LRBa1283/2
JK&CTS:kjf&cjs:md
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 641
April 6, 2010 - Offered by Representative Molepske Jr..
AB641-ASA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB641-ASA1-AA1,1,3 21. Page 1, line 12: after "credits;" insert "modifying the early stage seed and
3jobs tax credits;".
AB641-ASA1-AA1,1,4 42. Page 2, line 11: after that line insert: - See PDF for table PDF
AB641-ASA1-AA1,1,5 53. Page 3, line 10: after that line insert:
AB641-ASA1-AA1,1,6 6" Section 2g. 20.143 (1) (cp) of the statutes is created to read:
AB641-ASA1-AA1,2,27 20.143 (1) (cp) Rural outsourcing grants. Biennially, the amounts in the
8schedule for rural outsourcing grants under 2009 Wisconsin Act .... (this act), section

145 (1) and to make expenditures authorized under 2009 Wisconsin Act .... (this act),
2section 45 (1) (c).
AB641-ASA1-AA1, s. 2r 3Section 2r. 20.143 (1) (cp) of the statutes, as created by 2009 Wisconsin Act
4.... (this act), is repealed.".
AB641-ASA1-AA1,2,5 54. Page 9, line 4: after that line insert:
AB641-ASA1-AA1,2,7 6" Section 23d. 71.07 (3q) (c) 3. of the statutes, as created by 2009 Wisconsin Act
728
, is amended to read:
AB641-ASA1-AA1,2,118 71.07 (3q) (c) 3. The maximum amount of credits that may be awarded under
9this subsection and ss. 71.28 (3q) and 71.47 (3q) for the period beginning on January
101, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of
11any credits reallocated under s. 560.205 (3) (d)
.
AB641-ASA1-AA1, s. 23g 12Section 23g. 71.07 (5b) (b) 1. of the statutes is amended to read:
AB641-ASA1-AA1,2,2413 71.07 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject
14to the limitations provided under this subsection and s. 560.205, and except as
15provided in subd. 2., a claimant may claim as a credit against the tax imposed under
16ss. 71.02 and 71.08, up to the amount of those taxes, 25 percent of the claimant's
17investment paid to a fund manager that the fund manager invests in a business
18certified under s. 560.205 (1), except that, for taxable years beginning after
19December 31, 2009, and before January 1, 2014, a claimant may claim 40 percent of
20the claimant's investment paid to a fund manager that the fund manager invests in
21a business certified under s. 560.205 (1), if the fund manager has invested no more
22than $500,000 in the business and the business has received no more than
23$2,000,000 in investments that have qualified for credits under this subsection or s.
2471.28 (5b) or 71.47 (5b)
.
AB641-ASA1-AA1, s. 23h
1Section 23h. 71.07 (5b) (b) 2. of the statutes is amended to read:
AB641-ASA1-AA1,3,92 71.07 (5b) (b) 2. In the case of a partnership, limited liability company, or
3tax-option corporation, the computation of the 25 or 40 percent limitation under
4subd. 1. shall be determined at the entity level rather than the claimant level and
5may be allocated among the claimants who make investments in the manner set
6forth in the entity's organizational documents. The entity shall provide to the
7department of revenue and to the department of commerce the names and tax
8identification numbers of the claimants, the amounts of the credits allocated to the
9claimants, and the computation of the allocations.".
AB641-ASA1-AA1,3,10 105. Page 12, line 16: after that line insert:
AB641-ASA1-AA1,3,12 11" Section 28d. 71.28 (3q) (c) 3. of the statutes, as created by 2009 Wisconsin Act
1228
, is amended to read:
AB641-ASA1-AA1,3,1613 71.28 (3q) (c) 3. The maximum amount of credits that may be awarded under
14this subsection and ss. 71.07 (3q) and 71.47 (3q) for the period beginning on January
151, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of
16any credits reallocated under s. 560.205 (3) (d)
.
AB641-ASA1-AA1, s. 28g 17Section 28g. 71.28 (5b) (b) 1. of the statutes is amended to read:
AB641-ASA1-AA1,4,418 71.28 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject
19to the limitations provided under this subsection and s. 560.205, and except as
20provided in subd. 2., a claimant may claim as a credit against the tax imposed under
21s. 71.23, up to the amount of those taxes, 25 percent of the claimant's investment paid
22to a fund manager that the fund manager invests in a business certified under s.
23560.205 (1), except that, for taxable years beginning after December 31, 2009, and
24before January 1, 2014, a claimant may claim 40 percent of the claimant's investment

1paid to a fund manager that the fund manager invests in a business certified under
2s. 560.205 (1), if the fund manager has invested no more than $500,000 in the
3business and the business has received no more than $2,000,000 in investments that
4have qualified for credits under this subsection or s. 71.07 (5b) or 71.47 (5b)
.
AB641-ASA1-AA1, s. 28h 5Section 28h. 71.28 (5b) (b) 2. of the statutes is amended to read:
AB641-ASA1-AA1,4,136 71.28 (5b) (b) 2. In the case of a partnership, limited liability company, or
7tax-option corporation, the computation of the 25 or 40 percent limitation under
8subd. 1. shall be determined at the entity level rather than the claimant level and
9may be allocated among the claimants who make investments in the manner set
10forth in the entity's organizational documents. The entity shall provide to the
11department of revenue and to the department of commerce the names and tax
12identification numbers of the claimants, the amounts of the credits allocated to the
13claimants, and the computation of the allocations.".
AB641-ASA1-AA1,4,14 146. Page 15, line 21: after that line insert:
AB641-ASA1-AA1,4,16 15" Section 32d. 71.47 (3q) (c) 3. of the statutes, as created by 2009 Wisconsin Act
1628
, is amended to read:
AB641-ASA1-AA1,4,2017 71.47 (3q) (c) 3. The maximum amount of credits that may be awarded under
18this subsection and ss. 71.07 (3q) and 71.28 (3q) for the period beginning on January
191, 2010, and ending on June 30, 2013, is $14,500,000, not including the amount of
20any credits reallocated under s. 560.205 (3) (d)
.
AB641-ASA1-AA1, s. 32g 21Section 32g. 71.47 (5b) (b) 1. of the statutes is amended to read:
AB641-ASA1-AA1,5,822 71.47 (5b) (b) 1. For taxable years beginning after December 31, 2004, subject
23to the limitations provided under this subsection and s. 560.205, and except as
24provided in subd. 2., a claimant may claim as a credit against the tax imposed under

1s. 71.43, up to the amount of those taxes, 25 percent of the claimant's investment paid
2to a fund manager that the fund manager invests in a business certified under s.
3560.205 (1), except that, for taxable years beginning after December 31, 2009, and
4before January 1, 2014, a claimant may claim 40 percent of the claimant's investment
5paid to a fund manager that the fund manager invests in a business certified under
6s. 560.205 (1), if the fund manager has invested no more than $500,000 in the
7business and the business has received no more than $2,000,000 in investments that
8have qualified for credits under this subsection or s. 71.07 (5b) or 71.28 (5b)
.
AB641-ASA1-AA1, s. 32h 9Section 32h. 71.47 (5b) (b) 2. of the statutes is amended to read:
AB641-ASA1-AA1,5,1710 71.47 (5b) (b) 2. In the case of a partnership, limited liability company, or
11tax-option corporation, the computation of the 25 or 40 percent limitation under
12subd. 1. shall be determined at the entity level rather than the claimant level and
13may be allocated among the claimants who make investments in the manner set
14forth in the entity's organizational documents. The entity shall provide to the
15department of revenue and to the department of commerce the names and tax
16identification numbers of the claimants, the amounts of the credits allocated to the
17claimants, and the computation of the allocations.".
AB641-ASA1-AA1,5,19 187. Page 23, line 16: delete the material beginning with that line and ending
19with page 24, line 7, and substitute:
AB641-ASA1-AA1,5,20 20"(1) Rural outsourcing grants.
AB641-ASA1-AA1,6,10 21(a) From the appropriations under section 20.143 (1) (cp), (ie), (ig), (im), and (ir)
22of the statutes, as affected by this act, the department of commerce may award grants
23during the 2009-11 fiscal biennium to businesses for outsourcing work to rural
24municipalities, as defined under section 560.17 (1) (d) of the statutes. The

1department may award a grant from the appropriation under section 20.143 (1) (cp)
2of the statutes, as created by this act, only to the extent the unencumbered balances
3of the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes,
4as affected by this act, are insufficient to award the grant. The department shall
5require grantees to obtain funding from sources other than the state in an amount
6at least equal to the amount of the grant. In determining whether a grantee has
7obtained sufficient funding from sources other than the state, the department shall
8credit the grantee's capital expenditures, family supporting wages, rent or other
9facility costs, electricity costs, equipment leases, and software expenditures. The
10total amount of grants awarded under this subsection may not exceed $500,000.
AB641-ASA1-AA1,6,18 11(b) Not more than 45 days after the effective date of this paragraph, the
12department of commerce shall promulgate, as emergency rules under section 227.24
13of the statutes, rules necessary to administer this subsection. Notwithstanding
14section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide
15evidence that promulgating a rule under this subsection as an emergency rule is
16necessary for the preservation of public peace, health, safety, or welfare and is not
17required to provide a finding of emergency for a rule promulgated under this
18subsection.
AB641-ASA1-AA1,7,3 19(c) Notwithstanding paragraph (a) if, by the first day of the 12th month
20beginning after the effective date of the rules promulgated under paragraph (b), the
21department of commerce has not received applications for grants under this
22subsection totaling $500,000, the department may spend an amount equal to the
23difference between the unencumbered balance of the appropriation account under
24section 20.143 (1) (cp) of the statutes, as created by this act, and the total amount of
25grants under this subsection for which it has received applications or $250,000,

1whichever is less, from the appropriation under section 20.143 (1) (cp) of the statutes,
2as created by this act, for any purpose specified under section 20.143 (1) (c) of the
3statutes, as affected by this act.".
AB641-ASA1-AA1,7,5 48. Page 26, line 18: delete the material beginning with that line and ending
5with page 27, line 2.
AB641-ASA1-AA1,7,6 69. Page 27, line 14: after that line insert:
AB641-ASA1-AA1,7,13 7"(6) Small business ombudsman funding. In the schedule under section 20.005
8(3) of the statutes for the appropriation to the department of commerce under section
920.143 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is
10increased by $75,000 for the second fiscal year of the fiscal biennium in which this
11subsection takes effect to provide supplemental funding so that a
12previously-authorized 1.0 FTE GPR small business ombudsman position is funded
13for a full year.".
AB641-ASA1-AA1,7,14 1410. Page 28, line 2: after that line insert:
AB641-ASA1-AA1,7,16 15"(2m) Rural outsourcing grants. The repeal of section 20.143 (1) (cp) of the
16statutes takes effect on June 30, 2011.".
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