2009 Wisconsin Act 28

(3) Evaluation costs, collection costs, foreclosure costs, and other costs associated with administering the loan portfolio under this subchapter, excluding staff salaries.

28,3081 Section 3081. 560.304 of the statutes is created to read:

560.304 Forward innovation fund. The department may award a grant or make a loan to an eligible recipient from the appropriations under s. 20.143 (1) (fi) (gm), and (io). The department shall consult with the board prior to awarding a grant or making a loan under this section.

28,3082 Section 3082. 560.305 of the statutes is created to read:

560.305 Administration. (1) The department, in cooperation with the board, shall encourage small businesses to apply for grants and loans under this subchapter by ensuring that there are no undue impediments to their participation and by actively encouraging small businesses to apply for grants and loans. The department shall do all of the following:

(a) Publish and disseminate information about projects that may be funded by a grant or loan under s. 560.304 and about procedures for applying for grants and loans under s. 560.304.

(b) Simplify the application and review procedures for small businesses so that they will not impose unnecessary administrative burdens on small businesses.

(c) Assist small businesses in preparing applications for grants and loans.

(2) The department may charge a grant or loan recipient an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

(3) The board shall develop a policy relating to obtaining reimbursement of grants and loans provided under this subchapter. The policy may provide that reimbursement shall be obtained through full repayment of the principal amount of the grant or loan plus interest, through receipt of a share of future profits from or an interest in a product or process, or through any other appropriate means.

(4) The board shall require, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25 percent of the amount of the grant or loan.

28,3082f Section 3082f. Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes is amended to read:

CHAPTER 560

SUBCHAPTER III

BUSINESS DEVELOPMENT ASSISTANCE
regulatory ombudsman CENTER

28,3082g Section 3082g. 560.41 (1m) of the statutes is amended to read:

560.41 (1m) "Center" means the business development assistance regulatory ombudsman center in the department.

28,3082h Section 3082h. 560.45 of the statutes is created to read:

560.45 Small business innovation research assistance grants. (1) The department may award a grant from the appropriations under s. 20.143 (1) (ie), (ig), (im), and (ir) to a business for innovation and research assistance.

(2) The department may not award a total of more than $250,000 in grants in a fiscal year. In each fiscal year, the department shall allocate $100,000 for grants to businesses in the phase of development that precedes the eligibility of the businesses for grants under the federal small business innovation research program, $100,000 for grants to businesses in phase III of the federal small business innovation research program, and $50,000 for grants to businesses for the costs of preparing projects for participation in the federal small business innovation research program.

(3) The department shall promulgate rules necessary to administer this section.

28,3083 Section 3083. 560.60 (1s) of the statutes is amended to read:

560.60 (1s) "Board" means the development finance economic policy board created under s. 15.155 (1) (2).

28,3086 Section 3086. 560.68 (3) of the statutes is amended to read:

560.68 (3) The department may charge a grant or loan recipient an origination fee of not more than 2% of the grant or loan amount if the grant or loan equals or exceeds $200,000 $100,000. The department shall deposit all origination fees collected under this subsection in the appropriation account under s. 20.143 (1) (gm).

28,3092g Section 3092g. 560.70 (7) (b) of the statutes is renumbered 560.70 (7) (b) 1. and amended to read:

560.70 (7) (b) 1. In Except as provided in subd. 2., in s. 560.795, "tax benefits" means the development zones investment credit under ss. 71.07 (2di), 71.28 (1di), and 71.47 (1di) and the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636. With respect to the development opportunity zones under s. 560.795 (1) (e) and (f), "tax benefits" also means the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

28,3092r Section 3092r. 560.70 (7) (b) 2. of the statutes is created to read:

560.70 (7) (b) 2. With respect to the development opportunity zones under s. 560.795 (1) (g) and (h), "tax benefits" means the development zone credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

28,3110b Section 3110b. 560.795 (1) (g) of the statutes is created to read:

560.795 (1) (g) An area in the city of Janesville, the legal description of which is provided to the department by the local governing body of the city of Janesville.

28,3110e Section 3110e. 560.795 (1) (h) of the statutes is created to read:

560.795 (1) (h) An area in the city of Kenosha, the legal description of which is provided to the department by the local governing body of the city of Kenosha.

28,3110h Section 3110h. 560.795 (2) (a) of the statutes is amended to read:

560.795 (2) (a) Except as provided in par. (d), the designation of each area under sub. (1) (a), (b), and (c) as a development opportunity zone shall be effective for 36 months, with the designation of the areas under sub. (1) (a) and (b) beginning on April 23, 1994, and the designation of the area under sub. (1) (c) beginning on April 28, 1995. Except as provided in par. (d), the designation of each area under sub. (1) (d) and (e) as a development opportunity zone shall be effective for 84 months, with the designation of the area under sub. (1) (d) beginning on January 1, 2000, and the designation of the area under sub. (1) (e) beginning on September 1, 2001. Except as provided in par. (d), the designation of the area under sub. (1) (f) as a development opportunity zone shall be effective for 108 months, with the designation of the area under sub. (1) (f) beginning on September 1, 2001. Except as provided in pars. (d) and (e), the designation of each area under sub. (1) (g) and (h) as a development opportunity zone shall be effective for 60 months, beginning on the date on which the area is designated under sub. (1).

28,3110L Section 3110L. 560.795 (2) (b) 7. of the statutes is created to read:

560.795 (2) (b) 7. Except as provided in par. (e) 1., the limit for tax benefits for the development opportunity zone under sub. (1) (g) is $5,000,000.

28,3110p Section 3110p. 560.795 (2) (b) 8. of the statutes is created to read:

560.795 (2) (b) 8. Except as provided in par. (e) 2., the limit for tax benefits for the development opportunity zone under sub. (1) (h) is $5,000,000.

28,3110r Section 3110r. 560.795 (2) (d) 1. of the statutes is amended to read:

560.795 (2) (d) 1. Notwithstanding par. pars. (a) and (e), the designation of an area as a development opportunity zone shall expire 90 days after the day on which the department determines that the forgone tax revenues under par. (c) will equal or exceed the limit for the development opportunity zone.

28,3110u Section 3110u. 560.795 (2) (e) of the statutes is created to read:

560.795 (2) (e) 1. The department may extend the designation of an area under sub. (1) (g) as a development opportunity zone for an additional 60 months if the department determines that an extension under this subdivision would support economic development within the city. If the department extends the designation of the area as a development opportunity zone, the limit for tax benefits for the development opportunity zone under sub. (1) (g) is increased by $5,000,000.

2. The department may extend the designation of an area under sub. (1) (h) as a development opportunity zone for an additional 60 months if the department determines that an extension under this subdivision would support economic development within the city. If the department extends the designation of the area as a development opportunity zone, the limit for tax benefits for the development opportunity zone under sub. (1) (h) is increased by $5,000,000.

28,3110y Section 3110y. 560.795 (3) (a) 4. of the statutes is amended to read:

560.795 (3) (a) 4. Any person that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (e) or, (f), (g), or (h) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.

28,3121g Section 3121g. 560.799 (5m) of the statutes is created to read:

560.799 (5m) Additional tax benefits for significant capital expenditures. If the department determines that a business certified under sub. (5) makes a significant capital expenditure in the enterprise zone, the department may certify the business to receive additional tax benefits in an amount to be determined by the department, but not exceeding 10 percent of the business' capital expenditures. The department shall, in a manner determined by the department, allocate the tax benefits a business is certified to receive under this subsection over the remainder of the time limit of the enterprise zone under sub. (4).

28,3121r Section 3121r. 560.799 (6) (g) 3. of the statutes is created to read:

560.799 (6) (g) 3. The definition of "significant capital expenditure" for purposes of sub. (5m).

28,3128 Section 3128. Subchapter VII of chapter 560 [precedes 560.80] of the statutes is repealed.

28,3133 Section 3133. 563.03 (1) of the statutes is amended to read:

563.03 (1) "Adult family home" has the meaning given in s. 50.01 (1) (a) or (b).

28,3134 Section 3134. 600.03 (34) of the statutes is amended to read:

600.03 (34) "Office" means "the office of the insurance commissioner" commissioner of insurance of this state.

28,3135 Section 3135 . 601.31 (1) (n) of the statutes is amended to read:

601.31 (1) (n) For listing appointing, or renewing a listing an appointment of, an agent under s. 628.11, a fee to be set by the commissioner by rule but not to exceed $8 $16 annually for resident agents or $24 $50 annually for nonresident agents, unless the commissioner sets a higher fee by rule, to be paid at times and under procedures set by the commissioner.

28,3135t Section 3135t. 601.41 (9) (a) of the statutes is amended to read:

601.41 (9) (a) In this subsection, "health care provider" has the meaning given in s. 146.81 (1) (a) to (p).

28,3136 Section 3136. 601.41 (10) of the statutes is created to read:

601.41 (10) Uniform application for individual health insurance policies. (a) The commissioner shall by rule prescribe uniform questions and the format for applications, which may not exceed 10 pages in length, for individual major medical health insurance policies.

(b) After the effective date of the rules promulgated under par. (a), an insurer may use only the prescribed questions and format for individual major medical health insurance policy applications. The commissioner shall publish a notice in the Wisconsin Administrative Register that states the effective date of the rules promulgated under par. (a).

(c) For purposes of this subsection, an individual major medical health insurance policy includes health coverage provided on an individual basis through an association.

28,3137 Section 3137. 601.428 of the statutes is created to read:

601.428 Cancellation and rescission reports. Beginning in 2009, every insurer that issues individual health insurance policies shall annually report to the commissioner the total number of individual health insurance policies that the insurer issued in the preceding year and the total number of individual health insurance policies with respect to which the insurer initiated or completed a cancellation or rescission in the preceding year.

28,3137r Section 3137r. 609.655 (3) (a) of the statutes is amended to read:

609.655 (3) (a) A clinical assessment of the dependent student's nervous or mental disorders or alcoholism or other drug abuse problems, conducted by a provider described in s. 632.89 (1) (e) 2. or, 3., or 4. who is located in this state and in reasonably close proximity to the school in which the dependent student is enrolled and who may be designated by the defined network plan.

28,3138 Section 3138. 609.755 of the statutes is created to read:

609.755 Coverage of dependents. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.885.

28,3138g Section 3138g. 609.805 of the statutes is created to read:

609.805 Coverage of contraceptives. Defined network plans are subject to s. 632.895 (17).

28,3138i Section 3138i. 609.87 of the statutes is created to read:

609.87 Coverage of treatment for autism spectrum disorders. Defined network plans are subject to s. 632.895 (12m).

28,3138n Section 3138n. 610.65 of the statutes is amended to read:

610.65 Uniform claim processing form. Beginning no later than July 1, 2004, every insurer shall use the uniform claim processing form developed by the commissioner under s. 601.41 (9) (b) when processing a claim submitted by a health care provider, as defined in s. 146.81 (1) (a) to (p).

28,3139 Section 3139. 611.11 (4) (a) of the statutes is amended to read:

611.11 (4) (a) In this subsection, "municipality" has the meaning given in s. 345.05 (1) (c), but also includes any transit authority created under s. 66.1038 or 66.1039.

28,3140 Section 3140. 614.10 (2) (c) 3. of the statutes is amended to read:

614.10 (2) (c) 3. Notwithstanding s. 614.01 (1) (a) 2., on the application of an employee specified in subd. 2., provide insurance benefits to the employee's spouse or domestic partner under ch. 770 or a child of the employee who receives financial services or support from the employee.

28,3141 Section 3141. 619.01 (1) (a) of the statutes is amended to read:

619.01 (1) (a) Establishment of plans. If the commissioner finds after a hearing that in any part of this state automobile insurance, property insurance, health care liability insurance, liability insurance but not to include coverage for risks which that are determined to be uninsurable, worker's compensation insurance, insurance coverage for foster homes or treatment foster homes, or insurance coverage for group homes is not readily available in the voluntary market, and that the public interest requires such that availability, the commissioner may by rule either promulgate plans to provide such insurance coverages for any risks in this state which that are equitably entitled to, but otherwise unable to obtain such, that coverage, or may call upon the insurance industry to prepare plans for the commissioner's approval.

28,3142 Section 3142. 619.01 (1) (c) 1. of the statutes is amended to read:

619.01 (1) (c) 1. Each plan, except a health care liability insurance plan, a foster home protection insurance plan, a treatment foster home protection insurance plan or a group home protection insurance plan, shall require participation by all insurers doing any business in this state of the types covered by the specific plan and all agents licensed to represent such those insurers in this state for the specified types of business, except that the commissioner may exclude classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.

28,3143 Section 3143. 619.01 (1) (c) 4m. of the statutes is repealed.

28,3144 Section 3144. 619.01 (9) of the statutes is amended to read:

619.01 (9) Foster home protection insurance. In this section "foster home protection insurance" means insurance coverage to protect persons who receive a license to operate a foster home under s. 48.62 (1) (a) against the unique risks, determined by the commissioner, to which such those persons are exposed. If the persons have insurance which that covers any of these those risks, the foster home protection insurance may insure against any or all of the other risks, and may provide additional or excess limits coverage for any or all of these those risks.

28,3145 Section 3145. 619.01 (9m) of the statutes is repealed.

28,3147 Section 3147. 631.43 (3) of the statutes is amended to read:

631.43 (3) Exception. Subsection (1) does not affect the rights of insurers to exclude, limit or reduce restrict coverage under s. 632.32 (5) (b), or (c) or (f) to (j) .