SB468: Bill Text

SB468,162,6 (3) (a) The corporation department may designate not more than 30 enterprise zones.

SB468,162,8 (b) (intro.) In determining whether to designate an area under par. (a), the corporation department shall consider all of the following:

SB468,162,11 (bm) The corporation department shall specify whether an enterprise zone designated under par. (a) is located in a tier I county or municipality or a tier II county or municipality.

SB468,162,13 (c) The corporation department shall, to the extent possible, give preference to the greatest economic need.

SB468,162,20 (d) Notwithstanding pars. (b) and (c), the corporation department shall designate as enterprise zones at least 3 areas comprising political subdivisions whose populations total less than 5,000 and at least 2 areas comprising political subdivisions whose populations total 5,000 or more but less than 30,000. In designating an enterprise zone under this paragraph, the corporation department may consider indicators of an area's economic need and the effect of designation on other economic development activities.

SB468,162,22 (5) Certification. (intro.) The corporation department may certify for tax benefits any of the following:

SB468,163,2 (b) A business that relocates to an enterprise zone from outside this state, if the business offers compensation and benefits to its employees working in the zone for the same type of work that are at least as favorable as those offered to its employees working outside the zone, as determined by the corporation department.

SB468,163,5 (c) 1. a. The business enters into an agreement with the corporation department to claim tax benefits only for years during which the business maintains the increased level of personnel.

SB468,163,9 b. The business offers compensation and benefits for the same type of work to its employees working in the enterprise zone that are at least as favorable as those offered to its employees working in this state but outside the zone, as determined by the corporation department.

SB468,163,12 2. b. The business enters into an agreement with the corporation department to claim tax benefits only for years during which the business maintains the capital investment.

SB468,163,16 c. The business offers compensation and benefits for the same type of work to its employees working in the zone that are at least as favorable as those offered to its employees working in this state but outside the zone, as determined by the corporation department.

SB468,163,18 (d) 1. The business is a manufacturer with a significant supply chain in the state, as determined by the corporation department.

SB468,163,21 (e) A business located in an enterprise zone if the business purchases tangible personal property, items, property, or goods under s. 77.52 (1) (b), (c), or (d), or services from Wisconsin vendors, as determined by the corporation department.

SB468,164,5 (5m) Additional tax benefits for significant capital expenditures. If the corporation department determines that a business certified under sub. (5) makes a significant capital expenditure in the enterprise zone, the corporation department may certify the business to receive additional tax benefits in an amount to be determined by the corporation department, but not exceeding 10 percent of the business' capital expenditures. The corporation department shall, in a manner determined by the corporation department, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub. (4).

SB468,164,7 (6) (b) (intro.) The corporation department shall revoke a certification under sub. (5) if the business does any of the following:

SB468,164,11 (d) The corporation department may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment levels or a significant capital investment in property required by an agreement under sub. (5) (c).

SB468,164,14 (e) The corporation department shall determine the maximum amount of the tax credits under ss. 71.07 (3w), 71.28 (3w), and 71.47 (3w) that a certified business may claim and shall notify the department of revenue of this amount.

SB468,164,17 (f) The corporation department shall annually verify the information submitted to the corporation department under ss. 71.07 (3w), 71.28 (3w), or 71.47 (3w).

SB468,164,19 (g) (intro.) The corporation department shall adopt policies and procedures promulgate rules specifying all of the following:

SB468,164,22 1. (intro.) The definitions of a tier I county or municipality and a tier II county or municipality. The corporation department may consider all of the following information when establishing the definitions required under this subdivision:

SB468,410 Section 410. 238.3995 of the statutes is renumbered 555.3995, and 555.3995 (1) (b) and (c), (2) (a) (intro.) and 4., (b) (intro.) and 8., (c) 1. and 2. and (d), (3) (a), (b), (c) and (d) 1. and 2., (4) (a) (intro.) and 10., (am), (ar), (b) 1., (c) (intro.) and (d) and (5), as renumbered, are amended to read:

SB468,165,3 555.3995 (1) (b) "Full-time job" has the meaning given in s. 238.30 555.30 (2m).

SB468,165,4 (c) "Target population" has the meaning given in s. 238.30 555.30 (6).

SB468,165,7 (2) (a) (intro.) Subject to pars. (c) and (e), the corporation department may designate an area as an airport development zone if the corporation department determines all of the following:

SB468,165,10 4. That the airport development project is not likely to occur or continue without the corporation department designation of the area as an airport development zone.

SB468,165,12 (b) (intro.) In making a determination under par. (a), the corporation department shall consider all of the following:

SB468,165,13 8. Any other factors that the corporation department considers relevant.

SB468,165,18 (c) 1. The corporation department may not designate as an airport development zone, or as any part of an airport development zone, an area that is located within the boundaries of an area that is designated as a development zone under s. 238.31 555.31, as a development opportunity zone under s. 238.395 555.395, or as an enterprise development zone under s. 238.397 555.397.

SB468,165,25 2. The corporation department shall give the department of transportation the opportunity to review and comment on any proposed designation under this subsection and the department of transportation may deny any such designation if the department of transportation determines that the designation would compromise the airport's safety or utility. The department of transportation may also review and comment on any land use or compatibility issues related to any proposed designation under this subsection.

SB468,166,5 (d) Notwithstanding pars. (a) to (c), and except as provided in par. (e), the corporation department shall designate as an airport development zone the area within the boundaries of Adams, Fond du Lac, Green Lake, Juneau, Langlade, Lincoln, Marathon, Marquette, Menominee, Oneida, Portage, Price, Shawano, Taylor, Waupaca, Waushara, Winnebago, Wood, and Vilas counties.

SB468,166,14 (3) (a) When the corporation department designates an area as an airport development zone, the corporation department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d). The corporation department shall notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of the designation of and expiration date of the airport development zone.

SB468,167,4 (b) When the corporation department designates an area as an airport development zone, the corporation department shall establish a limit, not to exceed $3,000,000, for tax benefits applicable to the airport development zone, except that the corporation department shall limit the amount of tax benefits applicable to the airport development zone designated under sub. (2) (d) to $750,000. The total tax benefits applicable to all airport development zones may not exceed $9,000,000, less any amount allocated to technology zones under s. 238.23 555.23 (2) (b) and to agricultural development zones under s. 238.398 555.398 (2) (b), and except that the total amount allocated to all technology zones under s. 238.23 555.23 (2) (b) and to all agricultural development zones under s. 238.398 555.398 (2) (b), may not exceed $6,000,000. The corporation department may not reallocate amounts as provided under this paragraph on or after January 1, 2010, except that the corporation department may, after 48 months from the month of any designation under this section, evaluate the area designated as an airport development zone and reallocate the amount of available tax benefits.

SB468,167,7 (c) Annually, the corporation department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each airport development zone.

SB468,167,12 (d) 1. Notwithstanding the length of time specified by the corporation department under par. (a), the designation of an area as an airport development zone shall expire 90 days after the day on which the corporation department determines that the forgone tax revenues estimated under par. (c) will equal or exceed the limit established for the airport development zone.

SB468,167,19 2. The corporation department shall immediately notify each person certified for tax benefits in an airport development zone, the department of revenue, the department of transportation, the Wisconsin Housing and Economic Development Authority, and the governing body of each county, city, village, town, and federally recognized American Indian tribe or band in which territory of the airport development zone is located of a change in the expiration date of the airport development zone under this paragraph.

SB468,167,22 (4) (a) (intro.) A person that intends to operate a place of business in an airport development zone may submit to the corporation department an application and a business plan. The business plan shall include all of the following:

SB468,167,24 10. Any other information required by the corporation department or the department of revenue.

SB468,168,7 (am) A person that intends to operate a business in the airport development zone designated under sub. (2) (d) may submit to the corporation department an application and a business plan that includes all of the information required under par. (a). In approving business plans submitted under this paragraph, the corporation department shall give higher priority to airport development projects located or proposed to be located in areas that have a low median household income, as determined by the corporation department.

SB468,168,9 (ar) The corporation department may not accept or approve any applications or business plans submitted under par. (a) on or after March 6, 2009.

SB468,168,13 (b) 1. Except as provided in subd. 2., if the corporation department approves a business plan under par. (a) or (am), the corporation department shall certify the person as eligible for tax benefits. The corporation department shall notify the department of revenue within 30 days of certifying a person under this paragraph.

SB468,168,16 (c) (intro.) The corporation department shall revoke a person's certification under par. (b) when the designation of the applicable airport development zone expires or if the person does any of the following:

SB468,168,18 (d) The corporation department shall notify the department of revenue within 30 days after revoking a certification under par. (c).

SB468,168,22 (5) Verification of information. The corporation department annually shall verify information submitted to the corporation department under ss. 71.07 (2dm) and (2dx), 71.28 (1dm) and (1dx), and 71.47 (1dm) and (1dx) as it relates to airport development zones.

SB468,411 Section 411. 281.60 (6) of the statutes is amended to read:

SB468,169,7 281.60 (6) Priority list. The department shall establish a priority list that ranks each land recycling loan program project. The department shall promulgate rules for determining project rankings based on the potential of projects to reduce environmental pollution and threats to human health and, for sites and facilities that are not landfills, the extent to which projects will prevent the development of undeveloped land by making land available for redevelopment after a cleanup is conducted. Before the department establishes the priority list, the department shall consider the recommendations of the department of administration and the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,412 Section 412. 281.75 (4) (b) 3. of the statutes is amended to read:

SB468,169,10 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233, 234, or 237, or 238.

SB468,413 Section 413. 285.59 (1) (b) of the statutes is amended to read:

SB468,169,20 285.59 (1) (b) "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 Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority.

SB468,414 Section 414. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

SB468,169,25 292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 238.13 555.13 (1) (a).

SB468,415 Section 415. 292.255 of the statutes is amended to read:

SB468,170,6 292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the Wisconsin Economic Development Corporation department of economic opportunity shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 238.13 555.13 (1) (a).

SB468,416 Section 416. 292.63 (4) (cc) 2. b. of the statutes is amended to read:

SB468,170,11 292.63 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 238.13 555.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

SB468,417 Section 417. Chapter 555 (title) of the statutes is created to read:

SB468,170,13 chapter 555

SB468,170,14 department of economic opportunity

SB468,418 Section 418. 555.01 (1) of the statutes is created to read:

SB468,170,16 555.01 (1) "Department" means the department of economic opportunity.

SB468,419 Section 419. 555.01 (3) of the statutes is created to read:

SB468,170,18 555.01 (3) "Secretary" means the secretary of economic opportunity.

SB468,420 Section 420. 555.07 (2) (i) of the statutes is created to read:

SB468,170,25 555.07 (2) (i) The number of businesses or other persons against whom the department, or the Wisconsin Economic Development Corporation under ch. 238, 2013 stats., has initiated an action because the business or other person is not in compliance with contract requirements under an economic development program under this chapter, and the total dollar amount that has been recovered to date as a result of those actions.

SB468,421 Section 421. 555.095 of the statutes is created to read:

SB468,171,3 555.095 Contract terms. All terms of each contract the department executes shall be in compliance with state law at the time the contract is executed.

SB468,422 Section 422. 555.12 (1) (a) of the statutes is created to read:

SB468,171,5 555.12 (1) (a) "Full-time job" has the meaning given in s. 555.30 (2m).

SB468,423 Section 423. 555.12 (2) (b) of the statutes is created to read:

SB468,171,14 555.12 (2) (b) Requires the person to repay all or a portion of, as specified in the agreement, the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the total number of employees the person employs in full-time jobs in this state falls below the average number of employees the person employed in full-time jobs in this state during the 2 years immediately prior to the person receiving the grant or loan or certification to receive tax benefits. The department shall refer any claim for damages under this paragraph to the department of justice for collection.

SB468,424 Section 424. 555.12 (2) (c) of the statutes is created to read:

SB468,171,21 555.12 (2) (c) Requires the person to repay all or a portion of, as specified in the agreement, the grant, loan, or tax benefits if, within 5 years after the contract terms related to the grant, loan, or tax benefits have been completed, the person eliminates any full-time job in this state that was created as a result of the grant, loan, or tax benefits. The department shall refer any claim for damages under this paragraph to the department of justice for collection.

SB468,425 Section 425. 555.121 of the statutes is created to read:

SB468,172,2 555.121 Verification of information. If the department is required under this chapter to verify information submitted to it by a person who has been awarded a grant, loan, or tax credit, the department shall independently review the person's relevant records, including, if applicable, payroll records and audited statements of capital expenditures.

SB468,426 Section 426. 555.122 of the statutes is created to read:

SB468,172,8 555.122 Background checks. (1) Before the department executes a contract awarding a grant or loan or tax benefits to a person under this chapter, the department shall conduct a background check of the person that includes information concerning the person's business performance and a review of any legal proceedings in which the person is or was a party.

SB468,172,12 (2) If within 90 days after completing the background check under sub. (1) the department has not executed the contract awarding a grant or loan or tax benefits to the person, the department shall conduct another background check of the person under sub. (1) before executing that contract.

SB468,427 Section 427. Subchapter III of chapter 555 [precedes 555.40] of the statutes is created to read:

SB468,172,15 Chapter 555

SB468,172,17 Subchapter III badger innovation corporation

SB468,172,18 555.40 Definitions. In this subchapter:

SB468,172,20 (1) "Badger Innovation Corporation" or, unless the context requires otherwise, "corporation," means the corporation specified in 16.35 (3).

SB468,172,21 (2) "Board" means the board of directors of the Badger Innovation Corporation.

SB468,172,23 555.41 Department duties. The department shall cooperate with the Badger Innovation Corporation to carry out the corporation's duties under s. 555.43.

SB468,172,25 555.42 Board of directors. (1) The members of the board shall consist of the following:

SB468,173,1 (a) The secretary, who shall act as chairperson.

SB468,173,3 (b) One representative to the assembly appointed by the speaker of the assembly.

SB468,173,5 (c) One representative to the assembly appointed by the minority leader of the assembly.

SB468,173,6 (d) One senator appointed by the majority leader of the senate.