560.797(2)(a)4.d. d. In the 36 months immediately preceding the date on which the application under sub. (3) was submitted to the department, 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).
560.797(2)(a)4.e. e. An employer in the vicinity of the area has given public notice under s. 109.07 (1m) of either a business closing or a mass layoff of at least 25 employees, or 25% of the employees, of a business, whichever is greater, that will result in a number of workers in the area being laid off permanently.
560.797(2)(a)4.f. f. Property values in the area have been declining.
560.797(2)(a)4.g. g. There has been a decline in the population in the area.
560.797(2)(b) (b) In making a determination under par. (a), the department shall consider all of the following:
560.797(2)(b)1. 1. The extent of poverty, unemployment or other factors contributing to general economic hardship in the area.
560.797(2)(b)2. 2. The prospects for new investment and economic development in the area.
560.797(2)(b)3. 3. The amount of investment that is likely to result from the project.
560.797(2)(b)4. 4. The number of full-time jobs that are likely to be created as a result of the project.
560.797(2)(b)5. 5. The number of full-time jobs that are likely to be available to the target population as a result of the project.
560.797(2)(b)6. 6. The competitive effect of designating the area as an enterprise development zone on other businesses in the area.
560.797(2)(b)7. 7. The needs of other areas of the state.
560.797(2)(b)8. 8. Any other factors that the department considers relevant.
560.797(2)(bg) (bg) Notwithstanding par. (a) and subject to pars. (c) and (d), the department may designate an area as an enterprise development zone for a project if the department determines all of the following:
560.797(2)(bg)1. 1. That the project serves a public purpose.
560.797(2)(bg)2. 2. That the project is not likely to occur or continue without the department's designation of the area as an enterprise development zone.
560.797(2)(bg)3. 3. That the project will likely provide for significant environmental remediation.
560.797(2)(br) (br) In making a determination under par. (bg), the department shall consider all of the following:
560.797(2)(br)1. 1. The factors specified in par. (b) 1. to 8.
560.797(2)(br)2. 2. The environmental remediation that is likely to result from the project.
560.797(2)(c) (c) The department 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 zone under s. 560.71, or as a development opportunity zone under s. 560.795, the designation of which is in effect.
560.797(2)(d) (d) The department may not designate more than 79 enterprise development zones unless the department obtains the approval of the joint committee on finance to do so. Of the enterprise development zones that the department designates, at least 10 shall be designated under par. (bg).
560.797(3) (3)Application and project plan.
560.797(3)(a)(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 an application and a project plan.
560.797(3)(b) (b) A project plan under par. (a) shall include all of the following:
560.797(3)(b)1. 1. The name and address of the person's business for which tax benefits will be claimed.
560.797(3)(b)2. 2. The appropriate Wisconsin tax identification number of the person.
560.797(3)(b)3. 3. The names and addresses of other locations outside of the area proposed to be designated as an enterprise development zone where the person conducts business and a description of the business activities conducted at those locations.
560.797(3)(b)4. 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.
560.797(3)(b)5. 5. The estimated total investment of the person in the enterprise development zone.
560.797(3)(b)6. 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.
560.797(3)(b)7. 7. The person's plans to make reasonable attempts to hire employees from the target population.
560.797(3)(b)8. 8. The estimated number of full-time jobs that will be filled by members of the target population.
560.797(3)(b)10. 10. The boundaries or legal description of the area proposed to be designated as an enterprise development zone.
560.797(3)(b)11. 11. Any other information required by the department or the department of revenue.
560.797(4) (4)Designation, certification and additional duties.
560.797(4)(a)(a) Subject to par. (b), if the department 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 shall certify the person as eligible for tax benefits.
560.797(4)(b) (b) The department may certify only one person as eligible for tax benefits in an area designated as an enterprise development zone.
560.797(4)(c) (c) When the department designates an area as an enterprise development zone for a project, the department 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.
560.797(4)(d) (d) The department shall notify the department of revenue of all persons entitled to claim tax benefits under this section.
560.797(4)(f) (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.
560.797(4)(g) (g) The department annually shall verify information submitted to the department under s. 71.07 (2dx), 71.28 (1dx) or 71.47 (1dx).
560.797(5) (5)Duration and limits.
560.797(5)(a)(a) When the department designates an area as an enterprise development zone under this section, the department shall specify the length of time, not to exceed 84 months, that the designation is effective, subject to par. (d) and sub. (6).
560.797(5)(b) (b) When the department designates an area as an enterprise development zone under this section, the department shall establish a limit, not to exceed $3,000,000, for tax benefits for the enterprise development zone.
560.797(5)(c) (c) Annually, the department shall estimate the amount of forgone state revenue because of tax benefits claimed by persons in each enterprise development zone.
