplant other state funds available for homelessness prevention or services to homeless individuals or families.

AB40,1247,9 (2m) Report. Annually, the department authority shall submit a report to the speaker of the assembly, the president of the senate and to the appropriate standing committees under s. 13.172 (3) that summarizes how much money was received in the previous year and how that money was distributed.

AB40,1247,11 (3) Rules. The department authority shall promulgate adopt rules establishing procedures and eligibility criteria for grants under this section.

AB40, s. 3458 Section 3458. 560.9808 of the statutes is renumbered 234.5608, and 234.5608 (2) (a) and (b) (intro.), (3) (b), (3m), (4) (intro.) and (5) (intro.), as renumbered, are amended to read:

AB40,1247,22 234.5608 (2) (a) From the appropriations under s. 20.143 (2) 20.490 (7) (fm) and (h), the department authority shall award grants to eligible applicants for the purpose of supplementing the operating budgets of agencies and shelter facilities that have or anticipate a need for additional funding because of the renovation or expansion of an existing shelter facility, the development of an existing building into a shelter facility, the expansion of shelter services for homeless persons, or an inability to obtain adequate funding to continue the provision of an existing level of services.

AB40,1247,25 (b) (intro.) The department authority shall allocate funds from the appropriations under s. 20.143 (2) 20.490 (7) (fm) and (h) for temporary shelter for homeless individuals and families as follows:

AB40,1248,6 (3) (b) Applications shall be submitted in the form required by the department authority and shall be accompanied by the current or proposed operating budget or both, as required by the department authority, of each shelter facility or agency which that will, directly or indirectly, receive any of the grant money, and an explanation of why the shelter facility or agency has or anticipates a need for additional funding.

AB40,1248,10 (3m) Grant eligibility. In awarding grants under this section, the department authority shall consider whether the community in which an eligible applicant provides services has a coordinated system of services for homeless individuals and families.