AB40, s. 3370
1Section 3370. 560.208 of the statutes is renumbered 238.19 and amended to
2read:
AB40,1198,6 3238.19 Meat processing facility investment credit. (1) The department
4of commerce
corporation shall implement a program to certify taxpayers as eligible
5for the meat processing facility investment credit under ss. 71.07 (3r), 71.28 (3r), and
671.47 (3r).
AB40,1198,13 7(2) If the department of commerce corporation certifies a taxpayer under sub.
8(1), the department of commerce corporation shall determine the amount of credits
9to allocate to that taxpayer. The total amount of meat processing facility investment
10credits allocated to taxpayers in fiscal year 2009-10 may not exceed $300,000 and
11the total amount of meat processing facility investment credits allocated to
12taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed
13$700,000.
AB40,1198,16 14(3) The department of commerce corporation shall inform the department of
15revenue of every taxpayer certified under sub. (1) and the amount of credits allocated
16to the taxpayer.
AB40,1198,18 17(4) The department of commerce corporation, in consultation with the
18department of revenue, shall promulgate adopt rules to administer this section.
AB40, s. 3371 19Section 3371. 560.2085 of the statutes is renumbered 238.20, and 238.20 (1)
20(intro.), (2) and (3), as renumbered, are amended to read:
AB40,1199,221 238.20 (1) (intro.) The department corporation shall implement a program to
22certify qualified new business ventures for purposes of s. 71.05 (24). A business
23desiring certification shall submit an application to the department corporation in
24each taxable year for which the business desires certification. Subject to sub. (2), a

1business may be certified under this subsection, and may maintain such
2certification, only if the business is engaged in one of the following:
AB40,1199,7 3(2) The department corporation may not certify a business under sub. (1) if the
4business is engaged in real estate development, insurance, banking, lending,
5lobbying, political consultation, professional services provided by attorneys,
6accountants, business consultants, physicians, or health care consultants, wholesale
7or retail sales, leisure, hospitality, transportation, or construction.
AB40,1199,10 8(3) (a) The department corporation shall maintain a list of businesses certified
9under sub. (1) and shall permit public access to the lists through the department's
10corporation's Internet Web site.
AB40,1199,1311 (b) The department of commerce corporation shall notify the department of
12revenue of every certification issued under sub. (1) and the date on which a
13certification under sub. (1) is revoked or expires.
AB40, s. 3372 14Section 3372. 560.209 of the statutes is renumbered 238.21 and amended to
15read:
AB40,1199,19 16238.21 Woody biomass harvesting and processing credit. (1) The
17department of commerce corporation shall implement a program to certify taxpayers
18as eligible for the woody biomass harvesting and processing credit under ss. 71.07
19(3rm), 71.28 (3rm), and 71.47 (3rm).
AB40,1200,2 20(2) If the department of commerce corporation certifies a taxpayer under sub.
21(1), the department of commerce corporation shall determine the amount of credits
22to allocate to that taxpayer. The total amount of woody biomass harvesting and
23processing credits allocated to taxpayers in any fiscal year may not exceed $900,000.
24In each fiscal year, the department of commerce corporation shall allocate $450,000
25in tax credits to businesses that, individually, have no more than $5,000,000 in gross

1receipts from doing business in this state for the taxable year in which the credit is
2claimed.
AB40,1200,5 3(3) The department of commerce corporation shall inform the department of
4revenue of every taxpayer certified under sub. (1) and the amount of credits allocated
5to the taxpayer.
AB40,1200,7 6(4) The department of commerce corporation, in consultation with the
7department of revenue, shall promulgate adopt rules to administer this section.
AB40, s. 3373 8Section 3373. 560.21 of the statutes is repealed.
AB40, s. 3374 9Section 3374. 560.25 of the statutes is repealed.
AB40, s. 3375 10Section 3375. 560.255 of the statutes is repealed.
AB40, s. 3376 11Section 3376. 560.27 of the statutes is repealed.
