AB40-ASA1, s. 3355g
19Section 3355g. 560.204 (title), (1), (2) and (4) of the statutes are renumbered
2073.15 (title), (1), (2) and (3), and 73.15 (1), (2) and (3), as renumbered, are amended
21to read:
AB40-ASA1,1308,2422
73.15
(1) The department
of revenue shall implement a program to certify
23health care providers as eligible for the electronic medical records credit under ss.
2471.07 (5i), 71.28 (5i), and 71.47 (5i).
AB40-ASA1,1309,4
1(2) If the department
of revenue certifies a health care provider under sub. (1),
2the department shall determine the amount of credits to allocate to the health care
3provider. The total amount of electronic medical records credits allocated to health
4care providers in any year may not exceed $10,000,000.
AB40-ASA1,1309,6
5(3) The
department, in consultation with the department of revenue
, shall
6promulgate rules to administer this section.
AB40-ASA1, s. 3356
8Section
3356. 560.205 of the statutes is renumbered 238.15, and 238.15 (1)
9(intro.), (2) and (3) (a), (b), (d) (intro.), 1., 2. a. and b. and (e), as renumbered, are
10amended to read:
AB40-ASA1,1309,2011
238.15
(1) Angel investment tax credits. (intro.) The
department corporation 12shall implement a program to certify businesses for purposes of s. 71.07 (5d). A
13business desiring certification shall submit an application to the
department 14corporation in each taxable year for which the business desires certification. The
15business shall specify in its application the investment amount it wishes to raise and
16the
department corporation may certify the business and determine the amount that
17qualifies for purposes of s. 71.07 (5d).
Unless otherwise provided under the rules of
18the department, a A business may be certified under this subsection, and may
19maintain such certification, only if the business satisfies all of the following
20conditions:
AB40-ASA1,1310,9
21(2) Early stage seed investment tax credits. The
department corporation 22shall implement a program to certify investment fund managers for purposes of ss.
2371.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. An investment fund manager desiring
24certification shall submit an application to the
department corporation. The
25investment fund manager shall specify in the application the investment amount
1that the manager wishes to raise and the
department corporation may certify the
2manager and determine the amount that qualifies for purposes of ss. 71.07 (5b),
371.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment
4fund manager, the
department corporation shall consider the investment fund
5manager's experience in managing venture capital funds, the past performance of
6investment funds managed by the applicant, the expected level of investment in the
7investment fund to be managed by the applicant, and any other relevant factors. The
8department corporation may certify only investment fund managers that commit to
9consider placing investments in businesses certified under sub. (1).
AB40-ASA1,1310,13
10(3) (a)
List of certified businesses and investment fund managers. The
11department corporation shall maintain a list of businesses certified under sub. (1)
12and investment fund managers certified under sub. (2) and shall permit public access
13to the lists through the
department's corporation's Internet Web site.
AB40-ASA1,1310,1714
(b)
Notification of department of revenue. The
department of commerce 15corporation shall notify the department of revenue of every certification issued under
16sub. subs. (1) and (2) and the date on which any such certification is revoked or
17expires.
AB40-ASA1,1311,1918
(d)
Rules. (intro.) The
department of commerce corporation, in consultation
19with the department of revenue, shall
promulgate
adopt rules to administer this
20section. The rules shall further define "bona fide angel investment" for purposes of
21s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under
22s. 71.07 (5d) that may be claimed for investments in businesses certified under sub.
23(1) at $3,000,000 per calendar year for calendar years beginning after December 31,
242004, and before January 1, 2008, $5,500,000 per calendar year for calendar years
25beginning after December 31, 2007, and before January 1, 2010, $6,500,000 for
1calendar year 2010, and $20,000,000 per calendar year for calendar years beginning
2after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
3an additional $250,000 for tax credits that may be claimed for investments in
4nanotechnology businesses certified under sub. (1). The rules shall also limit the
5aggregate amount of the tax credits under ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and
676.638 that may be claimed for investments paid to fund managers certified under
7sub. (2) at $3,500,000 per calendar year for calendar years beginning after December
831, 2004, and before January 1, 2008, $6,000,000 per calendar year for calendar
9years beginning after December 31, 2007, and before January 1, 2010, $8,000,000 for
10calendar year 2010, and $20,500,000 per calendar year for calendar years beginning
11after December 31, 2010, plus, for taxable years beginning after December 31, 2010,
12an additional $250,000 for tax credits that may be claimed for investments in
13nanotechnology businesses certified under sub. (1). The rules shall also provide that,
14for calendar years beginning after December 31, 2007, no person may receive a credit
15under ss. 71.07 (5b) and (5d), 71.28 (5b), 71.47 (5b), or 76.638 unless the person's
16investment is kept in a certified business, or with a certified fund manager, for no less
17than 3 years. The rules shall permit the
department
corporation to reallocate credits
18under this section that are unused in any calendar year to a person eligible for tax
19benefits, as defined under s.
560.2055 238.16 (1) (d), if all of the following apply:
AB40-ASA1,1311,2120
1. The
department corporation notifies the joint committee on finance in
21writing of its proposed reallocation.
AB40-ASA1,1311,2522
2. a. The cochairpersons of the joint committee on finance fail to notify the
23department corporation, within 14 working days after the date of the
department's 24corporation's notification under subd. 1., that the committee has scheduled a meeting
25for the purpose of reviewing the proposed reallocation.
AB40-ASA1,1312,2
1b. The cochairpersons of the joint committee on finance notify the
department 2corporation that the committee has approved the proposed reallocation.
AB40-ASA1,1312,143
(e)
Transfer. A person who is eligible to claim a credit under s. 71.07 (5b), 71.28
4(5b), 71.47 (5b), or 76.638 may sell or otherwise transfer the credit to another person
5who is subject to the taxes or fees imposed under s. 71.02, 71.23, 71.47, or subch. III
6of ch. 76, if the person receives prior authorization from the investment fund
7manager and the manager then notifies the
department of commerce corporation 8and the department of revenue of the transfer and submits with the notification a
9copy of the transfer documents. No person may sell or otherwise transfer a credit as
10provided in this paragraph more than once in a 12-month period. The
department 11corporation may charge any person selling or otherwise transferring a credit under
12this paragraph a fee equal to 1 percent of the credit amount sold or transferred.
The
13department shall deposit all fees collected under this paragraph in the appropriation
14account under s. 20.143 (1) (gm).
AB40-ASA1, s. 3357
15Section
3357. 560.2055 (title) and (1) of the statutes are renumbered 238.16
16(title) and (1).
AB40-ASA1, s. 3358
17Section
3358. 560.2055 (2) of the statutes is renumbered 238.16 (2), and
18238.16 (2) (intro.) and (b), as renumbered, are amended to read:
AB40-ASA1,1312,2019
238.16
(2) (intro.) The
department
corporation may certify a person to receive
20tax benefits under this section if all of the following apply:
AB40-ASA1,1312,2221
(b) The person applies under this section and enters into a contract with the
22department corporation.
AB40-ASA1, s. 3359m
23Section 3359m. 560.2055 (3) of the statutes is renumbered 238.16 (3), and
24238.16 (3) (intro.), (a) and (b) of the statutes, as renumbered, are amended to read: