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LRBa1164/2
MPG/JK/ZDW/SWB:all
August 2017 Special Session
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 3,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
September 12, 2017 - Offered by Senators Shilling, Miller, Ringhand, L. Taylor,
Bewley, Wirch, Hansen, Larson, Vinehout, Carpenter, Erpenbach, Risser
and Johnson.
AB1-SSA1-SA3,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-SSA1-SA3,1,3 21. Page 2, line 10: after “procedures;" insert “duties of the Legislative Audit
3Bureau".
AB1-SSA1-SA3,1,4 42. Page 2, line 17: after that line insert:
AB1-SSA1-SA3,1,5 5 Section 1n. 13.94 (1) (v) of the statutes is created to read:
AB1-SSA1-SA3,1,96 13.94 (1) (v) Annually, evaluate at a minimum each grant, loan, and tax credit
7award of $5,000,000 or more made by the Wisconsin Economic Development
8Corporation and submit a report to the joint legislative audit committee that at least
9includes information concerning all of the following:
AB1-SSA1-SA3,1,1110 1. Whether the Wisconsin Economic Development Corporation appropriately
11assessed the eligibility of the recipient of each award.
AB1-SSA1-SA3,2,3
12. Whether the Wisconsin Economic Development Corporation appropriately
2determined the number of jobs created or retained in relation to each award and how
3many of those jobs were held by residents of this state.
AB1-SSA1-SA3,2,64 3. The number of instances in which a contract between the Wisconsin
5Economic Development Corporation and a recipient of a grant, loan, or tax credit was
6amended and the reason for each amendment.
AB1-SSA1-SA3,2,107 4. Whether the Wisconsin Economic Development Corporation determined in
8accordance with statutory, contractual, and program policy requirements the
9amount of each grant, loan, and tax credit that each recipient of the grant, loan, or
10tax credit was eligible to receive or claim.
AB1-SSA1-SA3,1o 11Section 1o. 13.94 (1) (vm) of the statutes is created to read:
AB1-SSA1-SA3,2,1712 13.94 (1) (vm) Annually, determine the number of jobs in this state that any
13business certified under s. 238.396 (3) has eliminated as a result of the business's
14automation. The legislative audit bureau shall include its findings under this
15paragraph in its report under par. (v). Each business certified under s. 238.396 (3)
16shall, as a condition of that certification, share information with the legislative audit
17bureau necessary for the audit bureau to carry out its duties under this paragraph.”.
AB1-SSA1-SA3,2,19 183. Page 5, line 21: delete the material beginning with that line and ending with
19page 6, line 3.
AB1-SSA1-SA3,2,20 204. Page 17, line 4: delete “1. Section" and substitute “Section".
AB1-SSA1-SA3,2,21 215. Page 17, line 4: delete “(g) and" and substitute “(e) to".
AB1-SSA1-SA3,2,22 226. Page 17, line 6: delete lines 6 to 11.
AB1-SSA1-SA3,2,24 237. Page 17, line 22: delete the material beginning with that line and ending
24with page 18, line 12, and substitute:
AB1-SSA1-SA3,3,1
1 Section 26d. 71.10 (4) (fc) of the statutes is created to read:
AB1-SSA1-SA3,3,32 71.10 (4) (fc) Electronics and information technology manufacturing zone
3credit under s. 71.07 (3wm).”.
AB1-SSA1-SA3,3,4 48. Page 21, line 7: delete “1.".
AB1-SSA1-SA3,3,5 59. Page 21, line 7: delete “(g) and" and substitute “(e) to".
AB1-SSA1-SA3,3,7 610. Page 21, line 9: delete the material beginning with that line and ending
7with page 22, line 2, and substitute:
AB1-SSA1-SA3,3,8 8 Section 30d. 71.30 (3) (da) of the statutes is created to read:
AB1-SSA1-SA3,3,109 71.30 (3) (da) Electronics and information technology manufacturing zone
10credit under s. 71.28 (3wm).”.
AB1-SSA1-SA3,3,11 1111. Page 22, line 7: after that line insert:
AB1-SSA1-SA3,3,12 12 Section 32m. 73.03 (73) of the statutes is created to read:
AB1-SSA1-SA3,3,1613 73.03 (73) To provide an annual statement to each individual required to file
14a Wisconsin income tax return specifying the proportionate share of the amount of
15the state taxes withheld from the individual's pay during that year that are used to
16fund the tax benefits paid under s. 238.396.”.
AB1-SSA1-SA3,3,17 1712. Page 29, line 8: after that line insert:
AB1-SSA1-SA3,3,18 18 Section 48o. 238.043 of the statutes is created to read:
AB1-SSA1-SA3,4,2 19238.043 Contract review. (1) Prior to executing each contract awarding a
20grant, loan, or tax credit of at least $5,000,000, the corporation shall submit the
21proposed contract to the legislative audit bureau for review. The legislative audit
22bureau shall review the proposed contract and submit to the joint committee on
23finance, the joint legislative audit committee, and the corporation a report that

1evaluates the terms of the contract and determines the extent to which the contract
2conforms to all applicable statutory and program policy requirements.
AB1-SSA1-SA3,4,13 3(2) The corporation may not execute a contract subject to review under sub. (1)
4unless it first notifies the joint committee on finance in writing of the proposed
5contract. The notification shall include the proposed contract. If the cochairpersons
6of the committee do not notify the corporation within 14 working days after the date
7of the corporation's notification that the committee has scheduled a meeting for the
8purpose of reviewing the proposed contract, the corporation may execute the
9proposed contract. If, within 14 working days after the date of the corporation's
10notification, the cochairpersons of the committee notify the corporation that the
11committee has scheduled a meeting for the purpose of reviewing the proposed
12contract, the corporation may execute the proposed contract only upon approval of
13the committee.”.
AB1-SSA1-SA3,4,15 1413. Page 32, line 1: after “(3)." insert “Once a contract is executed under this
15paragraph, it may not be amended.".
AB1-SSA1-SA3,4,16 1614. Page 32, line 4: after that line insert:
AB1-SSA1-SA3,4,19 17“(hm) Before the corporation executes a contract with a business under par. (fs),
18the corporation shall ensure that the business meets strict financial solvency
19standards.”.
AB1-SSA1-SA3,4,20 2015. Page 32, line 8: after that line insert:
AB1-SSA1-SA3,4,22 21(6d) Clawback. A business certified under sub. (3) shall repay the total
22amount of tax benefits the business has claimed if any of the following occurs:
AB1-SSA1-SA3,4,2323 (a) The business has a certification revoked under sub. (4) (a).
AB1-SSA1-SA3,5,3
1(b) The business fails to employ at least 3,000 full-time employees in this state
2on January 1, 2021, or at any time thereafter during the effective period under sub.
3(2).
AB1-SSA1-SA3,5,54 (bm) The business fails to employ at least 13,000 full-time employees in this
5state before the end of the effective period under sub. (2).
AB1-SSA1-SA3,5,76 (c) The business fails to make at least $10,000,000,000 in capital expenditures
7in this state during the effective period under sub. (2).
AB1-SSA1-SA3,5,11 8(6m) Automation. (a) A business the corporation certifies for additional tax
9benefits under sub. (3m) may not claim any tax benefits under s. 71.07 (3wm) (bm)
10or 71.28 (3wm) for a capital expenditure if any part of that expenditure was made for
11purposes of automation, as determined by the corporation.
AB1-SSA1-SA3,5,1412 (b) A business the corporation certifies for additional tax benefits under sub.
13(3m) may not use any tax benefits it claims under s. 71.07 (3wm) (bm) or 71.28 (3wm)
14for purposes of automation, as determined by the corporation.”.
AB1-SSA1-SA3,5,16 1516. Page 35, line 4: delete the material beginning with that line and ending
16with page 36, line 6.
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