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SB21,1492,64 (d) In ss. 238.301 to 238.306 235.301 to 235.306, "tax benefits" means the
5economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and
676.637.
SB21,4002 7Section 4002. 238.301 of the statutes is renumbered 235.301, and 235.301 (1)
8(intro.) and (e), (2) (a) and (b) and (3) (intro.), (b), (c), (d) and (f), as renumbered, are
9amended to read:
SB21,1492,1210 235.301 (1) Application. (intro.) Any person may apply to the corporation
11authority on a form prepared by the corporation authority for certification under this
12section. The application shall include all of the following:
SB21,1492,1413 (e) Other information required by the corporation authority or the department
14of revenue.
SB21,1492,18 15(2) (a) The corporation authority may certify a person who submits an
16application under sub. (1) if, after conducting an investigation, the corporation
17authority determines that the person is conducting or intends to conduct at least one
18eligible activity.
SB21,1492,2019 (b) The corporation authority shall provide a person certified under this section
20and the department of revenue with a copy of the certification.
SB21,1492,23 21(3) Contract. (intro.) A person certified under this section shall enter into a
22written contract with the corporation authority. The contract shall include
23provisions that detail all of the following:
SB21,1493,3
1(b) Whether any of the eligible activities will occur in an economically
2distressed area, as designated by the corporation authority under s. 238.304 235.304
3(1).
SB21,1493,54 (c) Whether any of the eligible activities will benefit members of a targeted
5group, as determined by the corporation authority under s. 238.304 235.304 (2).
SB21,1493,86 (d) A compliance schedule that includes a sequence of anticipated actions to be
7taken or goals to be achieved by the person before the person may receive tax benefits
8under s. 238.303 235.303.
SB21,1493,109 (f) If feasible, a determination of the tax benefits the person will be authorized
10to claim under s. 238.303 235.303 (2) if the person fulfills the terms of the contract.
SB21,4003 11Section 4003. 238.302 of the statutes is renumbered 235.302, and 235.302
12(intro.), (1), (2) and (3), as renumbered, are amended to read:
SB21,1493,14 13235.302 Eligible activities. (intro.) A person who conducts or proposes to
14conduct any of the following may be certified under s. 238.301 235.301 (2):
SB21,1493,17 15(1) A project that creates and maintains for a period of time established by the
16corporation by rule authority full-time jobs in addition to any existing full-time jobs
17provided by the person.
SB21,1493,20 18(2) A project that involves a significant investment of capital, as defined by the
19corporation by rule authority under s. 238.306 235.306 (2) (b), by the person in new
20equipment, machinery, real property, or depreciable personal property.
SB21,1493,24 21(3) A project that involves significant investments in the training or
22reeducation of employees, as defined by the corporation by rule authority under s.
23238.306 235.306 (2) (c), by the person for the purpose of improving the productivity
24or competitiveness of the business of the person.
SB21,4004
1Section 4004. 238.303 of the statutes is renumbered 235.303, and 235.303 (1)
2(a), (am) and (b), (2) and (3), as renumbered, are amended to read:
SB21,1494,93 235.303 (1) (a) Except as provided in pars. (am) and (b), and subject to a
4reallocation by the corporation pursuant to rules adopted authority under s. 238.15
5235.15 (3) (d), the total tax benefits available to be allocated by the corporation
6authority under ss. 238.301 to 238.306 235.301 to 235.306 may not exceed the sum
7of the tax benefits remaining to be allocated under s. 560.71 to 560.785, 2009 stats.,
8s. 560.797, 2009 stats., s. 560.798, 2009 stats., s. 560.7995, 2009 stats., and s. 560.96,
92009 stats., on March 6, 2009, plus $100,000,000.
SB21,1494,2310 (am) The corporation authority may initially allocate only $61,000,000 of the
11additional $100,000,000 in tax benefits specified in par. (a). Before the corporation
12authority allocates the remaining $39,000,000 in tax benefits specified in par. (a), the
13corporation authority shall submit its plan for such allocation, including a report
14that describes the intended use of the tax benefits, to the joint committee on finance.
