Anti-Piracy Rules - Wisconsin

In 1993, Wisconsin enacted the following law to prevent cities from using industrial development revenue bonds to lure companies and jobs from other parts of the state. Cities have the power to finance industrial development by issuing bonds. The 1993 law bars municipalities from using bonds to finance projects that will result in job losses elsewhere in the state, unless the company meets the requirements outlined in part "(b)" below.

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CHAPTER 66 GENERAL MUNICIPALITY LAW
SUBCHAPTER XI DEVELOPMENT
Section 66.1103 - Industrial development revenue bonding

(Note: This is an excerpt of the relevant portions of the state's statutes)

. . . 66.1103 (4s) Job shifting requirements.

(a) In this subsection:

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  a. Is created at a project site when the employer moves any part of its operation to a project site from another site in this state.

  b. Increases the employer's total number of jobs at a project site after the construction of the project compared to the employer's total number of jobs at that project site before the construction of the project.

  c. Is created within one year after the construction of the project is completed.

  d. Is substantially similar in tasks performed and skills required as a lost job.

  e. Is not a construction job or other nonpermanent job at a project site that is required only during and because of the construction of the project.

1. "Department" means the department of commerce.

2. "Employer" means an eligible participant, as defined in sub. (2) (c).

3. "Lost job" means an employment position with an employer that is eliminated at site in this state other than a project site when the employer moves any part of its operation to a project site.

4. "New job" means an employment position with an employer that meets all of the following requirements:

5. "Project site" means the location of a project that is the subject of a revenue agreement.

(b) A municipality may not enter into a revenue agreement with any employer that employs individuals in this state at a site other than a project site unless the employer certifies that the project is not expected to result in any lost jobs or the employer agrees to all of the following:

1. Notwithstanding sub. (6m), the employer shall offer employment at any new job first to persons who were formerly employed at lost jobs.

2. The offer of employment for the new job shall have compensation and benefit terms at least as favorable as those of the lost job.

3. The employer shall certify compliance with this subsection to the department, to the governing body of each municipality within which a lost job exists and to any collective bargaining agent in this state with which the employer has a collective bargaining agreement at the project site or at a site where a lost job exists.

4. The employer shall submit a report to the department every 3 months during the first year after the construction of the project is completed. The reports shall provide information about new jobs, lost jobs and offers of employment made to persons who were formerly employed at lost jobs. The 4th report shall be the final report. The form and content of the reports shall be prescribed by the department under par. (d).

(c) A determination of whether the job offer required under par. (b) is an offer of suitable work under s. 108.04 (8) may not take into consideration the requirements of this subsection. Whether the job offer is an offer of suitable work under ch. 108 may be determined only by the same standards and requirements that apply to any other job offer under ch. 108, including any standards relating to the relative location of the offered work and the location of the employee's domicile.

(d) The department shall administer this subsection and shall prescribe forms for certification and reports under par. (b). . .

More Information:

• Wisconsin Business Services
• Wisconsin State Legislature Home Page