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2011 - 2012 LEGISLATURE
SENATE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 40
June 16, 2011 - Offered by Senators Lassa, Hansen, Miller, Holperin, C. Larson,
Carpenter, Wirch, S. Coggs, Erpenbach, Jauch, Risser, Taylor, Vinehout
and
T. Cullen.
AB40-SA1,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB40-SA1,1,3 31. Page 64, line 1: delete lines 1 to 13.
AB40-SA1,1,4 42. Page 65, line 2: delete "36.585" and substitute "36.11 (49)".
AB40-SA1,1,7 53. Page 107, line 4: increase the dollar amount for fiscal year 2011-12 by
6$22,700 and increase the dollar amount for fiscal year 2012-13 by $22,700 for the
7purpose of increasing funding for buy local grants.
AB40-SA1,1,11 84. Page 135, line 3: increase the dollar amount for fiscal year 2011-12 by
9$820,700 and increase the dollar amount for fiscal year 2012-13 by $820,700 to
10increase the authorized FTE positions by 5.0 GPR positions for faculty at the
11University of Wisconsin-Milwaukee School of Freshwater Sciences.
AB40-SA1,2,6
15. Page 135, line 3: increase the dollar amount for fiscal year 2012-13 by
2$131,900 to increase the authorized FTE positions by 1.0 GPR position for an
3academic advisor at the University of Wisconsin-Milwaukee School of Freshwater
4Sciences and to increase the authorized FTE positions by 1.0 GPR positions for
5support staff at the University of Wisconsin-Milwaukee School of Freshwater
6Sciences.
AB40-SA1,2,9 76. Page 135, line 3: increase the dollar amount for fiscal year 2012-13 by
8$47,400 to increase funding for supplies and services at the University of
9Wisconsin-Milwaukee School of Freshwater Sciences.
AB40-SA1,2,10 107. Page 135, line 3: after that line insert: - See PDF for table PDF
AB40-SA1,2,11 118. Page 317, line 7: after that line insert:
AB40-SA1,2,12 12" Section 544r. 20.285 (1) (ce) of the statutes is created to read:
AB40-SA1,2,1513 20.285 (1) (ce) WiSys Technology Foundation grants. The amounts in the
14schedule for grants to the WiSys Technology Foundation, Inc., under s. 36.25 (52)
15(b).".
AB40-SA1,2,16 169. Page 350, line 2: after "(2)" insert "(kc) and".
AB40-SA1,2,17 1710. Page 370, line 9: after that line insert:
AB40-SA1,2,18 18" Section 772e. 20.835 (2) (c) of the statutes is amended to read:
AB40-SA1,2,2019 20.835 (2) (c) Homestead tax credit. A sum sufficient to pay the aggregate
20excess claims approved under subch. VIII of ch. 71 that are not paid under par. (kc).
AB40-SA1, s. 772ee 21Section 772ee. 20.835 (2) (kc) of the statutes is created to read:
AB40-SA1,3,5
120.835 (2) (kc) Homestead tax credit; temporary assistance for needy families.
2The amounts in the schedule to be used to pay, to the extent permitted under federal
3law, the claims approved under subch. VIII of ch. 71. All moneys transferred from
4the appropriation account under s. 20.437 (2) (md) shall be credited to this
5appropriation account.".
AB40-SA1,3,7 611. Page 445, line 19: delete lines 19 to 25, as affected by assembly
7amendment 1 to assembly amendment 1.
AB40-SA1,3,8 812. Page 446, line 1: delete lines 1 and 2.
AB40-SA1,3,9 913. Page 454, line 22: delete that line and substitute:
AB40-SA1,3,10 10" Section 994d. 36.25 (52) (b) of the statutes is amended to read:
AB40-SA1,3,2411 36.25 (52) (b) From the appropriation under s. 20.285 (1) (cd) (ce), the board
12shall award grants to the foundation for the Wisconsin Small Company
13Advancement program to provide intellectual property management services to the
14extension and all institutions and college campuses other than the University of
15Wisconsin-Madison and the University of Wisconsin-Milwaukee and for the
16administrative costs of the program. The amount of each grant shall be $250,000.
17The foundation may use no more than $75,000 of the amount appropriated under s.
1820.285 (1) (cd) (ce) for the administrative costs of the program. The board may not
19award a grant unless the foundation shows to the satisfaction of the board that the
20foundation has secured, after January 1, 2010, matching funds for the program from
21sources other than the state that are equal to the amount of the grant, except that
22the amounts used for administrative costs of the program are exempt from the
23matching requirement. In-kind contributions may be applied to meet the matching
24requirement.
AB40-SA1, s. 994e
1Section 994e. 36.25 (52) (c) of the statutes is amended to read:
AB40-SA1,4,62 36.25 (52) (c) The board shall submit progress reports at least annually on the
3use of grants under par. (b) to the joint committee on finance and the chief clerk of
4each house of the legislature for distribution to the appropriate standing committees
5under s. 13.172 (3), at least annually until the program funded by the grants under
6par. (b) is terminated
.".
AB40-SA1,4,8 714. Page 462, line 22: delete lines 22 to 24, as affected by assembly
8amendment 1 to assembly amendment 1.
AB40-SA1,4,10 915. Page 463, line 1: delete lines 1 to 19, as affected by assembly amendment
101 to assembly amendment 1.
AB40-SA1,4,11 1116. Page 476, line 10: after that line insert:
AB40-SA1,4,12 12" Section 1103m. 38.41 (3) (d) of the statutes is amended to read:
AB40-SA1,4,2013 38.41 (3) (d) Beginning in the 2008-09 2011-12 school year, the board shall
14award at least $1,000,000 $2,400,000 annually under sub. (1) for training in
15advanced manufacturing skills, and beginning in the 2010-11 school year, the board
16shall award at least $2,000,000 annually under sub. (1) for such training
. A business
17may not receive training under such a grant unless the business pays individuals
18trained under the grant, at the time of the training or no later than 6 months after
19completion of the training, at least 150 percent of the federal minimum hourly rate
20prescribed under 29 USC 206 (a) (1)
.".
AB40-SA1,5,3 2117. Page 724, line 19: after "stats" insert ", except that, for taxable years
22beginning after December 31, 2011, and before January 1, 2015, a claimant may
23claim 40 percent of the claimant's investment paid to a fund manager that the fund
24manager invests in a business certified under s. 238.15 (1), if the fund manager has

1invested no more than $500,000 in the business and the business has received no
2more than $2,000,000 in investments that have qualified for credits under this
3subsection or s. 71.28 (5b) or 71.47 (5b)
".
AB40-SA1,5,4 418. Page 724, line 22: after "25" insert "or 40".
AB40-SA1,5,5 519. Page 730, line 16: delete lines 16 to 25.
AB40-SA1,5,6 620. Page 731, line 1: delete lines 1 to 8.
AB40-SA1,5,13 721. Page 806, line 14: after "stats" insert ", except that, for taxable years
8beginning after December 31, 2011, and before January 1, 2015, a claimant may
9claim 40 percent of the claimant's investment paid to a fund manager that the fund
10manager invests in a business certified under s. 238.15 (1), if the fund manager has
11invested no more than $500,000 in the business and the business has received no
12more than $2,000,000 in investments that have qualified for credits under this
13subsection or s. 71.07 (5b) or 71.47 (5b)
".
AB40-SA1,5,14 1422. Page 806, line 17: after "25" insert "or 40".
AB40-SA1,5,21 1523. Page 856, line 7: after "stats" insert ", except that, for taxable years
16beginning after December 31, 2011, and before January 1, 2015, a claimant may
17claim 40 percent of the claimant's investment paid to a fund manager that the fund
18manager invests in a business certified under s. 238.15 (1), if the fund manager has
19invested no more than $500,000 in the business and the business has received no
20more than $2,000,000 in investments that have qualified for credits under this
21subsection or s. 71.07 (5b) or 71.28 (5b)
".
AB40-SA1,5,22 2224. Page 856, line 10: after "25" insert "or 40".
AB40-SA1,6,2
125. Page 860, line 20: delete the material beginning with that line and ending
2with page 862, line 17.
AB40-SA1,6,3 326. Page 957, line 3: delete lines 3 to 13.
AB40-SA1,6,5 427. Page 964, line 24: delete the material beginning with that line and ending
5with page 966, line 16.
AB40-SA1,6,6 628. Page 970, line 10: delete lines 10 to 13.
AB40-SA1,6,8 729. Page 970, line 23: delete the material beginning with that line and ending
8with page 971, line 3.
AB40-SA1,6,9 930. Page 971, line 14: after that line insert:
AB40-SA1,6,10 10" Section 2403y. 108.141 (1) (f) 3. b. of the statutes is amended to read:
AB40-SA1,6,1611 108.141 (1) (f) 3. b. The average rate of total unemployment in this state,
12seasonally adjusted, as determined by the U.S. secretary of labor for the period
13consisting of the most recent 3 months for which data for all states are published
14before the close of that week equals or exceeds 110 percent of the average for either
15or both of the corresponding 3-month periods ending in the 2 preceding calendar
16year.; or
AB40-SA1, s. 2403yb 17Section 2403yb. 108.141 (1) (f) 4. of the statutes is created to read:
AB40-SA1,6,2118 108.141 (1) (f) 4. With respect to weeks of unemployment beginning on or after
19the date of enactment of P.L. 111-312, and ending with the week ending 4 weeks prior
20to the last week in which federal sharing is authorized by section 2005 (a) of P.L.
21111-5 and any amendments thereto:
AB40-SA1,7,222 a. The rate of insured unemployment for the period consisting of that week and
23the immediately preceding 12 weeks equaled or exceeded 120 percent of the average

1of such rates for the corresponding 13-week periods ending in each of the preceding
23 calendar years, and equaled or exceeded 5 percent; or
AB40-SA1,7,73 b. The average rate of total unemployment, seasonally adjusted, as determined
4by the U.S. secretary of labor, for the period consisting of the most recent 3 months
5for which data for all states are published before the close of that week equals or
6exceeds 6.5 percent and equals or exceeds 110 percent of the average for any of the
7corresponding 3-month periods ending in the preceding 3 calendar years.".
AB40-SA1,7,10 831. Page 1130, line 15: delete the material beginning with "the objectives" and
9ending with "activities" on line 20 and substitute "the objectives under s. 560.128
10238.2995 (1) (a)".
AB40-SA1,7,16 1132. Page 1131, line 7: delete the material beginning with "The commission"
12and ending with "(1) (a)." on page line 9 and substitute "The commission shall
13cooperate with the department of commerce Wisconsin Economic Development
14Corporation
to ensure coordination of energy efficiency and renewable resource
15programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 238.2995
16(1) (a).".
AB40-SA1,7,17 1733. Page 1173, line 3: after that line insert:
AB40-SA1,7,18 18" Section 2859t. 238.075 of the statutes is created to read:
AB40-SA1,7,21 19238.075 Goals and accountability measures; reporting. (1) Goals and
20accountability measures.
The corporation shall do all of the following for each
21economic development program implemented under s. 238.03:
AB40-SA1,7,2322 (a) Establish clear and measurable goals for the program that are tied to the
23duties of the board under s. 238.03.
AB40-SA1,8,2
1(b) Establish at least one quantifiable benchmark for each program goal
2described in par. (a).
AB40-SA1,8,63 (c) Require that each recipient of a grant or loan under the program submit a
4report to the corporation. Each contract with a recipient of a grant or loan under the
5program shall specify the frequency and format of the report to be submitted to the
6corporation and the performance measures to be included in the report.
AB40-SA1,8,97 (d) Establish a method for evaluating the projected results of the program with
8actual outcomes as determined by evaluating the information described in pars. (a)
9and (b).
AB40-SA1,8,1110 (e) Annually and independently verify, from a sample of grants and loans, the
11accuracy of the information required to be reported under par. (c).
AB40-SA1,8,1912 (f) Establish by rule a requirement that the recipient of a grant or loan under
13the program of at least $100,000 submit to the corporation a verified statement
14signed by both an independent certified public accountant licensed or certified under
15ch. 442 and the director or principal officer of the recipient to attest to the accuracy
16of the verified statement, and make available for inspection the documents
17supporting the verified statement. The corporation shall include the requirement
18established by rule under this paragraph in the contract entered into by a grant or
19loan recipient.
AB40-SA1,8,2420 (g) Establish by rule policies and procedures permitting the corporation to do
21all of the following if a recipient of a grant or loan or tax benefits under the program
22submits false or misleading information to the corporation or fails to comply with the
23terms of a contract entered into with the corporation under the program and fails to
24provide to the satisfaction of the corporation an explanation for the noncompliance:
AB40-SA1,8,2525 1. Recoup payments made to the recipient.
AB40-SA1,9,1
12. Withhold payments to be made to the recipient.
AB40-SA1,9,22 3. Impose a forfeiture on the recipient.
AB40-SA1,9,9 3(2) Economic development assistance reporting. Annually, no later than
4October 1, the corporation shall submit to the joint legislative audit committee and
5to the appropriate standing committees of the legislature under s. 13.172 (3) a
6comprehensive report assessing economic development programs implemented by
7the corporation. The corporation shall make readily accessible to the public on an
8Internet-based system the information required under this subsection. The report
9shall include all of the following information:
AB40-SA1,9,1010 (a) A description of each program.
AB40-SA1,9,1211 (b) Quantifiable performance measures directly related to the purpose of the
12program including, when applicable, all of the following information:
AB40-SA1,9,1413 1. An accounting of the location, by municipality, of each job created or retained
14in the state in the previous fiscal year as a result of the program.
AB40-SA1,9,1615 2. An accounting of the industry classification, by municipality, of each job
16created or retained in the state in the previous fiscal year as a result of the program.
AB40-SA1,9,1717 (c) A comparison of expected and actual program outcomes.
AB40-SA1,9,1818 (d) The number of grants made under the program in the previous fiscal year.
AB40-SA1,9,1919 (e) The number of loans made under the program in the previous fiscal year.
AB40-SA1,9,2120 (f) The amount of tax benefits allocated and verified under the program in the
21previous fiscal year.
AB40-SA1,9,2322 (g) The amount of each grant and loan made under the program in the previous
23fiscal year.
AB40-SA1,9,2524 (h) The recipient of each grant or loan made under the program in the previous
25fiscal year.
AB40-SA1,10,2
1(i) The recipients of tax benefits allocated and verified under the program in
2the previous fiscal year.
AB40-SA1,10,43 (j) The sum total of all grants and loans awarded to and received by each
4recipient under the program in the previous fiscal year.".
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