SB94: Bill Text

SB94,30,16 (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.

SB94,30,22 (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.

SB94,30,24 2. The amount of the carry-forward computed under subd. 1. shall be reduced by the amount of any credit transferred under par. (e).

SB94,31,8 (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.

SB94,31,10 (f) Administration. 1. Section 71.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB94,31,11 2. The department shall promulgate rules to administer this subsection.

SB94, s. 57 Section 57. 71.49 (1) (dn) of the statutes is created to read:

SB94,31,13 71.49 (1) (dn) Badger jobs fund bonds credit under s. 71.47 (8s).

SB94, s. 58 Section 58. 73.033 of the statutes is created to read:

SB94,31,20 73.033 Jobs now fund and badger jobs fund investments; withholding tax determinations. (1) (a) The department of revenue, in consultation with the Wisconsin Venture Capital Authority created under ch. 239, shall determine the amount of the withholding taxes under subch. X of ch. 71 paid by each business that receives an investment under s. 239.13 (2) for the year prior to the first year in which each business receives the investment.

SB94,32,3 (b) Each year, for 15 years following the first year in which a business receives an investment under s. 239.13 (2), the department shall credit to the appropriation account under s. 20.195 (1) (g) an amount equal to 50 percent of the increase, if any, in withholding taxes under subch. X of ch. 71 paid by all businesses that receive investments under s. 239.13 (2) over the amount determined for all such businesses under par. (a). The department shall credit the amounts determined under this subsection on a quarterly basis based on its estimate of the total annual increase in the withholding taxes described in this subsection.

SB94,32,8 (2) (a) The department of revenue, in consultation with the Wisconsin Venture Capital Authority created under ch. 239, shall determine the amount of the withholding taxes under subch. X of ch. 71 paid by each business that receives an investment under s. 239.23 (2) for the year prior to the first year in which each business receives the investment.

SB94,32,16 (b) Each year, for 15 years following the first year in which a business receives an investment under s. 239.23 (2), the department shall credit to the appropriation account under s. 20.195 (1) (g) an amount equal to 50 percent of the increase, if any, in withholding taxes under subch. X of ch. 71 paid by all businesses that receive investments under s. 239.23 (2) over the amount determined for all such businesses under par. (a). The department shall credit the amounts determined under this subsection on a quarterly basis based on its estimate of the total annual increase in the withholding taxes described in this subsection.

SB94, s. 59 Section 59. 76.634 of the statutes is created to read:

SB94,32,19 76.634 Credit for jobs now fund investments. (1) Definitions. In this section:

SB94,32,20 (a) "Allocation date" has the meaning given in s. 239.20 (2).

SB94,32,21 (b) "Certified jobs now fund" has the meaning given in s. 239.20 (3).

SB94,32,22 (c) "Designated capital" has the meaning given in s. 239.20 (4).

SB94,33,3 (2) Credit. Subject to the limitations provided in this section and s. 239.22, for taxable years beginning after December 31, 2013, an insurer who makes an investment of designated capital and who has been awarded a credit under s. 239.22 (2) (a), may claim as a credit against the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67, up to the amount of such fees, the amount determined under s. 239.22 (2) (b).

SB94,33,9 (3) Carry-forward. If the credit under sub. (2) is not entirely offset against the fees under s. 76.60, 76.63, 76.65, 76.66 or 76.67 otherwise due, the unused balance may be carried forward and credited against those fees in the following years to the extent that it is not offset by those fees otherwise due in all the years between the year in which the initial credit is claimed and the year in which the carry-forward credit is claimed.

SB94,33,17 (4) Recapture. If a certified jobs now fund in which the insurer's designated capital has been invested is decertified under s. 239.26 (2) (b) and the jobs now fund has not made the investments required under s. 239.23 (4) (a) and (b) within 4 years after the allocation date for the insurer's investment, any insurer that has received a credit under this section with the same allocation date with respect to such decertified jobs now fund shall repay the credit amount to the commissioner of insurance, for deposit into the general fund, and may not claim any more credits under this section with respect to the decertified jobs now fund.

SB94,34,3 (5) Sale of credit. An insurer who is awarded a credit under s. 239.22 (2) (a), or to whom a credit is sold or transferred as provided under this subsection, may sell or otherwise transfer the credit to another insurer who is subject to the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67 if the insurer notifies the commissioner of insurance and the Wisconsin Venture Capital Authority created under ch. 239 of the sale or transfer and includes with the notification a copy of the sale or transfer documents. If a credit that has been sold or transferred under this subsection is subject to recapture under sub. (4), the person who claimed the credit is liable for the repayment provided under sub. (4). No credit may be sold or transferred under this subsection until 180 days after the date on which the person becomes eligible to claim the credit.

SB94, s. 60 Section 60. 76.67 (2) of the statutes is amended to read:

SB94,34,14 76.67 (2) If any domestic insurer is licensed to transact insurance business in another state, this state may not require similar insurers domiciled in that other state to pay taxes greater in the aggregate than the aggregate amount of taxes that a domestic insurer is required to pay to that other state for the same year less the credits under ss. 76.634, 76.635, 76.636, 76.637, 76.638, and 76.655, except that the amount imposed shall not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under s. 76.62, less offsets allowed under s. 646.51 (7) or under ss. 76.634, 76.635, 76.636, 76.637, 76.638, and 76.655 against that total, and except that the amount imposed shall not be less than the amount due under s. 601.93.

SB94, s. 61 Section 61. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,34,21 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Economic Development Corporation, the Wisconsin Venture Capital Authority, and the Fox River Navigational System Authority.

SB94, s. 62 Section 62. 77.92 (4) of the statutes is amended to read:

SB94,35,13 77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed 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), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), and (8r), and (8s); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

SB94, s. 63 Section 63. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,35,25 100.45 (1) (dm) "State agency" means any 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 which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Venture Capital Authority, and the Fox River Navigational System Authority.

SB94, s. 64 Section 64. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,36,13 101.177 (1) (d) "State agency" means any 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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Venture Capital Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

SB94, s. 65 Section 65. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB94,36,25 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB94, s. 66 Section 66. Chapter 239 of the statutes is created to read:

SB94,37,4 Chapter 239 WISCONSIN VENTURE CAPITAL AUTHORITY

SB94,37,6 Subchapter I General provisions

SB94,37,7 239.01 Definitions. In this chapter, except as otherwise provided:

SB94,37,8 (1) "Authority" means the Wisconsin Venture Capital Authority.

SB94,37,9 (2) "Board" means the board of directors of the authority.

SB94,37,12 239.02 Creation and organization of authority. (1) There is created a public body corporate and politic to be known as the "Wisconsin Venture Capital Authority." The members of the board shall consist of the following:

SB94,37,14 (a) The chief executive officer of the Wisconsin Economic Development Corporation.

SB94,37,17 (b) Four persons from the private sector, at least 3 of whom shall have venture capital, investment banking, or substantial entrepreneurial experience, nominated by the governor and appointed with the advice and consent of the senate.

SB94,37,19 (c) One member appointed by the speaker of the assembly who shall have venture capital, investment banking, or substantial entrepreneurial experience.

SB94,37,21 (d) One member appointed by the senate majority leader who shall have venture capital, investment banking, or substantial entrepreneurial experience.

SB94,37,23 (2) The members of the board appointed by the governor, the speaker of the assembly, and the senate majority leader shall serve 3-year terms.

SB94,38,2 (3) A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the members present.

SB94,38,4 (4) A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

SB94,38,7 (5) A member of the board may not be compensated for the member's services but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of the member's duties.

SB94,38,11 (6) No cause of action may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of the member's powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

SB94,38,13 (7) Annually, the governor shall appoint one member as chairperson of the board.

SB94,38,18 (8) The board may hire an executive director. The board may delegate to the executive director or any other employee of the authority any powers or duties the board considers proper. All powers and duties assigned to the authority under this chapter shall be exercised or carried out by the board, unless the board delegates the power or duty to an employee of the authority.

SB94,38,22 239.03 Powers of authority. The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the authority under this chapter, the authority may specifically:

SB94,38,24 (1) Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

SB94,38,25 (2) Have a seal and alter the seal at pleasure.

SB94,39,1 (3) Maintain an office.

SB94,39,2 (4) Sue and be sued.

SB94,39,4 (5) Accept gifts, grants, loans, or other contributions from private or public sources.

SB94,39,6 (6) Establish the annual budget of the authority and monitor its fiscal management.

SB94,39,9 (7) Execute contracts and other instruments required for the operation of the authority, including contracts with the Wisconsin Economic Development Corporation.

SB94,39,11 (8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.

SB94,39,12 (9) Issue notes, bonds, and any other obligations.

SB94,39,13 (10) Make loans and provide grants.

SB94,39,14 (11) Incur debt.

SB94,39,15 (12) Procure liability insurance.

SB94,39,19 239.04 Liability limited. Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within the scope of employment or agency, is liable for any debt, obligation, act, or omission of the authority.

SB94,39,23 239.05 Annual report. Annually, the authority shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and to the governor, a report on the programs administered by the authority that includes all of the following:

SB94,39,25 (1) General reporting requirements. For each program administered by the authority, the report shall include all of the following:

SB94,40,1 (a) An assessment of the program's success to date.

SB94,40,3 (b) An accounting of the financial status of the program, including the opinion of an independent certified public accountant.

SB94,40,4 (c) Any recommendations the authority has for improvement of the program.

SB94,40,7 (2) Badger jobs fund. In addition to the information provided under sub. (1), the authority's annual report shall include all of the following for the badger jobs fund administered by the authority under subch. II:

SB94,40,8 (a) The current investment policy of the badger jobs fund.

SB94,40,10 (b) The badger jobs fund's internal rate of return from its investments in certified investors.

SB94,40,12 (c) An accounting of the revenue received by the authority under s. 73.033 (1) (b).

SB94,40,14 (d) An accounting of any compensation, including a management fee, paid to the fund manager during the preceding year.

SB94,40,18 (e) An accounting of the value of tax credits awarded to creditors of the badger jobs fund under s. 239.14 during the preceding year, including a description of the circumstances leading to the award of the credits and the likelihood that the authority will award additional tax credits to fund creditors in the future.

SB94,40,21 (f) For each certified investor in whom the badger jobs fund invested capital under s. 239.13 (2) during the preceding year, the name and address of the investor and the amount of each investment.

SB94,40,22 (g) The internal rate of return realized by each certified investor.

SB94,40,24 (h) An accounting of any fee each certified investor paid to itself or any principal or manager of the certified investor during the preceding year.

SB94,41,7 (i) For each business in which a certified investor held an investment of capital from the badger jobs fund during the preceding year, the name and address of the business and a description of the nature of the business; the amount of each investment in the business; an identification of the certified investor who made the investment; and a statement of the number of employees the business employed when the certified investor first invested in the business and the number of employees the business employed on December 31 of the preceding year.

SB94,41,10 (3) Certified jobs now fund program. In addition to the information provided under sub. (1), the authority's annual report shall include all of the following for the certified jobs now fund program under subch. III:

SB94,41,11 (a) The information required under s. 239.25 (2).

SB94,41,13 (b) An accounting of the value of each tax credit the authority awarded under s. 239.22 (2) during the preceding year.

SB94,41,15 (c) An accounting of the revenue received by the authority under s. 73.033 (2) (b).

SB94,41,17 (d) An accounting of each profit sharing fee paid to the authority under s. 239.24 (2) during the preceding year.

SB94,41,20 (e) A list of certified jobs now funds that the authority decertified under s. 239.26 (2) during the preceding year and a description of the circumstances leading to each decertification.

SB94,41,21 subchapter II

SB94,41,22 Badger jobs fund