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(b) When the
corporation department designates an area as an airport
16development zone, the
corporation department shall establish a limit, not to exceed
17$3,000,000, for tax benefits applicable to the airport development zone, except that
18the
corporation department shall limit the amount of tax benefits applicable to the
19airport development zone designated under sub. (2) (d) to $750,000. The total tax
20benefits applicable to all airport development zones may not exceed $9,000,000, less
21any amount allocated to technology zones under s.
238.23 555.23 (2) (b) and to
22agricultural development zones under s.
238.398 555.398 (2) (b), and except that the
23total amount allocated to all technology zones under s.
238.23 555.23 (2) (b) and to
24all agricultural development zones under s.
238.398
555.398 (2) (b), may not exceed
25$6,000,000. The
corporation department may not reallocate amounts as provided
1under this paragraph on or after January 1, 2010, except that the
corporation 2department may, after 48 months from the month of any designation under this
3section, evaluate the area designated as an airport development zone and reallocate
4the amount of available tax benefits.
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(c) Annually, the
corporation department shall estimate the amount of forgone
6state revenue because of tax benefits claimed by persons in each airport development
7zone.
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(d) 1. Notwithstanding the length of time specified by the
corporation 9department under par. (a), the designation of an area as an airport development zone
10shall expire 90 days after the day on which the
corporation department determines
11that the forgone tax revenues estimated under par. (c) will equal or exceed the limit
12established for the airport development zone.
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2. The
corporation department shall immediately notify each person certified
14for tax benefits in an airport development zone, the department of revenue, the
15department of transportation, the Wisconsin Housing and Economic Development
16Authority, and the governing body of each county, city, village, town, and federally
17recognized American Indian tribe or band in which territory of the airport
18development zone is located of a change in the expiration date of the airport
19development zone under this paragraph.
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20(4) (a) (intro.) A person that intends to operate a place of business in an airport
21development zone may submit to the
corporation department an application and a
22business plan. The business plan shall include all of the following:
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10. Any other information required by the
corporation
department or the
24department of revenue.
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1(am) A person that intends to operate a business in the airport development
2zone designated under sub. (2) (d) may submit to the
corporation department an
3application and a business plan that includes all of the information required under
4par. (a). In approving business plans submitted under this paragraph, the
5corporation department shall give higher priority to airport development projects
6located or proposed to be located in areas that have a low median household income,
7as determined by the
corporation department.
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(ar) The
corporation department may not accept or approve any applications
9or business plans submitted under par. (a) on or after March 6, 2009.
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(b) 1. Except as provided in subd. 2., if the
corporation department approves
11a business plan under par. (a) or (am), the
corporation department shall certify the
12person as eligible for tax benefits. The
corporation
department shall notify the
13department of revenue within 30 days of certifying a person under this paragraph.
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(c) (intro.) The
corporation department shall revoke a person's certification
15under par. (b) when the designation of the applicable airport development zone
16expires or if the person does any of the following:
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(d) The
corporation department shall notify the department of revenue within
1830 days after revoking a certification under par. (c).
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19(5) Verification of information. The
corporation department annually shall
20verify information submitted to the
corporation department under ss. 71.07 (2dm)
21and (2dx), 71.28 (1dm) and (1dx), and 71.47 (1dm) and (1dx) as it relates to airport
22development zones.
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23Section
411. 281.60 (6) of the statutes is amended to read:
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281.60
(6) Priority list. The department shall establish a priority list that
25ranks each land recycling loan program project. The department shall promulgate
1rules for determining project rankings based on the potential of projects to reduce
2environmental pollution and threats to human health and, for sites and facilities
3that are not landfills, the extent to which projects will prevent the development of
4undeveloped land by making land available for redevelopment after a cleanup is
5conducted. Before the department establishes the priority list, the department shall
6consider the recommendations of the department of administration and the
7Wisconsin Economic Development Corporation department of economic opportunity.
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8Section
412. 281.75 (4) (b) 3. of the statutes is amended to read:
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281.75
(4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233,
10234,
or 237
, or 238.
SB468,413
11Section
413. 285.59 (1) (b) of the statutes is amended to read:
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285.59
(1) (b) "State agency" means any office, department, agency, institution
13of higher education, association, society, or other body in state government created
14or authorized to be created by the constitution or any law which is entitled to expend
15moneys appropriated by law, including the legislature and the courts, the Wisconsin
16Housing and Economic Development Authority, the Bradley Center Sports and
17Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
18Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
19Authority,
the Wisconsin Economic Development Corporation, and the Wisconsin
20Health and Educational Facilities Authority.
