1 | 1 | | 2025 - 2026 LEGISLATURE |
---|
2 | 2 | | LRB-2933/1 |
---|
3 | 3 | | KRP&KP:cdc |
---|
4 | 4 | | 2025 SENATE BILL 244 |
---|
5 | 5 | | May 9, 2025 - Introduced by Senators QUINN and BRADLEY, cosponsored by |
---|
6 | 6 | | Representatives ZIMMERMAN, GUSTAFSON, ARMSTRONG, KREIBICH, O'CONNOR, |
---|
7 | 7 | | PIWOWARCZYK, SNYDER, WITTKE and KNODL. Referred to Committee on |
---|
8 | 8 | | Agriculture and Revenue. |
---|
9 | 9 | | |
---|
10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
---|
11 | 11 | | AN ACT to renumber and amend 238.40 (1) (b) 1.; to amend 238.40 (1) (b) |
---|
12 | 12 | | (intro.); to create 238.40 (1) (b) 1. b. and 238.40 (1) (bm) of the statutes; |
---|
13 | 13 | | relating to: modifying the sales and use tax exemption for qualified data |
---|
14 | 14 | | centers. |
---|
15 | 15 | | Analysis by the Legislative Reference Bureau |
---|
16 | 16 | | This bill makes various changes to the sales and use tax exemption for |
---|
17 | 17 | | qualified data centers. |
---|
18 | 18 | | Under current law, there is a sales and use tax exemption for certain property |
---|
19 | 19 | | and items used to construct, operate, or renovate a qualified data center, as |
---|
20 | 20 | | certified by the Wisconsin Economic Development Corporation. Under current law, |
---|
21 | 21 | | WEDC may certify a qualified data center if it meets all of the following criteria: |
---|
22 | 22 | | 1. The qualified data center is one or more buildings or an array of connected |
---|
23 | 23 | | buildings owned, leased, or operated by the same business entity or its affiliate. |
---|
24 | 24 | | 2. The buildings are rehabilitated or constructed to house a group of |
---|
25 | 25 | | networked server computers in one physical location or multiple locations in order |
---|
26 | 26 | | to centralize the processing, storage, management, retrieval, communication, or |
---|
27 | 27 | | dissemination of data and information. |
---|
28 | 28 | | 3. The buildings create a minimum qualified investment in this state within |
---|
29 | 29 | | five years from the certification date in the amount of $50 million, $100 million, or |
---|
30 | 30 | | 1 |
---|
31 | 31 | | 2 |
---|
32 | 32 | | 3 |
---|
33 | 33 | | 4 2025 - 2026 Legislature |
---|
34 | 34 | | SENATE BILL 244 |
---|
35 | 35 | | - 2 - LRB-2933/1 |
---|
36 | 36 | | KRP&KP:cdc |
---|
37 | 37 | | SECTION 1 |
---|
38 | 38 | | $150 million, depending on the population of the county in which the buildings are |
---|
39 | 39 | | located. |
---|
40 | 40 | | The bill modifies the definition of qualified data center to provide that the |
---|
41 | 41 | | buildings may house a group of individual, as well as a group of networked, server |
---|
42 | 42 | | computers. In addition, the bill provides that WEDC also may certify a qualified |
---|
43 | 43 | | data center if, in addition to the criteria described in items 1 and 3, it meets the |
---|
44 | 44 | | following criterion, rather than the criterion described under item 2: the buildings |
---|
45 | 45 | | are rehabilitated or constructed to house a group of individual or networked server |
---|
46 | 46 | | computers in one physical location or multiple locations in order to provide an |
---|
47 | 47 | | owner, operator, or tenant the opportunity to rent or own space, utilities and other |
---|
48 | 48 | | vital resources such as cooling capacity, enhanced security features, or the ability to |
---|
49 | 49 | | procure infrastructure, platforms, software, and other managed services. |
---|
50 | 50 | | The bill also provides that WEDC may not certify buildings that are used for |
