SB94: Bill Text

SB94, s. 2 Section 2. 13.172 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,9,10 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 238, 239, or 279.

SB94, s. 3 Section 3. 13.48 (13) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,9,25 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB94, s. 4 Section 4. 13.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,10,7 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279, except that the term does not include a council or committee of the legislature.

SB94, s. 5 Section 5. 13.94 (1) (dx) of the statutes is created to read:

SB94,10,13 13.94 (1) (dx) Biennially, beginning in 2013, conduct a financial audit of the Wisconsin Venture Capital Authority and a program evaluation audit of the programs administered by the Wisconsin Venture Capital Authority under ch. 239. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

SB94, s. 6 Section 6. 13.94 (1) (mm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

SB94,10,25 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance evaluation audit of the economic development programs administered by the department of commerce, the University of Wisconsin System, the department of agriculture, trade and consumer protection, the department of natural resources, the Wisconsin Housing and Economic Development Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, the department of tourism, the technical college system, and the department of transportation. In this paragraph, economic development program has the meaning given in s. 560.001 (1m). The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

SB94, s. 7 Section 7. 13.94 (1s) (c) 6. of the statutes is created to read:

SB94,11,3 13.94 (1s) (c) 6. The Wisconsin Venture Capital Authority for the cost of the audit required to be performed under sub. (1) (dx).

SB94, s. 8 Section 8. 13.94 (4) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,11,22 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Venture Capital Authority, and the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district , and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB94, s. 9 Section 9. 13.95 (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,12,14 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB94, s. 10 Section 10. 16.002 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,12,21 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279.

SB94, s. 11 Section 11. 16.004 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,13,4 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 231, 233, 234, 237, 238, 239, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB94, s. 12 Section 12. 16.004 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,13,11 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and subch. III of ch. 149 and under chs. 231, 233, 234, 237, 238, 239, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB94, s. 13 Section 13. 16.004 (12) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,13,22 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, the Wisconsin Venture Capital Authority, and the Fox River Navigational System Authority.

SB94, s. 14 Section 14. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,14,6 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279.

SB94, s. 15 Section 15. 16.15 (1) (ab) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,14,13 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, the Wisconsin Venture Capital Authority, and the Health Insurance Risk-Sharing Plan Authority.

SB94, s. 16 Section 16. 16.41 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,14,17 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 17 Section 17 . 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Acts 7 and 10, is repealed and recreated to read:

SB94,14,21 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, 237, 239, or 279.

SB94, s. 18 Section 18 . 16.417 (1) (b) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB94,14,25 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279.

SB94, s. 19 Section 19. 16.52 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,15,13 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 20 Section 20. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,15,21 16.528 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 21 Section 21. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,16,7 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 22 Section 22. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,16,15 16.54 (9) (a) 1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 23 Section 23. 16.765 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,17,4 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB94, s. 24 Section 24. 16.765 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,17,24 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB94, s. 25 Section 25. 16.765 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,18,20 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB94, s. 26 Section 26. 16.765 (6) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,19,7 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB94, s. 27 Section 27. 16.765 (7) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,19,21 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

SB94, s. 28 Section 28. 16.765 (7) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,20,6 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

SB94, s. 29 Section 29. 16.765 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,21,3 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Venture Capital Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB94, s. 30 Section 30. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,21,16 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB94, s. 31 Section 31. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,22,8 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279.

SB94, s. 32 Section 32. 19.42 (10) (t) of the statutes is created to read:

SB94,22,14 19.42 (10) (t) The executive director of the Wisconsin Venture Capital Authority, the members of the authority's board of directors who are appointed by the speaker of the assembly and the majority leader of the senate, and the fund manager of the badger jobs fund hired by the authority under s. 239.11 (4), including all partners, members, officers, or other principals if the fund manager is an entity.

SB94, s. 33 Section 33. 19.42 (13) (p) of the statutes is created to read:

SB94,22,20 19.42 (13) (p) The executive director of the Wisconsin Venture Capital Authority, the members of the authority's board of directors who are appointed by the speaker of the assembly and the majority leader of the senate, and the fund manager of the badger jobs fund hired by the authority under s. 239.11 (4), including all partners, members, officers, or other principals if the fund manager is an entity.

SB94, s. 34 Section 34. 20.195 of the statutes is created to read:

SB94,22,23 20.195 Wisconsin Venture Capital Authority. There is appropriated to the Wisconsin Venture Capital Authority for the following program:

SB94,23,3 (1) Venture capital investment programs. (a) Establishment and operation. As a continuing appropriation, the amounts in the schedule for the establishment and operation of the Wisconsin Venture Capital Authority.

SB94,23,6 (g) Administration of the badger jobs fund. 1. All moneys received under s. 73.033 (1) (b) and (2) (b), for administration of the badger jobs fund under subch. II of ch. 239 and the jobs now fund program under subch. III of ch. 239.

SB94,23,9 2. Notwithstanding s. 20.001 (3) (c), if, at the end of a fiscal year, the authority has satisfied 100 percent of its debt with respect to the badger jobs fund, the unencumbered balance in this appropriation shall lapse to the general fund.

SB94,23,11 3. No moneys may be received in this appropriation after the badger jobs fund is dissolved under s. 239.11 (3) (a).

SB94, s. 35 Section 35. 40.02 (54) (n) of the statutes is created to read:

SB94,23,13 40.02 (54) (n) The Wisconsin Venture Capital Authority.

SB94, s. 36 Section 36. 70.11 (38v) of the statutes is created to read:

SB94,23,17 70.11 (38v) Wisconsin Venture Capital Authority. All property owned by the Wisconsin Venture Capital Authority, provided that use of the property is primarily related to the purposes of the Wisconsin Venture Capital Authority.

SB94, s. 37 Section 37. 71.05 (6) (a) 15. of the statutes is amended to read:

SB94,23,24 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), (3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k), (5r), (5rm), and (8r), and (8s) 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).

SB94, s. 38 Section 38. 71.05 (6) (a) 25. of the statutes is created to read:

SB94,24,2 71.05 (6) (a) 25. The amount of the credits received under ss. 71.07 (8s) (e), 71.28 (8s) (e), and 71.47 (8s) (e).

SB94, s. 39 Section 39. 71.05 (6) (a) 26. of the statutes is created to read:

SB94,24,6 71.05 (6) (a) 26. The amount received for the sale or transfer of credits received under ss. 71.07 (8s) (e), 71.28 (8s) (e), and 71.47 (8s) (e), including the fair market value of property received.

SB94, s. 40 Section 40. 71.05 (6) (b) 48. of the statutes is created to read:

SB94,24,14 71.05 (6) (b) 48. The amount of the credits sold or transferred to another person under s. 71.07 (8s) (e) in the taxable year that has been added to income under par. (a) 15. in the taxable year or in a previous taxable year. A partner, member of a limited liability company, or shareholder of a tax-option corporation who sells or transfers a credit may subtract the amount of the credit sold or transferred to the extent that it was included in the partner's, member's, or shareholder's distributive share of income.

SB94, s. 41 Section 41. 71.07 (8s) of the statutes is created to read:

SB94,24,17 71.07 (8s) Badger jobs fund bonds credit. (a) Definition. In this subsection, "claimant" means a person who files a claim under this subsection.

SB94,24,22 (b) Filing claims. Subject to the limitations provided in this subsection and s. 239.11, for taxable years beginning after December 31, 2016, a claimant who purchases bonds issued under s. 239.11 (2) and who has been awarded a credit under s. 239.14, may claim as a credit against the tax imposed under s. 71.02, up to the amount of the tax, the amount determined under s. 239.14.

SB94,25,6 (c) Limitations. 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 purchase of bonds issued under s. 239.11 (2) for which a credit has been awarded under s. 239.14. 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 interests.

SB94,25,12 (d) Carry-forward. 1. If a credit computed under this subsection is not entirely offset against Wisconsin income or franchise taxes otherwise due, the unused balance may be carried forward and credited against Wisconsin income or franchise taxes otherwise due for the following taxable years to the extent not offset by these taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.

SB94,25,14 2. The amount of the carry-forward computed under subd. 1. shall be reduced by the amount of any credit transferred under par. (e).

SB94,25,22 (e) Sale of credit. A person who is awarded a credit under s. 239.14, or to whom a credit is transferred as provided under this paragraph, may sell or otherwise transfer the credit to another person who is subject to the tax imposed under s. 71.02, 71.23, or 71.43 if the person notifies the department of revenue and the Wisconsin Venture Capital Authority created under ch. 239 of the transfer and includes with the notification a copy of the transfer documents. No credit may be sold or transferred under this paragraph until 180 days after the date on which the person becomes eligible to claim the credit.