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(i) An area in the city of Beloit, the legal description of which is provided to the
25corporation department by the local governing body of the city of Beloit.
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1(2) (c) Annually, the
corporation department shall estimate the amount of
2forgone state revenue because of tax benefits claimed by persons in each
3development opportunity zone.
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(d) 1. Notwithstanding pars. (a) and (e), the designation of an area as a
5development opportunity zone shall expire 90 days after the day on which the
6corporation department determines that the forgone tax revenues under par. (c) will
7equal or exceed the limit for the development opportunity zone.
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2. The
corporation department shall immediately notify the local governing
9body of the city in which the development opportunity zone is located of a change in
10the expiration date of the development opportunity zone under this paragraph.
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(e) 1. The
corporation department may extend the designation of an area under
12sub. (1) (g) as a development opportunity zone for an additional 60 months if the
13corporation department determines that an extension under this subdivision would
14support economic development within the city. If the
corporation department 15extends the designation of the area as a development opportunity zone, the limit for
16tax benefits for the development opportunity zone under sub. (1) (g) is increased by
17$5,000,000.
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2. The
corporation department may extend the designation of an area under
19sub. (1) (h) as a development opportunity zone for an additional 60 months if the
20corporation department determines that an extension under this subdivision would
21support economic development within the city. If the
corporation department 22extends the designation of the area as a development opportunity zone, the limit for
23tax benefits for the development opportunity zone under sub. (1) (h) is increased by
24$5,000,000.
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13. The
corporation department may extend the designation of an area under
2sub. (1) (i) as a development opportunity zone for an additional 60 months if the
3corporation department determines that an extension will support economic
4development within the city. If the
corporation
department grants an extension
5under this subdivision, the limit for tax benefits for the development opportunity
6zone under sub. (1) (i) is increased by $5,000,000.
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7(3) (a) 1. Any person that is conducting or that intends to conduct economic
8activity in a development opportunity zone under sub. (1) (a) or (b) and that, in
9conjunction with the local governing body of the city in which the development
10opportunity zone is located, submits a project plan as described in par. (b) to the
11corporation department no later than 6 months after April 23, 1994, shall be entitled
12to claim tax benefits while the area is designated as a development opportunity zone.
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2. Any person that is conducting or that intends to conduct economic activity
14in a development opportunity zone under sub. (1) (c) and that, in conjunction with
15the local governing body of the city in which the development opportunity zone is
16located, submits a project plan as described in par. (b) to the
corporation department 17no later than 6 months after April 28, 1995, shall be entitled to claim tax benefits
18while the area is designated as a development opportunity zone.
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3. Any person that is conducting or that intends to conduct economic activity
20in a development opportunity zone under sub. (1) (d) and that, in conjunction with
21the local governing body of the city in which the development opportunity zone is
22located, submits a project plan as described in par. (b) to the
corporation department 23no later than July 1, 2000, shall be entitled to claim tax benefits while the area is
24designated as a development opportunity zone.
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14. Any person that is conducting or that intends to conduct economic activity
2in a development opportunity zone under sub. (1) (e), (f), (g), (h), or (i) and that, in
3conjunction with the local governing body of the city in which the development
4opportunity zone is located, submits a project plan as described in par. (b) to the
5corporation department shall be entitled to claim tax benefits while the area is
6designated as a development opportunity zone.
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(b) 9. Other information required by the
corporation
department or the
8department of revenue.
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(d) The
corporation department annually shall verify information submitted
10to the
corporation department under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx),
1171.47 (1dm) or (1dx), or 76.636.
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12(4) (intro.) The
corporation department shall revoke the entitlement of a
13person to claim tax benefits under sub. (3) if the person does any of the following:
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14(5) (a) (intro.) The
corporation
department may certify for tax benefits a person
15that is conducting economic activity in the development opportunity zone under sub.
16(1) (e) or (f) and that is not otherwise entitled to claim tax benefits if all of the
17following apply:
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2. The
corporation department determines that the economic activity of the
19other person under subd. 1. would not have occurred but for the involvement of the
20person to be certified for tax benefits under this subsection.
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3. The person to be certified for tax benefits under this subsection will pass the
22benefits through to the other person conducting the economic activity under subd.
231., as determined by the
corporation department.
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(b) A person intending to claim tax benefits under this subsection shall submit
25to the
corporation department an application, in the form required by the
corporation
1department, containing information required by the
corporation department and by
2the department of revenue.
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(c) The
corporation department shall notify the department of revenue of all
4persons certified to claim tax benefits under this subsection.
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(d) The
corporation department annually shall verify information submitted
6to the
corporation department under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx),
771.47 (1dm) or (1dx), or 76.636.
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(e) (intro.) The
corporation department shall revoke the entitlement of a person
9to claim tax benefits under this subsection if the person does any of the following:
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3. Does not pass the benefits through to the other person conducting the
11economic activity under par. (a) 1., as determined by the
corporation department.
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(f) The
corporation department shall notify the department of revenue within
1330 days after revoking an entitlement under par. (e).
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14Section
407. 238.397 of the statutes is renumbered 555.397, and 555.397 (1)
15(am), (c) and (d), (2) (a) (intro.), 3. and 4. a. and d., (b) (intro.) and 8., (bg) (intro.) and
162. and (br) (intro.), (c), (d) and (e), (3) (a), (b) 11. and (c), (4) (a), (c), (d) and (g), (5) (a),
17(b), (c) and (d) 1. and 2. and (6) (a) (intro.) and (b), as renumbered, are amended to
18read:
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555.397
(1) (am) "Full-time job" has the meaning given in s.
238.30 555.30 20(2m).
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(c) "Target population" has the meaning given in s.
238.30 555.30 (6).
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(d) "Tax benefits" has the meaning given in s.
238.30 555.30 (7).
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23(2) (a) (intro.) Subject to pars. (c), (d), and (e), the
corporation department may
24designate an area as an enterprise development zone for a project if the
corporation 25department determines all of the following:
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13. That the project is not likely to occur or continue without the
corporation's 2department's designation of the area as an enterprise development zone.
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4. a. The unemployment rate in the area is higher than the state average for
4the 18 months immediately preceding the date on which the application under sub.
5(3) was submitted to the
corporation department.
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d. In the 36 months immediately preceding the date on which the application
7under sub. (3) was submitted to the
corporation department, a number of workers
8in the area were permanently laid off by their employer or became unemployed as
9a result of a business action subject to s. 109.07 (1m).
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(b) (intro.) In making a determination under par. (a), the
corporation 11department shall consider all of the following:
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8. Any other factors that the
corporation department considers relevant.
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(bg) (intro.) Notwithstanding par. (a) and subject to pars. (c), (d), and (e), the
14corporation department may designate an area as an enterprise development zone
15for a project if the
corporation department determines all of the following:
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2. That the project is not likely to occur or continue without the
corporation's 17department's designation of the area as an enterprise development zone.
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(br) (intro.) In making a determination under par. (bg), the
corporation 19department shall consider all of the following:
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(c) The
corporation department may not designate as an enterprise
21development zone, or as any part of an enterprise development zone, an area that is
22located within the boundaries of an area that is designated as a development
23opportunity zone under s.
238.395 555.395, the designation of which is in effect.
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(d) The
corporation department may not designate more than 98 enterprise
25development zones unless the
corporation department obtains the approval of the
1joint committee on finance to do so. Of the enterprise development zones that the
2corporation department designates, at least 10 shall be designated under par. (bg).
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(e) The
corporation department may not designate any area as an enterprise
4development zone on or after March 6, 2009.
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5(3) (a) A person that conducts or that intends to conduct a project and that
6desires to have the area in which the project is or is to be conducted designated as
7an enterprise development zone for the purpose of claiming tax benefits may submit
8to the
corporation department an application and a project plan.
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(b) 11. Any other information required by the
corporation department or the
10department of revenue.
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(c) The
corporation department may not accept or approve any applications or
12project plans submitted under par. (a) on or after March 6, 2009.
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13(4) (a) Except as provided in par. (h), if the
corporation department approves
14a project plan under sub. (3) and designates the area in which the person submitting
15the project plan conducts or intends to conduct the project as an enterprise
16development zone under the criteria under sub. (2), the
corporation department shall
17certify the person as eligible for tax benefits.
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(c) When the
corporation department designates an area as an enterprise
19development zone for a project, the
corporation department shall notify the
20governing body of any city, village, town, or federally recognized American Indian
21tribe or band in which the area is located of the area's designation.
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(d) The
corporation department shall notify the department of revenue of all
23persons entitled to claim tax benefits under this section, except that the
corporation 24department shall notify the office of the commissioner of insurance of all persons
25entitled to claim the credit under s. 76.636.
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1(g) The
corporation department annually shall verify information submitted
2to the
corporation department under s. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), or
376.636.
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4(5) (a) When the
corporation department designates an area as an enterprise
5development zone under this section, the
corporation
department shall specify the
6length of time, not to exceed 84 months, that the designation is effective, subject to
7par. (d) and sub. (6).
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(b) When the
corporation department designates an area as an enterprise
9development zone under this section, the
corporation
department shall establish a
10limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.
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(c) Annually, the
corporation department shall estimate the amount of forgone
12state revenue because of tax benefits claimed by persons in each enterprise
13development zone.
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(d) 1. Notwithstanding the length of time specified by the
corporation 15department under par. (a), the designation of an area as an enterprise development
16zone shall expire 90 days after the day on which the
corporation department 17determines that the forgone tax revenues under par. (c) will equal or exceed the limit
18established for the enterprise development zone.
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2. The
corporation department shall immediately notify the department of
20revenue and the governing body of any city, village, town, or federally recognized
21American Indian tribe or band in which the enterprise development zone is located
22of a change in the expiration date of the enterprise development zone under this
23paragraph.
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1(6) (a) (intro.) The
corporation department shall revoke the entitlement of a
2person to claim tax benefits under this section, and the designation of the area as an
3enterprise development zone shall expire, if the person does any of the following:
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(b) The
corporation department shall notify the department of revenue within
530 days after revoking an entitlement under par. (a).
SB468,408
6Section
408. 238.398 of the statutes is renumbered 555.398, and 555.398 (2)
7(a) and (b), (3) (a) and (b), (4) (a) (intro.) and (b) and (5) (intro.) and (e), as renumbered,
8are amended to read:
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555.398
(2) (a) Except as provided under par. (c), the
corporation department 10may designate one area in the state as an agricultural development zone. The area
11must be located in a rural municipality. An agricultural business that is located in
12an agricultural development zone and that is certified by the
corporation department 13under sub. (3) is eligible for tax benefits as provided in sub. (3).
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(b) The designation of an area as an agricultural development zone shall be in
15effect for 10 years from the time that the
corporation
department first designates the
16area. Not more than $5,000,000 in tax benefits may be claimed in an agricultural
17development zone, except that the
corporation department may allocate the amount
18of unallocated airport development zone tax credits, as provided under s.
238.3995 19555.3995 (3) (b), to agricultural development zones for which the $5,000,000
20maximum allocation is insufficient. The
corporation
department may change the
21boundaries of an agricultural development zone during the time that its designation
22is in effect. A change in the boundaries of an agricultural development zone does not
23affect the duration of the designation of the area or the maximum tax benefit amount
24that may be claimed in the agricultural development zone.
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1(3) (a) Except as provided under par. (c), the
corporation department may
2certify for tax benefits in an agricultural development zone a new or expanding
3agricultural business that is located in the agricultural development zone. In
4determining whether to certify a business under this subsection, the
corporation 5department shall consider, among other things, the number of jobs that will be
6created or retained by the business.
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(b) When the
corporation department certifies an agricultural business under
8this subsection, the
corporation department shall establish a limit on the amount of
9tax benefits that the business may claim. The
corporation department shall enter
10into an agreement with the business that specifies the limit on the amount of tax
11benefits that the business may claim and reporting requirements with which the
12business must comply.
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13(4) (a) (intro.) The
corporation
department shall notify the department of
14revenue of all the following:
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(b) The
corporation department shall annually verify information submitted
16to the
corporation department under s. 71.07 (2dm) or (2dx), 71.28 (1dm) or (1dx),
1771.47 (1dm) or (1dx), or 76.636.
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18(5) (intro.) The
corporation department shall adopt rules for the operation of
19this section, including rules related to all the following:
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(e) The exchange of information between the
corporation department and the
21department of revenue.
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22Section
409. 238.399 of the statutes, as affected by
2015 Wisconsin Act 55, is
23renumbered 555.399, and 555.399 (1) (am) 2. (intro.), (3) (a), (b) (intro.), (bm), (c) and
24(d), (5) (intro.), (b), (c) 1. a. and b. and 2. b. and c., (d) 1. and (e), (5m) and (6) (b) (intro.),
25(d), (e), (f) and (g) (intro.) and 1. (intro.), as renumbered, are amended to read:
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1555.399
(1) (am) 2. (intro.) The
corporation department may grant exceptions
2to the requirement under subd. 1. that a full-time employee means an individual
3who, as a condition of employment, is required to work at least 2,080 hours per year
4if all of the following apply:
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5(3) (a) The
corporation department may designate not more than 30 enterprise
6zones.
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(b) (intro.) In determining whether to designate an area under par. (a), the
8corporation department shall consider all of the following:
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(bm) The
corporation department shall specify whether an enterprise zone
10designated under par. (a) is located in a tier I county or municipality or a tier II county
11or municipality.
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(c) The
corporation department shall, to the extent possible, give preference to
13the greatest economic need.
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(d) Notwithstanding pars. (b) and (c), the
corporation department shall
15designate as enterprise zones at least 3 areas comprising political subdivisions
16whose populations total less than 5,000 and at least 2 areas comprising political
17subdivisions whose populations total 5,000 or more but less than 30,000. In
18designating an enterprise zone under this paragraph, the
corporation department 19may consider indicators of an area's economic need and the effect of designation on
20other economic development activities.
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21(5) Certification. (intro.) The
corporation department may certify for tax
22benefits any of the following:
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(b) A business that relocates to an enterprise zone from outside this state, if the
24business offers compensation and benefits to its employees working in the zone for
1the same type of work that are at least as favorable as those offered to its employees
2working outside the zone, as determined by the
corporation department.
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(c) 1. a. The business enters into an agreement with the
corporation 4department to claim tax benefits only for years during which the business maintains
5the increased level of personnel.
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b. The business offers compensation and benefits for the same type of work to
7its employees working in the enterprise zone that are at least as favorable as those
8offered to its employees working in this state but outside the zone, as determined by
9the
corporation department.
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2. b. The business enters into an agreement with the
corporation department 11to claim tax benefits only for years during which the business maintains the capital
12investment.
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c. The business offers compensation and benefits for the same type of work to
14its employees working in the zone that are at least as favorable as those offered to
15its employees working in this state but outside the zone, as determined by the
16corporation department.
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(d) 1. The business is a manufacturer with a significant supply chain in the
18state, as determined by the
corporation department.
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(e) A business located in an enterprise zone if the business purchases tangible
20personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
21services from Wisconsin vendors, as determined by the
corporation department.
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22(5m) Additional tax benefits for significant capital expenditures. If the
23corporation department determines that a business certified under sub. (5) makes
24a significant capital expenditure in the enterprise zone, the
corporation department 25may certify the business to receive additional tax benefits in an amount to be
1determined by the
corporation department, but not exceeding 10 percent of the
2business' capital expenditures. The
corporation
department shall, in a manner
3determined by the
corporation department, allocate the tax benefits a business is
4certified to receive under this subsection over the remainder of the time limit of the
5enterprise zone under sub. (4).
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6(6) (b) (intro.) The
corporation
department shall revoke a certification under
7sub. (5) if the business does any of the following:
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(d) The
corporation department may require a business to repay any tax
9benefits the business claims for a year in which the business failed to maintain
10employment levels or a significant capital investment in property required by an
11agreement under sub. (5) (c).
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(e) The
corporation department shall determine the maximum amount of the
13tax credits under ss. 71.07 (3w), 71.28 (3w), and 71.47 (3w) that a certified business
14may claim and shall notify the department of revenue of this amount.
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(f) The
corporation department shall annually verify the information
16submitted to the
corporation department under ss. 71.07 (3w), 71.28 (3w), or 71.47
17(3w).
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(g) (intro.) The
corporation department shall
adopt policies and procedures 19promulgate rules specifying all of the following:
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1. (intro.) The definitions of a tier I county or municipality and a tier II county
21or municipality. The
corporation department may consider all of the following
22information when establishing the definitions required under this subdivision:
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23Section
410. 238.3995 of the statutes is renumbered 555.3995, and 555.3995
24(1) (b) and (c), (2) (a) (intro.) and 4., (b) (intro.) and 8., (c) 1. and 2. and (d), (3) (a), (b),
1(c) and (d) 1. and 2., (4) (a) (intro.) and 10., (am), (ar), (b) 1., (c) (intro.) and (d) and
2(5), as renumbered, are amended to read:
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555.3995
(1) (b) "Full-time job" has the meaning given in s.
238.30 555.30 (2m).
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(c) "Target population" has the meaning given in s.
238.30 555.30 (6).
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5(2) (a) (intro.) Subject to pars. (c) and (e), the
corporation department may
6designate an area as an airport development zone if the
corporation department 7determines all of the following:
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4. That the airport development project is not likely to occur or continue
9without the
corporation department designation of the area as an airport
10development zone.