AB227,195,1111
(k) Procedures for implementing ss.
238.301 to 238.306 235.301 to 235.306.
AB227,195,17
12(3) Reporting. Annually, 6 months after the report has been submitted under
13s.
238.07 235.016 (2), submit to the joint legislative audit committee and to the
14appropriate standing committees of the legislature under s. 13.172 (3) a
15comprehensive report assessing the program under ss.
238.301 to 238.306 235.301
16to 235.306. The report under this subsection shall update the applicable information
17provided in the report under s.
238.07 235.016 (2).
AB227,532
18Section
532. 238.31 of the statutes is renumbered 235.31, and 235.31 (1)
19(intro.), (ac), (am), (b), (d) and (e) (intro.), 4. a. and d., (1m) (intro.) and (h), (2) and
20(3) (intro.), as renumbered, are amended to read:
AB227,195,2221
235.31
(1) (intro.) The
corporation
authority may designate an area as a
22development zone if all of the following apply:
AB227,195,2423
(ac) The
corporation authority has invited a local governing body to nominate
24the area under s.
238.315 235.315.
AB227,196,2
1(am) A local governing body nominates the area as described in s.
238.32 2235.32.
AB227,196,43
(b) The
corporation authority has evaluated the local governing body's
4application as described in s.
238.325 235.325.
AB227,196,55
(d) The area meets the applicable requirements under s.
238.335 235.335.
AB227,196,66
(e) (intro.) The
corporation authority determines all of the following:
AB227,196,97
4. a. The unemployment rate in the area is higher than the state average for
8the 18 months immediately preceding the date on which the application under s.
9238.32 235.32 (2) or (3) was submitted to the
corporation authority.
AB227,196,1310
d. In the 36 months immediately preceding the date on which the application
11under s.
238.32 235.32 (2) or (3) was submitted to the
corporation authority, a number
12of workers in the area were permanently laid off by their employer or became
13unemployed as a result of a business action subject to s. 109.07 (1m).
AB227,196,15
14(1m) (intro.) In making a determination under sub. (1) (e), the
corporation 15authority shall consider all of the following:
AB227,196,1616
(h) Any other factors that the
corporation authority considers relevant.
AB227,196,19
17(2) In determining whether an area meets the requirements under sub. (1) (e)
18or s.
238.335 235.335, the
corporation authority may rely on any data provided by the
19local governing body that the
corporation authority determines is relevant.
AB227,196,20
20(3) (intro.) The
corporation authority shall do all of the following:
AB227,533
21Section
533. 238.315 of the statutes is renumbered 235.315 and amended to
22read:
AB227,197,2
23235.315 Invitation to nominate area. If the
corporation authority 24determines that an area has experienced or is about to experience economic distress,
1the
corporation authority may invite local governing bodies in the area to nominate
2the area as a development zone.
AB227,534
3Section
534. 238.32 of the statutes is renumbered 235.32, and 235.32 (1)
4(intro.), (2) (intro.), (c), (d) and (i), (3) and (5), as renumbered, are amended to read:
AB227,197,85
235.32
(1) (intro.) A local governing body may nominate an area as a
6development zone, if the
corporation authority has invited the governing body to
7nominate the area under s.
238.315 235.315 and if the governing body does all of the
8following:
AB227,197,11
9(2) (intro.) A local governing body may nominate the area as a development
10zone by submitting an application to the
corporation
authority in a form prescribed
11by the
corporation authority. The application shall include all of the following:
AB227,197,1312
(c) Evidence that the area meets at least 3 of the criteria under s.
238.31 235.31 13(1) (e) 4.
AB227,197,1514
(d) Evidence that the area meets the applicable requirements of s.
238.335 15235.335.
AB227,197,1616
(i) Any other information required by the
corporation
authority.
AB227,197,19
17(3) Two or more local governing bodies may submit a joint application
18nominating an area as a development zone, subject to s.
238.335 235.335 (2), if each
19local governing body complies with subs. (1) and (2).
AB227,197,21
20(5) The
corporation authority may permit a local governing body to revise an
21application that the
corporation authority determines is inadequate or incomplete.
AB227,535
22Section
535. 238.325 of the statutes is renumbered 235.325 and amended to
23read:
AB227,197,25
24235.325 Evaluation by corporation authority. (1) The
corporation 25authority shall evaluate applications received under s.
238.32 235.32 (2) and (3).
AB227,198,6
1(2) Subject to s.
238.335
235.335 (5), the
corporation authority may reduce the
2size of an area nominated as a development zone, if the
corporation authority 3determines the boundaries as proposed by the local governing body in an application
4under s.
238.32 235.32 (2) or (3) are inconsistent with the purpose of the development
5zone program. Any nominated area which is reduced under this subsection need not
6comply with s.
238.335 235.335 (1) and (4).
AB227,198,11
7(3) After evaluating an application submitted under s.
238.32 235.32 (2) or (3),
8the
corporation authority may approve the application, subject to any reduction in
9the size of the nominated area under sub. (2). If the
corporation authority approves
10the application, the
corporation authority shall designate the area as a development
11zone, subject to s.
238.31 235.31, and notify the local governing body.
AB227,536
12Section
536. 238.335 of the statutes is renumbered 235.335, and 235.335 (6)
13(a) 2. and (c) and (7), as renumbered, are amended to read:
AB227,198,1514
235.335
(6) (a) 2. Each area meets at least 3 of the criteria listed in s.
238.31 15235.31 (1) (e) 4.
AB227,198,1816
(c) If an application is submitted by the governing body of a county under s.
17238.32 235.32 (2) or (3), up to 4 separate areas may be nominated or designated as
18one development zone, if par. (a) 1. to 3. applies.
AB227,198,21
19(7) The
corporation authority may waive the requirements of this section in a
20particular case, if the
corporation authority determines that application of the
21requirement is impractical with respect to a particular development zone.
AB227,537
22Section
537. 238.34 of the statutes is renumbered 235.34, and 235.34 (1), (2),
23(3) (intro.) and (a), (4), (5) and (6), as renumbered, are amended to read:
AB227,199,424
235.34
(1) Except as provided under sub. (6), at any time after a development
25zone is designated by the
corporation authority, a local governing body may submit
1an application to change the boundaries of the development zone. If the boundary
2change reduces the size of a development zone, the local governing body shall explain
3why the area excluded should no longer be in a development zone. The
corporation 4authority may require the local governing body to submit additional information.
AB227,199,8
5(2) The
corporation authority may approve an application for a boundary
6change if the development zone, as affected by the boundary changes, meets the
7applicable requirements of s.
238.335 235.335 and 3 of the criteria under s.
238.31 8235.31 (1) (e) 4.
AB227,199,10
9(3) (intro.) If the
corporation authority approves an application for a boundary
10change under sub. (2), it shall do all of the following:
AB227,199,1211
(a) Redetermine the limit on the tax benefits for the development zone
12established under s.
238.345 235.345 (2) (a).
AB227,199,15
13(4) The change in the boundaries or tax benefits limit of a development zone
14shall be effective on the day the
corporation authority notifies the local governing
15body under sub. (3) (b).
AB227,199,20
16(5) No change in the boundaries of a development zone may affect the duration
17of an area as a development zone under s.
238.345
235.345 (1) (a). The
corporation 18authority may consider a change in the boundary of a development zone when
19evaluating an application for an extension of the designation of an area as a
20development zone under s.
238.345 235.345 (1) (b).
AB227,199,23
21(6) The
corporation authority may not accept any applications under sub. (1)
22to change the boundaries of a development zone designated under s.
238.31 235.31 23on or after March 6, 2009.
AB227,538
1Section
538. 238.345 of the statutes is renumbered 235.345, and 235.345 (1)
2(a) and (b), (2) (a), (am), (b), (c) 1. and 2. and (d) and (3) (intro.), (a) and (b), as
3renumbered, are amended to read:
AB227,200,64
235.345
(1) (a) The designation of an area as a development zone shall be
5effective for 240 months, beginning on the day the
corporation authority notifies the
6local governing body under s.
238.325 235.325 (3) of the designation.
AB227,200,127
(b) The local governing body may apply to the
corporation authority for one
860-month extension of the designation. The
corporation authority shall adopt
rules 9policies and procedures establishing criteria for approving an extension of a
10designation of an area as a development zone under this subsection. No applications
11may be accepted by the
corporation authority under this paragraph on or after March
126, 2009.
AB227,200,15
13(2) (a) When the
corporation authority designates a development zone under
14s.
238.31 235.31, it shall establish a limit for tax benefits for the development zone
15determined by allocating to the development zone a portion of $38,155,000.
AB227,200,1916
(am) Notwithstanding par. (a), the
corporation authority may increase the
17established limit for tax benefits for a development zone. The
corporation authority 18may not increase the limit for tax benefits established for any development zone
19designated under s.
238.31 235.31 on or after March 6, 2009.
AB227,200,2120
(b) Annually the
corporation authority shall estimate the amount of forgone
21state revenue because of tax benefits claimed by persons in each development zone.
AB227,200,2422
(c) 1. Ninety days after the day on which the
corporation authority determines
23that the forgone tax revenues under par. (b) will equal or exceed the limit for the
24development zone established under par. (a) or (am).
AB227,201,2
12. The day that the
corporation authority withdraws its designation of an area
2as a development zone under sub. (3).
AB227,201,43
(d) The
corporation authority shall immediately notify the local governing body
4of a change in the expiration date of the development zone under par. (c).
AB227,201,6
5(3) (intro.) The
corporation authority may withdraw the designation of an area
6as a development zone if any of the following applies:
AB227,201,107
(a) No person is certified as eligible to receive tax benefits under s.
238.365 8235.365 (3) during the 12-month period beginning on the day the area is designated
9as a development zone and the
corporation authority determines that the local
10governing body that nominated the zone is not in compliance with s.
238.363 235.363.
AB227,201,1311
(b) No person is certified as eligible to receive tax benefits under s.
238.365 12235.365 (3) during the 24-month period beginning on the day the area is designated
13a development zone.
AB227,539
14Section
539. 238.35 of the statutes is renumbered 235.35, and 235.35 (intro.),
15(6), (7), (8) and (10), as renumbered, are amended to read:
AB227,201,17
16235.35 Additional duties of the corporation authority. (intro.) The
17corporation authority shall do all of the following:
AB227,201,23
18(6) Notify University of Wisconsin small business development centers, the
19Wisconsin housing and development centers, the central administration of all
20University of Wisconsin campuses and regional planning commissions about the
21development zone program and encourage those entities to provide advice to the
22corporation authority or local governing bodies on ways to improve the development
23zone program.
AB227,201,24
24(7) Prepare forms for the certification described under s.
238.365 235.365 (5).
AB227,202,2
1(8) Annually verify information submitted to the
corporation authority under
2s. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), or 76.636.
AB227,202,6
3(10) Enter into an agreement with the local governing body of a 1st class city
4where a development zone is designated under s.
238.31
235.31 (3) (c) 1. to provide
5efficient administration of the development zone program within the development
6zone.
AB227,540
7Section
540. 238.363 of the statutes is renumbered 235.363, and 235.363 (1)
8(intro.) and (c) and (4), as renumbered, are amended to read:
AB227,202,119
235.363
(1) (intro.) If an area nominated by a local governing body is designated
10as a development zone under s.
238.31 235.31, the local governing body shall do all
11of the following:
AB227,202,1312
(c) Assist the
corporation authority in the administration of the development
13zone program.
AB227,202,17
14(4) The local governing body of a 1st class city where a development zone is
15designated under s.
238.31 235.31 (3) (c) 1. shall enter into an agreement with the
16corporation authority to provide efficient administration of the development zone
17program within the development zone.
AB227,541
18Section
541. 238.365 of the statutes is renumbered 235.365, and 235.365
19(intro.), (2), (3) (intro.), (b) and (j) and (5) (g) and (h), as renumbered, are amended
20to read:
AB227,202,22
21235.365 Certification for tax benefits. (intro.) The
corporation authority 22shall do all of the following:
AB227,202,24
23(2) Determine whether a person applying for tax benefits engages or will
24engage in economic activity that violates s.
238.38
235.38 (1).
AB227,203,3
1(3) (intro.) Subject to s.
238.38 235.38, certify persons who are eligible to claim
2tax benefits while an area is designated as a development zone, according to the
3following criteria:
AB227,203,54
(b) The person's commitment not to engage in economic activity that violates
5s.
238.38 235.38 (1).
AB227,203,76
(j) Any other criteria established under
rules policies and procedures adopted
7by the
corporation authority.
AB227,203,9
8(5) (g) The limit under s.
238.368
235.368 on tax benefits the person may claim
9while an area is designated as a development zone.
AB227,203,1110
(h) Other information required by the
corporation
authority or the department
11of revenue.
AB227,542
12Section
542. 238.368 of the statutes is renumbered 235.368, and 235.368 (1)
13(a) and (b) (intro.), 1. and 2., (2) (intro.) and (b) and (3) (a) (intro.) and 1. and (b), as
14renumbered, are amended to read:
AB227,203,1715
235.368
(1) (a) The
corporation authority shall establish a limit on the
16maximum amount of tax benefits a person certified under s.
238.365 235.365 (3) may
17claim while an area is designated as a development zone.
AB227,203,1918
(b) (intro.) When establishing a limit on tax benefits under par. (a), the
19corporation authority shall do all of the following:
AB227,203,2020
1. Consider all of the criteria described in s.
238.365 235.365 (3) (a) to (e).
AB227,204,221
2. Establish a limit which does not greatly exceed a recommended limit,
22established under
rules policies and procedures adopted by the
corporation authority 23based on the cost, number and types of full-time jobs that will be created, retained,
24or upgraded, including full-time jobs available to members of the targeted
1population, as a result of the economic activity of the person certified under s.
2238.365 235.365 (3).
AB227,204,5
3(2) (intro.) The
corporation authority may, upon request, increase a limit on tax
4benefits established under sub. (1) if the
corporation
authority does all of the
5following:
AB227,204,86
(b) Revises the certification required under s.
238.365 235.365 (5) and provides
7a copy of the revised form to the department of revenue and the person whose limit
8is increased under this subsection.
AB227,204,11
9(3) (a) (intro.) The
corporation
authority may reduce a limit established under
10sub. (1) or (2) if the
corporation authority determines that any of the following
11applies:
AB227,204,1312
1. The limit is not consistent with the criteria listed under s.
238.365 235.365 13(3) (a) to (e).
AB227,204,1614
(b) The
corporation authority shall notify the department of revenue and the
15person whose limit on tax benefits is reduced under par. (a) and provide a written
16explanation to the person of the reasons for reducing the limit.
AB227,543
17Section
543. 238.37 of the statutes is renumbered 235.37, and 235.37 (1)
18(intro.) and (b) and (2), as renumbered, are amended to read:
AB227,204,2019
235.37
(1) (intro.) The
corporation
authority shall revoke the certification of a
20person certified under s.
238.365 235.365 (3) if the person does any of the following:
AB227,204,2121
(b) Becomes subject to revocation under s.
238.38
235.38 (1).
AB227,204,23
22(2) The
corporation authority shall notify the department of revenue within 30
23days of revoking a certification under sub. (1).
AB227,544
1Section
544. 238.38 of the statutes is renumbered 235.38, and 235.38 (1)
2(intro.), (1m), (2) (intro.) and (a) and (3) (a) and (b), as renumbered, are amended to
3read:
AB227,205,84
235.38
(1) (intro.) Except as provided in subs. (2) and (3), no person may be
5certified under s.
238.365 235.365 (3), or a person's certification may be revoked
6under s.
238.37 235.37, if the proposed new business, expansion of an existing
7business, or other proposed economic activity in a development zone would do or does
8any of the following:
AB227,205,10
9(1m) No person may be certified under s.
238.365 235.365 (3) on or after March
106, 2009.
AB227,205,13
11(2) (intro.) Subsection (1) does not apply if, after a hearing, the
corporation 12authority, or the local governing body under sub. (3) (a), determines that any of the
13following applies: