Amendment AA3-AB794

LRBa1467/2

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2007 - 2008 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 2007 ASSEMBLY BILL 794

February 28, 2008 - Offered by Representative Molepske.

AB794-AA3,1,1 At the locations indicated, amend the bill as follows:

AB794-AA3,1,4 1. Page 2, line 5: after "programs," insert "creating reporting and repayment requirements for grants, loans, and tax benefits provided to businesses by the Department of Revenue and the Department of Commerce,".

AB794-AA3,1,5 2. Page 12, line 2: after that line insert:

AB794-AA3,1,6 " Section 25m. 73.03 (64) of the statutes is created to read:

AB794-AA3,1,11 73.03 (64) Not later than July 1, 2010, and not later than each subsequent July 1, to submit to the legislature the names of all taxpayers who received tax benefits, as defined in s. 560.075 (1) (e), in the preceding fiscal year and the amount of tax revenue that the state did not collect in the preceding fiscal year as a result of such benefits.".

AB794-AA3,1,12 3. Page 17, line 20: after that line insert:

AB794-AA3,1,13 " Section 39d. 560.075 (title) of the statutes is amended to read:

AB794-AA3,2,2 560.075 (title) Repayment of grants Grants, loans, and tax benefits; reporting requirements, development agreements, and repayments.

AB794-AA3, s. 39f Section 39f. 560.075 (1) of the statutes is renumbered 560.075 (1m) (e) and amended to read:

AB794-AA3,2,9 560.075 (1m) (e) In this section, "tax "Tax benefits" means the credits under ss. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), and (3t), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), and (3t), 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), and (3t), and 76.636, and 76.637.

AB794-AA3, s. 39h Section 39h. 560.075 (1m) (intro.) of the statutes is created to read:

AB794-AA3,2,11 560.075 (1m) (intro.) In this section:

AB794-AA3, s. 39j Section 39j. 560.075 (1m) (a) of the statutes is created to read:

AB794-AA3,2,14 560.075 (1m) (a) "Development assistance" means a grant or loan under this chapter or tax benefits.

AB794-AA3, s. 39L Section 39L. 560.075 (1m) (b) of the statutes is created to read:

AB794-AA3,2,16 560.075 (1m) (b) "Full-time" means at least 35 hours per week.

AB794-AA3, s. 39m Section 39m. 560.075 (1m) (c) of the statutes is created to read:

AB794-AA3,2,18 560.075 (1m) (c) "New employee" does not include any of the following:

AB794-AA3,2,21 1. An employee who performs a job that was previously performed by another employee in this state, if that job existed in this state for at least 6 months before hiring the employee.

AB794-AA3,2,24 2. A child, grandchild, parent, or spouse of an individual who has a direct or indirect ownership interest of at least 5 percent in the profits, capital, or value of a business.

AB794-AA3, s. 39n Section 39n. 560.075 (1m) (d) of the statutes is created to read:

AB794-AA3,3,1 560.075 (1m) (d) "Part-time" means less than 35 hours per week.

AB794-AA3, s. 39p Section 39p. 560.075 (2) of the statutes is renumbered 560.075 (2) (intro.) and amended to read:

AB794-AA3,3,8 560.075 (2) (intro.) The department may not award a grant or loan under this chapter development assistance to a person or certify a person to receive tax benefits unless the department enters into an a development agreement with the person that requires the person to repay the grant, loan, or tax benefits if, within development assistance if any of the following apply:

AB794-AA3,3,13 (a) Within 5 years after receiving the grant or loan or being certified to receive tax benefits development assistance, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits development assistance and commences substantially the same economic activity outside this state.

AB794-AA3, s. 39r Section 39r. 560.075 (2) (b) of the statutes is created to read:

AB794-AA3,3,16 560.075 (2) (b) The person fails to make a capital investment specified in the development agreement.

AB794-AA3, s. 39s Section 39s. 560.075 (2) (c) of the statutes is created to read:

AB794-AA3,3,19 560.075 (2) (c) The person fails to create or retain jobs as specified in the development agreement.

AB794-AA3, s. 39t Section 39t. 560.075 (3) of the statutes is created to read:

AB794-AA3,3,23 560.075 (3) (a) Except as provided in par. (b), the department shall ensure that a recipient of development assistance that violates the provisions of a development agreement repays the full amount of the development assistance received.

AB794-AA3,4,3 (b) 1. The department may agree to accept a pro rata share of the amount of the development assistance received if the department determines that such a settlement is equitable.

AB794-AA3,4,5 2. The department may, by rule, establish a procedure under which it may waive the repayment requirement established under par. (a).

AB794-AA3, s. 39v Section 39v. 560.075 (4) of the statutes is created to read:

AB794-AA3,4,9 560.075 (4) (a) A recipient of development assistance shall annually not later than December 31 of each calendar year submit to the department a progress report that contains all of the following information:

AB794-AA3,4,11 1. The program under which the recipient received the development assistance and the value of the development assistance provided to the recipient.

AB794-AA3,4,17 2. The total number of employees employed by the recipient at the site for which the recipient received development assistance, at the time the recipient applied for development assistance and at the time the recipient prepared the progress report, including the number of permanent full-time employees, the number of part-time employees, the number of temporary employees, and the net loss or gain in each category of employee.

AB794-AA3,4,20 3. The number of any new or retained employees that the recipient represented in its application for development assistance would result from development assistance, broken down by full-time, part-time, and temporary employees.

AB794-AA3,4,22 4. A statement indicating whether the recipient is in compliance with the terms of any development assistance agreement into which the recipient entered.

AB794-AA3,5,2 5. A detailed list of the job classifications or occupations of employees that the recipient intends to hire or retain in the future as a result of the development assistance the recipient received and the wage the recipient pays or intends to pay the employees.

AB794-AA3,5,4 6. A statement describing any decreases in employment in this state resulting from the recipient's use of development assistance.

AB794-AA3,5,8 7. A certification by the recipient's chief operating officer or by an authorized representative of the recipient's chief operating officer that the progress report contains no knowing misrepresentation of fact material to the recipient's receipt of development assistance.

AB794-AA3,5,10 (b) The department may make reasonable inspections to verify information submitted in a progress report under par. (a).

AB794-AA3,5,14 (c) If a recipient of development assistance fails to submit a timely progress report under par. (a), the department shall, as soon as is practicable, suspend further development assistance to the recipient that is in the department's control until the recipient submits a progress report.

AB794-AA3, s. 39w Section 39w. 560.075 (5) of the statutes is created to read:

AB794-AA3,5,19 560.075 (5) (a) Not later than June 1, 2010, and not later than each subsequent June 1, the department shall submit to the legislature and make available on the department's Internet Web site the information received in progress reports in the preceding calendar year.