Amendment ASA1-AB641

AB641-ASA1,15,12 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), and (8r) and passed through to shareholders.

AB641-ASA1, s. 32 Section 32. 71.45 (2) (a) 10. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB641-ASA1,15,21 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), and (8r) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).

AB641-ASA1, s. 33 Section 33. 71.47 (5r) of the statutes is created to read:

AB641-ASA1,15,24 71.47 (5r) Postsecondary education credit. (a) Definitions. In this subsection:

AB641-ASA1,15,25 1. "Claimant" means a corporation that files a claim under this subsection.

AB641-ASA1,15,26 2. "Course of instruction" has the meaning given in s. 38.50 (1) (c).

AB641-ASA1,16,2 3. "Family member" has the meaning given in s. 157.061 (7).

AB641-ASA1,16,5 4. "Managing employee" means an individual who wholly or partially exercises operational or managerial control over, or who directly or indirectly conducts, the operation of the claimant's business.

AB641-ASA1,16,7 5. "Paid or incurred" includes any amount paid by the claimant to reimburse an individual for the tuition that the individual paid or incurred.

AB641-ASA1,16,8 6. "Qualified postsecondary institution" means all of the following:

AB641-ASA1,16,11 a. A University of Wisconsin System institution, a technical college system institution, or a regionally accredited 4-year nonprofit college or university having its regional headquarters and principal place of business in this state.

AB641-ASA1,16,13 b. A school approved under s. 38.50, if the delivery of education occurs in this state.

AB641-ASA1,16,16 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to the following:

AB641-ASA1,16,20 1. Twenty-five percent of the tuition that the claimant paid or incurred for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a course of instruction and eligible for a grant from the Federal Pell Grant Program.

AB641-ASA1,17,2 2. Thirty percent of the tuition that the claimant paid or incurred for an individual to participate in an education program of a qualified postsecondary institution, if the individual was enrolled in a course of instruction that relates to a projected worker shortage in this state, as determined by the local workforce development boards established under 29 USC 2832, and if the individual was eligible for a grant from the Federal Pell Grant Program.

AB641-ASA1,17,5 (c) Limitations. 1. No credit maybe allowed under par. (b) unless the claimant certifies to the department of revenue that the claimant will not be reimbursed for any amount of tuition for which the claimant claims a credit under par. (b).

AB641-ASA1,17,8 2. A claimant may not claim the credit under par. (b) for any tuition amounts that the individual described under par. (b) excluded under section 127 of the Internal Revenue Code.

AB641-ASA1,17,11 3. A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for a family member of a managing employee unless all of the following apply:

AB641-ASA1,17,15 a. The family member was employed an average of at least 20 hours per week as an employee of the claimant, or the claimant's business, during the one-year period prior to commencing participation in the education program in connection with which the claimant claims a credit under par. (b).

AB641-ASA1,17,17 b. The family member is enrolled in a course of instruction that is substantially related to the claimant's business.

AB641-ASA1,17,19 3m. A claimant may not claim the credit under par. (b) for any tuition amounts that the claimant paid or incurred for an individual who is not a resident of this state.

AB641-ASA1,17,23 4. The claimant shall claim the credit for the taxable year in which the individual graduates from a course of instruction in an amount equal to the total amount the claimant paid or incurred under par. (b) for all taxable years in which the claimant paid or incurred such amounts related to that individual.

AB641-ASA1,18,6 5. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on their payment of tuition under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

AB641-ASA1,18,8 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

AB641-ASA1, s. 34 Section 34. 71.49 (1) (cd) of the statutes is created to read:

AB641-ASA1,18,10 71.49 (1) (cd) Postsecondary education credit under s. 71.47 (5r).

AB641-ASA1, s. 35 Section 35. 77.92 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB641-ASA1,19,3 77.92 (4) "Net business income," with respect to a partnership, means taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section 3121 (d) (3) of the Internal Revenue Code.

AB641-ASA1, s. 36 Section 36. 560.203 of the statutes is created to read:

AB641-ASA1,19,15 560.203 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.