560.797(5)(d)1.1. Notwithstanding the length of time specified by the department under par. (a), the designation of an area as an enterprise development zone shall expire 90 days after the day on which the department determines that the forgone tax revenues under par. (c) will equal or exceed the limit established for the enterprise development zone.
560.797(5)(d)2. 2. The department 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.
560.797(6) (6)Revocation of entitlement.
560.797(6)(a)(a) The department 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:
560.797(6)(a)1. 1. Supplies false or misleading information to obtain the tax benefits.
560.797(6)(a)2. 2. Leaves the enterprise development zone to conduct substantially the same business outside of the enterprise development zone.
560.797(6)(a)3. 3. Ceases operations in the enterprise development zone and does not renew operation of the trade or business or a similar trade or business in the enterprise development zone within 12 months.
560.797(6)(b) (b) The department shall notify the department of revenue within 30 days after revoking an entitlement under par. (a).
560.797 History History: 1995 a. 27 ss. 6936s to 6936v, 9130 (4); 1995 a. 209, 227, 417; 1997 a. 3, 27, 39; 1999 a. 9, 32.
subch. VII of ch. 560 SUBCHAPTER VII
MINORITY BUSINESS EARLY PLANNING AND DEVELOPMENT PROJECTS
Subch. VII of ch. 560 Note NOTE: 1989 Wis. Act 31, s. 3015 (1), contains legislative intent regarding subch. VII, which was created by Act 31.
560.80 560.80 Definitions. In this subchapter:
560.80(1) (1) "Board" means the minority business development board.
560.80(2) (2) "Development project" means the start-up of a business, or the expansion or acquisition of an existing business, that is or will be a minority business or the promotion of economic development and employment opportunities for minority group members or minority businesses.
560.80(3) (3) "Early planning project" means the preliminary stages of considering and planning the start-up or expansion of a business that will be a minority business.
560.80(3m) (3m) "Education and training project" means a business education and training program for minority group members and minority businesses that have received loans for working capital from an eligible recipient under s. 560.837 (1) (b).
560.80(4) (4)
560.80(4)(a)(a) "Eligible development project costs" means costs that, in accordance with sound business and financial practices, are appropriately incurred in connection with a development project or a recycling development project.
560.80(4)(b) (b) "Eligible development project costs" does not include entertainment expenses or expenses incurred before the board approves a grant or loan under s. 560.83 or 560.835.
560.80(5) (5) "Eligible recipient" means a person who is eligible to receive a grant under s. 560.82 (5) or 560.837 or a grant or loan under s. 560.83 (5) (a) or (b) or 560.835.
560.80(5m) (5m) "Finance project" means financial assistance to a minority group member or a minority business described in s. 560.837.
560.80(6) (6) "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. "Job" does not include initial training before an employment position begins.
560.80(7) (7) "Local development corporation" means any of the following:
560.80(7)(a) (a) The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.
560.80(7)(b) (b) A corporation organized under ch. 181 that is a nonprofit corporation as defined in s. 181.0103 (17), that is at least 51% controlled and actively managed by minority group members and that does all of the following:
560.80(7)(b)1. 1. Operates primarily within specific geographic boundaries.
560.80(7)(b)2. 2. Promotes economic development and employment opportunities for minority group members or minority businesses within the specific geographic area.
560.80(7)(b)3. 3. Demonstrates a commitment to or experience in promoting economic development and employment opportunities for minority group members or minority businesses.
560.80(8) (8) "Minority business" means a minority business, as defined in s. 560.036 (1) (e), that has its principal place of business in this state.
560.80(9) (9) "Minority group member" has the meaning given in s. 560.036 (1) (f).
560.80(10) (10) "New minority business" means a minority business started as a result of an early planning project.
560.80(11) (11) "Project" means a development project, a recycling development project, an early planning project, a finance project, an education and training project or a revolving fund project.
560.80(12) (12) "Recycling development project" means an activity described in s. 560.835 (1) (a) to (d).
560.80 History History: 1989 a. 31, 335; 1995 a. 27; 1997 a. 27, 79; 1999 a. 9.
560.81 560.81 Minority business grants and loans. The department shall make a grant or loan to an eligible recipient or local development corporation under this subchapter if any of the following apply:
560.81(1) (1) The department awards a grant to the eligible recipient under ss. 560.82 and 560.84.
560.81(2) (2) The board awards a grant or loan to the eligible recipient or local development corporation under ss. 560.83 (1) and 560.84 or to the eligible recipient under ss. 560.835 and 560.84.
560.81(3) (3) The board awards a grant or loan to the local development corporation under s. 560.83 (2) or 560.835.
560.81(4) (4) The board awards a grant to the eligible recipient under s. 560.837.
560.81 History History: 1989 a. 31, 335; 1997 a. 27; 1999 a. 9.
560.82 560.82 Minority business early planning grants.
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This is an archival version of the Wis. Stats. database for 1999. See Are the Statutes on this Website Official?