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555.31
(1) (intro.) The
corporation
department may designate an area as a
20development zone if all of the following apply:
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(ac) The
corporation department has invited a local governing body to nominate
22the area under s.
238.315 555.315.
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(am) A local governing body nominates the area as described in s.
238.32 24555.32.
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1(b) The
corporation department has evaluated the local governing body's
2application as described in s.
238.325 555.325.
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(d) The area meets the applicable requirements under s.
238.335 555.335.
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(e) (intro.) The
corporation department determines all of the following:
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3. That economic development in the area is not likely to occur or continue
6without the
corporation's department's designation of the area as a development
7zone.
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4. a. The unemployment rate in the area is higher than the state average for
9the 18 months immediately preceding the date on which the application under s.
10238.32 555.32 (2) or (3) was submitted to the
corporation department.
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d. In the 36 months immediately preceding the date on which the application
12under s.
238.32 555.32 (2) or (3) was submitted to the
corporation department, a
13number of workers in the area were permanently laid off by their employer or became
14unemployed as a result of a business action subject to s. 109.07 (1m).
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15(1m) (intro.) In making a determination under sub. (1) (e), the
corporation 16department shall consider all of the following:
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(h) Any other factors that the
corporation department considers relevant.
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18(2) In determining whether an area meets the requirements under sub. (1) (e)
19or s.
238.335 555.335, the
corporation department may rely on any data provided by
20the local governing body that the
corporation department determines is relevant.
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21(3) (intro.) The
corporation department shall do all of the following:
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22Section
393. 238.315 of the statutes is renumbered 555.315 and amended to
23read:
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24555.315 Invitation to nominate area. If the
corporation department 25determines that an area has experienced or is about to experience economic distress,
1the
corporation department may invite local governing bodies in the area to
2nominate the area as a development zone.
SB468,394
3Section
394. 238.32 of the statutes is renumbered 555.32, and 555.32 (1)
4(intro.), (2) (intro.), (c), (d) and (i), (3) and (5), as renumbered, are amended to read:
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555.32
(1) (intro.) A local governing body may nominate an area as a
6development zone, if the
corporation department has invited the governing body to
7nominate the area under s.
238.315 555.315 and if the governing body does all of the
8following:
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9(2) (intro.) A local governing body may nominate the area as a development
10zone by submitting an application to the
corporation
department in a form prescribed
11by the
corporation department. The application shall include all of the following:
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(c) Evidence that the area meets at least 3 of the criteria under s.
238.31 555.31 13(1) (e) 4.
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(d) Evidence that the area meets the applicable requirements of s.
238.335 15555.335.
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(i) Any other information required by the
corporation
department.
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17(3) Two or more local governing bodies may submit a joint application
18nominating an area as a development zone, subject to s.
238.335 555.335 (2), if each
19local governing body complies with subs. (1) and (2).
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20(5) The
corporation department may permit a local governing body to revise an
21application that the
corporation department determines is inadequate or
22incomplete.
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23Section
395. 238.325 of the statutes is renumbered 555.325 and amended to
24read:
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1555.325 (title)
Evaluation by
corporation department. (1) The
2corporation department shall evaluate applications received under s.
238.32 555.32 3(2) and (3).
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4(2) Subject to s.
238.335 555.335 (5), the
corporation department may reduce
5the size of an area nominated as a development zone, if the
corporation department 6determines the boundaries as proposed by the local governing body in an application
7under s.
238.32 555.32 (2) or (3) are inconsistent with the purpose of the development
8zone program. Any nominated area which is reduced under this subsection need not
9comply with s.
238.335 555.335 (1) and (4).
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10(3) After evaluating an application submitted under s.
238.32 555.32 (2) or (3),
11the
corporation department may approve the application, subject to any reduction
12in the size of the nominated area under sub. (2). If the
corporation department 13approves the application, the
corporation department shall designate the area as a
14development zone, subject to s.
238.31 555.31, and notify the local governing body.
SB468,396
15Section
396. 238.335 of the statutes is renumbered 555.335, and 555.335 (6)
16(a) 2. and (c) and (7), as renumbered, are amended to read:
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555.335
(6) (a) 2. Each area meets at least 3 of the criteria listed in s.
238.31 18555.31 (1) (e) 4.
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(c) If an application is submitted by the governing body of a county under s.
20238.32 555.32 (2) or (3), up to 4 separate areas may be nominated or designated as
21one development zone, if par. (a) 1. to 3. applies.
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22(7) The
corporation department may waive the requirements of this section in
23a particular case, if the
corporation department determines that application of the
24requirement is impractical with respect to a particular development zone.
SB468,397
1Section
397. 238.34 of the statutes is renumbered 555.34, and 555.34 (1), (2),
2(3) (intro.) and (a), (4), (5) and (6), as renumbered, are amended to read:
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555.34
(1) Except as provided under sub. (6), at any time after a development
4zone is designated by the
corporation department, a local governing body may submit
5an application to change the boundaries of the development zone. If the boundary
6change reduces the size of a development zone, the local governing body shall explain
7why the area excluded should no longer be in a development zone. The
corporation 8department may require the local governing body to submit additional information.
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9(2) The
corporation department may approve an application for a boundary
10change if the development zone, as affected by the boundary changes, meets the
11applicable requirements of s.
238.335 555.335 and 3 of the criteria under s.
238.31 12555.31 (1) (e) 4.
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13(3) (intro.) If the
corporation department approves an application for a
14boundary change under sub. (2), it shall do all of the following:
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(a) Redetermine the limit on the tax benefits for the development zone
16established under s.
238.345 555.345 (2) (a).
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17(4) The change in the boundaries or tax benefits limit of a development zone
18shall be effective on the day the
corporation department notifies the local governing
19body under sub. (3) (b).
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20(5) No change in the boundaries of a development zone may affect the duration
21of an area as a development zone under s.
238.345
555.345 (1) (a). The
corporation 22department may consider a change in the boundary of a development zone when
23evaluating an application for an extension of the designation of an area as a
24development zone under s.
238.345 555.345 (1) (b).
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1(6) The
corporation department may not accept any applications under sub. (1)
2to change the boundaries of a development zone designated under s.
238.31 555.31 3on or after March 6, 2009.
SB468,398
4Section
398. 238.345 of the statutes is renumbered 555.345, and 555.345 (1)
5(a) and (b), (2) (a), (am), (b), (c) 1. and 2. and (d) and (3) (intro.), (a) and (b), as
6renumbered, are amended to read:
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555.345
(1) (a) The designation of an area as a development zone shall be
8effective for 240 months, beginning on the day the
corporation department notifies
9the local governing body under s.
238.325 555.325 (3) of the designation.
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(b) The local governing body may apply to the
corporation department for one
1160-month extension of the designation. The
corporation department shall adopt
12rules establishing criteria for approving an extension of a designation of an area as
13a development zone under this subsection. No applications may be accepted by the
14corporation department under this paragraph on or after March 6, 2009.
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15(2) (a) When the
corporation department designates a development zone under
16s.
238.31 555.31, it shall establish a limit for tax benefits for the development zone
17determined by allocating to the development zone a portion of $38,155,000.
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(am) Notwithstanding par. (a), the
corporation department may increase the
19established limit for tax benefits for a development zone. The
corporation 20department may not increase the limit for tax benefits established for any
21development zone designated under s.
238.31 555.31 on or after March 6, 2009.
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(b) Annually the
corporation department shall estimate the amount of forgone
23state revenue because of tax benefits claimed by persons in each development zone.
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1(c) 1. Ninety days after the day on which the
corporation department 2determines that the forgone tax revenues under par. (b) will equal or exceed the limit
3for the development zone established under par. (a) or (am).
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2. The day that the
corporation department withdraws its designation of an
5area as a development zone under sub. (3).
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(d) The
corporation department shall immediately notify the local governing
7body of a change in the expiration date of the development zone under par. (c).
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8(3) (intro.) The
corporation department may withdraw the designation of an
9area as a development zone if any of the following applies:
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(a) No person is certified as eligible to receive tax benefits under s.
238.365 11555.365 (3) during the 12-month period beginning on the day the area is designated
12as a development zone and the
corporation department determines that the local
13governing body that nominated the zone is not in compliance with s.
238.363 555.363.
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(b) No person is certified as eligible to receive tax benefits under s.
238.365 15555.365 (3) during the 24-month period beginning on the day the area is designated
16a development zone.
SB468,399
17Section
399. 238.35 of the statutes is renumbered 555.35, and 555.35 (intro.),
18(6), (7), (8) and (10), as renumbered, are amended to read:
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19555.35 Additional duties of the corporation department. (intro.) The
20corporation department shall do all of the following:
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21(6) Notify University of Wisconsin small business development centers, the
22Wisconsin housing and development centers, the central administration of all
23University of Wisconsin campuses and regional planning commissions about the
24development zone program and encourage those entities to provide advice to the
1corporation department or local governing bodies on ways to improve the
2development zone program.
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3(7) Prepare forms for the certification described under s.
238.365 555.365 (5).
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4(8) Annually verify information submitted to the
corporation department 5under s. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), or 76.636.
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6(10) Enter into an agreement with the local governing body of a 1st class city
7where a development zone is designated under s.
238.31
555.31 (3) (c) 1. to provide
8efficient administration of the development zone program within the development
9zone.
SB468,400
10Section
400. 238.363 of the statutes is renumbered 555.363, and 555.363 (1)
11(intro.) and (c) and (4), as renumbered, are amended to read:
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555.363
(1) (intro.) If an area nominated by a local governing body is designated
13as a development zone under s.
238.31 555.31, the local governing body shall do all
14of the following:
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(c) Assist the
corporation department in the administration of the development
16zone program.
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17(4) The local governing body of a 1st class city where a development zone is
18designated under s.
238.31 555.31 (3) (c) 1. shall enter into an agreement with the
19corporation department to provide efficient administration of the development zone
20program within the development zone.
SB468,401
21Section
401. 238.365 of the statutes is renumbered 555.365, and 555.365
22(intro.), (2), (3) (intro.), (b) and (j) and (5) (g) and (h), as renumbered, are amended
23to read:
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24555.365 Certification for tax benefits. (intro.) The
corporation department 25shall do all of the following:
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1(2) Determine whether a person applying for tax benefits engages or will
2engage in economic activity that violates s.
238.38
555.38 (1).
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3(3) (intro.) Subject to s.
238.38
555.38, certify persons who are eligible to claim
4tax benefits while an area is designated as a development zone, according to the
5following criteria:
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(b) The person's commitment not to engage in economic activity that violates
7s.
238.38 555.38 (1).
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(j) Any other criteria established under rules adopted by the
corporation 9department.
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10(5) (g) The limit under s.
238.368
555.368 on tax benefits the person may claim
11while an area is designated as a development zone.
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(h) Other information required by the
corporation
department or the
13department of revenue.
SB468,402
14Section
402. 238.368 of the statutes is renumbered 555.368, and 555.368 (1)
15(a) and (b) (intro.), 1. and 2., (2) (intro.) and (b) and (3) (a) (intro.) and 1. and (b), as
16renumbered, are amended to read:
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555.368
(1) (a) The
corporation department shall establish a limit on the
18maximum amount of tax benefits a person certified under s.
238.365 555.365 (3) may
19claim while an area is designated as a development zone.
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(b) (intro.) When establishing a limit on tax benefits under par. (a), the
21corporation department shall do all of the following:
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1. Consider all of the criteria described in s.
238.365 555.365 (3) (a) to (e).
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2. Establish a limit which does not greatly exceed a recommended limit,
24established under rules adopted by the
corporation
department based on the cost,
25number and types of full-time jobs that will be created, retained, or upgraded,
1including full-time jobs available to members of the targeted population, as a result
2of the economic activity of the person certified under s.
238.365 555.365 (3).
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3(2) (intro.) The
corporation department may, upon request, increase a limit on
4tax benefits established under sub. (1) if the
corporation department does all of the
5following:
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(b) Revises the certification required under s.
238.365 555.365 (5) and provides
7a copy of the revised form to the department of revenue and the person whose limit
8is increased under this subsection.
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9(3) (a) (intro.) The
corporation
department may reduce a limit established
10under sub. (1) or (2) if the
corporation department determines that any of the
11following applies:
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1. The limit is not consistent with the criteria listed under s.
238.365 555.365 13(3) (a) to (e).
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(b) The
corporation department 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.
SB468,403
17Section
403. 238.37 of the statutes is renumbered 555.37, and 555.37 (1)
18(intro.) and (b) and (2), as renumbered, are amended to read:
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555.37
(1) (intro.) The
corporation
department shall revoke the certification of
20a person certified under s.
238.365 555.365 (3) if the person does any of the following:
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(b) Becomes subject to revocation under s.
238.38
555.38 (1).
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22(2) The
corporation department shall notify the department of revenue within
2330 days of revoking a certification under sub. (1).
SB468,404
1Section
404. 238.38 of the statutes is renumbered 555.38, and 555.38 (1)
2(intro.), (1m), (2) (intro.) and (a) and (3) (a) and (b), as renumbered, are amended to
3read:
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555.38
(1) (intro.) Except as provided in subs. (2) and (3), no person may be
5certified under s.
238.365 555.365 (3), or a person's certification may be revoked
6under s.
238.37 555.37, 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:
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9(1m) No person may be certified under s.
238.365 555.365 (3) on or after March
106, 2009.
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11(2) (intro.) Subsection (1) does not apply if, after a hearing, the
corporation 12department, or the local governing body under sub. (3) (a), determines that any of the
13following applies:
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(a) The total number of full-time jobs provided by the person in this state would
15be reduced if the person were not certified under s.
238.365 555.365 (3) or if the
16person's certification were revoked.
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17(3) (a) Except as provided in pars. (b) and (c), if the economic activity for which
18a person is seeking certification under s.
238.365
555.365 (3) is the relocation of a
19business into a development zone from a location that is outside the development
20zone but within the limits of a city, village, town, or federally recognized American
21Indian reservation in which that development zone is located, the local governing
22body that nominated that area as a development zone under s.
238.32 555.32 shall
23determine whether sub. (2) (a) or (b) applies.