SB21: Bill Text

SB21,1459,4 (5) Accept gifts, grants, loans, or other contributions from private or public sources.

SB21,1459,6 (6) Establish the authority's annual budget and monitor the fiscal management of the authority.

SB21,1459,8 (7) Make equity investments and execute contracts, securities, mortgages, and other instruments required for the operation of the authority.

SB21,1459,10 (8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.

SB21,1459,11 (9) Issue notes, bonds, and any other obligations.

SB21,1459,12 (10) Make loans and provide grants.

SB21,1459,13 (11) Incur debt.

SB21,1459,14 (12) Procure liability insurance.

SB21,1459,18 (13) Enter into agreements regarding compensation, space, and other administrative matters as are necessary to operate offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.

SB21,1459,20 (14) Agree and comply with any conditions attached to federal financial assistance.

SB21,1460,2 (15) Lease real or personal property and to accept federal funds for and participate in such federal housing programs as are enacted on May 4, 1976, or at any future time, except that the authority may not accept without the consent of the governor federal funds under federal housing programs enacted after May 8, 1982, if issuance of the authority's bonds or notes is not required to participate in the programs.

SB21,1460,3 (16) Establish and maintain a corporation organized under ch. 180 or 181.

SB21,1460,11 235.013 Duties of the board; mission. The board shall develop and implement economic development programs, and housing programs and projects, to provide business, housing, and other support and expertise and assistance to persons that are investing or creating jobs in Wisconsin, to support new business start-ups, business expansion and growth, and home ownership in Wisconsin, and to provide single and multifamily housing to persons and families of low and moderate income in Wisconsin. The board may also develop and implement any other programs and projects related to economic development or housing in Wisconsin.

SB21,3935 Section 3935. 235.0279 (3) of the statutes is created to read:

SB21,1460,16 235.0279 (3) Records consisting of information on the In Force Network or other similar customer relationship management system maintained by the authority, unless the information was published to the In Force Network or other system by the authority or another economic development organization.

SB21,3936 Section 3936. Subchapter II (title) of chapter 235 [precedes 235.03] of the statutes is created to read:

SB21,1460,19 chapter 235

SB21,1460,20 Subchapter iI

SB21,1460,21 Economic Development

SB21,3937 Section 3937. 235.03 (3) (ad), (ah), (ap) and (at) of the statutes are created to read:

SB21,1461,4 235.03 (3) (ad) That each recipient of a grant or loan under the program of at least $500,000 shall engage an independent certified public accountant to perform procedures, approved by the authority and consistent with applicable professional standards of the American Institute of Certified Public Accountants, to determine whether the grant or loan funds and any matching cash or in-kind match were expended in accordance with the grant or loan contract.

SB21,1461,6 (ah) That each recipient make available for inspection the documents supporting the attestation submitted under par. (a).

SB21,1461,8 (ap) That the contract with each grant or loan recipient shall include the requirements under pars. (a) to (ah).

SB21,1461,12 (at) The requirements of pars. (a) to (ap) do not apply to a department, as defined in s. 15.01 (5), an independent agency, as defined in s. 15.01 (9), an authority created under subch. II of ch. 114 or under ch. 231, 233, 235, 237, or 279, or the University of Wisconsin System.

SB21,3938 Section 3938. 235.137 of the statutes is created to read:

SB21,1461,18 235.137 Regional revolving loan fund grant program. From the appropriation under s. 20.885 (3) (am), and from moneys transferred by the authority from existing programs, the authority shall establish a regional revolving loan fund grant program. The authority shall establish policies and procedures relating to the program, including all of the following:

SB21,1461,20 (1) Grants shall be awarded to multicounty regions in proportionate amounts based upon the percentage of the state population residing within each region.

SB21,1461,22 (2) Grants shall be awarded only to regional organizations having sufficient private sector involvement, as determined by the authority.

SB21,1461,24 (3) The authority shall approve the structure, regional investment strategy, and administrative guidelines of regional loan funds.

SB21,1462,3 (4) Each regional organization awarded a grant shall, at a time determined by the authority, make a report to the authority containing information required by the authority.

SB21,1462,6 (5) For each regional organization awarded a grant, the authority may annually assess a fee as a percentage of the moneys managed to the extent necessary to reimburse the authority for costs incurred for oversight and management.

SB21,3939 Section 3939. 235.16 (6) of the statutes is created to read:

SB21,1462,9 235.16 (6) Sunset. The authority may not award any tax benefits under this section after June 30, 2015.

SB21,3940 Section 3940. 235.17 (1) (b) of the statutes is created to read:

SB21,1462,16 235.17 (1) (b) The authority may not certify a person for a tax credit under this subsection if the person is not subject to the taxes imposed under s. 71.02, 71.08, 71.23, or 71.43, except that the authority may certify a nonprofit entity described under section 501 (c) (3) of the Internal Revenue Code for a tax credit under this subsection if the entity intends to sell or otherwise transfer the credit, as provided under s. 71.07 (9m) (h), 71.28 (6) (h), or 71.47 (6) (h).

SB21,3941 Section 3941. 235.17 (2) of the statutes is created to read:

SB21,1462,19 235.17 (2) The authority may certify up to $10,000,000 in tax credits under sub. (1) in any calendar year.

SB21,3942 Section 3942. 235.17 (3) of the statutes is created to read:

SB21,1462,23 235.17 (3) In determining whether to certify a person for a tax credit under sub. (1), the authority shall consider all of the following with respect to the activity for which the tax credit is claimed:

SB21,1462,24 (a) The number of full-time jobs that may be created.

SB21,1463,2 (b) The anticipated benefit to the state of the activity relative to the cost to the state of the tax credit.

SB21,1463,3 (c) The projected impact of the activity on the local economy.

SB21,1463,5 (d) Whether the activity or investments associated with the activity would occur without the tax credit.

SB21,1463,7 (e) The number of tax credits that have been certified under sub. (1) in the same county or municipality in prior years.

SB21,3942d Section 3942d. 235.17 (4) of the statutes is created to read:

SB21,1463,16 235.17 (4) For 4 years following receipt of a tax credit under sub. (1), the original claimant shall report to the authority the total number of full-time jobs created by the activity for which the credit was claimed. The authority shall report to the department of revenue, at least once each calendar quarter, any claimant whose activity created fewer full-time jobs than projected under sub. (3) (a). The authority shall report to the department of revenue the name, address, and tax identification number of the claimant, and the number of full-time jobs projected and created.

SB21,3943 Section 3943. 235.17 (5) of the statutes is created to read:

SB21,1463,19 235.17 (5) The authority shall adopt policies and procedures for the administration of this section, including all of the following:

SB21,1463,20 (a) Process by which applicants may apply for certification under sub. (1).

SB21,1463,21 (b) Certification of the tax credit, in accordance with sub. (3).

SB21,1463,22 (c) Reporting requirements for certified claimants.

SB21,1463,23 (d) Process and criteria for revocation of certification.

SB21,3944 Section 3944. 235.30 (7) (e) of the statutes is created to read:

SB21,1464,2 235.30 (7) (e) In s. 235.308, "tax benefits" means the business development tax credit under ss. 71.07 (3y), 71.28 (3y), and 71.47 (3y).

SB21,3945 Section 3945. 235.303 (4) of the statutes is created to read:

SB21,1464,5 235.303 (4) Sunset. The corporation may not award any tax benefits under ss. 238.301 to 238.306 after June 30, 2015.

SB21,3946 Section 3946. 235.308 of the statutes is created to read:

SB21,1464,8 235.308 Business development tax credit. (1) Definition. In this section, "eligible position" means a full-time job offered by a person certified under sub. (2).

SB21,1464,10 (2) Certification. (a) The authority may certify a person to receive tax benefits under this section if all of the following apply:

SB21,1464,11 1. The person is operating or intends to operate a business in this state.

SB21,1464,13 2. The person applies under this section and enters into a contract with the authority.

SB21,1464,15 (b) The certification of a person under par. (a) may remain in effect for no more than 10 cumulative years.

