AB617,162,1312
(c) The
corporation department shall, to the extent possible, give preference to
13the greatest economic need.
AB617,162,2014
(d) Notwithstanding pars. (b) and (c), the
corporation department shall
15designate as enterprise zones at least 3 areas comprising political subdivisions
16whose populations total less than 5,000 and at least 2 areas comprising political
17subdivisions whose populations total 5,000 or more but less than 30,000. In
18designating an enterprise zone under this paragraph, the
corporation department 19may consider indicators of an area's economic need and the effect of designation on
20other economic development activities.
AB617,162,22
21(5) Certification. (intro.) The
corporation department may certify for tax
22benefits any of the following:
AB617,163,223
(b) A business that relocates to an enterprise zone from outside this state, if the
24business offers compensation and benefits to its employees working in the zone for
1the same type of work that are at least as favorable as those offered to its employees
2working outside the zone, as determined by the
corporation department.
AB617,163,53
(c) 1. a. The business enters into an agreement with the
corporation 4department to claim tax benefits only for years during which the business maintains
5the increased level of personnel.
AB617,163,96
b. The business offers compensation and benefits for the same type of work to
7its employees working in the enterprise zone that are at least as favorable as those
8offered to its employees working in this state but outside the zone, as determined by
9the
corporation department.
AB617,163,1210
2. b. The business enters into an agreement with the
corporation department 11to claim tax benefits only for years during which the business maintains the capital
12investment.
AB617,163,1613
c. The business offers compensation and benefits for the same type of work to
14its employees working in the zone that are at least as favorable as those offered to
15its employees working in this state but outside the zone, as determined by the
16corporation department.
AB617,163,1817
(d) 1. The business is a manufacturer with a significant supply chain in the
18state, as determined by the
corporation department.
AB617,163,2119
(e) A business located in an enterprise zone if the business purchases tangible
20personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or
21services from Wisconsin vendors, as determined by the
corporation department.
AB617,164,5
22(5m) Additional tax benefits for significant capital expenditures. If the
23corporation department determines that a business certified under sub. (5) makes
24a significant capital expenditure in the enterprise zone, the
corporation department 25may certify the business to receive additional tax benefits in an amount to be
1determined by the
corporation department, but not exceeding 10 percent of the
2business' capital expenditures. The
corporation
department shall, in a manner
3determined by the
corporation department, allocate the tax benefits a business is
4certified to receive under this subsection over the remainder of the time limit of the
5enterprise zone under sub. (4).
AB617,164,7
6(6) (b) (intro.) The
corporation
department shall revoke a certification under
7sub. (5) if the business does any of the following:
AB617,164,118
(d) The
corporation department may require a business to repay any tax
9benefits the business claims for a year in which the business failed to maintain
10employment levels or a significant capital investment in property required by an
11agreement under sub. (5) (c).
AB617,164,1412
(e) The
corporation department shall determine the maximum amount of the
13tax credits under ss. 71.07 (3w), 71.28 (3w), and 71.47 (3w) that a certified business
14may claim and shall notify the department of revenue of this amount.
AB617,164,1715
(f) The
corporation department shall annually verify the information
16submitted to the
corporation department under ss. 71.07 (3w), 71.28 (3w), or 71.47
17(3w).
AB617,164,1918
(g) (intro.) The
corporation department shall
adopt policies and procedures 19promulgate rules specifying all of the following:
AB617,164,2220
1. (intro.) The definitions of a tier I county or municipality and a tier II county
21or municipality. The
corporation department may consider all of the following
22information when establishing the definitions required under this subdivision:
AB617,410
23Section
410. 238.3995 of the statutes is renumbered 555.3995, and 555.3995
24(1) (b) and (c), (2) (a) (intro.) and 4., (b) (intro.) and 8., (c) 1. and 2. and (d), (3) (a), (b),
1(c) and (d) 1. and 2., (4) (a) (intro.) and 10., (am), (ar), (b) 1., (c) (intro.) and (d) and
2(5), as renumbered, are amended to read:
AB617,165,33
555.3995
(1) (b) "Full-time job" has the meaning given in s.
238.30 555.30 (2m).
AB617,165,44
(c) "Target population" has the meaning given in s.
238.30 555.30 (6).
AB617,165,7
5(2) (a) (intro.) Subject to pars. (c) and (e), the
corporation department may
6designate an area as an airport development zone if the
corporation department 7determines all of the following:
AB617,165,108
4. That the airport development project is not likely to occur or continue
9without the
corporation department designation of the area as an airport
10development zone.
AB617,165,1211
(b) (intro.) In making a determination under par. (a), the
corporation 12department shall consider all of the following:
AB617,165,1313
8. Any other factors that the
corporation department considers relevant.
AB617,165,1814
(c) 1. The
corporation department may not designate as an airport development
15zone, or as any part of an airport development zone, an area that is located within
16the boundaries of an area that is designated as a development zone under s.
238.31 17555.31, as a development opportunity zone under s.
238.395 555.395, or as an
18enterprise development zone under s.
238.397 555.397.
AB617,165,2519
2. The
corporation department shall give the department of transportation the
20opportunity to review and comment on any proposed designation under this
21subsection and the department of transportation may deny any such designation if
22the department of transportation determines that the designation would
23compromise the airport's safety or utility. The department of transportation may
24also review and comment on any land use or compatibility issues related to any
25proposed designation under this subsection.
AB617,166,5
1(d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the
2corporation department shall designate as an airport development zone the area
3within the boundaries of Adams, Fond du Lac, Green Lake, Juneau, Langlade,
4Lincoln, Marathon, Marquette, Menominee, Oneida, Portage, Price, Shawano,
5Taylor, Waupaca, Waushara, Winnebago, Wood, and Vilas counties.
AB617,166,14
6(3) (a) When the
corporation department designates an area as an airport
7development zone, the
corporation department shall specify the length of time, not
8to exceed 84 months, that the designation is effective, subject to par. (d). The
9corporation department shall notify each person certified for tax benefits in an
10airport development zone, the department of revenue, the department of
11transportation, the Wisconsin Housing and Economic Development Authority, and
12the governing body of each county, city, village, town, and federally recognized
13American Indian tribe or band in which territory of the airport development zone is
14located of the designation of and expiration date of the airport development zone.
AB617,167,415
(b) When the
corporation department designates an area as an airport
16development zone, the
corporation department shall establish a limit, not to exceed
17$3,000,000, for tax benefits applicable to the airport development zone, except that
18the
corporation department shall limit the amount of tax benefits applicable to the
19airport development zone designated under sub. (2) (d) to $750,000. The total tax
20benefits applicable to all airport development zones may not exceed $9,000,000, less
21any amount allocated to technology zones under s.
238.23 555.23 (2) (b) and to
22agricultural development zones under s.
238.398 555.398 (2) (b), and except that the
23total amount allocated to all technology zones under s.
238.23 555.23 (2) (b) and to
24all agricultural development zones under s.
238.398
555.398 (2) (b), may not exceed
25$6,000,000. The
corporation department may not reallocate amounts as provided
1under this paragraph on or after January 1, 2010, except that the
corporation 2department may, after 48 months from the month of any designation under this
3section, evaluate the area designated as an airport development zone and reallocate
4the amount of available tax benefits.
AB617,167,75
(c) Annually, the
corporation department shall estimate the amount of forgone
6state revenue because of tax benefits claimed by persons in each airport development
7zone.
AB617,167,128
(d) 1. Notwithstanding the length of time specified by the
corporation 9department under par. (a), the designation of an area as an airport development zone
10shall expire 90 days after the day on which the
corporation department determines
11that the forgone tax revenues estimated under par. (c) will equal or exceed the limit
12established for the airport development zone.
AB617,167,1913
2. The
corporation department shall immediately notify each person certified
14for tax benefits in an airport development zone, the department of revenue, the
15department of transportation, the Wisconsin Housing and Economic Development
16Authority, and the governing body of each county, city, village, town, and federally
17recognized American Indian tribe or band in which territory of the airport
18development zone is located of a change in the expiration date of the airport
19development zone under this paragraph.
AB617,167,22
20(4) (a) (intro.) A person that intends to operate a place of business in an airport
21development zone may submit to the
corporation department an application and a
22business plan. The business plan shall include all of the following:
AB617,167,2423
10. Any other information required by the
corporation
department or the
24department of revenue.
AB617,168,7
1(am) A person that intends to operate a business in the airport development
2zone designated under sub. (2) (d) may submit to the
corporation department an
3application and a business plan that includes all of the information required under
4par. (a). In approving business plans submitted under this paragraph, the
5corporation department shall give higher priority to airport development projects
6located or proposed to be located in areas that have a low median household income,
7as determined by the
corporation department.
AB617,168,98
(ar) The
corporation department may not accept or approve any applications
9or business plans submitted under par. (a) on or after March 6, 2009.
AB617,168,1310
(b) 1. Except as provided in subd. 2., if the
corporation department approves
11a business plan under par. (a) or (am), the
corporation department shall certify the
12person as eligible for tax benefits. The
corporation
department shall notify the
13department of revenue within 30 days of certifying a person under this paragraph.
AB617,168,1614
(c) (intro.) The
corporation department shall revoke a person's certification
15under par. (b) when the designation of the applicable airport development zone
16expires or if the person does any of the following:
AB617,168,1817
(d) The
corporation department shall notify the department of revenue within
1830 days after revoking a certification under par. (c).
AB617,168,22
19(5) Verification of information. The
corporation department annually shall
20verify information submitted to the
corporation department under ss. 71.07 (2dm)
21and (2dx), 71.28 (1dm) and (1dx), and 71.47 (1dm) and (1dx) as it relates to airport
22development zones.
AB617,411
23Section
411. 281.60 (6) of the statutes is amended to read:
AB617,169,724
281.60
(6) Priority list. The department shall establish a priority list that
25ranks each land recycling loan program project. The department shall promulgate
1rules for determining project rankings based on the potential of projects to reduce
2environmental pollution and threats to human health and, for sites and facilities
3that are not landfills, the extent to which projects will prevent the development of
4undeveloped land by making land available for redevelopment after a cleanup is
5conducted. Before the department establishes the priority list, the department shall
6consider the recommendations of the department of administration and the
7Wisconsin Economic Development Corporation department of economic opportunity.
AB617,412
8Section
412. 281.75 (4) (b) 3. of the statutes is amended to read:
AB617,169,109
281.75
(4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233,
10234,
or 237
, or 238.
AB617,413
11Section
413. 285.59 (1) (b) of the statutes is amended to read:
AB617,169,2012
285.59
(1) (b) "State agency" means any office, department, agency, institution
13of higher education, association, society, or other body in state government created
14or authorized to be created by the constitution or any law which is entitled to expend
15moneys appropriated by law, including the legislature and the courts, the Wisconsin
16Housing and Economic Development Authority, the Bradley Center Sports and
17Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
18Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
19Authority,
the Wisconsin Economic Development Corporation, and the Wisconsin
20Health and Educational Facilities Authority.
AB617,414
21Section
414. 292.11 (7) (d) 1m. b. of the statutes is amended to read:
AB617,169,2522
292.11
(7) (d) 1m. b. An area designated by the local governmental unit if the
23area consists of 2 or more properties affected by a contiguous region of groundwater
24contamination or contains 2 or more properties that are brownfields, as defined in
25s.
238.13 555.13 (1) (a).
AB617,415
1Section
415. 292.255 of the statutes is amended to read:
AB617,170,6
2292.255 Report on brownfield efforts. The department of natural
3resources, the department of administration, and the
Wisconsin Economic
4Development Corporation department of economic opportunity shall submit a report
5evaluating the effectiveness of this state's efforts to remedy the contamination of,
6and to redevelop, brownfields, as defined in s.
238.13
555.13 (1) (a).
AB617,416
7Section
416. 292.63 (4) (cc) 2. b. of the statutes is amended to read:
AB617,170,118
292.63
(4) (cc) 2. b. An applicant that is engaged in the expansion or
9redevelopment of brownfields, as defined in s.
238.13
555.13 (1) (a), if federal or state
10financial assistance other than under this section, has been provided for that
11expansion or redevelopment.
AB617,417
12Section
417. Chapter 555 (title) of the statutes is created to read:
AB617,170,1313
chapter 555
AB617,170,1414
department of economic opportunity
AB617,418
15Section
418. 555.01 (1) of the statutes is created to read:
AB617,170,1616
555.01
(1) "Department" means the department of economic opportunity.
AB617,419
17Section
419. 555.01 (3) of the statutes is created to read:
AB617,170,1818
555.01
(3) "Secretary" means the secretary of economic opportunity.
AB617,420
19Section
420. 555.07 (2) (i) of the statutes is created to read:
AB617,170,2520
555.07
(2) (i) The number of businesses or other persons against whom the
21department, or the Wisconsin Economic Development Corporation under ch. 238,
222013 stats., has initiated an action because the business or other person is not in
23compliance with contract requirements under an economic development program
24under this chapter, and the total dollar amount that has been recovered to date as
25a result of those actions.
AB617,421
1Section
421. 555.095 of the statutes is created to read:
AB617,171,3
2555.095 Contract terms. All terms of each contract the department executes
3shall be in compliance with state law at the time the contract is executed.
AB617,422
4Section
422. 555.12 (1) (a) of the statutes is created to read:
AB617,171,55
555.12
(1) (a) "Full-time job" has the meaning given in s. 555.30 (2m).
AB617,423
6Section
423. 555.12 (2) (b) of the statutes is created to read:
AB617,171,147
555.12
(2) (b) Requires the person to repay all or a portion of, as specified in
8the agreement, the grant, loan, or tax benefits if, within 5 years after receiving the
9grant or loan or being certified to receive tax benefits, the total number of employees
10the person employs in full-time jobs in this state falls below the average number of
11employees the person employed in full-time jobs in this state during the 2 years
12immediately prior to the person receiving the grant or loan or certification to receive
13tax benefits. The department shall refer any claim for damages under this
14paragraph to the department of justice for collection.
AB617,424
15Section
424. 555.12 (2) (c) of the statutes is created to read:
AB617,171,2116
555.12
(2) (c) Requires the person to repay all or a portion of, as specified in the
17agreement, the grant, loan, or tax benefits if, within 5 years after the contract terms
18related to the grant, loan, or tax benefits have been completed, the person eliminates
19any full-time job in this state that was created as a result of the grant, loan, or tax
20benefits. The department shall refer any claim for damages under this paragraph
21to the department of justice for collection.
AB617,425
22Section
425. 555.121 of the statutes is created to read:
AB617,172,2
23555.121 Verification of information. If the department is required under
24this chapter to verify information submitted to it by a person who has been awarded
25a grant, loan, or tax credit, the department shall independently review the person's
1relevant records, including, if applicable, payroll records and audited statements of
2capital expenditures.
AB617,426
3Section
426. 555.122 of the statutes is created to read:
AB617,172,8
4555.122 Background checks. (1) Before the department executes a contract
5awarding a grant or loan or tax benefits to a person under this chapter, the
6department shall conduct a background check of the person that includes
7information concerning the person's business performance and a review of any legal
8proceedings in which the person is or was a party.
AB617,172,12
9(2) If within 90 days after completing the background check under sub. (1) the
10department has not executed the contract awarding a grant or loan or tax benefits
11to the person, the department shall conduct another background check of the person
12under sub. (1) before executing that contract.
AB617,427
13Section
427. Subchapter III of chapter 555 [precedes 555.40] of the statutes
14is created to read:
AB617,172,1515
Chapter 555
AB617,172,1716
Subchapter III
17
badger innovation corporation
AB617,172,18
18555.40 Definitions. In this subchapter:
AB617,172,20
19(1) "Badger Innovation Corporation" or, unless the context requires otherwise,
20"corporation," means the corporation specified in 16.35 (3).
AB617,172,21
21(2) "Board" means the board of directors of the Badger Innovation Corporation.
AB617,172,23
22555.41 Department duties. The department shall cooperate with the Badger
23Innovation Corporation to carry out the corporation's duties under s. 555.43.
AB617,172,25
24555.42 Board of directors. (1) The members of the board shall consist of the
25following:
AB617,173,1
1(a) The secretary, who shall act as chairperson.
AB617,173,32
(b) One representative to the assembly appointed by the speaker of the
3assembly.
AB617,173,54
(c) One representative to the assembly appointed by the minority leader of the
5assembly.
AB617,173,66
(d) One senator appointed by the majority leader of the senate.
AB617,173,77
(e) One senator appointed by the minority leader of the senate.
AB617,173,118
(f) Nine members nominated by the governor and, with the advice and consent
9of the senate, appointed for staggered 3-year terms. The members appointed under
10this subsection shall represent regional and local economic development agencies,
11private business, and other related stakeholder groups.
AB617,173,1312
(g) The secretaries of administration, revenue, and workforce development,
13who shall serve as nonvoting members.