SB468: Bill Text

SB468,351 Section 351. 238.03 (title) and (1) to (3) of the statutes are renumbered 555.03 (title) and (1) to (3), and 555.03 (title), (1), (2) (intro.) and (c) and (3) (intro.), (a) and (b) (intro.), as renumbered, are amended to read:

SB468,109,9 555.03 (title) Duties of board the department.

SB468,109,17 (1) The board department shall develop and implement economic programs to promote family-supporting jobs, to provide business support and expertise and financial assistance to companies that are investing and creating jobs in Wisconsin, and to support new business start-ups and business expansion and growth in Wisconsin. The board department may also develop and implement any other programs related to economic development in Wisconsin. The department shall emphasize programs that encourage entrepreneurship, new business start-ups, and woman-owned, disabled-veteran owned, and minority businesses.

SB468,109,19 (2) (intro.) For each program developed and implemented by the board department, the board department shall do all of the following:

SB468,109,24 (c) Require that each recipient of a grant or loan under the program submit a report to the corporation department. Each contract with a recipient of a grant or loan under the program must specify the frequency and format of the report to be submitted to the corporation department and the performance measures to be included in the report.

SB468,110,2 (3) (intro.) The board department shall require for each program developed and implemented by the board department all of the following:

SB468,110,16 (a) That each recipient of a grant or loan under the program of at least $100,000 submit to the corporation department, within 120 days after the end of the recipient's fiscal year in which any grant or loan funds were expended, a schedule of expenditures of the grant or loan funds, including expenditures of any matching cash or in-kind match, signed by the director or principal officer of the recipient to attest to the accuracy of the schedule of expenditures. The recipient shall engage an independent certified public accountant to perform procedures, approved by the corporation department 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. The board department shall also require the recipient of such a grant or loan to make available for inspection the documents supporting the schedule of expenditures. The board department shall include the requirements under this paragraph in the contract with grant or loan recipients.

SB468,110,21 (b) (intro.) That the board department, if a recipient of a grant or loan under the program submits false or misleading information to the corporation department or fails to comply with the terms of a contract entered into with the corporation department, without providing satisfactory explanation for the noncompliance, do all of the following:

SB468,352 Section 352. 238.03 (4) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB468,353 Section 353. 238.04 of the statutes is repealed.

SB468,354 Section 354. 238.045 of the statutes is repealed.

SB468,355 Section 355. 238.046 of the statutes is repealed.

SB468,356 Section 356. 238.05 of the statutes is repealed.

SB468,357 Section 357. 238.06 of the statutes is repealed.

SB468,358 Section 358. 238.07 (1) of the statutes is renumbered 555.07 (1) and amended to read:

SB468,111,9 555.07 (1) Annually, by January 1, the board department shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the board department intends to develop and implement during the current calendar year.

SB468,359 Section 359. 238.07 (2) of the statutes is renumbered 555.07 (2), and 555.07 (2) (intro.), (ag) and (ar), as renumbered, are amended to read:

SB468,111,16 555.07 (2) (intro.) Annually, no later than October l, the board department shall submit to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report for the previous fiscal year on each of the economic development programs of the corporation department that contains all of the following:

SB468,111,20 (ag) An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program. The department may not rely on aggregate jobs impact numbers for its report under this paragraph.

SB468,111,23 (ar) An accounting of the industry classification, by municipality, of each job created or retained in the state as a result of the program. The department may not rely on aggregate jobs impact numbers for its report under this paragraph.

SB468,360 Section 360. 238.07 (3) of the statutes is renumbered 555.07 (3) and amended to read:

SB468,112,7 555.07 (3) The board department shall make readily accessible to the public on an Internet-based system Internet site the information required under sub. (2). The department's Internet site shall also contain the department's job creation and retention goals; all amendments to contracts executed under an economic development program of the department; and all agendas, meeting minutes, and materials discussed for meetings of the economic development policy board and the board of directors of the Badger Innovation Corporation.

SB468,361 Section 361. 238.07 (4) of the statutes is repealed.

SB468,362 Section 362. 238.08 of the statutes is repealed.

SB468,363 Section 363. 238.09 of the statutes is repealed.

SB468,364 Section 364. 238.10 of the statutes is renumbered 555.10 and amended to read:

SB468,112,19 555.10 (1) Allocation. The corporation department shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

SB468,112,25 (2) Amendment to allocation. At any time prior to December 31 in any year, the corporation department may adopt rules to revise the allocation system established for that year under sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).

SB468,113,5 (3) Conditions. The corporation department may establish any procedure for, and place any condition upon, the granting of an allocation under this section which the corporation department deems to be in the best interest of the state including a requirement that a cash deposit, at a rate established by the corporation department, be a condition for an allocation.

SB468,113,8 (4) Certification. If the corporation department receives notice of the issuance of a bond under an allocation under subs. (1) to (3), the corporation department shall certify that that bond meets the requirements of 26 USC 146.

SB468,365 Section 365. 238.11 of the statutes is renumbered 555.11 and amended to read:

SB468,113,17 555.11 (1) The corporation department shall prescribe the notice forms to be used under s. 66.1103 (4m) (a) 1. The corporation department shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created, or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The corporation department shall prescribe the forms to be used under s. 66.1103 (4m) (b).

SB468,113,23 (2) If the corporation department receives a notice under s. 66.1103 (4m) (a), the corporation department shall estimate, no later than 20 days after receipt of the notice, whether the project that is the subject of the notice is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.

SB468,114,3 (5) The corporation department shall issue an estimate made under sub. (2) to the city, village, town, or county which will issue the bonds to finance the project which is the subject of the estimate.

SB468,366 Section 366. 238.115 of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 555.115, and 555.115 (1) (intro.), (a), (b), (e) and (g), (2) and (3), as renumbered, are amended to read:

SB468,114,10 555.115 (1) Corporation Department obligations. (intro.) No later than the end of the first month following each quarter, the corporation department shall provide to the department of revenue all of the following information for the previous quarter:

SB468,114,12 (a) The identity of each person the corporation department certified for tax credits under this chapter and, for each person, the amount certified.

SB468,114,16 (b) The identity of each person the corporation department verified to claim tax credits under this chapter based on the person's satisfaction of all applicable requirements to be eligible to claim the tax credits and, for each person, the amount verified.

SB468,114,18 (e) The identity of each person for whom the corporation department revoked a certification for tax credits and, for each person, the amount revoked.

SB468,114,21 (g) Any other information the department of revenue and the corporation department agree is necessary to accurately track certification, verification, transfer, and usage of tax credits under this chapter.

SB468,114,24 (2) Each person the corporation department certifies for tax credits under this chapter shall provide all information necessary for the corporation department to comply with the reporting requirements under sub. (1).

SB468,115,4 (3) The department of revenue shall track the amount of all tax credits administered by the corporation department under this chapter that have been claimed or used to offset tax liability and the amount of all available unused tax credits under this chapter.

SB468,367 Section 367. 238.12 of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 555.12 and amended to read:

SB468,115,8 555.12 Repayment of grants, loans, and tax benefits. (1) (intro.) In this section, "tax:

SB468,115,10 (b) "Tax benefits" means the credits under ss. 71.07 (2dm), (2dx), (3g), and (3t), 71.28 (1dm), (1dx), (3g), and (3t), 71.47 (1dm), (1dx), (3g), and (3t), and 76.636.

SB468,115,13 555.12 (2) The corporation may not award a grant or loan under this chapter to a person or certify a person to receive tax benefits unless the corporation enters into an agreement with the person that requires does all of the following:

SB468,115,18 (a) Requires the person to repay the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits and commences substantially the same economic activity outside this state.

SB468,368 Section 368. 238.123 of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB468,369 Section 369. 238.125 of the statutes is renumbered 555.125 and amended to read:

SB468,115,25 555.125 Notification of position openings; compliance. The corporation department shall monitor compliance with the position-opening notification requirements under ss. 66.1103 (6m) and 106.16.

SB468,370 Section 370. 238.127 of the statutes is renumbered 555.127, and 555.127 (2) (intro.), (c) (intro.), (e), (h) and (j), as renumbered, are amended to read:

SB468,116,8 555.127 (2) (intro.) The corporation department shall establish and administer a state main street program to coordinate state and local participation in programs offered by the national main street center, created by the national trust for historic preservation, to assist municipalities in planning, managing and implementing programs for the revitalization of business areas. The corporation department shall do all of the following:

SB468,116,11 (c) (intro.) With help from interested individuals and organizations, develop a plan describing the objectives of the state main street program and the methods by which the corporation department shall:

SB468,116,20 (e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after July 29, 1995, shall conclude after 5 years. The corporation department shall select program participants representing various geographical regions and populations. A municipality may apply to participate, and the corporation department may select a municipality for participation, more than one time. In selecting a municipality, however, the corporation department may give priority to those municipalities that have not previously participated.

SB468,116,24 (h) Provide training, technical assistance and information on the revitalization of business areas to municipalities which do not participate in the state main street program. The corporation department may charge reasonable fees for the services and information provided under this paragraph.

SB468,117,2 (j) The corporation department shall expend at least $250,000 annually on the state main street program.

SB468,371 Section 371. 238.13 of the statutes, as affected by 2015 Wisconsin Act 55, is renumbered 555.13, and 555.13 (2) (a) (intro.), (3) (intro.) and (f) and (5), as renumbered, are amended to read:

SB468,117,7 555.13 (2) (a) (intro.) The corporation department may make a grant to a person if all of the following apply:

SB468,117,9 (3) (intro.) The corporation department may consider the following criteria in making awards under this section:

SB468,117,11 (f) Any other factors considered by the corporation department to be relevant to assessing the viability and feasibility of the project.

SB468,117,14 (5) Before the corporation department awards a grant under this section, the corporation department shall consider the recommendations of the department of natural resources.

SB468,372 Section 372. 238.133 of the statutes is renumbered 555.133, and 555.133 (2) (title), (a), (b), (c) and (d), (3) (intro.), (4), (5) (intro.) and (c) and (7), as renumbered, are amended to read:

SB468,117,18 555.133 (2) (title) Duties of the corporation department.

SB468,117,22 (a) The corporation department shall administer a program to award brownfield site assessment grants from the appropriation under s. 20.192 20.143 (1) (s) to local governmental units for the purposes of conducting any of the eligible activities under sub. (3).

SB468,117,25 (b) The corporation department may not award a grant to a local governmental unit under this section if that local governmental unit caused the environmental contamination that is the basis for the grant request.

SB468,118,4 (c) The corporation department may only award grants under this section if the person that caused the environmental contamination that is the basis for the grant request is unknown, cannot be located or is financially unable to pay the cost of the eligible activities.

SB468,118,8 (d) The corporation department shall establish criteria as necessary to administer the program. The corporation department may limit the total amount of funds that may be used to cover the costs of each category of eligible activity described in sub. (3).

SB468,118,10 (3) (intro.) The corporation department may award grants to local governmental units to cover the costs of the following activities:

SB468,118,13 (4) The applicant shall submit an application on a form prescribed by the corporation department and shall include any information that the corporation department finds necessary to calculate the amount of a grant.

SB468,118,15 (5) (intro.) The corporation department shall consider the following criteria when determining whether to award a grant:

SB468,118,17 (c) Other criteria that the corporation department finds necessary to calculate the amount of a grant.

SB468,118,20 (7) The corporation department may not distribute a grant unless the applicant contributes matching funds equal to 20% of the grant. Matching funds may be in the form of cash or in-kind contribution or both.

SB468,373 Section 373. 238.135 of the statutes is renumbered 555.135 and amended to read:

SB468,119,2 555.135 Grants to regional economic development organizations. The corporation department shall award annual grants to regional economic development organizations to fund marketing activities. The amount of each grant may not exceed $100,000 or the amount of matching funds the organization obtains from sources other than the corporation or the state, whichever is less.

SB468,374 Section 374. 238.14 of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 555.14 and amended to read:

SB468,119,9 555.14 St. Croix Valley Business Incubator. From the appropriation under s. 20.192 20.143 (1) (a), the corporation department shall make a grant of $250,000 to the River Falls Economic Development Corporation to construct the St. Croix Valley Business Incubator. The corporation department may award the grant under this section only if federal moneys are secured for the same purpose.

SB468,375 Section 375. 238.145 of the statutes, as created by 2015 Wisconsin Act 55, is renumbered 555.145, and 555.145 (1) (a), (2) (a), (b) and (c), (3) (a) and (b), (5) (a) and (b) (intro.), 1., 2. and 3. and (6), as renumbered, are amended to read:

SB468,119,14 555.145 (1) (a) "Eligible recipient" means a person the corporation department certifies under sub. (2) (b) as eligible to receive grants under this section.

SB468,119,16 (2) (a) The corporation department shall implement an economic development program to award grants under this section.

SB468,119,19 (b) The corporation department may certify a person as eligible to receive grants under this section as provided in policies and procedures rules adopted by the corporation department under sub. (6).

SB468,119,21 (c) The corporation department may not certify a person under par. (b) after June 30, 2017.

SB468,119,23 (3) (a) From the appropriation under s. 20.192 20.143 (1) (a), the corporation department may award up to a total of $500,000 in grants to eligible recipients.

SB468,120,3 (b) The corporation department may not award grants totaling more than $75,000 to each eligible recipient, and the corporation department may not award a grant of more than $25,000 to an eligible recipient in any year.

SB468,120,8 (5) (a) The corporation department shall award grants under this section annually, on a competitive basis, based on an eligible recipient's financial need; and, subject to the limitations under par. (b), the corporation department may not take into account whether an eligible recipient was previously awarded a grant under this section in determining whether to award a grant to the eligible recipient.

SB468,120,10 (b) (intro.) The corporation department may award no more than 3 annual grants to each eligible recipient, as follows:

SB468,120,12 1. In the first grant year, the corporation department may contribute up to 75 percent of the eligible recipient's equipment expenditures under sub. (4).

SB468,120,14 2. In the 2nd grant year, the corporation department may contribute up to 50 percent of the eligible recipient's equipment expenditures under sub. (4).

SB468,120,16 3. In the 3rd grant year, the corporation department may contribute up to 25 percent of the eligible recipient's equipment expenditures under sub. (4).

SB468,120,18 (6) The corporation department shall adopt policies and procedures promulgate rules to implement the grant program under this section.