---|
51 | 51 | | or to facilitate the creation of cryptocurrencies and the process used to verify and |
---|
52 | 52 | | secure cryptocurrency transactions and blockchains as qualified data centers |
---|
53 | 53 | | eligible for the sales and use tax exemption. |
---|
54 | 54 | | Because this bill relates to an exemption from state or local taxes, it may be |
---|
55 | 55 | | referred to the Joint Survey Committee on Tax Exemptions for a report to be |
---|
56 | 56 | | printed as an appendix to the bill. |
---|
57 | 57 | | For further information see the state and local fiscal estimate, which will be |
---|
58 | 58 | | printed as an appendix to this bill. |
---|
59 | 59 | | The people of the state of Wisconsin, represented in senate and assembly, do |
---|
60 | 60 | | enact as follows: |
---|
61 | 61 | | SECTION 1. 238.40 (1) (b) (intro.) of the statutes is amended to read: |
---|
62 | 62 | | 238.40 (1) (b) (intro.) XQualified Except as provided in par. (bm), Xqualified |
---|
63 | 63 | | data centerY means one or more buildings or an array of connected buildings owned, |
---|
64 | 64 | | leased, or operated by the same business entity, as defined in s. 13.62 (5), or its |
---|
65 | 65 | | affiliate and for which all of the following apply: |
---|
66 | 66 | | SECTION 2. 238.40 (1) (b) 1. of the statutes is renumbered 238.40 (1) (b) 1. |
---|
67 | 67 | | (intro.) and amended to read: |
---|
68 | 68 | | 238.40 (1) (b) 1. (intro.) The buildings are rehabilitated or constructed to |
---|
69 | 69 | | house a group of individual or networked server computers in one physical location |
---|
70 | 70 | | or multiple locations in order to do any of the following: |
---|
71 | 71 | | 1 |
---|
72 | 72 | | 2 |
---|
73 | 73 | | 3 |
---|
74 | 74 | | 4 |
---|
75 | 75 | | 5 |
---|
76 | 76 | | 6 |
---|
77 | 77 | | 7 |
---|
78 | 78 | | 8 |
---|
79 | 79 | | 9 |
---|
80 | 80 | | 10 2025 - 2026 Legislature |
---|
81 | 81 | | SENATE BILL 244 |
---|
82 | 82 | | - 3 - LRB-2933/1 |
---|
83 | 83 | | KRP&KP:cdc |
---|
84 | 84 | | SECTION 2 |
---|
85 | 85 | | a. Allow an owner, operator, or tenant to centralize the processing, storage, |
---|
86 | 86 | | management, retrieval, communication, or dissemination of data and information. |
---|
87 | 87 | | SECTION 3. 238.40 (1) (b) 1. b. of the statutes is created to read: |
---|
88 | 88 | | 238.40 (1) (b) 1. b. Provide an owner, operator, or tenant the opportunity to |
---|
89 | 89 | | rent or own space, utilities, and other vital resources such as cooling capacity, |
---|
90 | 90 | | enhanced security features, or the ability to procure infrastructure, platforms, |
---|
91 | 91 | | software, and other managed services. |
---|
92 | 92 | | SECTION 4. 238.40 (1) (bm) of the statutes is created to read: |
---|
93 | 93 | | 238.40 (1) (bm) XQualified data centerY does not include buildings used for or |
---|
94 | 94 | | to facilitate the creation of cryptocurrencies and the process used to verify and |
---|
95 | 95 | | secure cryptocurrency transactions and blockchains. |
---|
96 | 96 | | SECTION 5. Effective date. |
---|
97 | 97 | | (1) This act takes effect on the first day of the 3rd month beginning after |
---|
98 | 98 | | publication. |
---|
99 | 99 | | (END) |
---|
100 | 100 | | 1 |
---|
101 | 101 | | 2 |
---|
102 | 102 | | 3 |
---|
103 | 103 | | 4 |
---|
104 | 104 | | 5 |
---|
105 | 105 | | 6 |
---|
106 | 106 | | 7 |
---|
107 | 107 | | 8 |
---|
108 | 108 | | 9 |
---|
109 | 109 | | 10 |
---|
110 | 110 | | 11 |
---|
111 | 111 | | 12 |
---|
112 | 112 | | 13 |
---|
113 | 113 | | 14 |
---|
114 | 114 | | 15 |
---|