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(j) Any other criteria established under
rules policies and procedures adopted
23by the
corporation authority.
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24(5) (g) The limit under s.
238.368
235.368 on tax benefits the person may claim
25while an area is designated as a development zone.
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1(h) Other information required by the
corporation authority or the department
2of revenue.
AB21,4021
3Section
4021. 238.368 of the statutes is renumbered 235.368, and 235.368 (1)
4(a) and (b) (intro.), 1. and 2., (2) (intro.) and (b) and (3) (a) (intro.) and 1. and (b), as
5renumbered, are amended to read:
AB21,1509,86
235.368
(1) (a) The
corporation authority shall establish a limit on the
7maximum amount of tax benefits a person certified under s.
238.365 235.365 (3) may
8claim while an area is designated as a development zone.
AB21,1509,109
(b) (intro.) When establishing a limit on tax benefits under par. (a), the
10corporation authority shall do all of the following:
AB21,1509,1111
1. Consider all of the criteria described in s.
238.365 235.365 (3) (a) to (e).
AB21,1509,1712
2. Establish a limit which does not greatly exceed a recommended limit,
13established under
rules policies and procedures adopted by the
corporation authority 14based on the cost, number and types of full-time jobs that will be created, retained,
15or upgraded, including full-time jobs available to members of the targeted
16population, as a result of the economic activity of the person certified under s.
17238.365 235.365 (3).
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18(2) (intro.) The
corporation authority may, upon request, increase a limit on tax
19benefits established under sub. (1) if the
corporation
authority does all of the
20following:
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(b) Revises the certification required under s.
238.365 235.365 (5) and provides
22a copy of the revised form to the department of revenue and the person whose limit
23is increased under this subsection.
AB21,1510,3
1(3) (a) (intro.) The
corporation authority may reduce a limit established under
2sub. (1) or (2) if the
corporation authority determines that any of the following
3applies:
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1. The limit is not consistent with the criteria listed under s.
238.365 235.365 5(3) (a) to (e).
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(b) The
corporation authority shall notify the department of revenue and the
7person whose limit on tax benefits is reduced under par. (a) and provide a written
8explanation to the person of the reasons for reducing the limit.
AB21,4022
9Section
4022. 238.37 of the statutes is renumbered 235.37, and 235.37 (1)
10(intro.) and (b) and (2), as renumbered, are amended to read:
AB21,1510,1211
235.37
(1) (intro.) The
corporation
authority shall revoke the certification of a
12person certified under s.
238.365 235.365 (3) if the person does any of the following:
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(b) Becomes subject to revocation under s.
238.38
235.38 (1).
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14(2) The
corporation authority shall notify the department of revenue within 30
15days of revoking a certification under sub. (1).
AB21,4023
16Section
4023. 238.38 of the statutes is renumbered 235.38, and 235.38 (1)
17(intro.), (1m), (2) (intro.) and (a) and (3) (a) and (b), as renumbered, are amended to
18read:
AB21,1510,2319
235.38
(1) (intro.) Except as provided in subs. (2) and (3), no person may be
20certified under s.
238.365 235.365 (3), or a person's certification may be revoked
21under s.
238.37 235.37, if the proposed new business, expansion of an existing
22business, or other proposed economic activity in a development zone would do or does
23any of the following:
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24(1m) No person may be certified under s.
238.365 235.365 (3) on or after March
256, 2009.
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1(2) (intro.) Subsection (1) does not apply if, after a hearing, the
corporation 2authority, or the local governing body under sub. (3) (a), determines that any of the
3following applies:
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(a) The total number of full-time jobs provided by the person in this state would
5be reduced if the person were not certified under s.
238.365 235.365 (3) or if the
6person's certification were revoked.
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7(3) (a) Except as provided in pars. (b) and (c), if the economic activity for which
8a person is seeking certification under s.
238.365
235.365 (3) is the relocation of a
9business into a development zone from a location that is outside the development
10zone but within the limits of a city, village, town, or federally recognized American
11Indian reservation in which that development zone is located, the local governing
12body that nominated that area as a development zone under s.
238.32 235.32 shall
13determine whether sub. (2) (a) or (b) applies.
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(b) Only the
corporation authority may determine whether sub. (2) (a) or (b)
15applies to a business relocation described in par. (a) if the business relocation would
16likely result in the loss of full-time jobs at or transfer of employees from a business
17location that is in this state but outside the limits of any city, village, town, or
18federally recognized American Indian reservation in which the development zone is
19located.
AB21,4024
20Section
4024. 238.385 of the statutes is renumbered 235.385, and 235.385 (1)
21(intro.) and (bm) and (2) (intro.), (b) and (c), as renumbered, are amended to read:
AB21,1512,222
235.385
(1) (intro.) For the development zone program under ss.
238.30 235.30 23and
238.31 to 238.38 235.31 to 235.38, the development opportunity zone program
24under s.
238.395 235.395, and the enterprise development zone program under s.
25238.397 235.397, the
corporation authority shall adopt
rules
policies and procedures
1that further define a person's eligibility for tax benefits. The
rules policies and
2procedures shall do at least all of the following:
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(bm) Allow a person to claim up to $8,000 in tax benefits during the time that
4an area is designated as an enterprise development zone for retaining a full-time job
5if the
corporation authority determines that the person made a significant capital
6investment to retain the full-time job.
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7(2) (intro.) The
corporation authority may
by rule specify circumstances under
8which the
corporation authority may grant exceptions to any of the following:
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(b) The requirement under ss.
238.30 235.30 (2m) and
238.397 235.397 (1) (am)
10that an individual's pay must equal at least 150% of the federal minimum wage.