Amendment SSA1-SB409

CTS/JK/MDK/TKK:all:rs

2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 SENATE BILL 409

December 17, 2009 - Offered by Committee on Economic Development.

SB409-SSA1,2,8 An Act to repeal 20.285 (1) (eg) and 36.25 (54); to renumber and amend 560.205 (3) (d); to amend 20.143 (1) (c), 20.143 (1) (d), 20.143 (1) (fi), 20.143 (1) (ie), 20.143 (1) (ig), 20.143 (1) (im), 20.143 (1) (io), 20.143 (1) (ir), 20.143 (1) (kj), 38.41 (3) (d), 71.05 (6) (a) 15., 71.21 (4), 71.26 (2) (a) 4., 71.34 (1k) (g), 71.45 (2) (a) 10., 77.92 (4), 560.2055 (4) (c), 560.27 (3) (c) and 560.703 (1) (a); and to create 20.285 (1) (cd), 20.285 (1) (eb), 20.285 (1) (eg), 20.437 (2) (fr), 36.25 (52), 36.25 (53), 36.25 (54), 49.265 (3) (b) 11., 49.265 (4) (cm), 71.07 (5d) (c) 4., 71.07 (5r), 71.10 (4) (cd), 71.28 (5r), 71.30 (3) (cd), 71.47 (5r), 71.49 (1) (cd), 560.203, 560.205 (3) (d) 1., 560.205 (3) (d) 2., 560.27 (1) (c) and 560.276 of the statutes; relating to: a postsecondary education tax credit for businesses; grants to certain community action agencies for skills enhancement programs; increasing annual limits on angel investment tax credits; awarding grants to the WiSys Technology Foundation, Inc.; business plan competitions and an emerging technology center in the University of Wisconsin System; rural outsourcing grants; requiring the Department of Commerce to award grants to a high-technology business development corporation and grants for converting manufacturing facilities; increasing funding for certain economic development programs; a pilot program providing microloans for the creation of new businesses; increasing funding for certain technical college training program grants; providing an exemption from emergency rule procedures; granting rule-making authority; and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB409-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB409-SSA1, s. 2 Section 2. 20.143 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,3,10 20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements, and assistance. Biennially, the amounts in the schedule for grants under s. 560.145; for grants and loans under s. ss. 560.275 (2) and 560.276 and under subch. V of ch. 560; for reimbursements under s. 560.167; for the costs specified in s. 560.607; for loans under s. 560.203 and the loan under 1999 Wisconsin Act 9, section 9110 (4); and for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), 1997 Wisconsin Act 27, section 9110 (6g), 2003 Wisconsin Act 33, section 9109 (1d) and (2q), 2007 Wisconsin Act 20, section 9108 (4u), (6c), (7c), (7f), (8c), (8i), (9i), and (10q), 2009 Wisconsin Act 2, section 9110 (2) and (3), and 2009 Wisconsin Act 28, section 9110 (17q).

SB409-SSA1, s. 3 Section 3. 20.143 (1) (d) of the statutes is amended to read:

SB409-SSA1,3,14 20.143 (1) (d) High-technology business development corporation. The amounts in the schedule for the grants specified in s. 560.27 (1) (b) and (c) and (3), and for the grant under 2009 Wisconsin Act .... (this act), section 45 (2 ).

SB409-SSA1, s. 4 Section 4. 20.143 (1) (fi) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,3,19 20.143 (1) (fi) Forward innovation fund; grants and loans. Biennially, the amounts in the schedule for grants and loans under s. 560.276 and under subch. II of ch. 560.

