SB468: Bill Text

SB468,280 Section 280. 71.47 (3y) (b) 5. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,90,21 71.47 (3y) (b) 5. An amount, as determined by the Wisconsin Economic Development Corporation department of economic opportunity under s. 238.308 555.308 (4) (a) 5., equal to a percentage of the amount of wages that the claimant paid to an eligible employee in the taxable year if the position in which the eligible employee was employed was created or retained in connection with the claimant's location or retention of the claimant's corporate headquarters in Wisconsin and the job duties associated with the eligible employee's position involve the performance of corporate headquarters functions.

SB468,281 Section 281. 71.47 (3y) (c) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

SB468,91,3 71.47 (3y) (c) 2. No credit may be allowed under this subsection unless the claimant includes with the claimant's return a copy of the claimant's certification for tax benefits under s. 238.308 555.308.

SB468,282 Section 282. 71.47 (4) (am) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB468,92,10 71.47 (4) (am) Development zone additional research credit. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section 41 of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. III of ch. 555 or subch. II of ch. 238, 2013 stats., or subch. VI of ch. 560, 2009 stats., except that a taxpayer may elect the alternative computation under section 41 (c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" does not include research expenses incurred before the claimant is certified for tax benefits under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., or the corporation's base amount, as defined in section 41 (c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (df) 1. and 2., (dh) 1., 2., and 3., (dj), and (dk) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 555.365 (3) or s. 238.365 (3) , 2013 stats., or s. 560.765 (3), 2009 stats., in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 555.365 (3) or s. 238.365 (3), 2013 stats., or s. 560.765 (3), 2009 stats., and a statement from the department of commerce or the Wisconsin Economic Development Corporation or the department of economic opportunity verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this paragraph. Section 41 (h) of the Internal Revenue Code does not apply to the credit under this paragraph. No credit may be claimed under this paragraph for taxable years that begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.

SB468,283 Section 283. 71.47 (5b) (a) 2. of the statutes is amended to read:

SB468,92,13 71.47 (5b) (a) 2. "Fund manager" means an investment fund manager certified under s. 555.15 (2) or s. 238.15 (2), 2013 stats., or s. 560.205 (2), 2009 stats.

SB468,284 Section 284. 71.47 (5b) (b) 1. of the statutes is amended to read:

SB468,92,21 71.47 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject to the limitations provided under this subsection and s. 555.15 or s. 238.15, 2013 stats., or s. 560.205, 2009 stats., and except as provided in subd. 2., a claimant may claim as a credit against the tax imposed under s. 71.43, up to the amount of those taxes, 25 percent of the claimant's investment paid to a fund manager that the fund manager invests in a business certified under s. 555.15 (1) or s. 238.15 (1), 2013 stats., or s. 560.205 (1), 2009 stats.

SB468,285 Section 285. 71.47 (5b) (b) 2. of the statutes is amended to read:

SB468,93,6 71.47 (5b) (b) 2. In the case of a partnership, limited liability company, or tax-option corporation, the computation of the 25 percent limitation under subd. 1. shall be determined at the entity level rather than the claimant level and may be allocated among the claimants who make investments in the manner set forth in the entity's organizational documents. The entity shall provide to the department of revenue and to the department of commerce or the Wisconsin Economic Development Corporation department of economic opportunity the names and tax identification numbers of the claimants, the amounts of the credits allocated to the claimants, and the computation of the allocations.

SB468,286 Section 286. 71.47 (5b) (d) 3. of the statutes is amended to read:

SB468,93,12 71.47 (5b) (d) 3. Except as provided under s. 238.15 555.15 (3) (d) (intro.), for investments made after December 31, 2007, if an investment for which a claimant claims a credit under par. (b) is held by the claimant for less than 3 years, the claimant shall pay to the department, in the manner prescribed by the department, the amount of the credit that the claimant received related to the investment.

SB468,287 Section 287. 71.47 (6) (c) (intro.) of the statutes is amended to read:

SB468,93,18 71.47 (6) (c) (intro.) No person may claim the credit under par. (a) 2m. unless the claimant includes with the claimant's return a copy of the claimant's certification under s. 238.17 555.17. For certification purposes under s. 238.17 555.17, the claimant shall provide to the Wisconsin Economic Development Corporation department of economic opportunity all of the following:

SB468,288 Section 288. 71.78 (4) (m) of the statutes is amended to read:

SB468,93,23 71.78 (4) (m) The chief executive officer secretary of the Wisconsin Economic Development Corporation economic opportunity and employees of the corporation department of economic opportunity to the extent necessary to administer the development zone program under subch. II of ch. 238 555.

SB468,289 Section 289. 73.03 (35) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB468,94,8 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dm) or (2dx), 71.28 (1dm), (1dx), or (4) (am), 71.47 (1dm), (1dx), or (4) (am), or 76.636 if granting the full amount claimed would violate a requirement under s. 555.385 or s. 238.385, 2013 stats., or s. 560.785, 2009 stats., or would bring the total of the credits granted to that claimant under all of those subsections over the limit for that claimant under s. 555.368, 555.395 (2) (b), or 555.397 (5) (b) or s. 238.368, 2013 stats., 238.395 (2) (b), 2013 stats., or 238.397 (5) (b), 2013 stats., or s. 560.768, 2009 stats., s. 560.795 (2) (b), 2009 stats., or s. 560.797 (5) (b), 2009 stats.

SB468,290 Section 290. 73.03 (35m) of the statutes is amended to read:

SB468,94,15 73.03 (35m) To deny a portion of a credit claimed under s. 71.07 (3g), 71.28 (3g), or 71.47 (3g), if granting the full amount claimed would violate a requirement under s. 555.23 or s. 238.23, 2013 stats., or s. 560.96, 2009 stats., or would bring the total of the credits claimed under ss. 71.07 (3g), 71.28 (3g), and 71.47 (3g) over the limit for all claimants under s. 555.23 (2) or s. 238.23 (2), 2013 stats., or s. 560.96 (2), 2009 stats.

SB468,291 Section 291. 75.106 (1) (a) of the statutes is amended to read:

SB468,94,20 75.106 (1) (a) "Brownfield" has the meaning given in s. 238.13 555.13 (1) (a), except that, for purposes of this section, "brownfield" also means abandoned, idle, or underused residential facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

SB468,292 Section 292. 76.636 (1) (b) 1. of the statutes is amended to read:

SB468,94,23 76.636 (1) (b) 1. A development zone under s. 555.30 or s. 238.30, 2013 stats., or s. 560.70, 2009 stats.

SB468,293 Section 293. 76.636 (1) (b) 2. of the statutes is amended to read:

SB468,95,2 76.636 (1) (b) 2. A development opportunity zone under s. 555.395 or s. 238.395, 2013 stats., or s. 560.795, 2009 stats.

SB468,294 Section 294. 76.636 (1) (b) 3. of the statutes is amended to read:

SB468,95,5 76.636 (1) (b) 3. An enterprise development zone under s. 555.397 or s. 238.397, 2013 stats., or s. 560.797, 2009 stats.

SB468,295 Section 295. 76.636 (1) (b) 4. of the statutes is amended to read:

SB468,95,8 76.636 (1) (b) 4. An agricultural development zone under s. 555.398 or s. 238.398, 2013 stats., or s. 560.798, 2009 stats.

SB468,296 Section 296. 76.636 (1) (d) of the statutes is amended to read:

SB468,95,10 76.636 (1) (d) "Full-time job" has the meaning given in s. 238.30 555.30 (2m).

SB468,297 Section 297. 76.636 (2) (intro.) of the statutes is amended to read:

SB468,95,19 76.636 (2) Credits. (intro.) Except as provided in s. 73.03 (35), and subject to s. 555.385 or s. 238.385, 2013 stats., or s. 560.785, 2009 stats., for any taxable year for which an insurer is entitled under s. 555.395 or s. 238.395, 2013 stats., or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 555.365 (3), 555.397 (4), or 555.398 (3) or s. 238.365 (3), 2013 stats., s. 238.397 (4), 2013 stats., or s. 238.398 (3), 2013 stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., the insurer may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the following amounts:

SB468,298 Section 298. 76.636 (2) (b) of the statutes is amended to read:

SB468,95,25 76.636 (2) (b) The amount determined by multiplying the amount determined under s. 555.385 (1) (b) or s. 238.385 (1) (b), 2013 stats., or s. 560.785 (1) (b), 2009 stats., by the number of full-time jobs created in a development zone and filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.

SB468,299 Section 299. 76.636 (2) (c) of the statutes is amended to read:

SB468,96,6 76.636 (2) (c) The amount determined by multiplying the amount determined under s. 555.385 (1) (c) or s. 238.385 (1) (c), 2013 stats., or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs created in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.

SB468,300 Section 300. 76.636 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB468,96,15 76.636 (2) (d) The amount determined by multiplying the amount determined under s. 555.385 (1) (bm) or s. 238.385 (1) (bm), 2013 stats., or s. 560.785 (1) (bm), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 555.385 or s. 238.385, 2013 stats., or s. 560.785, 2009 stats., in an enterprise development zone under s. 555.397 or s. 238.397, 2013 stats., or s. 560.797, 2009 stats., and for which significant capital investment was made and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.

SB468,301 Section 301. 76.636 (2) (e) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB468,96,23 76.636 (2) (e) The amount determined by multiplying the amount determined under s. 555.385 (1) (c) or s. 238.385 (1) (c), 2013 stats., or s. 560.785 (1) (c), 2009 stats., by the number of full-time jobs retained, as provided in the rules under s. 555.385 or s. 238.385, 2013 stats., or s. 560.785, 2009 stats., in a development zone and not filled by a member of a targeted group and by then subtracting the subsidies paid under s. 49.147 (3) (a) for those jobs.

SB468,302 Section 302. 76.636 (4) (intro.) of the statutes is amended to read:

SB468,97,6 76.636 (4) Credit precluded. (intro.) If the certification of a person for tax benefits under s. 555.365 (3), 555.397 (4), or 555.398 (3) or s. 238.365 (3), 2013 stats., s. 238.397 (4), 2013 stats., or s. 238.398 (3), 2013 stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., is revoked, or if the person becomes ineligible for tax benefits under s. 555.395 (3) or s. 238.395 (3), 2013 stats., or s. 560.795 (3), 2009 stats., that person may not do any of the following:

SB468,303 Section 303. 76.636 (5) of the statutes is amended to read:

SB468,97,16 76.636 (5) Carry-over precluded. If a person who is entitled under s. 555.395 (3) or s. 238.395 (3), 2013 stats., or s. 560.795 (3), 2009 stats., to claim tax benefits or certified under s. 555.365 (3), 555.397 (4), or 555.398 (3) or s. 238.365 (3), 2013 stats., s. 238.397 (4), 2013 stats., or s. 238.398 (3), 2013 stats., or s. 560.765 (3), 2009 stats., s. 560.797 (4), 2009 stats., or s. 560.798 (3), 2009 stats., for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

SB468,304 Section 304. 76.636 (6) of the statutes is amended to read:

SB468,97,22 76.636 (6) Administration. Any insurer who claims a credit under sub. (2) shall include with the insurer's annual return under s. 76.64 a copy of its certification for tax benefits and a copy of its verification of expenses from the department of commerce or the Wisconsin Economic Development Corporation or the department of economic opportunity.

SB468,305 Section 305. 76.637 (1) of the statutes is amended to read:

SB468,98,2 76.637 (1) Definition. In this section, "claimant" means an insurer who files a claim under this section and is certified under s. 555.301 (2) or s. 238.301 (2), 2013 stats., or s. 560.701 (2), 2009 stats., and authorized to claim tax benefits under s. 555.303 or s. 238.303, 2013 stats., or s. 560.703, 2009 stats.

SB468,306 Section 306. 76.637 (2) of the statutes is amended to read:

SB468,98,9 76.637 (2) Filing claims. Subject to the limitations under this section, ss. 555.301 to 555.306, ss. 238.301 to 238.306, 2013 stats., and ss. 560.701 to 560.706, 2009 stats., for taxable years beginning after December 31, 2008, a claimant may claim as a credit against the fees due under s. 76.60, 76.63, 76.65, 76.66, or 76.67 the amount authorized for the claimant under s. 555.303 or s. 238.303, 2013 stats., or s. 560.703, 2009 stats.

SB468,307 Section 307. 76.637 (3) of the statutes is amended to read:

SB468,98,15 76.637 (3) Limitations. No credit may be allowed under this section unless the insurer includes with the insurer's annual return under s. 76.64 a copy of the claimant's certification under s. 555.301 (2) or s. 238.301 (2), 2013 stats., or s. 560.701 (2), 2009 stats., and a copy of the claimant's notice of eligibility to receive tax benefits under s. 555.303 (3) or s. 238.303 (3), 2013 stats., or s. 560.703 (3), 2009 stats.

SB468,308 Section 308. 76.637 (4) of the statutes is amended to read:

SB468,99,2 76.637 (4) Administration. If an insurer's certification is revoked under s. 555.305 or s. 238.305, 2013 stats., or s. 560.705, 2009 stats., or if an insurer becomes ineligible for tax benefits under s. 555.302 or s. 238.302, 2013 stats., or s. 560.702, 2009 stats., the insurer may not claim credits under this section for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years and the insurer may not carry over unused credits from previous years to offset the fees imposed under ss. 76.60, 76.63, 76.65, 76.66, or 76.67 for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the insurer becomes ineligible for tax benefits; or succeeding taxable years.

SB468,309 Section 309. 76.638 (1) of the statutes is amended to read:

SB468,99,6 76.638 (1) Definitions. In this section, "fund manager" means an investment fund manager certified under s. 555.15 (2) or s. 238.15 (2), 2013 stats., or s. 560.205 (2), 2009 stats.

SB468,310 Section 310. 76.638 (2) of the statutes is amended to read:

SB468,99,13 76.638 (2) Filing claims. For taxable years beginning after December 31, 2008, subject to the limitations provided under this subsection and s. 555.15 or s. 238.15, 2013 stats., or s. 560.205, 2009 stats., an insurer may claim as a credit against the fees imposed under s. 76.60, 76.63, 76.65, 76.66, or 76.67, 25 percent of the insurer's investment paid to a fund manager that the fund manager invests in a business certified under s. 555.15 or s. 238.15, 2013 stats., or s. 560.205 (1), 2009 stats.

SB468,311 Section 311. 77.54 (9a) (a) of the statutes is amended to read:

SB468,99,18 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB468,312 Section 312. 79.04 (7) (a) of the statutes is amended to read:

SB468,99,25 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as described in sub. (6) (a), other than a nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant; or is built on a site purchased by a public utility before January 1, 1980, that was identified in an advance plan as a proposed site for a production plant; or is built on, or on a site adjacent to, brownfields, as defined in s. 238.13 555.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., after December 31, 2003, and has a name-plate capacity of at least one megawatt, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.

SB468,313 Section 313. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

SB468,100,10 84.01 (6m) (b) (intro.) The department, 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 department:

SB468,314 Section 314. 84.01 (11m) (a) of the statutes is amended to read:

SB468,100,14 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,315 Section 315. 84.01 (11m) (b) of the statutes is amended to read:

SB468,100,23 84.01 (11m) (b) Annually, no later than October 1, the department 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 sub. (6m) (a), administered by the department. The report shall include all of the information required under s. 238.07 555.07 (2). The department 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 subsection.

SB468,316 Section 316. 93.07 (3) of the statutes is amended to read:

SB468,101,13 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food, and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food, and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the Wisconsin Economic Development Corporation department of economic opportunity where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.

SB468,317 Section 317. 93.07 (18) (b) (intro.) of the statutes is amended to read:

SB468,101,18 93.07 (18) (b) (intro.) In consultation with the Wisconsin Economic Development Corporation department of economic opportunity, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

SB468,318 Section 318. 93.07 (20) (a) of the statutes is amended to read:

SB468,101,22 93.07 (20) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation department of economic opportunity.

SB468,319 Section 319. 93.07 (20) (b) of the statutes is amended to read:

SB468,102,6 93.07 (20) (b) Annually, no later than October 1, to 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 sub. (18) (a), administered by the department. The report shall include all of the information required under s. 238.07 555.07 (2). The department 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 subsection.

SB468,320 Section 320. 93.33 (5) (intro.) of the statutes is amended to read:

SB468,102,20 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the chief executive officer secretary of the Wisconsin Economic Development Corporation economic opportunity, the president of the University of Wisconsin System, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

SB468,321 Section 321. 93.42 (5) of the statutes is amended to read:

SB468,102,24 93.42 (5) Cooperating with the Wisconsin Economic Development Corporation department of economic opportunity in promoting the state's products through the state's foreign trade offices.

SB468,322 Section 322. 100.45 (1) (dm) of the statutes is amended to read:

SB468,103,9 100.45 (1) (dm) "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 Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB468,323 Section 323. 106.16 (3) of the statutes is amended to read:

SB468,103,13 106.16 (3) A state agency or an authority under ch. 231 or 234 shall notify the Wisconsin Economic Development Corporation department of economic opportunity if it makes a loan or grant to a company.

SB468,324 Section 324. 106.27 (2m) of the statutes is amended to read: