SB468: Bill Text

SB468,167,19 2. The corporation department 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.

SB468,167,22 (4) (a) (intro.) A person that intends to operate a place of business in an airport development zone may submit to the corporation department an application and a business plan. The business plan shall include all of the following:

SB468,167,24 10. Any other information required by the corporation department or the department of revenue.

SB468,168,7 (am) A person that intends to operate a business in the airport development zone designated under sub. (2) (d) may submit to the corporation department 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 department 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 department.

SB468,168,9 (ar) The corporation department may not accept or approve any applications or business plans submitted under par. (a) on or after March 6, 2009.

SB468,168,13 (b) 1. Except as provided in subd. 2., if the corporation department approves a business plan under par. (a) or (am), the corporation department shall certify the person as eligible for tax benefits. The corporation department shall notify the department of revenue within 30 days of certifying a person under this paragraph.

SB468,168,16 (c) (intro.) The corporation department 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:

SB468,168,18 (d) The corporation department shall notify the department of revenue within 30 days after revoking a certification under par. (c).

SB468,168,22 (5) Verification of information. The corporation department annually shall verify information submitted to the corporation department 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.

SB468,411 Section 411. 281.60 (6) of the statutes is amended to read:

SB468,169,7 281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,412 Section 412. 281.75 (4) (b) 3. of the statutes is amended to read:

SB468,169,10 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233, 234, or 237, or 238.

SB468,413 Section 413. 285.59 (1) (b) of the statutes is amended to read:

SB468,169,20 285.59 (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, and the Wisconsin Health and Educational Facilities Authority.

SB468,414 Section 414. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB468,169,25 292.11 (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. 238.13 555.13 (1) (a).

SB468,415 Section 415. 292.255 of the statutes is amended to read:

SB468,170,6 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation department of economic opportunity 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. 238.13 555.13 (1) (a).

SB468,416 Section 416. 292.63 (4) (cc) 2. b. of the statutes is amended to read:

SB468,170,11 292.63 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 238.13 555.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB468,417 Section 417. Chapter 555 (title) of the statutes is created to read:

SB468,170,13 chapter 555

SB468,170,14 department of economic opportunity

SB468,418 Section 418. 555.01 (1) of the statutes is created to read:

SB468,170,16 555.01 (1) "Department" means the department of economic opportunity.

SB468,419 Section 419. 555.01 (3) of the statutes is created to read:

SB468,170,18 555.01 (3) "Secretary" means the secretary of economic opportunity.

SB468,420 Section 420. 555.07 (2) (i) of the statutes is created to read:

SB468,170,25 555.07 (2) (i) The number of businesses or other persons against whom the department, or the Wisconsin Economic Development Corporation under ch. 238, 2013 stats., has initiated an action because the business or other person is not in compliance with contract requirements under an economic development program under this chapter, and the total dollar amount that has been recovered to date as a result of those actions.

SB468,421 Section 421. 555.095 of the statutes is created to read:

SB468,171,3 555.095 Contract terms. All terms of each contract the department executes shall be in compliance with state law at the time the contract is executed.

SB468,422 Section 422. 555.12 (1) (a) of the statutes is created to read:

SB468,171,5 555.12 (1) (a) "Full-time job" has the meaning given in s. 555.30 (2m).

SB468,423 Section 423. 555.12 (2) (b) of the statutes is created to read:

SB468,171,14 555.12 (2) (b) Requires the person to repay all or a portion of, as specified in the agreement, the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the total number of employees the person employs in full-time jobs in this state falls below the average number of employees the person employed in full-time jobs in this state during the 2 years immediately prior to the person receiving the grant or loan or certification to receive tax benefits. The department shall refer any claim for damages under this paragraph to the department of justice for collection.

SB468,424 Section 424. 555.12 (2) (c) of the statutes is created to read:

SB468,171,21 555.12 (2) (c) Requires the person to repay all or a portion of, as specified in the agreement, the grant, loan, or tax benefits if, within 5 years after the contract terms related to the grant, loan, or tax benefits have been completed, the person eliminates any full-time job in this state that was created as a result of the grant, loan, or tax benefits. The department shall refer any claim for damages under this paragraph to the department of justice for collection.

SB468,425 Section 425. 555.121 of the statutes is created to read:

SB468,172,2 555.121 Verification of information. If the department is required under this chapter to verify information submitted to it by a person who has been awarded a grant, loan, or tax credit, the department shall independently review the person's relevant records, including, if applicable, payroll records and audited statements of capital expenditures.

SB468,426 Section 426. 555.122 of the statutes is created to read:

SB468,172,8 555.122 Background checks. (1) Before the department executes a contract awarding a grant or loan or tax benefits to a person under this chapter, the department shall conduct a background check of the person that includes information concerning the person's business performance and a review of any legal proceedings in which the person is or was a party.

SB468,172,12 (2) If within 90 days after completing the background check under sub. (1) the department has not executed the contract awarding a grant or loan or tax benefits to the person, the department shall conduct another background check of the person under sub. (1) before executing that contract.

SB468,427 Section 427. Subchapter III of chapter 555 [precedes 555.40] of the statutes is created to read:

SB468,172,15 Chapter 555

SB468,172,17 Subchapter III badger innovation corporation

SB468,172,18 555.40 Definitions. In this subchapter:

SB468,172,20 (1) "Badger Innovation Corporation" or, unless the context requires otherwise, "corporation," means the corporation specified in 16.35 (3).

SB468,172,21 (2) "Board" means the board of directors of the Badger Innovation Corporation.

SB468,172,23 555.41 Department duties. The department shall cooperate with the Badger Innovation Corporation to carry out the corporation's duties under s. 555.43.

SB468,172,25 555.42 Board of directors. (1) The members of the board shall consist of the following:

SB468,173,1 (a) The secretary, who shall act as chairperson.

SB468,173,3 (b) One representative to the assembly appointed by the speaker of the assembly.

SB468,173,5 (c) One representative to the assembly appointed by the minority leader of the assembly.

SB468,173,6 (d) One senator appointed by the majority leader of the senate.

SB468,173,7 (e) One senator appointed by the minority leader of the senate.

SB468,173,11 (f) Nine members nominated by the governor and, with the advice and consent of the senate, appointed for staggered 3-year terms. The members appointed under this subsection shall represent regional and local economic development agencies, private business, and other related stakeholder groups.

SB468,173,13 (g) The secretaries of administration, revenue, and workforce development, who shall serve as nonvoting members.

SB468,173,18 (2) The board shall select a chief executive officer subject to the approval of the governor. The chief executive officer shall serve at the pleasure of the board and shall receive such compensation as may be determined by the board. The chief executive officer shall select a chief operating officer and chief financial officer who shall serve at the pleasure of the chief executive officer.

SB468,173,21 555.43 Corporation duties. The Badger Innovation Corporation shall, as a condition of receiving the payments under s. 555.44 (2), contract with the department to do all of the following:

SB468,173,25 (1) Develop and implement economic programs to provide business support and expertise and financial assistance to companies that are investing and creating jobs in Wisconsin and to support new business start-ups and business expansion and growth in Wisconsin.

SB468,174,2 (2) Conduct foreign trade missions, business siting promotion, international business development, and marketing.

SB468,174,3 (3) Create industry cluster development strategies.

SB468,174,5 555.44 State aid. (1) The Badger Innovation Corporation may receive the payments under sub. (2) if each of the following is satisfied:

SB468,174,11 (a) The articles of incorporation state that the purpose of the corporation is to carry out the economic development activities specified under s. 555.43 and that, if the corporation dissolves or discontinues economic development activities in this state, the corporation shall in good faith take all reasonable measures to transfer or assign the corporation's assets to an entity whose purpose is to advance economic development in this state.

SB468,174,14 (b) The corporation initially adopts the bylaws drafted under s. 16.35 (3) (b) and maintains the method of selection and composition of the board of directors required under s. 555.42.

SB468,174,15 (c) The requirements under sections 555.42 and 555.43 are met.

SB468,174,19 (d) The corporation permits public inspection and copying of any record of the corporation, as defined in s. 19.32 (2), to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

SB468,174,22 (e) The corporation provides public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

SB468,174,25 (f) The corporation fully cooperates with the legislative audit bureau for purposes of the audits under s. 13.94 (1) (ds), including by providing the employees of the legislative audit bureau with access to all of the corporation's records.

SB468,175,3 (2) The secretary of administration shall pay aid under s. 20.505 (1) (zr) to the corporation in installments, as determined by the secretary and authorized under this subchapter.

SB468,428 Section 428. Effective dates. This act takes effect on the effective date of the transition plan stated in the notice provided to the legislative reference bureau under section 16.35 (2) (b) 6. of the statutes, as created by this act, except as follows:

SB468,175,8 (1) Creation of economic development transition council. The creation of sections 15.107 (20) and 16.35 of the statutes takes effect on the day after publication.

SB468,175,12 (2) Act ineffective. If the notice specified in section 16.35 (2) (b) 3. of the statutes is not provided to the legislative reference bureau before July 1, 2020, the repeal of sections 15.107 (20) and 16.35 of the statutes takes effect on July 1, 2020, and this act, except for this subsection, shall be ineffective in its entirety.

SB468,175,13 (End)