AB641-ASA1, s. 37 Section 37. 560.205 (3) (d) of the statutes, as affected by 2009 Wisconsin Act 2, is renumbered 560.205 (3) (d) (intro.) and amended to read:

AB641-ASA1,20,20 560.205 (3) (d) Rules. (intro.) 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, 2011 2010, $6,500,000 for calendar year 2010, and $18,000,000 $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, 2011 2010, $8,000,000 for calendar year 2010, and $18,500,000 $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) or 560.799 (1) (c), if all of the following apply:

AB641-ASA1, s. 38 Section 38. 560.205 (3) (d) 1. of the statutes is created to read:

AB641-ASA1,20,23 560.205 (3) (d) 1. The department notifies the joint committee on finance in writing of its proposed reallocation.

AB641-ASA1, s. 39 Section 39. 560.205 (3) (d) 2. of the statutes is created to read:

AB641-ASA1,20,25 560.205 (3) (d) 2. One of the following is true:

AB641-ASA1,21,4 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.

AB641-ASA1,21,6 b. The cochairpersons of the joint committee on finance notify the department that the committee has approved the proposed reallocation.

AB641-ASA1, s. 40 Section 40. 560.2055 (4) (c) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB641-ASA1,21,11 560.2055 (4) (c) The Subject to a reallocation by the department pursuant to rules promulgated under s. 560.205 (3) (d), the department may allocate up to $5,000,000 in tax benefits under this section in any calendar year.

AB641-ASA1, s. 41 Section 41. 560.27 (1) (c) of the statutes is created to read:

AB641-ASA1,21,23 560.27 (1) (c) Annually, beginning in fiscal year 2010-11, the department shall award a grant of $100,000 from the appropriation under s. 20.143 (1) (d) to the high-technology business development corporation. The department shall enter into an agreement with the high-technology business development corporation requiring the grant proceeds to be used for employing a grant writer to assist businesses to apply for federal small business innovation research grants. The department shall submit annually to the legislature under s. 13.172 (2) a report detailing the number of grant applications assisted by the grant writer, the number of applications assisted by the grant writer that won grants and the total amount of the grants, and the number of any jobs created as a result of the grant writer's activities.

AB641-ASA1, s. 42 Section 42. 560.27 (3) (c) of the statutes is amended to read:

AB641-ASA1,22,3 560.27 (3) (c) The department may not make grants under this subsection that exceed $200,000 in total in fiscal year 2000-01, or that exceed $250,000 $750,000 in total in any fiscal year thereafter.

AB641-ASA1, s. 43 Section 43. 560.276 of the statutes is created to read:

AB641-ASA1,22,6 560.276 Technology transfer grant and loan program. (1) Definitions. In this section:

AB641-ASA1,22,7 (a) "Business" has the meaning given in s. 560.60 (2).

AB641-ASA1,22,8 (b) "Research institution" means any of the following if located in this state:

AB641-ASA1,22,9 1. An accredited college or university.

AB641-ASA1,22,11 2. An accredited school of medicine, dentistry, veterinary medicine, medicine and public health, public health, or health professionals.

AB641-ASA1,22,12 3. An accredited center for health sciences.

AB641-ASA1,22,14 4. A hospital in which research is conducted. In this subdivision, "hospital" has the meaning given in s. 50.33 (2).

AB641-ASA1,22,21 (2) Grants and loans. From the appropriations under s. 20.143 (1) (c), (fi), (ie), (ig), (io), and (kj), the department may award a grant or loan to a research institution to provide money for research and development activities related to the creation or retention of jobs by a business, or to improving the competitive position of a business by improving the innovativeness of the business. The department may award a grant or loan under this section if the research institution applies for a grant or loan on a form prepared by the department and all of the following are satisfied:

AB641-ASA1,22,23 (a) The department determines that the research and development activities are likely to result in an economic benefit to one or more specific businesses.

AB641-ASA1,22,25 (b) The department determines that the research and development activities will be conducted substantially in this state.

AB641-ASA1,23,2 (c) The department considers the availability of matching funds from the research institution, the business, and other sources.

AB641-ASA1,23,5 (d) The department enters into a written agreement with the research institution that specifies the conditions for use of the grant or loan proceeds, including reporting and auditing requirements.

AB641-ASA1,23,7 (3) Limits. No grant or loan awarded to a research institution under this section may exceed $100,000.

AB641-ASA1, s. 44 Section 44. 560.703 (1) (a) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

AB641-ASA1,23,14 560.703 (1) (a) Except as provided in par. (b), and subject to a reallocation by the department pursuant to rules promulgated under s. 560.205 (3) (d), the total tax benefits available to be allocated by the department under ss. 560.701 to 560.706 may not exceed the sum of the tax benefits remaining to be allocated under ss. 560.71 to 560.785, 560.797, 560.798, 560.7995, and 560.96 on March 6, 2009.

AB641-ASA1, s. 45 Section 45 . Nonstatutory provisions.

AB641-ASA1,24,7 (1) Rural outsourcing grants. From the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce may award grants during the 2009-11 fiscal biennium to businesses for outsourcing work to rural municipalities, as defined under section 560.17 (1) (d) of the statutes. The department shall require grantees to obtain funding from sources other than the state in an amount at least equal to the amount of the grant. In determining whether a grantee has obtained sufficient funding from sources other than the state, the department shall credit the grantee's capital expenditures, family supporting wages, rent or other facility costs, electricity costs, equipment leases, and software expenditures. The total amount of grants awarded under this subsection may not exceed $500,000. The department may promulgate rules necessary to administer this subsection as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB641-ASA1,24,13 (2) High-technology business development corporation grant. In fiscal year 2010-11, the department of commerce shall award to the high-technology business development corporation under section 560.27 of the statutes a grant of $100,000 from the appropriation account under section 20.143 (1) (d) of the statutes, for procuring an economic modeling database for the use of regional economic development entities.

AB641-ASA1,25,2 (3) Manufacturing facility conversion grants. In fiscal year 2010-11, the department of commerce shall award grants from the appropriation account under section 20.143 (1) (c) of the statutes to provide incentives to companies for converting existing manufacturing facilities to the production of renewable energy or the manufacturing of equipment used in the production of renewable energy. The total amount of grants awarded under this subsection may not exceed $2,000,000. The department of commerce may promulgate rules necessary to implement this subsection as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB641-ASA1,25,6 (4) Grant to Pleasant Prairie Technology Incubator Center. Notwithstanding 2009 Wisconsin Act 28, section 9110 (17q), the department of commerce shall award the grant required under 2009 Wisconsin Act 28, section 9110 (17q), no later than than 30 days after the effective date of this subsection.

AB641-ASA1,25,17 (5) Targeted microloans; rules. The department of commerce may promulgate emergency rules under section 227.24 of the statutes for the establishment and administration of section 560.203 of the statutes, as created by this act, for the period before the effective date of any permanent rules promulgated under section 560.203 of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB641-ASA1, s. 46 Section 46. Fiscal changes.

AB641-ASA1,25,19 (1) Wisconsin development fund.

AB641-ASA1,26,5 (a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $500,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purposes for which the appropriation is made. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $2,500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purposes for which the appropriation is made, and to provide funding for grants under Section 45 (3) of this act.

AB641-ASA1,26,10 (b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for loans under section 560.203 of the statutes, as created by this act.

AB641-ASA1,26,17 (2) High-technology business development corporation grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (d) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $200,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for the grant under section 560.27 (1) (c) of the statutes, as created by this act, and for the grant under Section 45 (2) of this act.

AB641-ASA1,27,2 (3) Rural outsourcing grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (im) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $250,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for rural outsourcing grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (im) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $250,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for rural outsourcing grants.

AB641-ASA1,27,8 (4) Training program grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the technical college system board under section 20.292 (1) (eh) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $1,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purpose for which the appropriation is made.

AB641-ASA1,27,14 (5) Regulatory ombudsman center position. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $75,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase the authorized FTE positions for the regulatory ombudsman center by 1.0 GPR position.

AB641-ASA1, s. 47 Section 47. Initial applicability.

AB641-ASA1,27,22 (1) Postsecondary education tax credits. The treatment of sections 71.05 (6) (a) 15., 71.07 (5r), 71.10 (4) (cd), 71.21 (4), 71.26 (2) (a) 4., 71.28 (5r), 71.30 (3) (cd), 71.34 (1k) (g), 71.45 (2) (a) 10., 71.47 (5r), 71.49 (1) (cd), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this act first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB641-ASA1, s. 48 Section 48. Effective dates. This act takes effect on the day after publication, except as follows:

AB641-ASA1,28,2 (1) Emerging technology center. The repeal of sections 20.285 (1) (eg) and 36.25 (54) of the statutes takes effect on June 30, 2011.

AB641-ASA1,28,3 (End)