SB148: Bill Text

SB148,215,19 (b) The designation of an area as an agricultural development zone shall be in effect for 10 years from the time that the corporation authority first designates the area. Not more than $5,000,000 in tax benefits may be claimed in an agricultural development zone, except that the corporation authority may allocate the amount of unallocated airport development zone tax credits, as provided under s. 238.3995 235.3995 (3) (b), to agricultural development zones for which the $5,000,000 maximum allocation is insufficient. The corporation authority may change the boundaries of an agricultural development zone during the time that its designation is in effect. A change in the boundaries of an agricultural development zone does not affect the duration of the designation of the area or the maximum tax benefit amount that may be claimed in the agricultural development zone.

SB148,215,25 (3) (a) Except as provided under par. (c), the corporation authority may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the corporation authority shall consider, among other things, the number of jobs that will be created or retained by the business.

SB148,216,6 (b) When the corporation authority certifies an agricultural business under this subsection, the corporation authority shall establish a limit on the amount of tax benefits that the business may claim. The corporation authority shall enter into an agreement with the business that specifies the limit on the amount of tax benefits that the business may claim and reporting requirements with which the business must comply.

SB148,216,8 (4) (a) (intro.) The corporation authority shall notify the department of revenue of all the following:

SB148,216,11 (b) The corporation authority shall annually verify information submitted to the corporation authority under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx), 71.47 (1dm) or (1dx), or 76.636.

SB148,216,14 (5) (intro.) The corporation authority shall adopt rules policies and procedures for the operation of this section, including rules policies and procedures related to all of the following:

SB148,216,16 (e) The exchange of information between the corporation authority and the department of revenue.

SB148,549 Section 549. 238.399 of the statutes is renumbered 235.399, and 235.399 (1) (am) 2. (intro.), (3) (a), (b) (intro.), (bm), (c) and (d), (5) (intro.), (b), (c) 1. a. and b. and 2. b. and c., (d) 1. and (e), (5m) and (6) (a), (b) (intro.), (c), (d), (e), (f) and (g) (intro.) and 1. (intro.), as renumbered, are amended to read:

SB148,216,24 235.399 (1) (am) 2. (intro.) The corporation authority may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year if all of the following apply:

SB148,217,2 (3) (a) The corporation authority may designate not more than 20 enterprise zones.

SB148,217,4 (b) (intro.) In determining whether to designate an area under par. (a), the corporation authority shall consider all of the following:

SB148,217,7 (bm) The corporation authority shall specify whether an enterprise zone designated under par. (a) is located in a tier I county or municipality or a tier II county or municipality.

SB148,217,9 (c) The corporation authority shall, to the extent possible, give preference to the greatest economic need.

SB148,217,16 (d) Notwithstanding pars. (b) and (c), the corporation authority shall designate as enterprise zones at least 3 areas comprising political subdivisions whose populations total less than 5,000 and at least 2 areas comprising political subdivisions whose populations total 5,000 or more but less than 30,000. In designating an enterprise zone under this paragraph, the corporation authority may consider indicators of an area's economic need and the effect of designation on other economic development activities.

SB148,217,18 (5) Certification. (intro.) The corporation authority may certify for tax benefits any of the following:

SB148,217,22 (b) A business that relocates to an enterprise zone from outside this state, if the business offers compensation and benefits to its employees working in the zone for the same type of work that are at least as favorable as those offered to its employees working outside the zone, as determined by the corporation authority.

SB148,217,25 (c) 1. a. The business enters into an agreement with the corporation authority to claim tax benefits only for years during which the business maintains the increased level of personnel.

SB148,218,4 b. The business offers compensation and benefits for the same type of work to its employees working in the enterprise zone that are at least as favorable as those offered to its employees working in this state but outside the zone, as determined by the corporation authority.

SB148,218,7 2. b. The business enters into an agreement with the corporation authority to claim tax benefits only for years during which the business maintains the capital investment.

SB148,218,11 c. The business offers compensation and benefits for the same type of work to its employees working in the zone that are at least as favorable as those offered to its employees working in this state but outside the zone, as determined by the corporation authority.

SB148,218,13 (d) 1. The business is a manufacturer with a significant supply chain in the state, as determined by the corporation authority.

SB148,218,16 (e) A business located in an enterprise zone if the business purchases tangible personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services from Wisconsin vendors, as determined by the corporation authority.

SB148,218,25 (5m) Additional tax benefits for significant capital expenditures. If the corporation authority determines that a business certified under sub. (5) makes a significant capital expenditure in the enterprise zone, the corporation authority may certify the business to receive additional tax benefits in an amount to be determined by the corporation authority, but not exceeding 10 percent of the business' capital expenditures. The corporation authority shall, in a manner determined by the corporation authority, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub. (4).

SB148,219,2 (6) (a) The corporation authority shall notify the department of revenue when the corporation authority certifies a business to receive tax benefits.

SB148,219,4 (b) (intro.) The corporation authority shall revoke a certification under sub. (5) if the business does any of the following:

SB148,219,6 (c) The corporation authority shall notify the department of revenue within 30 days of a revocation under par. (b).

SB148,219,10 (d) The corporation authority may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment levels or a significant capital investment in property required by an agreement under sub. (5) (c).

SB148,219,13 (e) The corporation authority 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.

SB148,219,15 (f) The corporation authority shall annually verify the information submitted to the corporation authority under ss. 71.07 (3w), 71.28 (3w), or 71.47 (3w).

SB148,219,17 (g) (intro.) The corporation authority shall adopt policies and procedures specifying all of the following:

SB148,219,20 1. (intro.) The definitions of a tier I county or municipality and a tier II county or municipality. The corporation authority may consider all of the following information when establishing the definitions required under this subdivision:

SB148,550 Section 550. 238.3995 of the statutes is renumbered 235.3995, and 235.3995 (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:

SB148,219,25 235.3995 (1) (b) "Full-time job" has the meaning given in s. 238.30 235.30 (2m).

SB148,220,1 (c) "Target population" has the meaning given in s. 238.30 235.30 (6).

SB148,220,4 (2) (a) (intro.) Subject to pars. (c) and (e), the corporation authority may designate an area as an airport development zone if the corporation authority determines all of the following:

SB148,220,7 4. That the airport development project is not likely to occur or continue without the corporation authority designation of the area as an airport development zone.

SB148,220,9 (b) (intro.) In making a determination under par. (a), the corporation authority shall consider all of the following:

SB148,220,10 8. Any other factors that the corporation authority considers relevant.

SB148,220,15 (c) 1. The corporation authority 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. 238.31 235.31, as a development opportunity zone under s. 238.395 235.395, or as an enterprise development zone under s. 238.397 235.397.

SB148,220,22 2. The corporation authority 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.

SB148,221,2 (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the corporation authority 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.

SB148,221,11 (3) (a) When the corporation authority designates an area as an airport development zone, the corporation authority shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d). The corporation authority 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.

SB148,222,2 (b) When the corporation authority designates an area as an airport development zone, the corporation authority shall establish a limit, not to exceed $3,000,000, for tax benefits applicable to the airport development zone, except that the corporation authority 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. 238.23 235.23 (2) (b) and to agricultural development zones under s. 238.398 235.398 (2) (b), and except that the total amount allocated to all technology zones under s. 238.23 235.23 (2) (b) and to all agricultural development zones under s. 238.398 235.398 (2) (b), may not exceed $6,000,000. The corporation authority may not reallocate amounts as provided under this paragraph on or after January 1, 2010, except that the corporation authority 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.

SB148,222,5 (c) Annually, the corporation authority shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each airport development zone.

SB148,222,10 (d) 1. Notwithstanding the length of time specified by the corporation authority under par. (a), the designation of an area as an airport development zone shall expire 90 days after the day on which the corporation authority determines that the forgone tax revenues estimated under par. (c) will equal or exceed the limit established for the airport development zone.

SB148,222,17 2. The corporation authority 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.

SB148,222,20 (4) (a) (intro.) A person that intends to operate a place of business in an airport development zone may submit to the corporation authority an application and a business plan. The business plan shall include all of the following:

SB148,222,22 10. Any other information required by the corporation authority or the department of revenue.

SB148,223,4 (am) A person that intends to operate a business in the airport development zone designated under sub. (2) (d) may submit to the corporation authority 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 corporation authority shall give higher priority to airport development projects located or proposed to be located in areas that have a low median household income, as determined by the corporation authority.

SB148,223,6 (ar) The corporation authority may not accept or approve any applications or business plans submitted under par. (a) on or after March 6, 2009.

SB148,223,10 (b) 1. Except as provided in subd. 2., if the corporation authority approves a business plan under par. (a) or (am), the corporation authority shall certify the person as eligible for tax benefits. The corporation authority shall notify the department of revenue within 30 days of certifying a person under this paragraph.

SB148,223,13 (c) (intro.) The corporation authority 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:

SB148,223,15 (d) The corporation authority shall notify the department of revenue within 30 days after revoking a certification under par. (c).

SB148,223,19 (5) Verification of information. The corporation authority annually shall verify information submitted to the corporation authority 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.

SB148,551 Section 551. 281.625 (2) of the statutes is amended to read:

SB148,223,24 281.625 (2) The department, in consultation with the department of administration, shall promulgate rules for determining whether a loan is an eligible loan under s. 234.86 235.86 (3) for a loan guarantee under s. 234.86 235.86. The rules shall be consistent with 42 USC 300j-12.

SB148,552 Section 552. 281.625 (3) of the statutes is amended to read:

SB148,224,4 281.625 (3) The department shall determine whether a loan to the owner of a community water system or the nonprofit owner of a noncommunity water system is an eligible loan under s. 234.86 235.86 (3) for the purposes of the loan guarantee program under s. 234.86 235.86.

SB148,553 Section 553. 281.625 (4) of the statutes is amended to read:

SB148,224,9 281.625 (4) With the approval of the department of administration, the department of natural resources may transfer funds from the appropriation accounts under s. 20.320 (2) (s) and (x) to the Wisconsin drinking water reserve fund under s. 234.933 235.933 to guarantee loans under s. 234.86 235.86.

SB148,554 Section 554. 281.625 (5) of the statutes is amended to read:

SB148,224,13 281.625 (5) The department may contract with the Forward Wisconsin Housing and Economic Development Authority for the administration of the program under this section and s. 234.86 235.86.

SB148,555 Section 555. 281.75 (4) (b) 3. of the statutes is amended to read:

SB148,224,16 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233, 234, 235, or 237, or 238.

SB148,556 Section 556. 285.59 (1) (b) of the statutes is amended to read:

SB148,225,2 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Wisconsin Health and Educational Facilities Authority.

SB148,557 Section 557. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB148,225,7 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 238.13 235.13 (1) (a).

SB148,558 Section 558. 292.255 of the statutes is amended to read:

SB148,225,13 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 235.13 (1) (a).

SB148,559 Section 559. 292.63 (4) (cc) 2. b. of the statutes is amended to read:

SB148,225,18 292.63 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 238.13 235.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB148,560 Section 560. 600.01 (1) (b) 8. of the statutes is amended to read:

SB148,226,2 600.01 (1) (b) 8. Guarantees of the Wisconsin Housing and Economic Development Authority under s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. s. 234.67, 2013 stats., s. 234.83, 2013 stats., s. 234.84, 2013 stats., s. 234.90, 2013 stats., s. 234.905, 2013 stats., s. 234.907, 2013 stats., and s. 234.91, 2013 stats., and guarantees of the Forward Wisconsin Development Authority under ss. 235.67, 235.83, 235.84, 235.90, 235.905, 235.907, and 235.91.

SB148,561 Section 561. 620.25 (2) of the statutes is amended to read:

SB148,226,4 620.25 (2) This section does not apply to s. 234.26 235.0277.

SB148,562 Section 562 . Nonstatutory provisions.

SB148,226,7 (1) Merger of Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority.

SB148,226,12 (a) Assets and liabilities. On the effective date of this paragraph, subject to section 235.402 (6) of the statutes, as created by this act, the assets and liabilities of the Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority become the assets and liabilities of the Forward Wisconsin Development Authority.

SB148,226,16 (b) Employees. On the effective date of this paragraph, all employees of the Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority become employees of the Forward Wisconsin Development Authority.

SB148,226,20 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority is transferred to the Forward Wisconsin Development Authority.

SB148,227,2 (d) Pending matters. Any matter pending with the Wisconsin Economic Development Corporation or Wisconsin Housing and Economic Development Authority on the effective date of this paragraph is transferred to the Forward Wisconsin Development Authority. All materials submitted to or actions taken by the Wisconsin Economic Development Corporation or Wisconsin Housing and Economic Development Authority are considered as having been submitted to or taken by the Forward Wisconsin Development Authority.

SB148,227,11 (e) Contracts. All contracts entered into by the Wisconsin Economic Development Corporation, all contracts entered into by the former department of commerce and maintained by the Wisconsin Economic Development Corporation, and all contracts entered into by the Wisconsin Housing and Economic Development Authority in effect on the effective date of this paragraph remain in effect and are transferred to the Forward Wisconsin Development Authority. The Forward Wisconsin Development Authority shall carry out any obligations under those contracts unless modified or rescinded by the Forward Wisconsin Development Authority to the extent allowed under the contract.

SB148,227,20 (f) Policies and procedures; orders. All policies and procedures of the Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the Forward Wisconsin Development Authority. All orders issued by the Wisconsin Economic Development Corporation and Wisconsin Housing and Economic Development Authority in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the Forward Wisconsin Development Authority.

SB148,227,21 (2) Initial appointments.

SB148,227,22 (a) Board of directors.

SB148,228,7 1. Notwithstanding the requirement of advice and consent of the senate under section 235.011 (1) of the statutes, as created by this act, the initial members of the board of directors of the Forward Wisconsin Development Authority nominated by the governor under that section may be provisionally appointed by the governor, subject to later senate confirmation. Any provisional appointment shall be in full force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

SB148,228,14 2. A provisional appointment made under subdivision 1. that is withdrawn by the governor shall, upon withdrawal, lapse and create a vacancy for provisional appointment of another initial member of the board of directors of the Forward Wisconsin Development Authority. Any provisional appointment made under subdivision 1. that is rejected by the senate shall upon rejection lapse and create a vacancy for nomination and appointment of another initial member of the board under subdivision 1.

SB148,228,21 3. Notwithstanding the length of terms specified for the members of the board of directors of the Forward Wisconsin Development Authority appointed by the governor under section 235.011 (1) of the statutes, as created by this act, 2 of the initial members shall be appointed for terms expiring on January 1, 2017, 2 of the initial members shall be appointed for terms expiring on January 1, 2018, 2 of the initial members shall be appointed for terms expiring on January 1, 2019, and 2 of the initial members shall be appointed for terms expiring on January 1, 2020.