AB40, s. 3377 12Section 3377. 560.275 of the statutes is repealed.
AB40, s. 3378 13Section 3378. 560.276 of the statutes is repealed.
AB40, s. 3379 14Section 3379. 560.277 of the statutes is repealed.
AB40, s. 3380 15Section 3380. 560.28 of the statutes is repealed.
AB40, s. 3381 16Section 3381. 560.285 of the statutes is repealed.
AB40, s. 3382 17Section 3382. 560.29 of the statutes is repealed.
AB40, s. 3383 18Section 3383. Subchapter II (title) of chapter 560 [precedes 560.30] of the
19statutes is repealed.
AB40, s. 3384 20Section 3384. 560.30 of the statutes is repealed.
AB40, s. 3385 21Section 3385. 560.301 of the statutes is repealed.
AB40, s. 3386 22Section 3386. 560.302 of the statutes is repealed.
AB40, s. 3387 23Section 3387. 560.303 of the statutes is repealed.
AB40, s. 3388 24Section 3388. 560.304 of the statutes is repealed.
AB40, s. 3389 25Section 3389. 560.305 of the statutes is repealed.
AB40, s. 3390
1Section 3390. Subchapter III (title) of chapter 560 [precedes 560.41] of the
2statutes is repealed.
AB40, s. 3391 3Section 3391. 560.41 of the statutes is repealed.
AB40, s. 3392 4Section 3392. 560.42 of the statutes is repealed.
AB40, s. 3393 5Section 3393. 560.43 of the statutes is repealed.
AB40, s. 3394 6Section 3394. 560.44 of the statutes is repealed.
AB40, s. 3395 7Section 3395. 560.45 of the statutes is renumbered 490.05, and 490.05 (1), as
8renumbered, is amended to read:
AB40,1201,119 490.05 (1) The department may award a grant from the appropriations under
10s. 20.143 20.165 (1) (ie), (ig), (im), and (ir) to a business for innovation and research
11assistance.
AB40, s. 3396 12Section 3396. Subchapter IV (title) of chapter 560 [precedes 560.51] of the
13statutes is repealed.
AB40, s. 3397 14Section 3397. 560.51 of the statutes is repealed.
AB40, s. 3398 15Section 3398. 560.53 of the statutes is repealed.
AB40, s. 3399 16Section 3399. 560.54 of the statutes is repealed.
AB40, s. 3400 17Section 3400. Subchapter V (title) of chapter 560 [precedes 560.60] of the
18statutes is repealed.
AB40, s. 3401 19Section 3401. 560.60 of the statutes is repealed.
AB40, s. 3402 20Section 3402. 560.602 of the statutes is repealed.
AB40, s. 3403 21Section 3403. 560.605 of the statutes is repealed.
AB40, s. 3404 22Section 3404. 560.607 of the statutes is repealed.
AB40, s. 3405 23Section 3405. 560.61 of the statutes is repealed.
AB40, s. 3406 24Section 3406. 560.68 of the statutes is repealed.
AB40, s. 3407
1Section 3407. Subchapter VI (title) of chapter 560 [precedes 560.70] of the
2statutes is repealed.
AB40, s. 3408 3Section 3408. 560.70 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7) of the
4statutes are renumbered 238.30 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7),
5and 238.30 (intro.), (2g), (2m) (b), (4) and (7) (b) 1. and 2., (c) and (d), as renumbered,
6are amended to read:
AB40,1202,8 7238.30 Definitions. (intro.) In this section and ss. 560.71 to 560.795 238.31
8to 238.395
:
AB40,1202,9 9(2g) "Eligible activity" means an activity described under s. 560.702 238.302.
AB40,1202,16 10(2m) (b) The department may by rule specify corporation may adopt a rule
11specifying
circumstances under which the department corporation may grant
12exceptions to the requirement under par. (a) that a full-time job means a job in which
13an individual, as a condition of employment, is required to work at least 2,080 hours
14per year, but under no circumstances may a full-time job mean a job in which an
15individual, as a condition of employment, is required to work less than 37.5 hours per
16week.