15If the cochairpersons of the committee do not notify the corporation authority within
1614 working days after the date of the corporation's authority's submittal that the
17committee has scheduled a meeting for the purpose of reviewing the plan, the plan
18may be implemented and the remaining amount may be allocated as proposed by the
19corporation authority. If, within 14 working days after the date of the corporation's
20authority's submittal, the cochairpersons of the committee notify the corporation
21authority that the committee has scheduled a meeting for the purpose of reviewing
22the proposed plan, the plan may be implemented and the remaining amount
23allocated only upon approval of the committee.
SB21,1495,424 (b) The corporation authority may submit to the joint committee on finance a
25request in writing to exceed the total tax benefits specified in par. (a). The

1corporation authority shall submit with its request a justification for seeking an
2increase under this paragraph. The joint committee on finance, following its review,
3may approve or disapprove an increase in the total tax benefits available to be
4allocated under ss. 238.301 to 238.306 235.301 to 235.306.
SB21,1495,10 5(2) Authority to claim tax benefits. The corporation authority may authorize
6a person certified under s. 238.301 235.301 (2) to claim tax benefits only after the
7person has submitted a report to the corporation authority that documents to the
8satisfaction of the corporation authority that the person has complied with the terms
9of the contract under s. 238.301 235.301 (3) and the requirements of any applicable
10rules policies and procedures adopted under s. 238.306 235.306 (2).
SB21,1495,13 11(3) Notice of eligibility. The corporation authority shall provide to the person
12and to the department of revenue a notice of eligibility to receive tax benefits that
13reports the amount of tax benefits for which the person is eligible.
SB21,4005 14Section 4005. 238.303 (1) (a) of the statutes is amended to read:
SB21,1495,2115 238.303 (1) (a) Except as provided in pars. (am) and (b), and subject to a
16reallocation by the corporation pursuant to rules adopted under s. 238.15 (3) (d), the
17total tax benefits available to be allocated by the corporation under ss. 238.301 to
18238.306 may not exceed the sum of the tax benefits remaining to be allocated under
19s. 560.71 to 560.785, 2009 stats., s. 560.797, 2009 stats., s. 560.798, 2009 stats., s.
20560.7995, 2009 stats., and s. 560.96, 2009 stats., on March 6, 2009, plus
21$100,000,000.
SB21,4006 22Section 4006. 238.303 (4) of the statutes is created to read:
SB21,1495,2423 238.303 (4) Sunset. No tax benefits may be awarded under ss. 238.301 to
24238.306 after June 30, 2015.
SB21,4007
1Section 4007. 238.304 of the statutes is renumbered 235.304, and 235.304
2(intro.) and (1), as renumbered, are amended to read:
SB21,1496,7 3235.304 Eligible activities in economically distressed areas and
4benefiting members of targeted groups.
(intro.) The corporation authority may
5authorize a person certified under s. 238.301 235.301 (2) to claim additional tax
6benefits under s. 238.303 235.303 if, after conducting an investigation, the
7corporation authority determines any of the following:
SB21,1496,11 8(1) The person conducts at least one eligible activity in an area designated by
9the corporation authority as economically distressed. In designating an area as
10economically distressed under this subsection, the corporation authority shall follow
11the methodology established by rule under s. 238.306 235.306 (2) (e).
SB21,4008 12Section 4008. 238.3045 of the statutes is renumbered 235.3045, and 235.3045
13(1) (title), (a), (b) (intro.) and 4. and (c) 1., (2) (a) and (b), (3) and (4) (a) and (b), as
14renumbered, are amended to read:
SB21,1496,2515 235.3045 (1) (title) Application and corporation approval. (a) An applicant
16for certification for tax benefits under s. 238.301 235.301 may submit with its
17application under s. 238.301 235.301 (1) an application to the corporation authority
18on a form prescribed by the corporation authority to transfer those tax benefits to
19another person under this section. The application shall include the name, address,
20and tax identification number of the person to whom the applicant intends to
21transfer the tax benefits and any other information the corporation authority
22requires. The corporation authority shall notify the applicant of the corporation's
23authority's determination concerning the transfer of tax benefits when the
24corporation authority notifies the applicant of the corporation's authority's
25certification determination under s. 238.301 235.301.
SB21,1497,4
1(b) (intro.) The corporation authority may approve the transfer of tax benefits
2under this section if the corporation authority certifies the applicant under par. (a)
3for tax benefits under s. 238.301 235.301 and finds that the applicant meets at least
4one of the following conditions:
SB21,1497,75 4. Intends to expand its operations in this state, and that expansion will result
6in the applicant making a significant capital investment in property located in this
7state, as determined by the corporation authority.
SB21,1497,168 (c) 1. Subject to subd. 2., a person that receives an approval under par. (b) shall
9transfer tax benefits in accordance with the terms of the application under par. (a)
10after the corporation authority authorizes the person to claim tax benefits under s.
11238.303 235.303 (2) and provides the notice of eligibility under s. 238.303 235.303 (3).
12The notice of eligibility shall contain all relevant information concerning a transfer
13of tax benefits under this section. The person to whom tax benefits are transferred
14may carry forward, beginning on the date of the notice of eligibility, any unused
15amount of the value of those tax benefits as provided under the appropriate provision
16in ch. 71 or in s. 76.636.
SB21,1497,21 17(2) (a) If the corporation authority revokes a person's certification for tax
18benefits under s. 238.305 235.305, and, at the time of revocation, that person has
19transferred those tax benefits under this section, that person shall be liable for the
20full value of the tax benefits, and the person to whom the tax benefits were
21transferred may not claim any tax benefits that were not claimed prior to revocation.
SB21,1497,2422 (b) The corporation authority shall notify the department of revenue of a
23revocation of tax benefits subject to par. (a), including the value of the tax benefits
24for which the person is liable.
SB21,1498,3
1(3) Annual report. Annually, the corporation authority shall submit a report
2to the joint committee on finance that provides a detailed assessment of the progress
3to date of the program under this section.
SB21,1498,7 4(4) (a) Except as provided in par. (b), the corporation authority may not
5authorize the transfer of tax benefits under this section that total more than
6$15,000,000, and the corporation authority may not authorize the transfer of tax
7benefits after 36 months after April 4, 2014.
SB21,1499,38 (b) Upon expiration of the 36-month period under par. (a), the corporation
9authority may continue to authorize the transfer of tax benefits under this section
10for up to an additional 36 months, and the corporation authority may authorize the
11transfer of up to an additional $15,000,000 in tax benefits, if the corporation
12authority determines that a continuation of the program under this section will
13promote significant economic development in this state. Before the corporation
14authority authorizes the transfer of tax benefits under this paragraph, the chief
15executive officer of the corporation authority shall notify the joint committee on
16finance in writing that the corporation authority intends to continue authorizing the
17transfer of tax benefits under this section. That notice shall state the reasons
18supporting the corporation's authority's determination that the transfer of
19additional tax benefits will promote significant economic development in this state.
20If, within 14 working days after the date of that notice, the cochairpersons of the
21committee do not notify the corporation authority that the committee has scheduled
22a meeting to review the corporation's authority's proposed continuation of the
23program, the corporation authority may proceed to authorize the transfer of
24additional tax benefits under this section. If, within 14 working days after the date
25of that notice, the cochairpersons of the committee notify the corporation authority

1that the committee has scheduled a meeting to review the proposed continuation of
2the program, the corporation authority may proceed to authorize the transfer of
3additional tax benefits only upon approval of the committee.
SB21,4009 4Section 4009. 238.305 of the statutes is renumbered 235.305, and 235.305
5(intro.), (1) and (2), as renumbered, are amended to read:
SB21,1499,7 6235.305 Revocation of certification. (intro.) The corporation authority
7shall revoke the certification of a person who does any of the following:
SB21,1499,9 8(1) Supplies false or misleading information to obtain certification under s.
9238.301 235.301 (2).
SB21,1499,11 10(2) Supplies false or misleading information to obtain tax benefits under s.
11238.303 235.303.
SB21,4010 12Section 4010. 238.306 of the statutes is renumbered 235.306, and 235.306
13(intro.), (1) (a) and (b), (2) (intro.), (a), (b), (c), (d), (e) (intro.), (f), (g), (h), (i) and (k)
14and (3), as renumbered, are amended to read:
SB21,1499,16 15235.306 Responsibilities of the corporation authority. (intro.) The
16corporation authority shall do all of the following:
SB21,1499,19 17(1) (a) Annually verify information submitted to the department of revenue
18under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and 76.637 by persons certified under
19s. 238.301 235.301 (2) and eligible to receive tax benefits under s. 238.303 235.303.
SB21,1499,2120 (b) Notify and obtain written approval from the chief executive officer of the
21corporation authority for any certification under sub. (2) (j).
SB21,1499,23 22(2) Rules Policies and procedures. (intro.) Establish by rule policies and
23procedures
all of the following:
SB21,1500,224 (a) A schedule of hourly wage ranges to be paid, and health insurance benefits
25to be provided, to an employee by a person certified under s. 238.301 235.301 (2) and

1the corresponding per employee tax benefit for which a person certified under s.
2238.301 235.301 (2) may be eligible.
SB21,1500,83 (b) A definition of "significant investment of capital" for purposes of s. 238.302
4235.302 (2), together with a corresponding schedule of tax benefits for which a person
5who is certified under s. 238.301 235.301 (2) and who conducts a project described
6in s. 238.302 235.302 (2) may be eligible. The corporation authority shall include in
7the definition required under this paragraph a schedule of investments that takes
8into consideration the size or nature of the business.
SB21,1500,129 (c) A definition of "significant investments in the training or reeducation of
10employees" for purposes of s. 238.302 235.302 (3), together with a corresponding
11schedule of tax benefits for which a person who is certified under s. 238.301 235.301
12(2) and who conducts a project under s. 238.302 235.302 (3) may be eligible.
SB21,1500,1513 (d) A schedule of tax benefits for which a person who is certified under s.
14238.301 235.301 (2) and who conducts a project that will result in the location or
15retention of a person's corporate headquarters in Wisconsin may be eligible.
SB21,1500,1916 (e) (intro.) The methodology for designating an area as economically distressed
17under s. 238.304 235.304 (1). The methodology under this paragraph shall require
18the corporation authority to consider the most current data available for the area and
19for the state on the following indicators:
SB21,1500,2220 (f) A schedule of additional tax benefits for which a person who is certified
21under s. 238.301 235.301 (2) and who conducts an eligible activity described under
22s. 238.304 235.304 may be eligible.
SB21,1500,2523 (g) Reporting requirements, minimum benchmarks, and outcomes expected of
24a person certified under s. 238.301 235.301 (2) before that person may receive tax
25benefits under s. 238.303 235.303.
SB21,1501,2
1(h) Policies, criteria, and methodology for allocating a portion of the tax benefits
2available under s. 238.303 235.303 to rural areas.
SB21,1501,43 (i) Policies, criteria, and methodology for allocating a portion of the tax benefits
4available under s. 238.303 235.303 to small businesses.
SB21,1501,55 (k) Procedures for implementing ss. 238.301 to 238.306 235.301 to 235.306.
SB21,1501,11 6(3) Reporting. Annually, 6 months after the report has been submitted under
7s. 238.07 235.016 (2), submit to the joint legislative audit committee and to the
8appropriate standing committees of the legislature under s. 13.172 (3) a
9comprehensive report assessing the program under ss. 238.301 to 238.306 235.301
10to 235.306
. The report under this subsection shall update the applicable information
11provided in the report under s. 238.07 235.016 (2).
SB21,4011 12Section 4011. 238.31 of the statutes is renumbered 235.31, and 235.31 (1)
13(intro.), (ac), (am), (b), (d) and (e) (intro.), 4. a. and d., (1m) (intro.) and (h), (2) and
14(3) (intro.), as renumbered, are amended to read:
SB21,1501,1615 235.31 (1) (intro.) The corporation authority may designate an area as a
16development zone if all of the following apply:
SB21,1501,1817 (ac) The corporation authority has invited a local governing body to nominate
18the area under s. 238.315 235.315.
SB21,1501,2019 (am) A local governing body nominates the area as described in s. 238.32
20235.32.
SB21,1501,2221 (b) The corporation authority has evaluated the local governing body's
22application as described in s. 238.325 235.325.
SB21,1501,2323 (d) The area meets the applicable requirements under s. 238.335 235.335.
SB21,1501,2424 (e) (intro.) The corporation authority determines all of the following:
SB21,1502,3
14. a. The unemployment rate in the area is higher than the state average for
2the 18 months immediately preceding the date on which the application under s.
3238.32 235.32 (2) or (3) was submitted to the corporation authority.
SB21,1502,74 d. In the 36 months immediately preceding the date on which the application
5under s. 238.32 235.32 (2) or (3) was submitted to the corporation authority, a number
6of workers in the area were permanently laid off by their employer or became
7unemployed as a result of a business action subject to s. 109.07 (1m).
SB21,1502,9 8(1m) (intro.) In making a determination under sub. (1) (e), the corporation
9authority shall consider all of the following:
SB21,1502,1010 (h) Any other factors that the corporation authority considers relevant.
SB21,1502,13 11(2) In determining whether an area meets the requirements under sub. (1) (e)
12or s. 238.335 235.335, the corporation authority may rely on any data provided by the
13local governing body that the corporation authority determines is relevant.
SB21,1502,14 14(3) (intro.) The corporation authority shall do all of the following:
SB21,4012 15Section 4012. 238.315 of the statutes is renumbered 235.315 and amended to
16read:
SB21,1502,20 17235.315 Invitation to nominate area. If the corporation authority
18determines that an area has experienced or is about to experience economic distress,
19the corporation authority may invite local governing bodies in the area to nominate
20the area as a development zone.
SB21,4013 21Section 4013. 238.32 of the statutes is renumbered 235.32, and 235.32 (1)
22(intro.), (2) (intro.), (c), (d) and (i), (3) and (5), as renumbered, are amended to read:
SB21,1503,223 235.32 (1) (intro.) A local governing body may nominate an area as a
24development zone, if the corporation authority has invited the governing body to

1nominate the area under s. 238.315 235.315 and if the governing body does all of the
2following:
SB21,1503,5 3(2) (intro.) A local governing body may nominate the area as a development
4zone by submitting an application to the corporation authority in a form prescribed
5by the corporation authority. The application shall include all of the following:
SB21,1503,76 (c) Evidence that the area meets at least 3 of the criteria under s. 238.31 235.31
7(1) (e) 4.
SB21,1503,98 (d) Evidence that the area meets the applicable requirements of s. 238.335
9235.335.
SB21,1503,1010 (i) Any other information required by the corporation authority.
SB21,1503,13 11(3) Two or more local governing bodies may submit a joint application
12nominating an area as a development zone, subject to s. 238.335 235.335 (2), if each
13local governing body complies with subs. (1) and (2).
SB21,1503,15 14(5) The corporation authority may permit a local governing body to revise an
15application that the corporation authority determines is inadequate or incomplete.
SB21,4014 16Section 4014. 238.325 of the statutes is renumbered 235.325 and amended to
17read:
SB21,1503,19 18235.325 Evaluation by corporation authority. (1) The corporation
19authority shall evaluate applications received under s. 238.32 235.32 (2) and (3).
SB21,1503,25 20(2) Subject to s. 238.335 235.335 (5), the corporation authority may reduce the
21size of an area nominated as a development zone, if the corporation authority
22determines the boundaries as proposed by the local governing body in an application
23under s. 238.32 235.32 (2) or (3) are inconsistent with the purpose of the development
24zone program. Any nominated area which is reduced under this subsection need not
25comply with s. 238.335 235.335 (1) and (4).
SB21,1504,5
1(3) After evaluating an application submitted under s. 238.32 235.32 (2) or (3),
2the corporation authority may approve the application, subject to any reduction in
3the size of the nominated area under sub. (2). If the corporation authority approves
4the application, the corporation authority shall designate the area as a development
5zone, subject to s. 238.31 235.31, and notify the local governing body.
SB21,4015 6Section 4015. 238.335 of the statutes is renumbered 235.335, and 235.335 (6)
7(a) 2. and (c) and (7), as renumbered, are amended to read:
SB21,1504,98 235.335 (6) (a) 2. Each area meets at least 3 of the criteria listed in s. 238.31
9235.31 (1) (e) 4.
SB21,1504,1210 (c) If an application is submitted by the governing body of a county under s.
11238.32 235.32 (2) or (3), up to 4 separate areas may be nominated or designated as
12one development zone, if par. (a) 1. to 3. applies.
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