Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB244 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 244
55 May 9, 2025 - Introduced by Senators QUINN and BRADLEY, cosponsored by
66 Representatives ZIMMERMAN, GUSTAFSON, ARMSTRONG, KREIBICH, O'CONNOR,
77 PIWOWARCZYK, SNYDER, WITTKE and KNODL. Referred to Committee on
88 Agriculture and Revenue.
99
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to renumber and amend 238.40 (1) (b) 1.; to amend 238.40 (1) (b)
1212 (intro.); to create 238.40 (1) (b) 1. b. and 238.40 (1) (bm) of the statutes;
1313 relating to: modifying the sales and use tax exemption for qualified data
1414 centers.
1515 Analysis by the Legislative Reference Bureau
1616 This bill makes various changes to the sales and use tax exemption for
1717 qualified data centers.
1818 Under current law, there is a sales and use tax exemption for certain property
1919 and items used to construct, operate, or renovate a qualified data center, as
2020 certified by the Wisconsin Economic Development Corporation. Under current law,
2121 WEDC may certify a qualified data center if it meets all of the following criteria:
2222 1. The qualified data center is one or more buildings or an array of connected
2323 buildings owned, leased, or operated by the same business entity or its affiliate.
2424 2. The buildings are rehabilitated or constructed to house a group of
2525 networked server computers in one physical location or multiple locations in order
2626 to centralize the processing, storage, management, retrieval, communication, or
2727 dissemination of data and information.
2828 3. The buildings create a minimum qualified investment in this state within
2929 five years from the certification date in the amount of $50 million, $100 million, or
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3838 $150 million, depending on the population of the county in which the buildings are
3939 located.
4040 The bill modifies the definition of qualified data center to provide that the
4141 buildings may house a group of individual, as well as a group of networked, server
4242 computers. In addition, the bill provides that WEDC also may certify a qualified
4343 data center if, in addition to the criteria described in items 1 and 3, it meets the
4444 following criterion, rather than the criterion described under item 2: the buildings
4545 are rehabilitated or constructed to house a group of individual or networked server
4646 computers in one physical location or multiple locations in order to provide an
4747 owner, operator, or tenant the opportunity to rent or own space, utilities and other
4848 vital resources such as cooling capacity, enhanced security features, or the ability to
4949 procure infrastructure, platforms, software, and other managed services.
5050 The bill also provides that WEDC may not certify buildings that are used for
5151 or to facilitate the creation of cryptocurrencies and the process used to verify and
5252 secure cryptocurrency transactions and blockchains as qualified data centers
5353 eligible for the sales and use tax exemption.
5454 Because this bill relates to an exemption from state or local taxes, it may be
5555 referred to the Joint Survey Committee on Tax Exemptions for a report to be
5656 printed as an appendix to the bill.
5757 For further information see the state and local fiscal estimate, which will be
5858 printed as an appendix to this bill.
5959 The people of the state of Wisconsin, represented in senate and assembly, do
6060 enact as follows:
6161 SECTION 1. 238.40 (1) (b) (intro.) of the statutes is amended to read:
6262 238.40 (1) (b) (intro.) XQualified Except as provided in par. (bm), Xqualified
6363 data centerY means one or more buildings or an array of connected buildings owned,
6464 leased, or operated by the same business entity, as defined in s. 13.62 (5), or its
6565 affiliate and for which all of the following apply:
6666 SECTION 2. 238.40 (1) (b) 1. of the statutes is renumbered 238.40 (1) (b) 1.
6767 (intro.) and amended to read:
6868 238.40 (1) (b) 1. (intro.) The buildings are rehabilitated or constructed to
6969 house a group of individual or networked server computers in one physical location
7070 or multiple locations in order to do any of the following:
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8484 SECTION 2
8585 a. Allow an owner, operator, or tenant to centralize the processing, storage,
8686 management, retrieval, communication, or dissemination of data and information.
8787 SECTION 3. 238.40 (1) (b) 1. b. of the statutes is created to read:
8888 238.40 (1) (b) 1. b. Provide an owner, operator, or tenant the opportunity to
8989 rent or own space, utilities, and other vital resources such as cooling capacity,
9090 enhanced security features, or the ability to procure infrastructure, platforms,
9191 software, and other managed services.
9292 SECTION 4. 238.40 (1) (bm) of the statutes is created to read:
9393 238.40 (1) (bm) XQualified data centerY does not include buildings used for or
9494 to facilitate the creation of cryptocurrencies and the process used to verify and
9595 secure cryptocurrency transactions and blockchains.
9696 SECTION 5. Effective date.
9797 (1) This act takes effect on the first day of the 3rd month beginning after
9898 publication.
9999 (END)
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