SB409-SSA1, s. 5 Section 5. 20.143 (1) (ie) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,4,10 20.143 (1) (ie) Wisconsin development fund, repayments. All moneys received in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats., s. 560.10, 2005 stats., s. 560.147, 2005 stats., s. 560.16, 1995 stats., s. 560.165, 1993 stats., s. 560.275 (2), s. 560.62, 2005 stats., s. 560.63, 2005 stats., s. 560.66, 2005 stats., ss. 560.145, 560.157, and 560.45, subch. V of ch. 560, 1989 Wisconsin Act 336, section 3015 (1m), 1989 Wisconsin Act 336, section 3015 (2m), 1989 Wisconsin Act 336, section 3015 (3gx), 1997 Wisconsin Act 27, section 9110 (7f), 1997 Wisconsin Act 310, section 2 (2d), 1999 Wisconsin Act 9, section 9110 (4), and 2007 Wisconsin Act 20, section 9108 (5x), not appropriated under par. (gv) to be used for grants and loans under s. ss. 560.275 (2), s. 560.276, and 560.45 , and subch. V of ch. 560, for the loan under 1999 Wisconsin Act 9, section 9110 (4), for the grant under 2001 Wisconsin Act 16, section 9110 (7g), for the grants under 2003 Wisconsin Act 33, section 9109 (1d) and (2q), for grants under 2009 Wisconsin Act .... (this act), section 45 (1 ), for the study under 2009 Wisconsin Act 28, section 9110 (15u), and for reimbursements under s. 560.167.

SB409-SSA1, s. 6 Section 6. 20.143 (1) (ig) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,4,18 20.143 (1) (ig) Gaming economic development and diversification; repayments. Biennially, the amounts in the schedule for grants and loans under s. 560.138, for grants under s. 2009 Wisconsin Act .... (this act), section 45 (1), and under ss. 560.276 and 560.45, and for the study under 2009 Wisconsin Act 28, section 9110 (15u). All moneys received in repayment of loans under ss. 560.137 (2), 2005 stats., and 560.138 shall be credited to this appropriation account.

SB409-SSA1, s. 7 Section 7. 20.143 (1) (im) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,5,2 20.143 (1) (im) Minority business projects; repayments. All moneys received on or before June 30, 2009, in repayment of grants or loans under s. 560.82 (1m) (b), 2007 stats., and s. 560.82 (1m) (c), 2007 stats., and loans under 1997 Wisconsin Act 9, section 3, to be used for grants and loans under s. 560.45 and subch. II of ch. 560, for grants under 2009 Wisconsin Act .... (this act), section 45 (1 ), and for the study under 2009 Wisconsin Act 28, section 9110 (15u).

SB409-SSA1, s. 8 Section 8. 20.143 (1) (io) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,5,9 20.143 (1) (io) Grant and loan repayments; forward innovation fund. All moneys received in repayment of grants or loans under subch. II of ch. 560, grants or loans under s. 560.82 (1m) (b) and (c), 2007 stats., and loans under 1997 Wisconsin Act 9, section 3, to be used for grants and loans under s. 560.276 and under subch. II of ch. 560.

SB409-SSA1, s. 9 Section 9. 20.143 (1) (ir) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,5,15 20.143 (1) (ir) Rural economic development loan repayments. All moneys received in repayment of loans under s. 560.17, to be used for grants and loans under ss. 560.17 and 560.45, for grants under 2009 Wisconsin Act .... (this act), section 45 (1), and for the study under 2009 Wisconsin Act 28, section 9110 (15u).

SB409-SSA1, s. 10 Section 10. 20.143 (1) (kj) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,6,2 20.143 (1) (kj) Gaming economic development and diversification; grants and loans. Biennially, the amounts in the schedule for grants and loans under s. ss. 560.138 and 560.276, for the grants under s. 560.139 (1) (a), and for the grants under 2001 Wisconsin Act 16, section 9110 (2k), (11pk), and (11zx), and 2009 Wisconsin Act 28, section 9110 (16i). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall revert to the appropriation account under s. 20.505 (8) (hm).

SB409-SSA1, s. 11 Section 11. 20.285 (1) (cd) of the statutes is created to read:

SB409-SSA1,6,6 20.285 (1) (cd) WiSys Technology Foundation grants. A sum sufficient not to exceed $2,000,000 for grants to the WiSys Technology Foundation, Inc., under s. 36.25 (52) (b).

SB409-SSA1, s. 12 Section 12. 20.285 (1) (eb) of the statutes is created to read:

SB409-SSA1,6,9 20.285 (1) (eb) Business plan competition. The amounts in the schedule to support a business plan competition program under s. 36.25 (53).

