Chapter 238, WISCONSIN ECONOMIC DEVELOPMENT CORPORATION

238.01 Definitions. In this chapter, except as otherwise provided: (1) “Board” means the board of directors of the corporation. (2) “Corporation” means the Wisconsin Economic Development Corporation. (3) “Economic development program” means a program or activity having the primar…

238.02 Creation and organization of corporation. (1) There is created an authority, which is a public body corporate and politic, to be known as the “Wisconsin Economic Development Corporation.” The members of the board shall consist of 6 members nominated by the governor, and wi…

238.03 Duties of board. (1) The board shall develop and implement economic programs to provide business support and expertise and financial assistance to companies that are investing and creating jobs in Wisconsin and to support new business startups and business expansion and gr…

238.04 Powers of board. The board shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the board under this chapter, the board may specifically: (1) Adopt, amend, and repeal any bylaws,…

238.045 Establishment of nonprofit organization. (1) DEFINITION. In this section, “nonprofit organization” means a nonprofit corporation, as defined in s. 181.0103 (17), and any organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal…

238.046 Private interest in public contract. (1) A member of the board or an employee of the corporation to whom the board delegates its authority to contract shall notify the corporation’s legal counsel or, if the corporation’s legal counsel is unavailable, the chief executive o…

238.06 Liability limited. Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within ECONOMIC DEVELOPMENT CORPORATION the scope of employment or agency, is liable for …

238.07 Submission of annual reports to legislature. (1) Annually, by January 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the boa…

238.08 Records of the corporation. All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to the following: (1) Pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain co…

238.09 Procurement policies and procedures. The board shall adopt policies and procedures that specify all of the following: (1) When the corporation is required to publicly solicit proposals from multiple vendors of goods or services. 238.115 (2) How the corporation is to evalua…

238.10 Allocation of volume cap on tax-exempt bonds. (1) ALLOCATION. The corporation shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities,…

238.11 Employment impact estimates. (1) The corporation shall prescribe the notice forms to be used under s. 66.1103 (4m) (a) 1. The corporation shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminate…

238.115 Tax credit reporting. (1) CORPORATION OBLIGATIONS. No later than the end of the first month following each quarter, the corporation shall provide to the department of revenue all of the following information for the previous quarter: (a) The identity of each person the co…

238.12 Repayment of grants, loans, and tax benefits. (1) In this section, “tax benefits” means the credits under ss. 71.07 (2dm), (2dx), (3g), (3t), and (3wm), 71.28 (1dm), (1dx), (3g), (3t), and (3wm), 71.47 (1dm), (1dx), (3g), and (3t), and 76.636. NOTE: Sub. (1) is amended eff…

238.124 Loan limitations. (1) The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient’s achievement of one or more conditions or goals. (2) Each new lending program the corporation implements or administers shall adhere as closely…

238.125 Notification of position openings; compliance. The corporation shall monitor compliance with the position-opening notification requirements under ss. 66.1103 (6m) and 106.16. History: 1987 a. 27; 1995 a. 27; 1999 a. 150 s. 672; 2011 a. 32 s. 3333; Stats. 2011 s. 238.125.

238.127 State main street program. (1) In this section: (a) “Business area” means a commercial area existing at the time services under the state main street program are requested and having historic significance. (b) “Municipality” means a city, village or town. (c) “Revitalizat…

238.13 Brownfields grant program. (1) In this section: (a) “Brownfields” means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination. (b) “Brownfi…

238.133 Brownfield site assessment grants. (1) DEFINITIONS. In this section: (a) “Eligible site or facility” means one or more contiguous industrial or commercial facilities or sites with common or multiple ownership that are abandoned, idle, or underused, the expansion or redeve…

238.135 Grants to regional economic development organizations. The corporation shall award annual grants to regional economic development organizations to fund marketing activities. The amount of each grant may not exceed $100,000 or the amount of matching funds the organization …

238.14 Talent recruitment grants. (1) DEFINITIONS. In this section: (a) “Household” means a group of one or more individuals who dwell together within the same dwelling. (b) “Household goal” means the total number of households that a talent recruitment program under this section…

238.143 Opportunity attraction and promotion. (1) DEFINITION. In this section, “eligible applicant” means any of the following in this state: (a) A city, village, town, or county. (b) An American Indian tribe or band in this state. (c) An area visitor and convention bureau. ECONO…

238.145 Branch campus redevelopment grants. (1) DEFINITIONS. In this section: (a) “Branch campus” means any of the former college campuses that were partnered with a university in the University of Wisconsin System restructuring plan approved by the Higher Learning Commission on …

238.15 Early stage business investment program. (1) ANGEL INVESTMENT TAX CREDITS. The corporation shall implement a program to certify businesses for purposes of s. 71.07 (5d). A business desiring certification shall submit an application to the corporation in each taxable year f…

238.155 Talent attraction and retention initiatives. The corporation shall collaborate with state agencies to develop and implement initiatives for the attraction of talent to and retention of talent in this state, including by leveraging the existing programs of state agencies f…

238.157 Organizing and hosting a Wisconsin nuclear power summit. (1) In this section, “board” means the nuclear power summit board. (2) The board shall organize, promote, and host a Wisconsin nuclear power summit in the city of Madison to provide participants with education and i…

238.16 Jobs tax credit. (1) DEFINITIONS. In this section: (a) 1. Except as provided in subd. 2., “business” means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited…

238.17 Historic rehabilitation tax credit. (1) For taxable years beginning after December 31, 2013, the corporation may certify a person to claim a tax credit under s. 71.07 (9m), 71.28 (6), or 71.47 (6), if the corporation determines that the person is conducting an eligible act…

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 p…

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 dev…

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. NOTE: This section is amended eff. 1-1-30 by 20…

238.29 Wisconsin-Ireland trade commission. (1) DEFINITION. In this section, “commission” means the advisory body established by the corporation under sub. (2). ECONOMIC DEVELOPMENT CORPORATION (2) CREATION. The corporation shall establish an advisory body, to be known as the Wisc…

238.30 Definitions. In this section: (2) “Development zone program” means the program administered under this subchapter. (2g) “Eligible activity” means an activity described under s. 238.302 [s. 238.302, 2023 stats.]. NOTE: The correct cross-reference is shown in brackets. Secti…

238.308 Business development tax credit. (1) DEFINITIONS. In this section: (a) “Eligible employee” means a person employed in a fulltime job by a person certified under sub. (2). (b) For taxable years beginning after December 31, 2023, “full-time job” means a nonseasonal job for …

238.309 Rail infrastructure tax credits. (1) DEFINITIONS. In this section: (a) “Local government” means a city, village, town, county, or ECONOMIC DEVELOPMENT CORPORATION American Indian band or tribe in this state or a unit or instrumentality of a city, village, town, or county.…

238.396 Electronics and information technology manufacturing zone. (1) DEFINITION. In this section, “tax benefits” means the income and franchise tax credits under ss. 71.07 (3wm) and 71.28 (3wm). (1m) DESIGNATION OF ZONE; CRITERIA. (a) The corporation may designate not more than…

238.399 Enterprise zone. (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 pe…

238.40 Data centers. (1) DEFINITIONS. In this section: (a) “Eligible data center costs” means expenditures made after October 1, 2023, for the development, acquisition, construction, renovation, expansion, replacement, or repair and the operation of a qualified data center in thi…