subch. VI of ch. 560 SUBCHAPTER VI
DEVELOPMENT ZONE PROGRAM
Subch. VI of ch. 560 Cross-reference Cross Reference: See also s. Comm 112.01, Wis. adm. code.
560.70 560.70 Definitions. In this section and ss. 560.71 to 560.795:
560.70(1) (1) "Business incubator" means a person who operates a facility designed to encourage the growth of new businesses, if at least 2 of the following apply:
560.70(1)(a) (a) Space in the facility is rented at a rate lower than the market rate in the community.
560.70(1)(b) (b) Shared business services are provided in the facility.
560.70(1)(c) (c) Management and technical assistance are available at the facility.
560.70(1)(d) (d) Businesses using the facility may obtain financial capital through a direct relationship with at least one financial institution.
560.70(2) (2) "Development zone program" means the program administered under this subchapter.
560.70(2m) (2m) "Full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150% of the federal minimum wage and benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.
560.70(3) (3) "Indian reservation" has the meaning given in s. 139.30 (9).
560.70(4) (4) "Local governing body" means the governing body of one or more cities, villages, towns or counties or the elected governing body of a federally recognized American Indian tribe or band in this state.
560.70(5) (5) "Metropolitan statistical area" means a federal standard metropolitan statistical area but does not include areas located within Indian reservations.
560.70(6) (6) "Target population" means persons who are members of targeted groups for the purposes of the credit under ss. 71.07 (2dx), 71.28 (1dx) and 71.47 (1dx).
560.70(7) (7)
560.70(7)(a)(a) Except as provided in pars. (b) and (c), "tax benefits" means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), and 71.47 (1dx).
560.70(7)(b) (b) In s. 560.795, "tax benefits" means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di), and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), and 71.47 (1dx). With respect to the development opportunity zones under s. 560.795 (1) (e) and (f), "tax benefits" also means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).
560.70(7)(c) (c) In s. 560.798, "tax benefits" means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), and 71.47 (1dx).
560.71 560.71 Designation of development zone.
560.71(1) (1) The department may designate an area as a development zone if all of the following apply:
560.71(1)(ac) (ac) The department has invited a local governing body to nominate the area under s. 560.715.
560.71(1)(am) (am) A local governing body nominates the area as described in s. 560.72.
560.71(1)(b) (b) The department has evaluated the local governing body's application as described in s. 560.725.
560.71(1)(d) (d) The area meets the applicable requirements under s. 560.735 or 560.737.
560.71(1)(e) (e) The department determines all of the following:
560.71(1)(e)1. 1. That designation of the area as a development zone will serve a public purpose.
560.71(1)(e)2. 2. That designation of the area as a development zone will likely retain or increase employment in the area.
560.71(1)(e)3. 3. That economic development in the area is not likely to occur or continue without the department's designation of the area as a development zone.
560.71(1)(e)4. 4. That the area meets at least 3 of the following criteria:
560.71(1)(e)4.a. a. The unemployment rate in the area is higher than the state average for the 18 months immediately preceding the date on which the application under s. 560.72 (2) or (3) was submitted to the department.
560.71(1)(e)4.b. b. The percentage of persons residing in the area who are members of households with household income levels at or below 80% of the statewide median household income is higher than the state average.
560.71(1)(e)4.c. c. The percentage of households in the area receiving unemployment insurance under ch. 108, relief funded by a relief block grant under ch. 49 or aid to families with dependent children under s. 49.19 is higher than the state average.
560.71(1)(e)4.d. d. In the 36 months immediately preceding the date on which the application under s. 560.72 (2) or (3) was submitted to the department, a number of workers in the area were permanently laid off by their employer or became unemployed as a result of a business action subject to s. 109.07 (1m).
560.71(1)(e)4.e. e. An employer in the vicinity of the area has given public notice under s. 109.07 (1m) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.
560.71(1)(e)4.f. f. Property values in the area have been declining.
560.71(1)(e)4.g. g. There has been a decline in the population in the area.
560.71(1m) (1m) In making a determination under sub. (1) (e), the department shall consider all of the following:
560.71(1m)(a) (a) The extent of poverty, unemployment or other factors contributing to general economic hardship in the area.
560.71(1m)(b) (b) The prospects for new investment and economic development in the area.
560.71(1m)(c) (c) The amount of investment that is likely to result from the designation of the area as a development zone.
560.71(1m)(d) (d) The number of full-time jobs that are likely to be created or retained in the area as a result of its designation as a development zone.
560.71(1m)(e) (e) The number of full-time jobs that are likely to be available to the target population as a result of the designation of the area as a development zone.
560.71(1m)(f) (f) The competitive effect of designating the area as a development zone on other businesses in the vicinity of the area.
560.71(1m)(g) (g) The needs of other areas of the state.
560.71(1m)(h) (h) Any other factors that the department considers relevant.
560.71(2) (2) In determining whether an area meets the requirements under sub. (1) (e) or s. 560.735, the department may rely on any data provided by the local governing body which the department determines is relevant.
560.71(3) (3) The department shall do all of the following:
560.71(3)(a) (a) Determine the number of development zones designated under sub. (1) but may not designate more than 22 development zones over the life of the program.
560.71(3)(b) (b) Divide the number of development zones as evenly as possible between metropolitan statistical areas and areas that are not metropolitan statistical areas.
560.71(3)(c)1.1. Designate at least one development zone that is entirely within a 1st class city.
560.71(3)(c)2. 2. Designate at least 2 development zones that are each at least partially within an Indian reservation.
560.71(3)(c)3. 3. Of the development zones that are designated after April 25, 1996, designate one that is in an urban area.
560.715 560.715 Invitation to nominate area. If the department determines that an area has experienced or is about to experience economic distress, the department may invite local governing bodies in the area to nominate the area as a development zone.
560.715 History History: 1997 a. 103.
560.72 560.72 Application by local governing bodies.
560.72(1) (1) A local governing body may nominate an area as a development zone, if the department has invited the governing body to nominate the area under s. 560.715 and if the governing body does all of the following:
560.72(1)(a) (a) Holds at least one public hearing on the issue of designating the area as a development zone.
560.72(1)(b) (b) Adopts a resolution or ordinance authorizing it to nominate the area under this section.
560.72(2) (2) A local governing body may nominate the area as a development zone by submitting an application to the department in a form prescribed by the department. The application shall include all of the following:
560.72(2)(a) (a) A copy of the ordinance or resolution authorizing the local governing body to nominate the area as a development zone.
560.72(2)(b) (b) Transcripts of the public hearing under sub. (1) (a).
560.72(2)(c) (c) Evidence that the area meets at least 3 of the criteria under s. 560.71 (1) (e) 4.
560.72(2)(d) (d) Evidence that the area meets the applicable requirements of s. 560.735.
560.72(2)(e) (e) A description of the land use patterns in the area including:
560.72(2)(e)1. 1. A detailed map of the area.
560.72(2)(e)2. 2. Information about vacant buildings or land available for development.
560.72(2)(f) (f) A description of past and present economic development activities in the area under local, state or federal programs.
560.72(2)(g) (g) A description of the local governing body's goals for the economic development of the area.
560.72(2)(h) (h) An assessment of the effect of making the area a development zone on full-time jobs available to the targeted population.
560.72(2)(i) (i) Any other information required by the department.
560.72(2)(j) (j) Any other information the local governing body considers relevant.
560.72(3) (3) Two or more local governing bodies may submit a joint application nominating an area as a development zone, subject to s. 560.735 (2), if each local governing body complies with subs. (1) and (2).
560.72(5) (5) The department may permit a local governing body to revise an application that the department determines is inadequate or incomplete.
560.72 History History: 1987 a. 328; 1995 a. 209; 1997 a. 27, 103.
560.725 560.725 Evaluation by department.
560.725(1) (1) The department shall evaluate applications received under s. 560.72 (2) and (3).
560.725(2) (2) Subject to s. 560.735 (5), the department may reduce the size of an area nominated as a development zone, if the department determines the boundaries as proposed by the local governing body in an application under s. 560.72 (2) or (3) are inconsistent with the purpose of the development zone program. Any nominated area which is reduced under this subsection need not comply with s. 560.735 (1) and (4).
560.725(3) (3) After evaluating an application submitted under s. 560.72 (2) or (3), the department may approve the application, subject to any reduction in the size of the nominated area under sub. (2). If the department approves the application, the department shall designate the area as a development zone, subject to s. 560.71, and notify the local governing body.
560.725 History History: 1987 a. 328; 1995 a. 209; 1997 a. 103.
560.735 560.735 Boundaries and size of development zones.
560.735(1)(1) An area that is located within a metropolitan statistical area may not be nominated or designated as a development zone unless all of the following apply:
560.735(1)(a) (a) The area contains less than 10% of the valuation of the property of the city, village or town, as determined under s. 70.57, in which the area is located.
560.735(1)(b) (b) If the area is located within a 1st class city, the population of the area as estimated under s. 16.96 is not less than 4,000 and not more than 10% of the city's population, as estimated under s. 16.96.
560.735(1)(c) (c) If the area is located within a village, town or city other than a 1st class city, the population of the area is not less than 1,000 nor more than 10,000, as estimated under s. 16.96.
560.735(2) (2) If an area is located within the boundaries of 2 or more cities, villages or towns, the property value of the cities, villages or towns under sub. (1) (a) shall be combined for the purposes of sub. (1).
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