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21Section
414. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
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292.11
(7) (d) 1m. b. An area designated by the local governmental unit if the
23area consists of 2 or more properties affected by a contiguous region of groundwater
24contamination or contains 2 or more properties that are brownfields, as defined in
25s.
238.13 555.13 (1) (a).
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1Section
415. 292.255 of the statutes is amended to read:
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2292.255 Report on brownfield efforts. The department of natural
3resources, the department of administration, and the
Wisconsin Economic
4Development Corporation department of economic opportunity shall submit a report
5evaluating the effectiveness of this state's efforts to remedy the contamination of,
6and to redevelop, brownfields, as defined in s.
238.13
555.13 (1) (a).
SB468,416
7Section
416. 292.63 (4) (cc) 2. b. of the statutes is amended to read:
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292.63
(4) (cc) 2. b. An applicant that is engaged in the expansion or
9redevelopment of brownfields, as defined in s.
238.13
555.13 (1) (a), if federal or state
10financial assistance other than under this section, has been provided for that
11expansion or redevelopment.
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12Section
417. Chapter 555 (title) of the statutes is created to read:
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chapter 555
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department of economic opportunity
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15Section
418. 555.01 (1) of the statutes is created to read:
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555.01
(1) "Department" means the department of economic opportunity.
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17Section
419. 555.01 (3) of the statutes is created to read:
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555.01
(3) "Secretary" means the secretary of economic opportunity.
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19Section
420. 555.07 (2) (i) of the statutes is created to read:
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555.07
(2) (i) The number of businesses or other persons against whom the
21department, or the Wisconsin Economic Development Corporation under ch. 238,
222013 stats., has initiated an action because the business or other person is not in
23compliance with contract requirements under an economic development program
24under this chapter, and the total dollar amount that has been recovered to date as
25a result of those actions.
SB468,421
1Section
421. 555.095 of the statutes is created to read:
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2555.095 Contract terms. All terms of each contract the department executes
3shall be in compliance with state law at the time the contract is executed.
SB468,422
4Section
422. 555.12 (1) (a) of the statutes is created to read:
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555.12
(1) (a) "Full-time job" has the meaning given in s. 555.30 (2m).
SB468,423
6Section
423. 555.12 (2) (b) of the statutes is created to read:
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555.12
(2) (b) Requires the person to repay all or a portion of, as specified in
8the agreement, the grant, loan, or tax benefits if, within 5 years after receiving the
9grant or loan or being certified to receive tax benefits, the total number of employees
10the person employs in full-time jobs in this state falls below the average number of
11employees the person employed in full-time jobs in this state during the 2 years
12immediately prior to the person receiving the grant or loan or certification to receive
13tax benefits. The department shall refer any claim for damages under this
14paragraph to the department of justice for collection.
SB468,424
15Section
424. 555.12 (2) (c) of the statutes is created to read:
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555.12
(2) (c) Requires the person to repay all or a portion of, as specified in the
17agreement, the grant, loan, or tax benefits if, within 5 years after the contract terms
18related to the grant, loan, or tax benefits have been completed, the person eliminates
19any full-time job in this state that was created as a result of the grant, loan, or tax
20benefits. The department shall refer any claim for damages under this paragraph
21to the department of justice for collection.
SB468,425
22Section
425. 555.121 of the statutes is created to read:
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23555.121 Verification of information. If the department is required under
24this chapter to verify information submitted to it by a person who has been awarded
25a grant, loan, or tax credit, the department shall independently review the person's
1relevant records, including, if applicable, payroll records and audited statements of
2capital expenditures.
SB468,426
3Section
426. 555.122 of the statutes is created to read:
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4555.122 Background checks. (1) Before the department executes a contract
5awarding a grant or loan or tax benefits to a person under this chapter, the
6department shall conduct a background check of the person that includes
7information concerning the person's business performance and a review of any legal
8proceedings in which the person is or was a party.
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9(2) If within 90 days after completing the background check under sub. (1) the
10department has not executed the contract awarding a grant or loan or tax benefits
11to the person, the department shall conduct another background check of the person
12under sub. (1) before executing that contract.
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13Section
427. Subchapter III of chapter 555 [precedes 555.40] of the statutes
14is created to read:
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Chapter 555
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Subchapter III
17
badger innovation corporation
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18555.40 Definitions. In this subchapter:
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19(1) "Badger Innovation Corporation" or, unless the context requires otherwise,
20"corporation," means the corporation specified in 16.35 (3).
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21(2) "Board" means the board of directors of the Badger Innovation Corporation.
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22555.41 Department duties. The department shall cooperate with the Badger
23Innovation Corporation to carry out the corporation's duties under s. 555.43.
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24555.42 Board of directors. (1) The members of the board shall consist of the
25following:
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1(a) The secretary, who shall act as chairperson.
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(b) One representative to the assembly appointed by the speaker of the
3assembly.
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(c) One representative to the assembly appointed by the minority leader of the
5assembly.
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(d) One senator appointed by the majority leader of the senate.
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(e) One senator appointed by the minority leader of the senate.
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(f) Nine members nominated by the governor and, with the advice and consent
9of the senate, appointed for staggered 3-year terms. The members appointed under
10this subsection shall represent regional and local economic development agencies,
11private business, and other related stakeholder groups.
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(g) The secretaries of administration, revenue, and workforce development,
13who shall serve as nonvoting members.
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14(2) The board shall select a chief executive officer subject to the approval of the
15governor. The chief executive officer shall serve at the pleasure of the board and shall
16receive such compensation as may be determined by the board. The chief executive
17officer shall select a chief operating officer and chief financial officer who shall serve
18at the pleasure of the chief executive officer.
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19555.43 Corporation duties. The Badger Innovation Corporation shall, as a
20condition of receiving the payments under s. 555.44 (2), contract with the
21department to do all of the following:
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22(1) Develop and implement economic programs to provide business support
23and expertise and financial assistance to companies that are investing and creating
24jobs in Wisconsin and to support new business start-ups and business expansion and
25growth in Wisconsin.
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1(2) Conduct foreign trade missions, business siting promotion, international
2business development, and marketing.
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3(3) Create industry cluster development strategies.
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4555.44 State aid. (1) The Badger Innovation Corporation may receive the
5payments under sub. (2) if each of the following is satisfied:
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(a) The articles of incorporation state that the purpose of the corporation is to
7carry out the economic development activities specified under s. 555.43 and that, if
8the corporation dissolves or discontinues economic development activities in this
9state, the corporation shall in good faith take all reasonable measures to transfer or
10assign the corporation's assets to an entity whose purpose is to advance economic
11development in this state.
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(b) The corporation initially adopts the bylaws drafted under s. 16.35 (3) (b) and
13maintains the method of selection and composition of the board of directors required
14under s. 555.42.
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(c) The requirements under sections 555.42 and 555.43 are met.
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(d) The corporation permits public inspection and copying of any record of the
17corporation, as defined in s. 19.32 (2), to the same extent as is required of, and subject
18to the same terms and enforcement provisions that apply to, an authority under
19subch. II of ch. 19.
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(e) The corporation provides public access to its meetings to the same extent
21as is required of, and subject to the same terms and enforcement provisions that
22apply to, a governmental body under subch. V of ch. 19.
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(f) The corporation fully cooperates with the legislative audit bureau for
24purposes of the audits under s. 13.94 (1) (ds), including by providing the employees
25of the legislative audit bureau with access to all of the corporation's records.
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1(2) The secretary of administration shall pay aid under s. 20.505 (1) (zr) to the
2corporation in installments, as determined by the secretary and authorized under
3this subchapter.
SB468,428
4Section
428.
Effective dates. This act takes effect on the effective date of the
5transition plan stated in the notice provided to the legislative reference bureau
6under section 16.35 (2) (b) 6. of the statutes, as created by this act, except as follows:
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(1)
Creation of economic development transition council. The creation of
8sections 15.107 (20) and 16.35 of the statutes takes effect on the day after publication.
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(2)
Act ineffective. If the notice specified in section 16.35 (2) (b) 3. of the
10statutes is not provided to the legislative reference bureau before July 1, 2020, the
11repeal of sections 15.107 (20) and 16.35 of the statutes takes effect on July 1, 2020,
12and this act, except for this subsection, shall be ineffective in its entirety.