SB409-SSA1, s. 13 Section 13. 20.285 (1) (eg) of the statutes is created to read:

SB409-SSA1,6,13 20.285 (1) (eg) Emerging technology center. Biennially, the amounts in the schedule to develop a business plan for an emerging technology center under s. 36.25 (54).

SB409-SSA1, s. 14 Section 14. 20.285 (1) (eg) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

SB409-SSA1, s. 15 Section 15. 20.437 (2) (fr) of the statutes is created to read:

SB409-SSA1,6,18 20.437 (2) (fr) Skills enhancement grants. The amounts in the schedule to provide skills enhancement grants under s. 49.265 (4) (cm).

SB409-SSA1, s. 16 Section 16. 36.25 (52) of the statutes is created to read:

SB409-SSA1,6,21 36.25 (52) WiSys Technology Foundation grants. (a) In this subsection, "foundation" means the WiSys Technology Foundation, Inc.

SB409-SSA1,7,9 (b) From the appropriation under s. 20.285 (1) (cd), the board shall award grants to the foundation for the Wisconsin Small Company Advancement program to provide intellectual property management services to the extension and all institutions and college campuses other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee and for the administrative costs of the program. The amount of each grant shall be $250,000. The foundation may use no more than $75,000 of the amount appropriated under s. 20.285 (1) (cd) for the administrative costs of the program. The board may not award a grant unless the foundation shows to the satisfaction of the board that the foundation has secured, after January 1, 2010, matching funds for the program from sources other than the state that are equal to the amount of the grant, except that the amounts used for administrative costs of the program are exempt from the matching requirement. In-kind contributions may be applied to meet the matching requirement.

SB409-SSA1,7,13 (c) The board shall submit progress reports on the use of grants under par. (b) to the joint committee on finance and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), at least annually until the program funded by the grants under par. (b) is terminated.

SB409-SSA1, s. 17 Section 17. 36.25 (53) of the statutes is created to read:

SB409-SSA1,7,22 36.25 (53) Business plan competition. The board shall use the moneys appropriated under s. 20.285 (1) (eb) to support a business plan competition program existing on the effective date of this subsection .... [LRB inserts date], at institutions and college campuses other than the University of Wisconsin-Madison that makes entrepreneurial expertise available to students and that has ties to campus-based business plan contests and national organizations that foster student entrepreneurism. The board may use the moneys only if the board receives matching funds for the same purpose from private contributions.

SB409-SSA1, s. 18 Section 18. 36.25 (54) of the statutes is created to read:

SB409-SSA1,8,3 36.25 (54) Emerging technology center. The board shall use the moneys appropriated under s. 20.285 (1) (eg) to develop an emerging technology center at the University of Wisconsin-La Crosse. The board may use the moneys only if the board receives matching funds for the same purpose from sources other than the state. In-kind contributions may be applied to meet the matching requirement.

SB409-SSA1, s. 19 Section 19. 36.25 (54) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

SB409-SSA1, s. 20 Section 20. 38.41 (3) (d) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

SB409-SSA1,8,11 38.41 (3) (d) Beginning in the 2008-09 school year, the board shall award at least $1,000,000 annually under sub. (1) for training in advanced manufacturing skills, with priority given to welding and beginning in the 2010-11 school year, the board shall award at least $2,000,000 annually under sub. (1) for such training.

SB409-SSA1, s. 21 Section 21. 49.265 (3) (b) 11. of the statutes is created to read:

SB409-SSA1,8,17 49.265 (3) (b) 11. Provide, to individuals who work at least 20 hours per week and whose earned income is at or below 150 percent of the poverty line, a program of skills enhancement that shall include access to transportation, child care, career counseling, job placement assistance, and financial support for education and training.

SB409-SSA1, s. 22 Section 22. 49.265 (4) (cm) of the statutes is created to read:

SB409-SSA1,8,21 49.265 (4) (cm) From the appropriation under s. 20.437 (2) (fr), the department of children and families shall distribute grants to community action agencies to provide the skills enhancement services specified under sub. (3) (b) 11.