SB21,1464,21 (3) Eligibility for tax benefits. A person is eligible to receive tax benefits if, in each year for which the person claims tax benefits under this section, the person increases net employment in this state in the person's business above the net employment in this state in the person's business during the year before the person was certified under sub. (2), as determined by the authority under its policies and procedures.

SB21,1464,23 (4) Awards, limits, expiration. (a) The authority may award all of the following tax benefits to a person certified under sub. (2):

SB21,1464,25 1. An amount equal to up to 10 percent of the amount of wages that the person paid to an employee in an eligible position in the taxable year.

SB21,1465,4 2. An amount equal to up to 5 percent of the amount of wages that the person paid to an employee in an eligible position in the taxable year, if the eligible position is offered at the claimant's business in an economically distressed area, as determined by the authority.

SB21,1465,9 3. An amount equal to up to 50 percent of the person's training costs incurred to undertake activities to enhance an employee's general knowledge, employability, and flexibility in the workplace; to develop skills unique to the person's workplace or equipment; or to develop skills that will increase the quality of the person's product.

SB21,1465,14 4. An amount equal to up to 3 percent of the person's personal property investment and 5 percent of the person's real property investment in a capital investment project, if the project involves a total capital investment of at least $1,000,000 or, if less than $1,000,000, the project involves a capital investment that is equal to at least $10,000 per employee employed on the project.

SB21,1465,20 5. An amount, as determined by the authority, equal to a percentage of the amount of wages that the person paid to an employee in an eligible position in the taxable year, if the eligible position was created or retained in connection with the person's location or retention of the person's corporate headquarters in Wisconsin and the job duties associated with the eligible position involve the performance of corporate headquarters functions.

SB21,1465,23 (b) Subject to a reallocation by the authority under s. 235.15 (3) (d), the authority may allocate up to $10,000,000 in tax benefits under this section in any calendar year. Any unused allocation may be carried forward.

SB21,1465,25 (5) Duties. (a) The authority shall notify the department of revenue, on at least a quarterly basis, when the authority certifies a person to receive tax benefits.

SB21,1466,2 (b) The authority shall notify the department of revenue within 30 days of revoking a certification made under sub. (2).

SB21,1466,5 (c) The authority may require a person to repay any tax benefits the person claims for a year in which the person failed to maintain an eligible position required by an agreement under sub. (2) (b).

SB21,1466,8 (d) The authority shall determine the maximum amount of the tax credits under ss. 71.07 (3y), 71.28 (3y), and 71.47 (3y) that a certified business may claim and shall notify the department of revenue of this amount on at least a quarterly basis.

SB21,1466,10 (e) The authority shall annually verify the information submitted to it by the person claiming tax benefits under ss. 71.07 (3y), 71.28 (3y), and 71.47 (3y).

SB21,1466,12 (f) The authority shall adopt policies and procedures for the implementation and operation of this section.

SB21,3947 Section 3947. 235.609 of the statutes is created to read:

SB21,1466,16 235.609 Bonds for certain mortgages and securities and for the housing development fund. The authority may issue its negotiable notes and bonds to do any of the following:

SB21,1466,20 (1) Purchase certain mortgages and securities and make secured loans for housing for persons and families of low and moderate income, for the rehabilitation of existing structures, and for the construction of facilities appurtenant to existing structures consistent with the provisions and purposes of this chapter.

SB21,1466,22 (2) Make secured loans to assist eligible elderly homeowners in paying property taxes and special assessments.

SB21,1466,24 (3) Provide moneys for the housing development fund in order to make temporary loans to sponsors of housing projects as provided in this subchapter.

SB21,3948 Section 3948. 236.13 (2m) of the statutes is amended to read:

SB21,1467,14 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any lake, any navigable stream, or any other body of navigable water or if land in the proposed plat involves lake or navigable stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of safety and professional services, and to protect the public health and safety, may require assurance of adequate drainage areas for private on-site wastewater treatment systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

SB21,3949 Section 3949. 237.07 (3) (a) of the statutes is amended to read: