560.797(5)(a)(a) When the department designates an area as an enterprise development zone under this section, the department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to
par. (d) and
sub. (6).
560.797(5)(b)
(b) When the department designates an area as an enterprise development zone under this section, the department shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.
560.797(5)(c)
(c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each enterprise development zone.
560.797(5)(d)1.1. Notwithstanding the length of time specified by the department under
par. (a), the designation of an area as an enterprise development zone shall expire 90 days after the day on which the department determines that the forgone tax revenues under
par. (c) will equal or exceed the limit established for the enterprise development zone.
560.797(5)(d)2.
2. The department shall immediately notify the department of revenue and the governing body of any city, village, town or federally recognized American Indian tribe or band in which the enterprise development zone is located of a change in the expiration date of the enterprise development zone under this paragraph.
560.797(6)(a)(a) The department shall revoke the entitlement of a person to claim tax benefits under this section, and the designation of the area as an enterprise development zone shall expire, if the person does any of the following:
560.797(6)(a)1.
1. Supplies false or misleading information to obtain the tax benefits.
560.797(6)(a)2.
2. Leaves the enterprise development zone to conduct substantially the same business outside of the enterprise development zone.
560.797(6)(a)3.
3. Ceases operations in the enterprise development zone and does not renew operation of the trade or business or a similar trade or business in the enterprise development zone within 12 months.
560.797(6)(b)
(b) The department shall notify the department of revenue within 30 days after revoking an entitlement under
par. (a).
560.798
560.798
Agricultural development zone. 560.798(1)
(1) In this section, "rural municipality" means any of the following:
560.798(1)(a)
(a) A city, town, or village that is located in a county with a population density of less than 150 persons per square mile.
560.798(1)(b)
(b) A city, town, or village with a population of 6,000 or less.
560.798(2)(a)(a) The department may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department under
sub. (3) is eligible for tax benefits as provided in
sub. (3).
560.798(2)(b)
(b) The designation of an area as an agricultural development zone shall be in effect for 10 years from the time that the department first designates the area. However, not more than $5,000,000 in tax benefits may be claimed in an agricultural development zone. The department may change the boundaries of an agricultural development zone during the time that its designation is in effect. A change in the boundaries of an agricultural development zone does not affect the duration of the designation of the area or the maximum tax benefit amount that may be claimed in the agricultural development zone.
560.798(3)(a)(a) The department may certify for tax benefits in an agricultural development zone a new or expanding agricultural business that is located in the agricultural development zone. In determining whether to certify a business under this subsection, the department shall consider, among other things, the number of jobs that will be created or retained by the business.
560.798(3)(b)
(b) When the department certifies an agricultural business under this subsection, the department shall establish a limit on the amount of tax benefits that the business may claim. The department shall enter into an agreement with the business that specifies the limit on the amount of tax benefits that the business may claim and reporting requirements with which the business must comply.
560.798(4)(a)(a) The department of commerce shall notify the department of revenue of all the following:
560.798(4)(a)2.
2. A business's certification and the limit on the amount of tax benefits that the business may claim.
560.798(5)
(5) The department shall promulgate rules for the operation of this section, including rules related to all the following:
560.798(5)(a)
(a) Criteria for designating an area as an agricultural development zone.
560.798(5)(b)
(b) Criteria for certifying a business for tax benefits.
560.798(5)(c)
(c) Standards for establishing the limit on the amount of tax benefits that a business may claim.
560.798(5)(d)
(d) Reporting requirements for certified businesses.
560.798(5)(e)
(e) The exchange of information between the department of commerce and the department of revenue.
560.798(5)(f)
(f) Reasons for revoking a business's certification.
560.798(5)(g)
(g) Standards for changing the boundaries of an agricultural development zone.
560.798 History
History: 2001 a. 16,
104.
560.798 Cross-reference
Cross Reference: See also ch.
Comm 118, Wis. adm. code.
MINORITY BUSINESS EARLY PLANNING AND DEVELOPMENT PROJECTS
Subch. VII of ch. 560 Note
NOTE: 1989 Wis. Act 31, s.
3015 (1), contains legislative intent regarding subch. VII, which was created by Act 31.
Subch. VII of ch. 560 Cross-reference
Cross Reference: See also s.
Comm 114.01, Wis. adm. code.
560.80
560.80
Definitions. In this subchapter:
560.80(1)
(1) "Board" means the minority business development board.
560.80(2)
(2) "Development project" means the start-up of a business, or the expansion or acquisition of an existing business, that is or will be a minority business or the promotion of economic development and employment opportunities for minority group members or minority businesses.
560.80(3)
(3) "Early planning project" means the preliminary stages of considering and planning the start-up or expansion of a business that will be a minority business.
560.80(3m)
(3m) "Education and training project" means a business education and training program for minority group members and minority businesses that have received loans for working capital from an eligible recipient under
s. 560.837 (1) (b).
560.80(4)
(4) "Eligible development project costs" means costs that, in accordance with sound business and financial practices, are appropriately incurred in connection with a development project, but does not include entertainment expenses or expenses incurred more than 6 months before the board approves a grant or loan under
s. 560.83.
560.80(5m)
(5m) "Finance project" means financial assistance to a minority group member or a minority business described in
s. 560.837.
560.80(6)
(6) "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. "Job" does not include initial training before an employment position begins.
560.80(7)
(7) "Local development corporation" means any of the following:
560.80(7)(a)
(a) The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.
560.80(7)(b)
(b) A corporation organized under
ch. 181 that is a nonprofit corporation as defined in
s. 181.0103 (17), that is at least 51% controlled and actively managed by minority group members and that does all of the following:
560.80(7)(b)1.
1. Operates primarily within specific geographic boundaries.
560.80(7)(b)2.
2. Promotes economic development and employment opportunities for minority group members or minority businesses within the specific geographic area.
560.80(7)(b)3.
3. Demonstrates a commitment to or experience in promoting economic development and employment opportunities for minority group members or minority businesses.
560.80(8)
(8) "Minority business" means a minority business, as defined in
s. 560.036 (1) (e), that has its principal place of business in this state.
560.80(10)
(10) "New minority business" means a minority business started as a result of an early planning project.
560.80(11)
(11) "Project" means a development project, an early planning project, a finance project, an education and training project or a revolving fund project.
560.81
560.81
Minority business grants and loans. The department shall make a grant or loan to an eligible recipient or local development corporation under this subchapter if any of the following apply:
560.81(2)
(2) The board awards a grant or loan to the eligible recipient or local development corporation under
ss. 560.83 (1) and
560.84 or to the eligible recipient under
s. 560.84.
560.81(3)
(3) The board awards a grant or loan to the local development corporation under
s. 560.83 (2).
560.81(4)
(4) The board awards a grant to the eligible recipient under
s. 560.837.
560.82
560.82
Minority business early planning grants. 560.82(1)(1) Subject to
s. 560.84, the department may award a grant under this section to an eligible recipient to fund an early planning project.
560.82(2)
(2) The department may not award a grant under
sub. (1) unless the eligible recipient submits an application, in a form required by the department, that contains or describes all of the following:
560.82(2)(a)
(a) Potential locations of the new minority business.
560.82(2)(b)
(b) The ownership structure of the new minority business.
560.82(2)(c)
(c) The product or service provided by the new minority business.
560.82(2)(d)
(d) The market for the product or service described in
par. (c).
560.82(2)(f)
(f) Any competitive advantages of the new minority business.
560.82(2)(g)
(g) The eligible recipient's estimate of the gross revenue of the new minority business over a period specified by the department.
560.82(2)(h)
(h) The process for manufacturing the product, or providing the services, of the new minority business.
560.82(2)(i)
(i) An estimate of the number of jobs that will be created by the new minority business.
560.82(2)(j)
(j) The eligible recipient's experience and training.
560.82(2)(k)
(k) The eligible recipient's estimate of the profit that will be generated by the new minority business over a period specified by the department.
560.82(2)(L)
(L) The eligible recipient's estimate of the capital required to complete the early planning project.
560.82(2)(m)
(m) Potential sources of financing for the early planning project.
560.82(2)(n)
(n) Any other information that the department requests.
560.82(3)
(3) An eligible recipient who receives a grant under
sub. (1) or s.
560.835 (6), 2001 stats., may only use the proceeds of the grant for the following purposes:
