560.17(5c)(a)3.
3. The grant proceeds will be used to pay for services related to the start-up, modernization, or expansion of the dairy farm or other agricultural business, or for management assistance continuing after the completion of the start-up, modernization, or expansion of the dairy farm or other agricultural business.
560.17(5c)(a)4.
4. The grant is likely to result in the start-up, modernization or expansion of the dairy farm or other agricultural business.
560.17(5c)(b)
(b) The total amount of grants awarded under this subsection in any fiscal year may not exceed $500,000.
560.17(5m)(a)(a) Subject to
par. (cm), the board may award a grant or loan under this subsection that does not exceed $100,000 to a business if all of the following apply:
560.17(5m)(a)1.
1. The business, together with any affiliate, subsidiary or parent entity, has fewer than 50 employees.
560.17(5m)(a)4.
4. The business successfully demonstrates the feasibility of the project.
560.17(5m)(a)5.
5. Financing is unavailable from any other source on reasonably equivalent terms.
560.17(5m)(b)
(b) A business shall use the proceeds of a grant or loan under this subsection for any of the following:
560.17(5m)(bm)
(bm) If a business receives a grant or loan under this subsection for the purpose specified in
par. (b) 3., the department shall ensure that an employee of the business has the option of accepting or declining any relocation assistance that is available as a result of the grant or loan.
560.17(5m)(cm)
(cm) Of the total amount awarded in grants and loans in a fiscal biennium under this subsection, the board shall award not less than 25% and not more than 50% for purposes related to an agricultural business. The board shall give priority under this paragraph for grants or loans that will be used for purposes related to a dairy farm, as defined in 97.22 (1) (a).
560.17(6)
(6) Before awarding a loan under this section, the board shall do all of the following:
560.17(6)(a)
(a) Determine the terms for repayment of the principal amount of the loan.
560.17(6)(c)
(c) Establish all other terms and conditions of the loan after considering the circumstances of the particular business.
560.17(6m)
(6m) To receive a grant or loan under this section a person or business shall contribute cash, from a source other than the state, in an amount that equals at least 25% of the total cost of the project.
560.17(6r)
(6r) The board shall give priority for grants or loans under this section for projects related to brownfields redevelopment.
560.17(7)(a)(a) Except as provided in
par. (am), the department shall designate staff to evaluate applications for grants or loans and assist the board under this section. The board shall act on an application for a grant or loan at its next regularly scheduled meeting after the department determines that the application is complete.
560.17(7)(am)
(am) The department of commerce and the department of agriculture, trade and consumer protection shall designate staff to evaluate applications for grants or loans for purposes related to agricultural businesses and to make recommendations and assist the board with respect to those applications.
560.17(7)(b)
(b) The board or department shall deposit all interest or principal payments received for loans made under this section in the appropriation under
s. 20.143 (1) (ir).
560.17(7)(d)
(d) The department or board may not limit the time period during which applications for grants and loans under this section may be accepted.
560.17(7)(e)
(e) If the board awards, and the department makes, a grant under
sub. (3) or
(5c), the department may contract directly with and pay grant proceeds directly to any person providing technical or management assistance to the grant recipient.
560.17 Cross-reference
Cross-reference: See also s.
Comm 116.01, Wis. adm. code.
560.19
560.19
Pollution prevention. 560.19(2)
(2) From the appropriation under
s. 20.143 (1) (em), the department may contract with the board of regents of the University of Wisconsin System for educational services from the University of Wisconsin-Extension solid and hazardous waste education center. If the department enters into a contract under this subsection, the contract shall provide that the solid and hazardous waste center shall do all of the following:
560.19(2)(a)
(a) Expand its educational program to include business assessment activities that are specified in the contract and that have the following purposes:
560.19(2)(a)1.
1. Determining the full costs of using and producing hazardous substances, toxic pollutants and solid or hazardous waste.
560.19(2)(a)2.
2. Identifying processes that use or produce hazardous substances, toxic pollutants or solid or hazardous waste and the composition of the hazardous substances, toxic pollutants or solid or hazardous waste.
560.19(2)(b)
(b) Consider all of the following in conducting the business assessment activities under the contract:
560.19(2)(b)1.
1. The need for a pollution prevention assessment and a program participant's willingness to participate in an assessment.
560.19(2)(b)2.
2. The technical and financial ability of a program participant to implement pollution prevention.
560.19(2)(b)3.
3. The potential for others to use the information gained from a pollution prevention assessment.
560.19(3)
(3) In coordination with the solid and hazardous waste education center under
s. 36.25 (30) and the department of natural resources, the department shall conduct an education, environmental management and technical assistance program to promote pollution prevention among businesses in the state.
560.203
560.203
Targeted microloans. The department shall create a pilot program for making microloans from the appropriation under
s. 20.143 (1) (c) at nominal interest rates for the creation of new businesses. The department shall designate 2 areas of the state, one urban and one rural, that are affected by high unemployment. Only residents of the areas designated by the department are eligible for loans under this section, and the amount of a loan under this section may not exceed $25,000. The department shall, through a competitive process, select a Wisconsin nonprofit finance corporation to administer the pilot program. The department shall partner with federal, state, regional, and local economic development entities to provide business training for applicants and borrowers under this section. The department may not make a loan under this section after July 31, 2013.
560.203 History
History: 2009 a. 265.
560.204
560.204
Hardware and software used to maintain medical records. 560.204(2)
(2) If the department certifies a health care provider under
sub. (1), the department shall determine the amount of credits to allocate to the health care provider. The total amount of electronic medical records credits allocated to health care providers in any year may not exceed $10,000,000.
560.204(3)
(3) The department shall inform the department of revenue of every health care provider certified under
sub. (1) and the amount of credits allocated to the health care provider.
560.204(4)
(4) The department, in consultation with the department of revenue, shall promulgate rules to administer this section.
560.204 History
History: 2007 a. 20.
560.205
560.205
Early stage business investment program. 560.205(1)(1)
Angel investment tax credits. The department shall implement a program to certify businesses for purposes of
s. 71.07 (5d). A business desiring certification shall submit an application to the department in each taxable year for which the business desires certification. The business shall specify in its application the investment amount it wishes to raise and the department may certify the business and determine the amount that qualifies for purposes of
s. 71.07 (5d). Unless otherwise provided under the rules of the department, a business may be certified under this subsection, and may maintain such certification, only if the business satisfies all of the following conditions:
560.205(1)(b)
(b) At least 51 percent of the employees employed by the business are employed in this state.
560.205(1)(f)
(f) It has the potential for increasing jobs in this state, increasing capital investment in this state, or both, and any of the following apply:
560.205(1)(f)1.
1. It is engaged in, or has committed to engage in, innovation in any of the following:
560.205(1)(f)1.a.
a. Manufacturing, biotechnology, nanotechnology, communications, agriculture, or clean energy creation or storage technology.
560.205(1)(f)1.b.
b. Processing or assembling products, including medical devices, pharmaceuticals, computer software, computer hardware, semiconductors, any other innovative technology products, or other products that are produced using manufacturing methods that are enabled by applying proprietary technology.
560.205(1)(f)2.
2. It is undertaking pre-commercialization activity related to proprietary technology that includes conducting research, developing a new product or business process, or developing a service that is principally reliant on applying proprietary technology.
560.205(1)(g)
(g) It is not primarily engaged in real estate development, insurance, banking, lending, lobbying, political consulting, professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, wholesale or retail trade, leisure, hospitality, transportation, or construction, except construction of power production plants that derive energy from a renewable resource, as defined in
s. 196.378 (1) (h).
560.205(1)(j)
(j) It has been in operation in this state for not more than 10 consecutive years.
560.205(1)(k)
(k) For taxable years beginning before January 1, 2008, it has not received more than $1,000,000 in investments that have qualified for tax credits under
s. 71.07 (5d).
560.205(1)(km)
(km) It has not received aggregate private equity investment in cash of more than $10,000,000 prior to being certified under this subsection.
560.205(2)
(2) Early stage seed investment tax credits. The department shall implement a program to certify investment fund managers for purposes of
ss. 71.07 (5b),
71.28 (5b),
71.47 (5b), and
76.638. An investment fund manager desiring certification shall submit an application to the department. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department may certify the manager and determine the amount that qualifies for purposes of
ss. 71.07 (5b),
71.28 (5b),
71.47 (5b), and
76.638. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under
sub. (1).
560.205(3)(a)(a)
List of certified businesses and investment fund managers. The department shall maintain a list of businesses certified under
sub. (1) and investment fund managers certified under
sub. (2) and shall permit public access to the lists through the department's Internet Web site.
560.205(3)(b)
(b)
Notification of department of revenue. The department of commerce shall notify the department of revenue of every certification issued under
sub. (1) and
(2) and the date on which any such certification is revoked or expires.
560.205(3)(d)
(d)
Rules. The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section. The rules shall further define "bona fide angel investment" for purposes of
s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under
s. 71.07 (5d) that may be claimed for investments in businesses certified under
sub. (1) at $3,000,000 per calendar year for calendar years beginning after December 31, 2004, and before January 1, 2008, $5,500,000 per calendar year for calendar years beginning after December 31, 2007, and before January 1, 2010, $6,500,000 for calendar year 2010, and $20,000,000 per calendar year for calendar years beginning after December 31, 2010, plus, for taxable years beginning after December 31, 2010, an additional $250,000 for tax credits that may be claimed for investments in nanotechnology businesses certified under
sub. (1). The rules shall also limit the aggregate amount of the tax credits under
ss. 71.07 (5b),
71.28 (5b),
71.47 (5b), and
76.638 that may be claimed for investments paid to fund managers certified under
sub. (2) at $3,500,000 per calendar year for calendar years beginning after December 31, 2004, and before January 1, 2008, $6,000,000 per calendar year for calendar years beginning after December 31, 2007, and before January 1, 2010, $8,000,000 for calendar year 2010, and $20,500,000 per calendar year for calendar years beginning after December 31, 2010, plus, for taxable years beginning after December 31, 2010, an additional $250,000 for tax credits that may be claimed for investments in nanotechnology businesses certified under
sub. (1). The rules shall also provide that, for calendar years beginning after December 31, 2007, no person may receive a credit under
ss. 71.07 (5b) and
(5d),
71.28 (5b),
71.47 (5b), or
76.638 unless the person's investment is kept in a certified business, or with a certified fund manager, for no less than 3 years. The rules shall permit the department to reallocate credits under this section that are unused in any calendar year to a person eligible for tax benefits, as defined under
s. 560.2055 (1) (d), if all of the following apply:
560.205(3)(d)1.
1. The department notifies the joint committee on finance in writing of its proposed reallocation.
560.205(3)(d)2.a.
a. The cochairpersons of the joint committee on finance fail to notify the department, within 14 working days after the date of the department's notification under
subd. 1., that the committee has scheduled a meeting for the purpose of reviewing the proposed reallocation.
560.205(3)(d)2.b.
b. The cochairpersons of the joint committee on finance notify the department that the committee has approved the proposed reallocation.
560.205(3)(e)
(e)
Transfer. A person who is eligible to claim a credit under
s. 71.07 (5b),
71.28 (5b),
71.47 (5b), or
76.638 may sell or otherwise transfer the credit to another person who is subject to the taxes or fees imposed under
s. 71.02,
71.23,
71.47, or
subch. III of ch. 76, if the person receives prior authorization from the investment fund manager and the manager then notifies the department of commerce and the department of revenue of the transfer and submits with the notification a copy of the transfer documents. No person may sell or otherwise transfer a credit as provided in this paragraph more than once in a 12-month period. The department may charge any person selling or otherwise transferring a credit under this paragraph a fee equal to 1 percent of the credit amount sold or transferred. The department shall deposit all fees collected under this paragraph in the appropriation account under
s. 20.143 (1) (gm).
560.205 Cross-reference
Cross-reference: See also ch.
Comm 129, Wis. adm. code.
560.2055(1)(a)1.1. Except as provided in
subd. 2., "business" means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company, or association.
560.2055(1)(a)2.
2. "Business" does not include a store or shop in which retail sales is the principal business.
560.2055(1)(b)
(b) "Eligible employee" means a person employed in a full-time job by a person certified under
sub. (2).
560.2055(1)(c)
(c) "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 percent 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.
560.2055(2)
(2) Certification. The department may certify a person to receive tax benefits under this section if all of the following apply:
560.2055(2)(a)
(a) The person is operating or intends to operate a business in this state.