AB40,1202,19 17(4) "Local governing body" means the governing body of one or more cities,
18villages, towns, or counties or the elected governing body of a federally recognized
19American Indian tribe or band in this state.
AB40,1202,25 20(7) (b) 1. Except as provided in subd. 2., in s. 560.795 238.395, "tax benefits"
21means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di),
22and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx),
2371.47 (1dx), and 76.636. With respect to the development opportunity zones under
24s. 560.795 238.395 (1) (e) and (f), "tax benefits" also means the development zones
25capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40,1203,4
12. With respect to the development opportunity zones under s. 560.795 238.395
2(1) (g) and (h), "tax benefits" means the development zone credits under ss. 71.07
3(2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital
4investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
AB40,1203,75 (c) In s. 560.798 238.398, "tax benefits" means the development zones capital
6investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the
7development zones credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.
AB40,1203,108 (d) In ss. 560.701 to 560.706 238.301 to 238.306, "tax benefits" means the
9economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and
1076.637.
AB40, s. 3409 11Section 3409. 560.70 (1) of the statutes is repealed.
AB40, s. 3410 12Section 3410. 560.701 of the statutes is renumbered 238.301, and 238.301 (1)
13(intro.) and (e), (2) (a) and (b) and (3) (intro.), (b), (c), (d) and (f), as renumbered, are
14amended to read:
AB40,1203,1715 238.301 (1) Application. (intro.) Any person may apply to the department
16corporation on a form prepared by the department corporation for certification under
17this section. The application shall include all of the following:
AB40,1203,1918 (e) Other information required by the department corporation or the
19department of revenue.
AB40,1203,23 20(2) (a) The department corporation may certify a person who submits an
21application under sub. (1) if, after conducting an investigation, the department
22corporation determines that the person is conducting or intends to conduct at least
23one eligible activity.
AB40,1203,2524 (b) The department corporation shall provide a person certified under this
25section and the department of revenue with a copy of the certification.
AB40,1204,3
1(3) Contract. (intro.) A person certified under this section shall enter into a
2written contract with the department corporation. The contract shall include
3provisions that detail all of the following:
AB40,1204,64 (b) Whether any of the eligible activities will occur in an economically
5distressed area, as designated by the department corporation under s. 560.704
6238.304 (1).
AB40,1204,87 (c) Whether any of the eligible activities will benefit members of a targeted
8group, as determined by the department corporation under s. 560.704 238.304 (2).
AB40,1204,119 (d) A compliance schedule that includes a sequence of anticipated actions to be
10taken or goals to be achieved by the person before the person may receive tax benefits
11under s. 560.703 238.303.
AB40,1204,1312 (f) If feasible, a determination of the tax benefits the person will be authorized
13to claim under s. 560.703 238.303 (2) if the person fulfills the terms of the contract.
AB40, s. 3411 14Section 3411. 560.702 of the statutes is renumbered 238.302, and 238.302
15(intro.), (1), (2) and (3), as renumbered, are amended to read:
AB40,1204,17 16238.302 Eligible activities. (intro.) A person who conducts or proposes to
17conduct any of the following may be certified under s. 560.701 238.301 (2):
AB40,1204,20 18(1) Job creation project. A project that creates and maintains for a period of
19time established by the department corporation by rule full-time jobs in addition to
20any existing full-time jobs provided by the person.
AB40,1204,24 21(2) Capital investment project. A project that involves a significant
22investment of capital, as defined by the department corporation by rule under s.
23560.706 238.306 (2) (b), by the person in new equipment, machinery, real property,
24or depreciable personal property.
AB40,1205,4
1(3) Employee training project. A project that involves significant investments
2in the training or reeducation of employees, as defined by the department
3corporation by rule under s. 560.706 238.306 (2) (c), by the person for the purpose of
4improving the productivity or competitiveness of the business of the person.
AB40, s. 3412 5Section 3412. 560.703 (title) of the statutes is renumbered 238.303 (title).
AB40, s. 3413 6Section 3413. 560.703 (1) (a) of the statutes, as affected by 2011 Wisconsin Act
74
, is renumbered 238.303 (1) (a) and amended to read:
AB40,1205,148 238.303 (1) (a) Except as provided in pars. (am) and (b), and subject to a
9reallocation by the department corporation pursuant to rules promulgated adopted
10under s. 560.205 238.15 (3) (d), the total tax benefits available to be allocated by the
11department corporation under ss. 560.701 to 560.706 238.301 to 238.306 may not
12exceed the sum of the tax benefits remaining to be allocated under ss. s. 560.71 to
13560.785, 2009 stats., s. 560.797, 2009 stats., s. 560.798, 2009 stats., s. 560.7995, 2009
14stats.,
and s. 560.96, 2009 stats., on March 6, 2009, plus $25,000,000.
AB40, s. 3414 15Section 3414. 560.703 (1) (am) of the statutes, as created by 2011 Wisconsin
16Act 4
, is renumbered 238.303 (1) (am) and amended to read:
AB40,1206,317 238.303 (1) (am) Before the department corporation allocates the additional
18$25,000,000 in tax benefits specified in par. (a), the department corporation shall
19submit its plan for such allocation to the joint committee on finance. If the
20cochairpersons of the committee do not notify the department corporation within 14
21working days after the date of the department's corporation's submittal that the
22committee has scheduled a meeting for the purpose of reviewing the plan, the plan
23may be implemented and the additional amount may be allocated as proposed by the
24department corporation. If, within 14 working days after the date of the
25department's corporation's submittal, the cochairpersons of the committee notify the

1department corporation that the committee has scheduled a meeting for the purpose
2of reviewing the proposed plan, the plan may be implemented and the additional
3amount allocated only upon approval of the committee.
AB40, s. 3415 4Section 3415. 560.703 (1) (b), (2) and (3) of the statutes are renumbered
5238.303 (1) (b), (2) and (3) and amended to read:
AB40,1206,116 238.303 (1) (b) The department corporation may submit to the joint committee
7on finance a request in writing to exceed the total tax benefits specified in par. (a).
8The department corporation shall submit with its request a justification for seeking
9an increase under this paragraph. The joint committee on finance, following its
10review, may approve or disapprove an increase in the total tax benefits available to
11be allocated under ss. 560.701 to 560.706 238.301 to 238.306.
AB40,1206,18 12(2) Authority to claim tax benefits. The department corporation may
13authorize a person certified under s. 560.701 238.301 (2) to claim tax benefits only
14after the person has submitted a report to the department corporation that
15documents to the satisfaction of the department corporation that the person has
16complied with the terms of the contract under s. 560.701 238.301 (3) and the
17requirements of any applicable rules promulgated adopted under s. 560.706 238.306
18(2).
AB40,1206,21 19(3) Notice of eligibility. The department corporation shall provide to the
20person and to the department of revenue a notice of eligibility to receive tax benefits
21that reports the amount of tax benefits for which the person is eligible.
AB40, s. 3416 22Section 3416. 560.704 of the statutes is renumbered 238.304, and 238.304
23(intro.) and (1), as renumbered, are amended to read:
AB40,1207,3 24238.304 Eligible activities in economically distressed areas and
25benefiting members of targeted groups.
(intro.) The department corporation

1may authorize a person certified under s. 560.701 238.301 (2) to claim additional tax
2benefits under s. 560.703 238.303 if, after conducting an investigation, the
3department corporation determines any of the following:
AB40,1207,7 4(1) The person conducts at least one eligible activity in an area designated by
5the department corporation as economically distressed. In designating an area as
6economically distressed under this subsection, the department corporation shall
7follow the methodology established by rule under s. 560.706 238.306 (2) (e).
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