Chapter 238

238.23(5)(f) (f) Reporting requirements for certified businesses.

238.23(5)(g) (g) The exchange of information between the corporation and the department of revenue.

238.23(5)(h) (h) Reasons for revoking a business’s certification.

238.23(5)(i) (i) Standards for changing the boundaries of a technology zone.

238.23 History History: 2001 a. 16, 104; 2007 a. 183; 2009 a. 2; 2011 a. 32 s. 3448; Stats. 2011 s. 238.23; 2015 a. 55; 2021 a. 127.

238.25 238.25 Assistance to loan recipients. The corporation shall assist new businesses and small businesses receiving the assistance of the Wisconsin Housing and Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.

238.25 History History: 2011 a. 32 s. 3305; Stats. 2011 s. 238.25; 2011 a. 214.

238.26 238.26 Report to investment board. No later than September 30 of each even-numbered year, the corporation shall submit to the investment board a report describing the types of investments in businesses in this state that will have the greatest likelihood of enhancing economic development in this state.

238.26 History History: 2011 a. 32 s. 3329.

238.28 238.28 Refundable tax credits. It is the intent of the legislature that all credits awarded under ss. 238.16, 238.308, 238.396, and 238.399 become a permanent part of the working capital structure of businesses claiming the credits.

238.28 History History: 2017 a. 59.

238.29 238.29 Wisconsin-Ireland trade commission.

238.29(1) (1) Definition. In this section, “commission” means the advisory body established by the corporation under sub. (2).

238.29(2) (2) Creation. The corporation shall establish an advisory body, to be known as the Wisconsin-Ireland trade commission. The corporation shall provide administrative support for the commission.

238.29(3) (3) Composition; appointments; vacancies.

238.29(3)(a) (a) The commission shall consist of 7 members, appointed as follows:

238.29(3)(a)1. 1. Two senators, who shall be appointed by the president of the senate. The members shall have knowledge of or current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between this state and the Republic of Ireland.

238.29(3)(a)2. 2. Two representatives to the assembly, who shall be appointed by the speaker of the assembly. The members shall have knowledge of or current or past involvement in organizations that promote Irish affairs or shall have interest in the well-being of trade relations between this state and the Republic of Ireland.

238.29(3)(a)3. 3. Three members nominated by the governor, and with the advice and consent of the senate appointed, to serve for 2-year terms. The members shall include at least one representative from an institution, as defined in s. 36.05 (9), or a technical college under ch. 38; at least one representative from an organization that represents business interests in this state; and at least one member who represents Irish-American communities or interests.

238.29(3)(b) (b) A vacancy in the membership of the commission shall be filled in the same manner in which the original appointment was made.

238.29(4) (4) Administration.

238.29(4)(a) (a) Compensation; reimbursement. A member of the commission shall receive no compensation for services but shall be reimbursed by the corporation for necessary expenses, including travel expenses, incurred in the discharge of duties.

238.29(4)(b) (b) Meetings; chairperson.

238.29(4)(b)1. 1. The commission shall meet on the call of the chairperson or a majority of its members. The commission may meet or hold hearings at any location as will best serve the citizens of this state.

238.29(4)(b)2. 2. The commission shall elect a chairperson from amongst its members every 2 years.

238.29(4)(c) (c) Records; meetings. The commission’s records are subject to the right of examination and copying under s. 19.35 (1), and the commission’s meetings are subject to subch. V. of ch. 19.

238.29(4)(d) (d) Quorum. A majority of the membership of the commission constitutes a quorum to do business, and a majority of a quorum may act in any matter within the jurisdiction of the commission.

238.29(5) (5) Purpose of the commission. The commission shall do all of the following:

238.29(5)(a) (a) Promote the advancement of bilateral trade and investment between this state and the Republic of Ireland.

238.29(5)(b) (b) Recommend joint action on policy issues of mutual interest to this state and the Republic of Ireland.

238.29(5)(c) (c) Promote business and academic exchanges between this state and the Republic of Ireland.

238.29(5)(d) (d) Encourage mutual economic support between this state and the Republic of Ireland.

238.29(5)(e) (e) Encourage mutual investment in the infrastructure of this state and the Republic of Ireland.

238.29(5)(f) (f) Address such other issues as are determined by the commission.

238.29(6) (6) Reports. The commission shall submit a written report of its findings, results, and recommendations to the governor and the legislature within one year after its initial organizational meeting and by February 1 of each succeeding year for the activities of the preceding calendar year.

238.29(7) (7) Funding. The commission may raise funds, through direct solicitation or other fundraising events, alone or with other groups, and accept gifts, grants, and bequests from individuals, corporations, foundations, governmental agencies, and public and private organizations and institutions, to defray the commission’s administrative expenses and to carry out its purposes.

238.29 History History: 2023 a. 170.

subch. II of ch. 238 SUBCHAPTER II

TAX INCENTIVES FOR BUSINESS DEVELOPMENT

238.30 238.30 Definitions. In this section and ss. 238.301 to 238.395 and 238.398:

238.30(2) (2) “Development zone program” means the program administered under this subchapter.

238.30(2g) (2g) “Eligible activity” means an activity described under s. 238.302.

238.30(2m) (2m) 

238.30(2m)(a) (a) Except as provided in par. (b) and ss. 238.308 (1) (b) and 238.399 (1) (as), “full-time job” means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150 percent of the federal minimum wage and benefits that are not required by federal or state law. “Full-time job” does not include initial training before an employment position begins.

238.30(2m)(b) (b) The corporation may grant exceptions to the requirement under par. (a) that a full-time job means a position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year if all of the following apply:

238.30(2m)(b)1. 1. The annual pay for the position is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

238.30(2m)(b)2. 2. An individual in the position is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

238.30(3) (3) “Indian reservation” has the meaning given in s. 139.30 (9).

238.30(4) (4) “Local governing body” means the governing body of one or more cities, villages, towns, or counties or the elected governing body of a federally recognized American Indian tribe or band in this state.

238.30(4m) (4m) “Member of a targeted group” means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats., or in a trial employment match program job, as defined in s. 49.141 (1) (n), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under 26 USC 51 (d) (13) (A) by a designated local agency, as defined in 26 USC 51 (d) (12).

238.30(5) (5) “Metropolitan statistical area” means a federal standard metropolitan statistical area but does not include areas located within Indian reservations.

238.30(6) (6) “Target population” means persons who are members of targeted groups for the purposes of the credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

238.30(7) (7) 

238.30(7)(a) (a) Except as provided in pars. (b) to (e), “tax benefits” means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

238.30(7)(b) (b)

238.30(7)(b)1. 1. Except as provided in subd. 2., in s. 238.395, “tax benefits” means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636. With respect to the development opportunity zones under s. 238.395 (1) (e) and (f), “tax benefits” also means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

238.30(7)(b)2. 2. With respect to the development opportunity zones under s. 238.395 (1) (g), (h), and (i), “tax benefits” means the development zone credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

238.30(7)(c) (c) In s. 238.398, “tax benefits” means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm) and the development zones credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

238.30(7)(d) (d) In ss. 238.301 to 238.306, “tax benefits” means the economic development tax credit under ss. 71.07 (2dy), 71.28 (1dy), 71.47 (1dy), and 76.637.

238.30(7)(e) (e) In s. 238.308, “tax benefits” means the business development tax credit under ss. 71.07 (3y), 71.28 (3y), and 71.47 (3y).

238.30 History History: 1987 a. 328, 411; 1991 a. 39; 1995 a. 27, 209; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2005 a. 259; 2009 a. 2, 28; 2011 a. 32 ss. 3408 to 3409; Stats. 2011 s. 238.30; 2011 a. 37 s. 1; 2013 a. 20; 2013 a. 166 s. 58; 2013 a. 168; 2015 a. 55; 2017 a. 365; 2021 a. 238 s. 45; 2023 a. 143.

238.301 238.301 Certification for tax benefits.

238.301(1) (1) Application. Any person may apply to the corporation on a form prepared by the corporation for certification under this section. The application shall include all of the following:

238.301(1)(a) (a) The name and address of the person.

238.301(1)(b) (b) The federal tax identification number of the person.

238.301(1)(c) (c) The names and addresses of the locations where the person conducts business and a description of the business activities conducted at those locations.

238.301(1)(d) (d) A description of each eligible activity conducted or proposed to be conducted by the person.

238.301(1)(e) (e) Other information required by the corporation or the department of revenue.

238.301(2) (2) 

238.301(2)(a) (a) The corporation may certify a person who submits an application under sub. (1) if, after conducting an investigation, the corporation determines that the person is conducting or intends to conduct at least one eligible activity.

238.301(2)(b) (b) The corporation shall provide a person certified under this section with a copy of the certification.

238.301(3) (3) Contract. A person certified under this section shall enter into a written contract with the corporation. The contract shall include provisions that detail all of the following:

238.301(3)(a) (a) A description of each eligible activity being conducted or proposed to be conducted by the person.

238.301(3)(b) (b) Whether any of the eligible activities will occur in an economically distressed area, as designated by the corporation under s. 238.304 (1).

238.301(3)(c) (c) Whether any of the eligible activities will benefit members of a targeted group, as determined by the corporation under s. 238.304 (2).

238.301(3)(d) (d) A compliance schedule that includes a sequence of anticipated actions to be taken or goals to be achieved by the person before the person may receive tax benefits under s. 238.303.

238.301(3)(e) (e) The reporting requirements with which the person must comply.

238.301(3)(f) (f) If feasible, a determination of the tax benefits the person will be authorized to claim under s. 238.303 (2) if the person fulfills the terms of the contract.

238.301 History History: 2009 a. 2; 2011 a. 32 s. 3410; Stats. 2011 s. 238.301; 2015 a. 55.

238.302 238.302 Eligible activities. A person who conducts or proposes to conduct any of the following may be certified under s. 238.301 (2):

238.302(1) (1) Job creation project. A project that creates and maintains for a period of time established by the corporation by rule full-time jobs in addition to any existing full-time jobs provided by the person.

238.302(2) (2) Capital investment project. A project that involves a significant investment of capital, as defined by the corporation by rule under s. 238.306 (2) (b), by the person in new equipment, machinery, real property, or depreciable personal property.

238.302(3) (3) Employee training project. A project that involves significant investments in the training or reeducation of employees, as defined by the corporation by rule under s. 238.306 (2) (c), by the person for the purpose of improving the productivity or competitiveness of the business of the person.

238.302(4) (4) Project related to persons with corporate headquarters in Wisconsin. A project that will result in the location or retention of a person’s corporate headquarters in Wisconsin or that will result in the retention of employees holding full-time jobs in Wisconsin if the person’s corporate headquarters are located in Wisconsin.

238.302 History History: 2009 a. 2; 2011 a. 32 s. 3411; Stats. 2011 s. 238.302.

238.303 238.303 Limits on tax benefits and claiming tax benefits.

238.303(1) (1) Limits.

238.303(1)(a) (a) Except as provided in pars. (am) and (b), the total tax benefits available to be allocated by the corporation under ss. 238.301 to 238.306 may not exceed the sum of the tax benefits remaining to be allocated under s. 560.71 to 560.785, 2009 stats., s. 560.797, 2009 stats., s. 560.798, 2009 stats., s. 560.7995, 2009 stats., and s. 560.96, 2009 stats., on March 6, 2009, plus $100,000,000.

238.303(1)(am) (am) The corporation may initially allocate only $61,000,000 of the additional $100,000,000 in tax benefits specified in par. (a). Before the corporation allocates the remaining $39,000,000 in tax benefits specified in par. (a), the corporation shall submit its plan for such allocation, including a report that describes the intended use of the tax benefits, to the joint committee on finance. If the cochairpersons of the committee do not notify the corporation within 14 working days after the date of the corporation’s submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the remaining amount may be allocated as proposed by the corporation. If, within 14 working days after the date of the corporation’s submittal, the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented and the remaining amount allocated only upon approval of the committee.