238.399 Enterprise zone.

823 words·~4 min read·/wi/chapter-238/238-399

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(ab)“Aviation biofuel” means biofuel used as aviation fuel.

(ae)“Biofuel” means fuel created by converting organic matter derived from wood, at least 80 percent of which, as measured by aggregate volume over a 5-year period, has been sourced in this state.

(am)For taxable years beginning before January 1, 2024:

1. Except as provided in subd. 2. , “full-time employee” means an individual who is employed in a regular, nonseasonal job and who, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.

2. The corporation may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year if all of the following apply:

a. The individual is employed in a job for which the annual pay is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

b. The individual 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.

(ar)For taxable years beginning after December 31, 2023, “full-time employee” means an individual employed in a full-time job.

(as)For taxable years beginning after December 31, 2023, “full-time job” means a nonseasonal job for which the annual pay is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage and for which the person is offered retirement, health, and other benefits.

(bm)“Personnel” means all of the following:

1. A business’ employees in an enterprise zone.

2. Individuals who provide services to a business as independent contractors in this state.

(c)“Tax benefits” means the income and franchise tax credits under ss. 71.07

(3w), 71.28

(3w), and 71.47

(3w).

(3)Designation of enterprise zones; criteria.

(a)The corporation may designate any number of enterprise zones in this state.

(am)The corporation may not designate a new enterprise zone under par.

(a)except as follows:

1. Before the corporation designates a new enterprise zone, the corporation shall notify the joint committee on finance in writing of the corporation’s intention to designate a new enterprise zone. The notice shall describe the new zone and the purposes for which the corporation proposes to designate the new zone.

2. If, within 14 working days after the date of the corporation’s notice under subd. 1. , the cochairpersons of the joint committee on finance do not notify the corporation that the committee has scheduled a meeting to review the corporation’s proposal, the corporation may designate the new enterprise zone as proposed in the corporation’s notice. If, within 14 working days after the date of the corporation’s notice under subd. 1. , the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting to review the corporation’s proposal, the corporation may designate the new enterprise zone only upon approval of the committee.

(b)In determining whether to designate an area under par.

(a), the corporation shall consider all of the following:

1. Indicators of the area’s economic need, which may include data regarding household income, average wages, the condition of property, housing values, population decline, job losses, infrastructure and energy support, the rate of business development, and the existing resources available to the area.

2. The effect of designation on other initiatives and programs to promote economic and community development in the area, including job retention, job creation, job training, and creating high-paying jobs.

(bm)The corporation shall specify whether an enterprise zone designated under par.

(a)is located in a tier I county or municipality or a tier II county or municipality.

(c)The corporation shall, to the extent possible, give preference to the greatest economic need.

(d)Notwithstanding pars.

(b)and

(c), the corporation shall designate as enterprise zones at least 3 areas comprising political subdivisions whose populations total less than 5,000 and at least 2 areas comprising political subdivisions whose populations total 5,000 or more but less than 30,000. In designating an enterprise zone under this paragraph, the corporation may consider indicators of an area’s economic need and the effect of designation on other economic development activities.

(4)Time limits; reporting.

(a)Except as provided in par.

(am), a designation under sub.

(3)may remain in effect for no more than 12 years.

(am)A designation under sub.

(3)that has a business certified under sub.

(g)operating in it may remain in effect for no more than 20 years.

(b)If an enterprise zone designation expires under par.

(a), the corporation may designate a new enterprise zone subject to the limits of sub.

(3).

(5)Certification. The corporation may certify for tax benefits any of the following: