AB40-ASA1,1306,323 (h) Provide training, technical assistance and information on the revitalization
24of business areas to municipalities which do not participate in the state main street
25program. The department corporation may charge reasonable fees for the services

1and information provided under this paragraph. The department shall deposit all
2fees collected under this paragraph in the appropriation account under s. 20.143 (1)
3(g).
AB40-ASA1, s. 3330s 4Section 3330s. 560.081 (2) (i) of the statutes is repealed.
AB40-ASA1, s. 3331 5Section 3331. 560.082 of the statutes is repealed.
AB40-ASA1, s. 3332 6Section 3332. 560.09 of the statutes is repealed.
AB40-ASA1, s. 3333 7Section 3333. 560.097 of the statutes is renumbered 238.125 and amended to
8read:
AB40-ASA1,1306,11 9238.125 Notification of position openings; compliance. The department
10corporation shall monitor compliance with the position-opening notification
11requirements under ss. 66.1103 (6m) and 106.16.
AB40-ASA1, s. 3334b 12Section 3334b. 560.11 of the statutes is renumbered 285.795, and 285.795 (1)
13(a) and (2), as renumbered, are amended to read:
AB40-ASA1,1306,1914 285.795 (1) (a) Advise the department of natural resources concerning the
15effectiveness of the small business stationary source technical and environmental
16compliance assistance program under s. 285.79, difficulties encountered by small
17business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15
18and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285
19against small business stationary sources.
AB40-ASA1,1306,25 20(2) The employees of the department of commerce who staff the small business
21ombudsman clearinghouse under s. 560.03 (9) and the employees of
the department
22of natural resources who staff the small business stationary source technical and
23environmental compliance assistance program under s. 285.79 shall provide the
24small business environmental council with the assistance necessary to comply with
25sub. (1).
AB40-ASA1, s. 3335
1Section 3335. 560.125 (title) and (1) to (3) of the statutes are renumbered
2101.45 (title) and (1) to (3).
AB40-ASA1, s. 3336 3Section 3336. 560.125 (4) (a) to (e) of the statutes are renumbered 101.45 (4)
4(a) to (e), and 101.45 (4) (d), as renumbered, is amended to read:
AB40-ASA1,1307,75 101.45 (4) (d) In any fiscal year, the department may not pay to any one
6applicant more than 20 percent of the amount appropriated under s. 20.143 (3)
720.165 (2) (sm) for the fiscal year.
AB40-ASA1, s. 3337 8Section 3337. 560.125 (4) (f) and (g) of the statutes are repealed.
AB40-ASA1, s. 3338 9Section 3338. 560.125 (5) to (6) of the statutes are renumbered 101.45 (5) to
10(6).
AB40-ASA1, s. 3339 11Section 3339. 560.126 of the statutes is repealed.
AB40-ASA1, s. 3340 12Section 3340. 560.128 of the statutes is repealed.
AB40-ASA1, s. 3341 13Section 3341. 560.13 (1), (2), (3), (5) and (6m) of the statutes are renumbered
14238.13 (1), (2), (3), (5) and (6m), and 238.13 (2) (a) (intro.) and (b) 1., (3) (intro.) and
15(f) and (5), as renumbered, are amended to read:
AB40-ASA1,1307,1816 238.13 (2) (a) (intro.) Subject to subs. (4) and (5), from the appropriation under
17s. 20.143 (1) (qm) the department
The corporation may make a grant to a person if
18all of the following apply:
AB40-ASA1,1307,2219 (b) 1. The contribution required under par. (a) 3. may be in cash or in-kind.
20Cash contributions may be of private or public funds, excluding funds obtained under
21the program under s. 560.17 or under any program under subch. II or V of this
22chapter
. In-kind contributions shall be limited to actual remediation services.
AB40-ASA1,1307,24 23(3) (intro.) The department corporation may consider the following criteria in
24making awards under this section:
AB40-ASA1,1308,2
1(f) Any other factors considered by the department corporation to be relevant
2to assessing the viability and feasibility of the project.
AB40-ASA1,1308,5 3(5) Before the department corporation awards a grant under this section, the
4department corporation shall consider the recommendations of the department of
5administration and the department of natural resources.
AB40-ASA1, s. 3342 6Section 3342. 560.13 (4) of the statutes is repealed.
AB40-ASA1, s. 3343 7Section 3343. 560.13 (6) of the statutes is repealed.
AB40-ASA1, s. 3344 8Section 3344. 560.138 of the statutes is repealed.
AB40-ASA1, s. 3345 9Section 3345. 560.139 of the statutes is repealed.
AB40-ASA1, s. 3346 10Section 3346. 560.145 of the statutes is repealed.
AB40-ASA1, s. 3347 11Section 3347. 560.15 of the statutes is repealed.
AB40-ASA1, s. 3348 12Section 3348. 560.155 of the statutes is repealed.
AB40-ASA1, s. 3349 13Section 3349. 560.157 of the statutes is repealed.
AB40-ASA1, s. 3350 14Section 3350. 560.165 of the statutes is repealed.
AB40-ASA1, s. 3351 15Section 3351. 560.167 of the statutes is repealed.
AB40-ASA1, s. 3352 16Section 3352. 560.17 of the statutes is repealed.
AB40-ASA1, s. 3353 17Section 3353. 560.19 of the statutes is repealed.
AB40-ASA1, s. 3354 18Section 3354. 560.203 of the statutes is repealed.
AB40-ASA1, s. 3355g 19Section 3355g. 560.204 (title), (1), (2) and (4) of the statutes are renumbered
2073.15 (title), (1), (2) and (3), and 73.15 (1), (2) and (3), as renumbered, are amended
21to read:
AB40-ASA1,1308,2422 73.15 (1) The department of revenue shall implement a program to certify
23health care providers as eligible for the electronic medical records credit under ss.
2471.07 (5i), 71.28 (5i), and 71.47 (5i).
AB40-ASA1,1309,4
1(2) If the department of revenue certifies a health care provider under sub. (1),
2the department shall determine the amount of credits to allocate to the health care
3provider. The total amount of electronic medical records credits allocated to health
4care providers in any year may not exceed $10,000,000.
AB40-ASA1,1309,6 5(3) The department, in consultation with the department of revenue, shall
6promulgate rules to administer this section.
AB40-ASA1, s. 3355m 7Section 3355m. 560.204 (3) of the statutes is repealed.
AB40-ASA1, s. 3356 8Section 3356. 560.205 of the statutes is renumbered 238.15, and 238.15 (1)
9(intro.), (2) and (3) (a), (b), (d) (intro.), 1., 2. a. and b. and (e), as renumbered, are
10amended to read:
AB40-ASA1,1309,2011 238.15 (1) Angel investment tax credits. (intro.) The department corporation
12shall implement a program to certify businesses for purposes of s. 71.07 (5d). A
13business desiring certification shall submit an application to the department
14corporation in each taxable year for which the business desires certification. The
15business shall specify in its application the investment amount it wishes to raise and
16the department corporation may certify the business and determine the amount that
17qualifies for purposes of s. 71.07 (5d). Unless otherwise provided under the rules of
18the department, a
A business may be certified under this subsection, and may
19maintain such certification, only if the business satisfies all of the following
20conditions:
AB40-ASA1,1310,9 21(2) Early stage seed investment tax credits. The department corporation
22shall implement a program to certify investment fund managers for purposes of ss.
2371.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. An investment fund manager desiring
24certification shall submit an application to the department corporation. The
25investment fund manager shall specify in the application the investment amount

1that the manager wishes to raise and the department corporation may certify the
2manager and determine the amount that qualifies for purposes of ss. 71.07 (5b),
371.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment
4fund manager, the department corporation shall consider the investment fund
5manager's experience in managing venture capital funds, the past performance of
6investment funds managed by the applicant, the expected level of investment in the
7investment fund to be managed by the applicant, and any other relevant factors. The
8department corporation may certify only investment fund managers that commit to
9consider placing investments in businesses certified under sub. (1).
AB40-ASA1,1310,13 10(3) (a) List of certified businesses and investment fund managers. The
11department corporation shall maintain a list of businesses certified under sub. (1)
12and investment fund managers certified under sub. (2) and shall permit public access
13to the lists through the department's corporation's Internet Web site.
AB40-ASA1,1310,1714 (b) Notification of department of revenue. The department of commerce
15corporation shall notify the department of revenue of every certification issued under
16sub. subs. (1) and (2) and the date on which any such certification is revoked or
17expires.
AB40-ASA1,1311,1918 (d) Rules. (intro.) The department of commerce corporation, in consultation
19with the department of revenue, shall promulgate adopt rules to administer this
20section. The rules shall further define "bona fide angel investment" for purposes of
21s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under
22s. 71.07 (5d) that may be claimed for investments in businesses certified under sub.
23(1) at $3,000,000 per calendar year for calendar years beginning after December 31,
242004, and before January 1, 2008, $5,500,000 per calendar year for calendar years
25beginning after December 31, 2007, and before January 1, 2010, $6,500,000 for

1calendar year 2010, and $20,000,000 per calendar year for calendar years beginning
2after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
3an additional $250,000 for tax credits that may be claimed for investments in
4nanotechnology businesses certified under sub. (1). The rules shall also limit the
5aggregate amount of the tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and
676.638 that may be claimed for investments paid to fund managers certified under
7sub. (2) at $3,500,000 per calendar year for calendar years beginning after December
831, 2004, and before January 1, 2008, $6,000,000 per calendar year for calendar
9years beginning after December 31, 2007, and before January 1, 2010, $8,000,000 for
10calendar year 2010, and $20,500,000 per calendar year for calendar years beginning
11after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
12an additional $250,000 for tax credits that may be claimed for investments in
13nanotechnology businesses certified under sub. (1). The rules shall also provide that,
14for calendar years beginning after December 31, 2007, no person may receive a credit
15under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), or 76.638 unless the person's
16investment is kept in a certified business, or with a certified fund manager, for no less
17than 3 years. The rules shall permit the department corporation to reallocate credits
18under this section that are unused in any calendar year to a person eligible for tax
19benefits, as defined under s. 560.2055 238.16 (1) (d), if all of the following apply:
AB40-ASA1,1311,2120 1. The department corporation notifies the joint committee on finance in
21writing of its proposed reallocation.
AB40-ASA1,1311,2522 2. a. The cochairpersons of the joint committee on finance fail to notify the
23department corporation, within 14 working days after the date of the department's
24corporation's notification under subd. 1., that the committee has scheduled a meeting
25for the purpose of reviewing the proposed reallocation.
AB40-ASA1,1312,2
1b. The cochairpersons of the joint committee on finance notify the department
2corporation that the committee has approved the proposed reallocation.
AB40-ASA1,1312,143 (e) Transfer. A person who is eligible to claim a credit under s. 71.07 (5b), 71.28
4(5b), 71.47 (5b), or 76.638 may sell or otherwise transfer the credit to another person
5who is subject to the taxes or fees imposed under s. 71.02, 71.23, 71.47, or subch. III
6of ch. 76, if the person receives prior authorization from the investment fund
7manager and the manager then notifies the department of commerce corporation
8and the department of revenue of the transfer and submits with the notification a
9copy of the transfer documents. No person may sell or otherwise transfer a credit as
10provided in this paragraph more than once in a 12-month period. The department
11corporation may charge any person selling or otherwise transferring a credit under
12this paragraph a fee equal to 1 percent of the credit amount sold or transferred. The
13department shall deposit all fees collected under this paragraph in the appropriation
14account under s. 20.143 (1) (gm).
AB40-ASA1, s. 3357 15Section 3357. 560.2055 (title) and (1) of the statutes are renumbered 238.16
16(title) and (1).
AB40-ASA1, s. 3358 17Section 3358. 560.2055 (2) of the statutes is renumbered 238.16 (2), and
18238.16 (2) (intro.) and (b), as renumbered, are amended to read:
AB40-ASA1,1312,2019 238.16 (2) (intro.) The department corporation may certify a person to receive
20tax benefits under this section if all of the following apply:
AB40-ASA1,1312,2221 (b) The person applies under this section and enters into a contract with the
22department corporation.
AB40-ASA1, s. 3359m 23Section 3359m. 560.2055 (3) of the statutes is renumbered 238.16 (3), and
24238.16 (3) (intro.), (a) and (b) of the statutes, as renumbered, are amended to read:
AB40-ASA1,1313,4
1238.16 (3) Eligibility for tax benefits. (intro.) A person certified under sub.
2(2) may receive tax benefits under this section if, in each year for which the person
3claims tax benefits under this section, the person increases net employment in the
4person's business, and one of the following apply applies:
AB40-ASA1,1313,75 (a) In a tier I county or municipality, an eligible employee for whom the person
6claims a tax credit will earn at least $20,000 but not more than $100,000 in wages
7from the person in the year for which the credit is claimed.
AB40-ASA1,1313,108 (b) In a tier II county or municipality, an eligible employee for whom the person
9claims a tax credit will earn at least $30,000 but not more than $100,000 in wages
10from the person in the year for which the credit is claimed.
AB40-ASA1, s. 3362 11Section 3362. 560.2055 (4) (title) and (a) of the statutes are renumbered
12238.16 (4) (title) and (a).
AB40-ASA1, s. 3363m 13Section 3363m. 560.2055 (4) (b) 1. of the statutes is renumbered 238.16 (4) (b)
141. and amended to read:
AB40-ASA1,1313,1915 238.16 (4) (b) 1. The department corporation may award to a person certified
16under sub. (2) tax benefits for each eligible employee in an amount equal to up to 10
17percent of the wages paid by the person to that employee or $10,000, whichever is
18less,
if that employee earned wages in the year for which the tax benefit is claimed
19equal to one of the following:
AB40-ASA1,1313,2120 a. In a tier I county or municipality, at least $20,000 but not more than
21$100,000
.
AB40-ASA1,1313,2322 b. In a tier II county or municipality, at least $30,000 but not more than
23$100,000
.
AB40-ASA1, s. 3365 24Section 3365. 560.2055 (4) (b) 2. and (c) of the statutes are renumbered 238.16
25(4) (b) 2. and (c) and amended to read:
AB40-ASA1,1314,4
1238.16 (4) (b) 2. The department corporation may award to a person certified
2under sub. (2) tax benefits in an amount to be determined by the department by rule
3corporation for costs incurred by the person to undertake the training activities
4described in sub. (3) (c).
AB40-ASA1,1314,75 (c) Subject to a reallocation by the department corporation pursuant to rules
6promulgated adopted under s. 560.205 238.215 (3) (d), the department corporation
7may allocate up to $5,000,000 in tax benefits under this section in any calendar year.
AB40-ASA1, s. 3366 8Section 3366. 560.2055 (5) of the statutes is renumbered 238.16 (5), and
9238.16 (5) (title), (a), (b), (c), (d), (e) and (f) (intro.) and 1. (intro.), as renumbered, are
10amended to read:
AB40-ASA1,1314,1311 238.16 (5) (title) Duties of the department corporation. (a) The department
12of commerce
corporation shall notify the department of revenue when the
13department of commerce corporation certifies a person to receive tax benefits.
AB40-ASA1,1314,1514 (b) The department of commerce corporation shall notify the department of
15revenue within 30 days of revoking a certification made under sub. (2).
AB40-ASA1,1314,1816 (c) The department corporation may require a person to repay any tax benefits
17the person claims for a year in which the person failed to maintain employment
18required by an agreement under sub. (2) (b).
AB40-ASA1,1314,2119 (d) The department corporation shall determine the maximum amount of the
20tax credits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q) that a certified business
21may claim and shall notify the department of revenue of this amount.
AB40-ASA1,1314,2422 (e) The department corporation shall annually verify the information
23submitted to the department corporation by the person claiming tax benefits under
24ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).
AB40-ASA1,1315,3
1(f) (intro.) The department corporation shall promulgate adopt rules for the
2implementation and operation of this section, including rules relating to the
3following:
AB40-ASA1,1315,64 1. (intro.) The definitions of a tier I county or municipality and a tier II county
5or municipality. The department corporation may consider all of the following
6information when establishing the definitions required under this subdivision:
AB40-ASA1, s. 3367 7Section 3367. 560.2056 of the statutes is renumbered 93.54 and amended to
8read:
AB40-ASA1,1315,12 993.54 Food processing plant and food warehouse investment credit.
10(1) The department of commerce shall implement a program to certify taxpayers as
11eligible for the food processing plant and food warehouse investment credit under ss.
1271.07 (3rn), 71.28 (3rn), and 71.47 (3rn).
AB40-ASA1,1315,19 13(2) If the department of commerce certifies a taxpayer under sub. (1), the
14department of commerce shall determine the amount of credits to allocate to that
15taxpayer. The total amount of food processing plant and food warehouse investment
16credits allocated to taxpayers in fiscal year 2009-10 may not exceed $600,000 and
17the total amount of food processing plant and food warehouse investment credits
18allocated to taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may
19not exceed $700,000.
AB40-ASA1,1315,22 20(3) The department of commerce shall inform the department of revenue of
21every taxpayer certified under sub. (1) and the amount of credits allocated to the
22taxpayer.
AB40-ASA1,1315,24 23(4) The department of commerce, in consultation with the department of
24revenue, shall promulgate rules to administer this section.
AB40-ASA1, s. 3368
1Section 3368. 560.206 of the statutes is renumbered 41.155, and 41.155 (4),
2as renumbered, is amended to read:
AB40-ASA1,1316,43 41.155 (4) The department of commerce tourism, in consultation with the
4department of revenue, shall promulgate rules to administer this section.
AB40-ASA1, s. 3369 5Section 3369. 560.207 of the statutes is renumbered 93.535 and amended to
6read:
AB40-ASA1,1316,11 793.535 Dairy manufacturing facility investment credit. (1) The
8department of commerce shall implement a program to certify taxpayers, including
9taxpayers who are members of dairy cooperatives, as eligible for the dairy
10manufacturing facility investment credit under ss. 71.07 (3p), 71.28 (3p), and 71.47
11(3p).
AB40-ASA1,1316,23 12(2) If the department of commerce certifies a taxpayer under sub. (1), the
13department of commerce shall determine the amount of credits to allocate to that
14taxpayer. The total amount of dairy manufacturing facility investment credits
15allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total
16amount of dairy manufacturing facility investment credits allocated to taxpayers
17who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal
18year thereafter, may not exceed $700,000. The total amount of dairy manufacturing
19facility investment credits allocated to taxpayers who are members of dairy
20cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount
21of dairy manufacturing facility investment credits allocated to taxpayers who are
22members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year
23thereafter, may not exceed $700,000.
AB40-ASA1,1317,3
1(3) The department of commerce shall inform the department of revenue of
2every taxpayer certified under sub. (1) and the amount of credits allocated to the
3taxpayer.
AB40-ASA1,1317,5 4(4) The department of commerce, in consultation with the department of
5revenue, shall promulgate rules to administer this section.
AB40-ASA1, s. 3370 6Section 3370. 560.208 of the statutes is renumbered 93.545 and amended to
7read:
AB40-ASA1,1317,10 893.545 Meat processing facility investment credit. (1) The department
9of commerce shall implement a program to certify taxpayers as eligible for the meat
10processing facility investment credit under ss. 71.07 (3r), 71.28 (3r), and 71.47 (3r).
AB40-ASA1,1317,16 11(2) If the department of commerce certifies a taxpayer under sub. (1), the
12department of commerce shall determine the amount of credits to allocate to that
13taxpayer. The total amount of meat processing facility investment credits allocated
14to taxpayers in fiscal year 2009-10 may not exceed $300,000 and the total amount
15of meat processing facility investment credits allocated to taxpayers in fiscal year
162010-11, and in each fiscal year thereafter, may not exceed $700,000.
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