Analysis by the Legislative Reference Bureau
Under current law, a taxpayer may claim early stage seed and angel investment
income and franchise tax credits for the taxpayer's investments in qualified new
businesses. If the credit amounts exceed the taxpayer's tax liability, the taxpayer
does not receive a refund, but, instead, may apply the amount of the unused credits
to subsequent taxable years. Under this bill, if the credit amounts exceed the
taxpayer's tax liability, the taxpayer receives a refund.
Current law requires the Board of Regents (board) of the University of
Wisconsin (UW) System to make grants to the WiSys Technology Foundation, Inc.
(foundation), for the Wisconsin Small Company Advancement program (program) to
provide intellectual property management services to UW-Extension and all
institutions and college campuses, except for UW-Madison and UW-Milwaukee.
The amount of each grant must be $250,000, but the board may make a grant only
if the foundation secures matching funds from sources other than the state. Current
law appropriates a sum sufficient not to exceed $2,000,000 for the grants, as well as
for certain administrative costs. This bill changes the appropriation to a sum certain
appropriation, and appropriates $1,400,000 in fiscal year 2011-12 and $1,400,000
in fiscal year 2012-13 for the grants and administrative costs.
The bill authorizes faculty, academic advisor, and support staff positions at the
UW-Milwaukee School of Public Health and the UW-Milwaukee School of
Freshwater Sciences beginning in fiscal year 2012-13, and authorizes faculty
positions at the UW-Madison Institute for Discovery beginning on the bill's effective
date.
The bill also requires the Wisconsin Economic Development Corporation
(corporation) to issue bonds and notes to raise not more than $100,000,000 for
investment in Wisconsin businesses on behalf of the corporation by up to ten venture
capital funds. The corporation must provide the capital to venture capital funds that
agree to invest the capital on behalf of the corporation in Wisconsin businesses in
various industry sectors and in different stages of development; to require a business
in which the capital is to be invested to raise funds from sources other than the state
or the corporation in an amount equal to four times the amount of capital to be
invested on behalf of the corporation; and to maintain offices, staff, and investment
in this state.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB191, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table 
AB191, s. 2
1Section
2. 20.285 (1) (cd) of the statutes is repealed.
AB191, s. 3
2Section
3. 20.285 (1) (ce) of the statutes is created to read:
AB191,3,43
20.285
(1) (ce)
WiSys Technology Foundation grants. The amounts in the
4schedule for grants to the WiSys Technology Foundation, Inc., under s. 36.25 (52) (b).
AB191, s. 4
5Section
4. 20.835 (2) (ba) of the statutes is created to read:
AB191,3,86
20.835
(2) (ba)
Early stage seed and angel investment credits. A sum sufficient
7to make the payments under ss. 71.07 (5b) (d) 4. and (5d) (d) 5., 71.28 (5b) (d) 4., and
871.47 (5b) (d) 4.
AB191, s. 5
9Section
5. 36.25 (52) (b) of the statutes is amended to read:
AB191,4,510
36.25
(52) (b) From the appropriation under s. 20.285 (1)
(cd) (ce), the board
11shall award grants to the foundation for the Wisconsin Small Company
12Advancement program to provide intellectual property management services to the
13extension and all institutions and college campuses other than the University of
14Wisconsin-Madison and the University of Wisconsin-Milwaukee and for the
15administrative costs of the program. The amount of each grant shall be $250,000.
16The foundation may use no more than $75,000 of the amount appropriated under s.
1720.285 (1)
(cd) (ce) for the administrative costs of the program. The board may not
18award a grant unless the foundation shows to the satisfaction of the board that the
1foundation has secured, after January 1, 2010, matching funds for the program from
2sources other than the state that are equal to the amount of the grant, except that
3the amounts used for administrative costs of the program are exempt from the
4matching requirement. In-kind contributions may be applied to meet the matching
5requirement.
AB191, s. 6
6Section
6. 36.25 (52) (c) of the statutes is amended to read:
AB191,4,117
36.25
(52) (c) The board shall submit progress reports
at least annually on the
8use of grants under par. (b) to the joint committee on finance and the chief clerk of
9each house of the legislature for distribution to the appropriate standing committees
10under s. 13.172 (3)
, at least annually until the program funded by the grants under
11par. (b) is terminated.
AB191, s. 7
12Section
7. 71.07 (5b) (d) 1. of the statutes is amended to read:
AB191,4,1513
71.07
(5b) (d) 1.
Section For taxable years beginning before January 1, 2011,
14s. 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit
15under this subsection.
AB191, s. 8
16Section
8. 71.07 (5b) (d) 1m. of the statutes is created to read:
AB191,4,1917
71.07
(5b) (d) 1m. For taxable years beginning after December 31, 2010, s.
1871.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the
19credit under this subsection.
AB191, s. 9
20Section
9. 71.07 (5b) (d) 4. of the statutes is created to read:
AB191,5,221
71.07
(5b) (d) 4. For taxable years beginning after December 31, 2010, if the
22allowable amount of the claim under par. (b) exceeds the tax otherwise due under s.
2371.02 or 71.08, the amount of the claim not used to offset the tax due shall be certified
24by the department of revenue to the department of administration for payment by
1check, share draft, or other draft drawn from the appropriation account under s.
220.835 (2) (ba).
AB191, s. 10
3Section
10. 71.07 (5d) (d) 2. of the statutes is amended to read:
AB191,5,64
71.07
(5d) (d) 2.
Section For taxable years beginning before January 1, 2011,
5s. 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit
6under this subsection.
AB191, s. 11
7Section
11. 71.07 (5d) (d) 2m. of the statutes is created to read:
AB191,5,108
71.07
(5d) (d) 2m. For taxable years beginning after December 31, 2010, s.
971.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the
10credit under this subsection.
AB191, s. 12
11Section
12. 71.07 (5d) (d) 5. of the statutes is created to read:
AB191,5,1712
71.07
(5d) (d) 5. For taxable years beginning after December 31, 2010, if the
13allowable amount of the claim under par. (b) exceeds the tax otherwise due under s.
1471.02 or 71.08, the amount of the claim not used to offset the tax due shall be certified
15by the department of revenue to the department of administration for payment by
16check, share draft, or other draft drawn from the appropriation account under s.
1720.835 (2) (ba).
AB191, s. 13
18Section
13. 71.10 (4) (gwb) of the statutes is amended to read:
AB191,5,2019
71.10
(4) (gwb) Early stage seed investment credit under s. 71.07 (5b)
, except
20as provided under par. (i).
AB191, s. 14
21Section
14. 71.10 (4) (gx) of the statutes is amended to read:
AB191,5,2322
71.10
(4) (gx) Angel investment credit under s. 71.07 (5d)
, except as provided
23under par. (i).
AB191, s. 15
24Section
15. 71.10 (4) (i) of the statutes is amended to read:
AB191,6,14
171.10
(4) (i) The total of claim of right credit under s. 71.07 (1), farmland
2preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and
3beyond under s. 71.613, homestead credit under subch. VIII, farmland tax relief
4credit under s. 71.07 (3m), dairy manufacturing facility investment credit under s.
571.07 (3p), jobs tax credit under s. 71.07 (3q), meat processing facility investment
6credit under s. 71.07 (3r), woody biomass harvesting and processing credit under s.
771.07 (3rm), food processing plant and food warehouse investment credit under s.
871.07 (3rn),
early stage seed investment credit under s. 71.07 (5b) (d) 4., angel
9investment credit under s. 71.07 (5d) (d) 5., film production services credit under s.
1071.07 (5f), film production company investment credit under s. 71.07 (5h), veterans
11and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs
12credit under s. 71.07 (3w), beginning farmer and farm asset owner tax credit under
13s. 71.07 (8r), earned income tax credit under s. 71.07 (9e), estimated tax payments
14under s. 71.09, and taxes withheld under subch. X.
AB191, s. 16
15Section
16. 71.28 (5b) (d) 1. of the statutes is amended to read:
AB191,6,1816
71.28
(5b) (d) 1.
Subsection For taxable years beginning before January 1,
172011, sub. (4) (e) to (h), as it applies to the credit under sub. (4), applies to the credit
18under this subsection.
AB191, s. 17
19Section
17. 71.28 (5b) (d) 1m. of the statutes is created to read:
AB191,6,2220
71.28
(5b) (d) 1m. For taxable years beginning after December 31, 2010, sub.
21(4) (e), (g), and (h), as it applies to the credit under sub. (4), applies to the credit under
22this subsection.
AB191, s. 18
23Section
18. 71.28 (5b) (d) 4. of the statutes is created to read:
AB191,7,424
71.28
(5b) (d) 4. For taxable years beginning after December 31, 2010, if the
25allowable amount of the claim under par. (b) exceeds the tax otherwise due under s.
171.23, the amount of the claim not used to offset the tax due shall be certified by the
2department of revenue to the department of administration for payment by check,
3share draft, or other draft drawn from the appropriation account under s. 20.835 (2)
4(ba).
AB191, s. 19
5Section
19. 71.30 (3) (eop) of the statutes is amended to read:
AB191,7,76
71.30
(3) (eop) Early stage seed investment credit under s. 71.28 (5b)
, except
7as provided under par. (f).
AB191, s. 20
8Section
20. 71.30 (3) (f) of the statutes is amended to read:
AB191,7,189
71.30
(3) (f) The total of farmland preservation credit under subch. IX,
10farmland tax relief credit under s. 71.28 (2m), dairy manufacturing facility
11investment credit under s. 71.28 (3p), jobs credit under s. 71.28 (3q), meat processing
12facility investment credit under s. 71.28 (3r), woody biomass harvesting and
13processing credit under s. 71.28 (3rm), food processing plant and food warehouse
14investment credit under s. 71.28 (3rn), enterprise zone jobs credit under s. 71.28
15(3w),
early stage seed investment credit under s. 71.28 (5b) (d) 4., film production
16services credit under s. 71.28 (5f), film production company investment credit under
17s. 71.28 (5h), beginning farmer and farm asset owner tax credit under s. 71.28 (8r),
18and estimated tax payments under s. 71.29.
AB191, s. 21
19Section
21. 71.47 (5b) (d) 1. of the statutes is amended to read:
AB191,7,2220
71.47
(5b) (d) 1.
Section For taxable years beginning before January 1, 2011,
21s. 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit
22under this subsection.
AB191, s. 22
23Section
22. 71.47 (5b) (d) 1m. of the statutes is created to read:
AB191,8,3
171.47
(5b) (d) 1m. For taxable years beginning after December 31, 2010, s.
271.28 (4) (e), (g), and (h), as it applies to the credit under s. 71.28 (4), applies to the
3credit under this subsection.
AB191, s. 23
4Section
23. 71.47 (5b) (d) 4. of the statutes is created to read:
AB191,8,105
71.47
(5b) (d) 4. For taxable years beginning after December 31, 2010, if the
6allowable amount of the claim under par. (b) exceeds the tax otherwise due under s.
771.43, the amount of the claim not used to offset the tax due shall be certified by the
8department of revenue to the department of administration for payment by check,
9share draft, or other draft drawn from the appropriation account under s. 20.835 (2)
10(ba).
AB191, s. 24
11Section
24. 71.49 (1) (eop) of the statutes is amended to read:
AB191,8,1312
71.49
(1) (eop) Early stage seed investment credit under s. 71.47 (5b)
, except
13as provided under par. (f).
AB191, s. 25
14Section
25. 71.49 (1) (f) of the statutes is amended to read:
AB191,8,2415
71.49
(1) (f) The total of farmland preservation credit under subch. IX,
16farmland tax relief credit under s. 71.47 (2m), dairy manufacturing facility
17investment credit under s. 71.47 (3p), jobs credit under s. 71.47 (3q), meat processing
18facility investment credit under s. 71.47 (3r), woody biomass harvesting and
19processing credit under s. 71.47 (3rm), food processing plant and food warehouse
20investment credit under s. 71.47 (3rn), enterprise zone jobs credit under s. 71.47
21(3w),
early stage seed investment credit under s. 71.47 (5b) (d) 4., film production
22services credit under s. 71.47 (5f), film production company investment credit under
23s. 71.47 (5h), beginning farmer and farm asset owner tax credit under s. 71.47 (8r),
24and estimated tax payments under s. 71.48.
AB191, s. 26
25Section
26. 238.27 of the statutes is created to read:
AB191,9,6
1238.27 Wisconsin growth initiative. The corporation shall implement a
2program to issue bonds and notes to raise capital for investment in Wisconsin
3businesses on behalf of the corporation by up to 10 venture capital funds. The
4program may not raise more than a total of $100,000,000, and may not raise funds
5after December 31, 2016. The corporation shall provide the capital raised under the
6program to venture capital funds that agree to do all of the following:
AB191,9,8
7(1) Invest the capital on behalf of the corporation in Wisconsin businesses in
8various industry sectors and in different stages of development.
AB191,9,11
9(2) Require a business in which the capital is to be invested to raise funds from
10sources other than the state or the corporation in an amount equal to 4 times the
11amount of capital to be invested on behalf of the corporation.
AB191,9,12
12(3) Maintain offices, staff, and investment in this state.
AB191,9,1814
(1)
University of Wisconsin System position authorizations. The authorized
15FTE positions for the Board of Regents of the University of Wisconsin System, funded
16from the appropriation under section 20.285 (1) (a) of the statutes, are increased by
1715.0 GPR positions to provide faculty at the Wisconsin Institute for Discovery at the
18University of Wisconsin-Madison.
AB191,9,2420
(1)
University of Wisconsin-Milwaukee School of Public Health; faculty.
21In the schedule under section 20.005 (3) of the statutes for the appropriation to the
22Board of Regents of the University of Wisconsin System under section 20.285 (1) (a)
23of the statutes, as affected by the acts of 2011, the dollar amount is increased by
24$2,198,400 for the second fiscal year of the fiscal biennium in which this subsection
1takes effect to increase the authorized FTE positions by 15.0 GPR positions for
2faculty at the University of Wisconsin-Milwaukee School of Public Health.
AB191,10,123
(2)
University of Wisconsin-Milwaukee School of Public Health; academic
4advisor and support staff. In the schedule under section 20.005 (3) of the statutes
5for the appropriation to the Board of Regents of the University of Wisconsin System
6under section 20.285 (1) (a) of the statutes, as affected by the acts of 2011, the dollar
7amount is increased by $205,200 for the second fiscal year of the fiscal biennium in
8which this subsection takes effect to increase the authorized FTE positions by 1.0
9GPR position for an academic advisor at the University of Wisconsin-Milwaukee
10School of Public Health and to increase the authorized FTE positions by 2.0 GPR
11positions for support staff at the University of Wisconsin-Milwaukee School of
12Public Health.
AB191,10,1913
(3)
University of Wisconsin-Milwaukee School of Public Health; supplies
14and services. In the schedule under section 20.005 (3) of the statutes for the
15appropriation to the Board of Regents of the University of Wisconsin System under
16section 20.285 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount
17is increased by $96,400 for the second fiscal year of the fiscal biennium in which this
18subsection takes effect to increase funding for supplies and services at the University
19of Wisconsin-Milwaukee School of Public Health.
AB191,11,220
(4)
University of Wisconsin-Milwaukee School of Freshwater Sciences;
21faculty. In the schedule under section 20.005 (3) of the statutes for the appropriation
22to the Board of Regents of the University of Wisconsin System under section 20.285
23(1) (a) of the statutes, as affected by the acts of 2011, the dollar amount is increased
24by $820,700 for the second fiscal year of the fiscal biennium in which this subsection
1takes effect to increase the authorized FTE positions by 5.0 GPR positions for faculty
2at the University of Wisconsin-Milwaukee School of Freshwater Sciences.
AB191,11,123
(5)
University of Wisconsin-Milwaukee School of Freshwater Sciences;
4academic advisor and support staff. In the schedule under section 20.005 (3) of the
5statutes for the appropriation to the Board of Regents of the University of Wisconsin
6System under section 20.285 (1) (a) of the statutes, as affected by the acts of 2011,
7the dollar amount is increased by $131,900 for the second fiscal year of the fiscal
8biennium in which this subsection takes effect to increase the authorized FTE
9positions by 1.0 GPR position for an academic advisor at the University of
10Wisconsin-Milwaukee School of Freshwater Sciences and to increase the authorized
11FTE positions by 1.0 GPR positions for support staff at the University of
12Wisconsin-Milwaukee School of Freshwater Sciences.
AB191,11,1913
(6)
University of Wisconsin-Milwaukee School of Freshwater sciences;
14supplies and services. In the schedule under section 20.005 (3) of the statutes for the
15appropriation to the Board of Regents of the University of Wisconsin System under
16section 20.285 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount
17is increased by $47,400 for the second fiscal year of the fiscal biennium in which this
18subsection takes effect to increase funding for supplies and services at the University
19of Wisconsin-Milwaukee School of Freshwater Sciences.
AB191,11,2221
(1)
This act takes effect on the day after publication of the 2011-2013 biennial
22budget act.