SB409-SSA1, s. 23 Section 23. 71.05 (6) (a) 15. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,9,4 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k), (5r), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB409-SSA1, s. 24 Section 24. 71.07 (5d) (c) 4. of the statutes is created to read:

SB409-SSA1,9,10 71.07 (5d) (c) 4. A claimant may claim the credit under this subsection for an investment that was made in a business that was located outside of this state if the investment was made no more than 60 days before the business relocated to this state and the business was certified as a qualified new business venture no later than 180 days after relocating to this state.

SB409-SSA1, s. 25 Section 25. 71.07 (5r) of the statutes is created to read:

SB409-SSA1,9,13 71.07 (5r) Postsecondary education credit. (a) Definitions. In this subsection:

SB409-SSA1,9,16 1. "Claimant" means a sole proprietor, a partner, a member of a limited liability company, or a shareholder of a tax-option corporation who files a claim under this subsection.

SB409-SSA1,9,17 2. "Course of instruction" has the meaning given in s. 38.50 (1) (c).

SB409-SSA1,9,18 3. "Family member" has the meaning given in s. 157.061 (7).

SB409-SSA1,9,21 4. "Managing employee" means an individual who wholly or partially exercises operational or managerial control over, or who directly or indirectly conducts, the operation of the claimant's business.

SB409-SSA1,9,23 5. "Paid or incurred" includes any amount paid by the claimant to reimburse an individual for the tuition that the individual paid or incurred.

SB409-SSA1,9,24 6. "Qualified postsecondary institution" means all of the following:

SB409-SSA1,9,25 a. A University of Wisconsin System institution, a technical college system institution, or a regionally accredited 4-year nonprofit college or university having its regional headquarters and principal place of business in this state.

SB409-SSA1,10,5 b. A school approved under s. 38.50, if the delivery of education occurs in this state.

SB409-SSA1,10,8 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 an amount equal to the following:

SB409-SSA1,10,12 1. Twenty-five percent of the tuition that the claimant paid or incurred for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a course of instruction and eligible for a grant from the Federal Pell Grant Program.

SB409-SSA1,10,18 2. Thirty percent of the tuition that the claimant paid or incurred for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a course of instruction that relates to a projected worker shortage in this state, as determined by the local workforce development boards established under 29 USC 2832, and if the individual was eligible for a grant from the Federal Pell Grant Program.

SB409-SSA1,10,21 (c) Limitations. 1. No credit may be allowed under par. (b) unless the claimant certifies to the department of revenue that the claimant will not be reimbursed for any amount of tuition for which the claimant claims a credit under par. (b).

SB409-SSA1,10,24 2. A claimant may not claim the credit under par. (b) for any tuition amounts that the individual described under par. (b) excluded under s. 71.05 (6) (b) 28. or under section 127 of the Internal Revenue Code.

SB409-SSA1,11,3 3. A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for a family member of the claimant or for a family member of a managing employee unless all of the following apply:

SB409-SSA1,11,7 a. The family member was employed an average of at least 20 hours per week as an employee of the claimant, or the claimant's business, during the one-year period prior to commencing participation in the education program in connection with which the claimant claims a credit under par. (b).

SB409-SSA1,11,9 b. The family member is enrolled in a course of instruction that is substantially related to the claimant's business.

SB409-SSA1,11,11 3m. A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for an individual who is not a resident of this state.

SB409-SSA1,11,15 4. The claimant shall claim the credit for the taxable year in which the individual graduates from a course of instruction in an amount equal to the total amount the claimant paid or incurred under par. (b) for all taxable years in which the claimant paid or incurred such amounts related to that individual.

SB409-SSA1,11,23 5. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of tuition under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB409-SSA1,11,25 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB409-SSA1, s. 26 Section 26. 71.10 (4) (cd) of the statutes is created to read:

SB409-SSA1,12,2 71.10 (4) (cd) Postsecondary education credit under s. 71.07 (5r).

SB409-SSA1, s. 27 Section 27. 71.21 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,12,8 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), and (8r) and passed through to partners shall be added to the partnership's income.

SB409-SSA1, s. 28 Section 28. 71.26 (2) (a) 4. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB409-SSA1,12,16 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB409-SSA1, s. 29 Section 29. 71.28 (5r) of the statutes is created to read: