AB40: Bill Text

AB40,1194,19 238.16 (4) (b) 1. The department corporation may award to a person certified under sub. (2) tax benefits for each eligible employee in an amount equal to up to 10 percent of the wages paid by the person to that employee if that employee earned wages in the year for which the tax benefit is claimed equal to one of the following: or $10,000, whichever is less.

AB40, s. 3364 Section 3364. 560.2055 (4) (b) 1. a. and b. of the statutes are repealed.

AB40, s. 3365 Section 3365. 560.2055 (4) (b) 2. and (c) of the statutes are renumbered 238.16 (4) (b) 2. and (c) and amended to read:

AB40,1195,2 238.16 (4) (b) 2. The department corporation may award to a person certified under sub. (2) tax benefits in an amount to be determined by the department by rule corporation for costs incurred by the person to undertake the training activities described in sub. (3) (c).

AB40,1195,5 (c) Subject to a reallocation by the department corporation pursuant to rules promulgated adopted under s. 560.205 238.215 (3) (d), the department corporation may allocate up to $5,000,000 in tax benefits under this section in any calendar year.

AB40, s. 3366 Section 3366. 560.2055 (5) of the statutes is renumbered 238.16 (5), and 238.16 (5) (title), (a), (b), (c), (d), (e) and (f) (intro.) and 1. (intro.), as renumbered, are amended to read:

AB40,1195,11 238.16 (5) (title) Duties of the department corporation. (a) The department of commerce corporation shall notify the department of revenue when the department of commerce corporation certifies a person to receive tax benefits.

AB40,1195,13 (b) The department of commerce corporation shall notify the department of revenue within 30 days of revoking a certification made under sub. (2).

AB40,1195,16 (c) The department corporation may require a person to repay any tax benefits the person claims for a year in which the person failed to maintain employment required by an agreement under sub. (2) (b).

AB40,1195,19 (d) The department corporation shall determine the maximum amount of the tax credits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q) that a certified business may claim and shall notify the department of revenue of this amount.

AB40,1195,22 (e) The department corporation shall annually verify the information submitted to the department corporation by the person claiming tax benefits under ss. 71.07 (3q), 71.28 (3q), and 71.47 (3q).

AB40,1195,25 (f) (intro.) The department corporation shall promulgate adopt rules for the implementation and operation of this section, including rules relating to the following:

AB40,1196,3 1. (intro.) The definitions of a tier I county or municipality and a tier II county or municipality. The department corporation may consider all of the following information when establishing the definitions required under this subdivision:

AB40, s. 3367 Section 3367. 560.2056 of the statutes is renumbered 238.17 and amended to read:

AB40,1196,9 238.17 Food processing plant and food warehouse investment credit. (1) The department of commerce corporation shall implement a program to certify taxpayers as eligible for the food processing plant and food warehouse investment credit under ss. 71.07 (3rn), 71.28 (3rn), and 71.47 (3rn).

AB40,1196,16 (2) If the department of commerce corporation certifies a taxpayer under sub. (1), the department of commerce corporation shall determine the amount of credits to allocate to that taxpayer. The total amount of food processing plant and food warehouse investment credits allocated to taxpayers in fiscal year 2009-10 may not exceed $600,000 and the total amount of food processing plant and food warehouse investment credits allocated to taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed $700,000.

AB40,1196,19 (3) The department of commerce corporation shall inform the department of revenue of every taxpayer certified under sub. (1) and the amount of credits allocated to the taxpayer.

AB40,1196,21 (4) The department of commerce corporation, in consultation with the department of revenue, shall promulgate adopt rules to administer this section.

AB40, s. 3368 Section 3368. 560.206 of the statutes is renumbered 41.155, and 41.155 (4), as renumbered, is amended to read:

AB40,1196,25 41.155 (4) The department of commerce tourism, in consultation with the department of revenue, shall promulgate rules to administer this section.

AB40, s. 3369 Section 3369. 560.207 of the statutes is renumbered 93.535 and amended to read:

AB40,1197,7 93.535 Dairy manufacturing facility investment credit. (1) The department of commerce shall implement a program to certify taxpayers, including taxpayers who are members of dairy cooperatives, as eligible for the dairy manufacturing facility investment credit under ss. 71.07 (3p), 71.28 (3p), and 71.47 (3p).

AB40,1197,19 (2) If the department of commerce certifies a taxpayer under sub. (1), the department of commerce shall determine the amount of credits to allocate to that taxpayer. The total amount of dairy manufacturing facility investment credits allocated to taxpayers in fiscal year 2007-08 may not exceed $600,000 and the total amount of dairy manufacturing facility investment credits allocated to taxpayers who are not members of dairy cooperatives in fiscal year 2008-09, and in each fiscal year thereafter, may not exceed $700,000. The total amount of dairy manufacturing facility investment credits allocated to taxpayers who are members of dairy cooperatives in fiscal year 2009-10 may not exceed $600,000 and the total amount of dairy manufacturing facility investment credits allocated to taxpayers who are members of dairy cooperatives in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed $700,000.

AB40,1197,22 (3) The department of commerce shall inform the department of revenue of every taxpayer certified under sub. (1) and the amount of credits allocated to the taxpayer.

AB40,1197,24 (4) The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section.

AB40, s. 3370 Section 3370. 560.208 of the statutes is renumbered 238.19 and amended to read:

AB40,1198,6 238.19 Meat processing facility investment credit. (1) The department of commerce corporation shall implement a program to certify taxpayers as eligible for the meat processing facility investment credit under ss. 71.07 (3r), 71.28 (3r), and 71.47 (3r).

AB40,1198,13 (2) If the department of commerce corporation certifies a taxpayer under sub. (1), the department of commerce corporation shall determine the amount of credits to allocate to that taxpayer. The total amount of meat processing facility investment credits allocated to taxpayers in fiscal year 2009-10 may not exceed $300,000 and the total amount of meat processing facility investment credits allocated to taxpayers in fiscal year 2010-11, and in each fiscal year thereafter, may not exceed $700,000.

AB40,1198,16 (3) The department of commerce corporation shall inform the department of revenue of every taxpayer certified under sub. (1) and the amount of credits allocated to the taxpayer.

AB40,1198,18 (4) The department of commerce corporation, in consultation with the department of revenue, shall promulgate adopt rules to administer this section.

AB40, s. 3371 Section 3371. 560.2085 of the statutes is renumbered 238.20, and 238.20 (1) (intro.), (2) and (3), as renumbered, are amended to read:

AB40,1199,2 238.20 (1) (intro.) The department corporation shall implement a program to certify qualified new business ventures for purposes of s. 71.05 (24). A business desiring certification shall submit an application to the department corporation in each taxable year for which the business desires certification. Subject to sub. (2), a business may be certified under this subsection, and may maintain such certification, only if the business is engaged in one of the following:

AB40,1199,7 (2) The department corporation may not certify a business under sub. (1) if the business is engaged in real estate development, insurance, banking, lending, lobbying, political consultation, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail sales, leisure, hospitality, transportation, or construction.

AB40,1199,10 (3) (a) The department corporation shall maintain a list of businesses certified under sub. (1) and shall permit public access to the lists through the department's corporation's Internet Web site.

AB40,1199,13 (b) The department of commerce corporation shall notify the department of revenue of every certification issued under sub. (1) and the date on which a certification under sub. (1) is revoked or expires.

AB40, s. 3372 Section 3372. 560.209 of the statutes is renumbered 238.21 and amended to read:

AB40,1199,19 238.21 Woody biomass harvesting and processing credit. (1) The department of commerce corporation shall implement a program to certify taxpayers as eligible for the woody biomass harvesting and processing credit under ss. 71.07 (3rm), 71.28 (3rm), and 71.47 (3rm).

AB40,1200,2 (2) If the department of commerce corporation certifies a taxpayer under sub. (1), the department of commerce corporation shall determine the amount of credits to allocate to that taxpayer. The total amount of woody biomass harvesting and processing credits allocated to taxpayers in any fiscal year may not exceed $900,000. In each fiscal year, the department of commerce corporation shall allocate $450,000 in tax credits to businesses that, individually, have no more than $5,000,000 in gross receipts from doing business in this state for the taxable year in which the credit is claimed.

AB40,1200,5 (3) The department of commerce corporation shall inform the department of revenue of every taxpayer certified under sub. (1) and the amount of credits allocated to the taxpayer.

AB40,1200,7 (4) The department of commerce corporation, in consultation with the department of revenue, shall promulgate adopt rules to administer this section.

AB40, s. 3373 Section 3373. 560.21 of the statutes is repealed.

AB40, s. 3374 Section 3374. 560.25 of the statutes is repealed.

AB40, s. 3375 Section 3375. 560.255 of the statutes is repealed.

AB40, s. 3376 Section 3376. 560.27 of the statutes is repealed.

AB40, s. 3377 Section 3377. 560.275 of the statutes is repealed.

AB40, s. 3378 Section 3378. 560.276 of the statutes is repealed.

AB40, s. 3379 Section 3379. 560.277 of the statutes is repealed.

AB40, s. 3380 Section 3380. 560.28 of the statutes is repealed.

AB40, s. 3381 Section 3381. 560.285 of the statutes is repealed.

AB40, s. 3382 Section 3382. 560.29 of the statutes is repealed.

AB40, s. 3383 Section 3383. Subchapter II (title) of chapter 560 [precedes 560.30] of the statutes is repealed.

AB40, s. 3384 Section 3384. 560.30 of the statutes is repealed.

AB40, s. 3385 Section 3385. 560.301 of the statutes is repealed.

AB40, s. 3386 Section 3386. 560.302 of the statutes is repealed.

AB40, s. 3387 Section 3387. 560.303 of the statutes is repealed.

AB40, s. 3388 Section 3388. 560.304 of the statutes is repealed.

AB40, s. 3389 Section 3389. 560.305 of the statutes is repealed.

AB40, s. 3390 Section 3390. Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes is repealed.

AB40, s. 3391 Section 3391. 560.41 of the statutes is repealed.

AB40, s. 3392 Section 3392. 560.42 of the statutes is repealed.

AB40, s. 3393 Section 3393. 560.43 of the statutes is repealed.

AB40, s. 3394 Section 3394. 560.44 of the statutes is repealed.

AB40, s. 3395 Section 3395. 560.45 of the statutes is renumbered 490.05, and 490.05 (1), as renumbered, is amended to read:

AB40,1201,11 490.05 (1) The department may award a grant from the appropriations under s. 20.143 20.165 (1) (ie), (ig), (im), and (ir) to a business for innovation and research assistance.

AB40, s. 3396 Section 3396. Subchapter IV (title) of chapter 560 [precedes 560.51] of the statutes is repealed.

AB40, s. 3397 Section 3397. 560.51 of the statutes is repealed.

AB40, s. 3398 Section 3398. 560.53 of the statutes is repealed.

AB40, s. 3399 Section 3399. 560.54 of the statutes is repealed.

AB40, s. 3400 Section 3400. Subchapter V (title) of chapter 560 [precedes 560.60] of the statutes is repealed.

AB40, s. 3401 Section 3401. 560.60 of the statutes is repealed.

AB40, s. 3402 Section 3402. 560.602 of the statutes is repealed.

AB40, s. 3403 Section 3403. 560.605 of the statutes is repealed.

AB40, s. 3404 Section 3404. 560.607 of the statutes is repealed.

AB40, s. 3405 Section 3405. 560.61 of the statutes is repealed.

AB40, s. 3406 Section 3406. 560.68 of the statutes is repealed.

AB40, s. 3407 Section 3407. Subchapter VI (title) of chapter 560 [precedes 560.70] of the statutes is repealed.

AB40, s. 3408 Section 3408. 560.70 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7) of the statutes are renumbered 238.30 (intro.), (2), (2g), (2m), (3), (4), (4m), (5), (6) and (7), and 238.30 (intro.), (2g), (2m) (b), (4) and (7) (b) 1. and 2., (c) and (d), as renumbered, are amended to read:

AB40,1202,8 238.30 Definitions. (intro.) In this section and ss. 560.71 to 560.795 238.31 to 238.395:

AB40,1202,9 (2g) "Eligible activity" means an activity described under s. 560.702 238.302.

AB40,1202,16 (2m) (b) The department may by rule specify corporation may adopt a rule specifying circumstances under which the department corporation may grant exceptions to the requirement under par. (a) that a full-time job means a job in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time job mean a job in which an individual, as a condition of employment, is required to work less than 37.5 hours per week.

AB40,1202,19 (4) "Local governing body" means the governing body of one or more cities, villages, towns, or counties or the elected governing body of a federally recognized American Indian tribe or band in this state.

AB40,1202,25 (7) (b) 1. Except as provided in subd. 2., in s. 560.795 238.395, "tax benefits" means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di), and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636. With respect to the development opportunity zones under s. 560.795 238.395 (1) (e) and (f), "tax benefits" also means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

AB40,1203,4 2. With respect to the development opportunity zones under s. 560.795 238.395 (1) (g) and (h), "tax benefits" means the development zone credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

AB40,1203,7 (c) In s. 560.798 238.398, "tax benefits" means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the development zones credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

AB40,1203,10 (d) In ss. 560.701 to 560.706 238.301 to 238.306, "tax benefits" means the economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and 76.637.

AB40, s. 3409 Section 3409. 560.70 (1) of the statutes is repealed.

AB40, s. 3410 Section 3410. 560.701 of the statutes is renumbered 238.301, and 238.301 (1) (intro.) and (e), (2) (a) and (b) and (3) (intro.), (b), (c), (d) and (f), as renumbered, are amended to read:

AB40,1203,17 238.301 (1) Application. (intro.) Any person may apply to the department corporation on a form prepared by the department corporation for certification under this section. The application shall include all of the following: