SB27-SSA1,1378,12 d. In the 36 months immediately preceding the date on which the application under sub. (3) was submitted to the department corporation, a number of workers in the area were permanently laid off by their employer or became unemployed as a result of a business action subject to s. 109.07 (1m).

SB27-SSA1,1378,14 (b) (intro.) In making a determination under par. (a), the department corporation shall consider all of the following:

SB27-SSA1,1378,16 1. The extent of poverty, unemployment, or other factors contributing to general economic hardship in the area.

SB27-SSA1,1378,17 8. Any other factors that the department corporation considers relevant.

SB27-SSA1,1378,20 (bg) (intro.) Notwithstanding par. (a) and subject to pars. (c), (d), and (e), the department corporation may designate an area as an enterprise development zone for a project if the department corporation determines all of the following:

SB27-SSA1,1378,22 2. That the project is not likely to occur or continue without the department's corporation's designation of the area as an enterprise development zone.

SB27-SSA1,1378,24 (br) (intro.) In making a determination under par. (bg), the department corporation shall consider all of the following:

SB27-SSA1,1379,4 (c) The department corporation may not designate as an enterprise development zone, or as any part of an enterprise development zone, an area that is located within the boundaries of an area that is designated as a development opportunity zone under s. 560.795 238.395, the designation of which is in effect.

SB27-SSA1,1379,8 (d) The department corporation may not designate more than 98 enterprise development zones unless the department corporation obtains the approval of the joint committee on finance to do so. Of the enterprise development zones that the department corporation designates, at least 10 shall be designated under par. (bg).

SB27-SSA1,1379,10 (e) The department corporation may not designate any area as an enterprise development zone on or after March 6, 2009.

SB27-SSA1,1379,14 (3) (a) A person that conducts or that intends to conduct a project and that desires to have the area in which the project is or is to be conducted designated as an enterprise development zone for the purpose of claiming tax benefits may submit to the department corporation an application and a project plan.

SB27-SSA1,1379,19 (b) 4. The amount that the person proposes to invest in a business; to spend on the construction, rehabilitation, repair, or remodeling of a building; or to spend on the removal or containment of, or the restoration of soil or groundwater affected by, environmental pollution; in the area proposed to be designated as an enterprise development zone.

SB27-SSA1,1379,22 6. The estimated number of full-time jobs that will be created, retained, or substantially upgraded as a result of the person's project in relation to the amount of tax benefits estimated for the person.

SB27-SSA1,1379,24 11. Any other information required by the department corporation or the department of revenue.

SB27-SSA1,1380,2 (c) The department corporation may not accept or approve any applications or project plans submitted under par. (a) on or after March 6, 2009.

SB27-SSA1,1380,7 (4) (a) Except as provided in par. (h), if the department corporation approves a project plan under sub. (3) and designates the area in which the person submitting the project plan conducts or intends to conduct the project as an enterprise development zone under the criteria under sub. (2), the department corporation shall certify the person as eligible for tax benefits.

SB27-SSA1,1380,11 (c) When the department corporation designates an area as an enterprise development zone for a project, the department corporation shall notify the governing body of any city, village, town, or federally recognized American Indian tribe or band in which the area is located of the area's designation.

SB27-SSA1,1380,15 (d) The department corporation shall notify the department of revenue of all persons entitled to claim tax benefits under this section, except that the department corporation shall notify the office of the commissioner of insurance of all persons entitled to claim the credit under s. 76.636.

SB27-SSA1,1380,18 (f) The tax benefits for which a person is certified as eligible under this subsection are not transferable to another person, business, or location, except to the extent permitted under section 383 of the internal revenue code.

SB27-SSA1,1380,21 (g) The department corporation annually shall verify information submitted to the department corporation under s. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), or 76.636.

SB27-SSA1,1380,25 (5) (a) When the department corporation designates an area as an enterprise development zone under this section, the department corporation shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d) and sub. (6).

SB27-SSA1,1381,3 (b) When the department corporation designates an area as an enterprise development zone under this section, the department corporation shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.

SB27-SSA1,1381,6 (c) Annually, the department corporation shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each enterprise development zone.

SB27-SSA1,1381,11 (d) 1. Notwithstanding the length of time specified by the department corporation under par. (a), the designation of an area as an enterprise development zone shall expire 90 days after the day on which the department corporation determines that the forgone tax revenues under par. (c) will equal or exceed the limit established for the enterprise development zone.

SB27-SSA1,1381,16 2. The department corporation shall immediately notify the department of revenue and the governing body of any city, village, town, or federally recognized American Indian tribe or band in which the enterprise development zone is located of a change in the expiration date of the enterprise development zone under this paragraph.

SB27-SSA1,1381,19 (6) (a) (intro.) The department corporation shall revoke the entitlement of a person to claim tax benefits under this section, and the designation of the area as an enterprise development zone shall expire, if the person does any of the following:

SB27-SSA1,1381,21 (b) The department corporation shall notify the department of revenue within 30 days after revoking an entitlement under par. (a).

SB27-SSA1, s. 2264 Section 2264. 560.798 of the statutes is renumbered 238.398, and 238.398 (2) (a) and (b), (3) (a) and (b), (4) (a) (intro.) and (b) and (5) (intro.) and (e), as renumbered, are amended to read:

SB27-SSA1,1382,5 238.398 (2) (a) Except as provided under par. (c), the department corporation may designate one area in the state as an agricultural development zone. The area must be located in a rural municipality. An agricultural business that is located in an agricultural development zone and that is certified by the department corporation under sub. (3) is eligible for tax benefits as provided in sub. (3).