SB468: Bill Text

SB468,105,4 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233, 234, 237, 238, 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.

SB468,330 Section 330. 230.81 (2) of the statutes is amended to read:

SB468,105,12 230.81 (2) Nothing in this section prohibits an employee from disclosing information to an appropriate law enforcement agency, a state or federal district attorney in whose jurisdiction the crime is alleged to have occurred, a state or federal grand jury or a judge in a proceeding commenced under s. 968.26, or disclosing information pursuant to any subpoena issued by any person authorized to issue subpoenas under s. 885.01. Any such disclosure of information, or a report under sub. (4), is a lawful disclosure under this section and is protected under s. 230.83.

SB468,331 Section 331. 230.81 (4) of the statutes is created to read:

SB468,105,17 230.81 (4) Any employee of the department of economic opportunity who is aware that a fraud has been perpetrated against that department shall report or cause that fraud to be reported to the department of justice or the appropriate district attorney.

SB468,332 Section 332. 234.02 (1) of the statutes is amended to read:

SB468,106,9 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin Housing and Economic Development Authority." The members of the authority shall be the chief executive officer of the Wisconsin Economic Development Corporation secretary of economic opportunity or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

SB468,333 Section 333. 234.032 (2) (intro.) of the statutes is amended to read:

SB468,106,13 234.032 (2) (intro.) The authority, in consultation with the Wisconsin Economic Development Corporation department of economic opportunity, shall do all of the following for each economic development program administered by the authority:

SB468,334 Section 334. 234.08 (5) of the statutes is amended to read:

SB468,106,18 234.08 (5) This section does not supersede or impair the power of the Wisconsin Economic Development Corporation department of economic opportunity to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

SB468,335 Section 335. 234.08 (6) of the statutes is amended to read:

SB468,106,23 234.08 (6) The authority may reimburse the Wisconsin Economic Development Corporation department of economic opportunity its operating costs to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

SB468,336 Section 336. 234.255 (1) of the statutes is amended to read:

SB468,107,3 234.255 (1) The authority shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,337 Section 337. 234.255 (2) of the statutes is amended to read:

SB468,107,12 234.255 (2) Annually, no later than October 1, the authority shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in s. 234.032 (1), administered by the authority. The report shall include all of the information required under s. 238.07 555.07 (2). The authority shall collaborate with the Wisconsin Economic Development Corporation department of economic opportunity to make readily accessible to the public on an Internet-based system the information required under this section.

SB468,338 Section 338. 234.84 (1) of the statutes is amended to read:

SB468,107,15 234.84 (1) Definition. In this section, "corporation" "department" means the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,339 Section 339. 234.84 (3) (c) of the statutes is amended to read:

SB468,107,18 234.84 (3) (c) The interest rate on the loan, including any origination fees or other charges, is approved by the corporation department.

SB468,340 Section 340. 234.84 (4) (a) of the statutes is amended to read:

SB468,108,2 234.84 (4) (a) Subject to par. (b), the authority shall guarantee collection of a percentage of the principal of, and all interest and any other amounts outstanding on, any loan eligible for a guarantee under sub. (2). The corporation department shall establish the percentage of the principal of an eligible loan that will be guaranteed, using the procedures described in the agreement under s. 234.932 (3) (a). The corporation department may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.

SB468,341 Section 341. 234.84 (5) (a) of the statutes is amended to read:

SB468,108,11 234.84 (5) (a) The program under this section shall be administered by the corporation department with the cooperation of the authority. The corporation department shall enter into a memorandum of understanding with the authority setting forth the respective responsibilities of the corporation department and the authority with regard to the administration of the program, including the functions and responsibilities specified in s. 234.932. The memorandum of understanding shall provide for reimbursement to the corporation department by the authority for costs incurred by the corporation department in the administration of the program.

SB468,342 Section 342. 234.84 (5) (b) of the statutes is amended to read:

SB468,108,15 234.84 (5) (b) The corporation department may charge a premium, fee, or other charge to a borrower of a guaranteed loan under this section for the administration of the loan guarantee.

SB468,343 Section 343. 234.932 (3) (c) of the statutes is amended to read:

SB468,108,21 234.932 (3) (c) The Wisconsin Economic Development Corporation department of economic opportunity may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the job training loan guarantee program, to provide advice about lending requirements and issues related to the job training loan guarantee program.

SB468,344 Section 344. Chapter 238 (title) of the statutes is repealed.

SB468,345 Section 345. Subchapter I (title) of chapter 238 [precedes 238.01] of the statutes is renumbered Subchapter I (title) of chapter 555 [precedes 555.01].

SB468,346 Section 346. 238.01 (intro.) of the statutes is renumbered 555.01 (intro.).

SB468,347 Section 347. 238.01 (1) of the statutes is repealed.

SB468,348 Section 348. 238.01 (2) of the statutes is repealed.

SB468,349 Section 349. 238.01 (3) of the statutes is renumbered 555.01 (2).

SB468,350 Section 350. 238.02 of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

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: