2005 Wisconsin Act 25

25,2346 Section 2346. 460.05 (1) (e) 1. of the statutes is amended to read:

460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 45.54 38.50 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).

25,2347 Section 2347. 460.05 (3) of the statutes is repealed and recreated to read:

460.05 (3) The department shall grant a certificate as a massage therapist or bodyworker to a person who satisfies the requirements specified in sub. (1) (a) to (d), (g), and (h) and who includes with the application specified in sub. (1) (c) all of the following:

(a) Evidence satisfactory to the department that, during the 2-year period after March 1, 2003, the person was actively engaged in the practice of massage therapy or bodywork.

(b) An attestation that the person only recently became aware of the requirements of this chapter.

25,2347p Section 2347p. 560.031 of the statutes is created to read:

560.031 Grants for ethanol production facilities. Notwithstanding ss. 560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after the effective date of this section .... [revisor inserts date], unless a competitive bidding process is used for the construction of the ethanol production facility.

25,2348m Section 2348m. 560.075 of the statutes is created to read:

560.075 Repayment of grants, loans, and tax benefits. (1) In this section, "tax benefits" means the credits under ss. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), and (3t), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), and (3t), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), and (3t).

(2) The department may not award a grant or loan under this chapter to a person or certify a person to receive tax benefits unless the department enters into an agreement with the person that requires the person to repay the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits and commences substantially the same economic activity outside this state.

25,2348q Section 2348q. 560.125 of the statutes is created to read:

560.125 Diesel truck idling reduction grants. (1) Definitions. In this section:

(a) "Common motor carrier" has the meaning given in s. 194.01 (1).

(b) "Contract motor carrier" has the meaning given in s. 194.01 (2).

(c) "Idling reduction unit" means a device that is installed on a diesel truck to reduce the long-duration idling of the truck by providing heat, air conditioning, or electricity to the truck while the truck is stationary and the main drive engine of the truck is not operating.

(d) "Post-1998 diesel truck engine" means a heavy-duty highway diesel engine that complies with the air pollutant emission standards promulgated by the federal environmental protection agency under 42 USC 7521 for engine model year 1998 or a later engine model year.

(e) "Private motor carrier" has the meaning given in s. 194.01 (11).

(f) "Truck tractor" has the meaning given in s. 340.01 (73).

(2) Authority. Beginning on July 1, 2006, and ending on June 30, 2011, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in subs. (3) and (4).

(3) Eligible applicants. An applicant is eligible for a grant under this section only if all of the following apply:

(a) The applicant is a common motor carrier, contract motor carrier, or private motor carrier that transports freight.

(b) The applicant is headquartered in this state.

(c) The applicant pays 30 percent of the eligible costs for each idling reduction unit covered by a grant under this section without the use of grants, loans, or other financial assistance from this state or from a local governmental unit in this state.

(d) The applicant agrees to collect information relating to the operation and performance of each idling reduction unit covered by a grant under this section, as required by the department, and to report that information to the department.

(4) Grants. (a) Except as provided in par. (b), the costs that an applicant has incurred or will incur to purchase and install an idling reduction unit on a truck tractor that is owned and operated by the applicant and that has a post-1998 diesel truck engine are eligible costs under this section if the use of the idling reduction unit will result, in the aggregate, in a decrease in the emissions of one or more air contaminants, as defined in s. 285.01 (1), from the truck tractor on which the idling reduction unit is installed or in a decrease in the use of energy by the truck tractor on which the idling reduction unit is installed.

(b) The following costs are not eligible costs:

1. The cost of shipping an idling reduction unit from the manufacturer to the facility where the idling reduction unit will be installed on the truck tractor.

2. The cost of operating an idling reduction unit.

3. The cost of maintaining an idling reduction unit.

(c) Subject to par. (d), the department may make a grant under this section of 70 percent of the eligible costs for not more than the following number of idling reduction units:

1. If the applicant owns and operates one truck tractor with a post-1998 diesel truck engine, one.

2. If the applicant owns and operates at least 2 but not more than 10 truck tractors with post-1998 diesel truck engines, 2.

3. If the applicant owns and operates at least 11 but not more than 50 truck tractors with post-1998 diesel truck engines, the greater of the following:

a. Two.

b. Ten percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

4. If the applicant owns and operates at least 51 but not more than 250 truck tractors with post-1998 diesel truck engines, the greater of the following:

a. Six.

b. Seven percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

5. If the applicant owns and operates at least 251 but not more than 500 truck tractors with post-1998 diesel truck engines, the greater of the following:

a. Eighteen.

b. Six percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

6. If the applicant owns and operates at least 501 but not more than 2,500 truck tractors with post-1998 diesel truck engines, the greater of the following:

a. Twenty-five.

b. Five percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

7. If the applicant owns and operates more than 2,500 truck tractors with post-1998 diesel truck engines, 3 percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

(d) In any fiscal year, the department may not pay to any one applicant more than 20 percent of the amount appropriated under s. 20.143 (3) (sm) for the fiscal year.

(e) The department may pay a grant over more than one fiscal year, subject to the availability of funds and to par. (d).

(f) The department shall require that applicants receiving grants under this section covering more than one idling reduction unit purchase idling reduction units of more than one type and from more than one manufacturer. The department may impose other conditions on the receipt of grants.

(g) The department shall withhold payment of at least 20 percent of a grant under this section until the recipient has complied with the conditions of the grant established by the department, including providing to the department information relating to the operation and performance of each idling reduction unit covered by the grant.

(5) Information. The department shall collect information from recipients of grants under this section relating to the operation and performance of idling reduction units. The department shall summarize the information collected and make it available to common motor carriers, contract motor carriers, and private motor carriers in an accessible and cost-effective manner, such as on department's Internet site.

(5m) Rules. The department shall promulgate rules for the administration of the program under this section.

(6) Sunset. Subsections (2) to (4) do not apply after December 31, 2012.

25,2351 Section 2351. 560.137 (2) (f) of the statutes is created to read:

560.137 (2) (f) If the department awards a grant under this subsection, the department may contract directly with and pay grant proceeds directly to any person providing technical or management assistance to the grant recipient.

25,2352 Section 2352. 560.138 (6) of the statutes is created to read:

560.138 (6) If the department awards a grant under this section, the department may contract directly with and pay grant proceeds directly to any person providing technical or management assistance to the grant recipient.

25,2357m Section 2357m. 560.155 of the statutes is repealed.

25,2361m Section 2361m. 560.18 of the statutes is renumbered 26.40, and 26.40 (1m), as renumbered, is amended to read:

26.40 (1m) From the appropriation under s. 20.143 (1) (t), the The department may award grants to nonprofit organizations to develop forestry educational programs and instructional materials for use in the public schools. The department may not award a grant unless it enters into a memorandum of understanding with the grant recipient and the director of the timber management program at the University of Wisconsin-Stevens Point regarding the use of the funds.

25,2366m Section 2366m. 560.275 (2) (a) to (d) and (e) (intro.) of the statutes are amended to read:

560.275 (2) (a) Early stage planning grants and loans. The department may make a grant or loan from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) for the purpose of funding professional services related to completing an application to be submitted to the federal government for the purpose of obtaining early stage research and development funding or for the purpose of funding professional services that are required to accomplish specific tasks established as a condition of receiving early stage financing from 3rd parties that is necessary for business development.

(b) Matching grants and loans. 1. The department may make a grant or loan from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) for the purpose of funding professional services related to developing a proposed technologically innovative product, process, or service, if the applicant has received a grant from the federal government for a substantially similar purpose.

2. The department may make a grant or loan from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) for the purpose of funding professional services related to the accelerated commercialization of a technologically innovative product, process, or service, if the federal government has notified the applicant that the applicant will receive a grant from the federal government for a substantially similar purpose.

(c) Bridge grants and loans. The department may make a grant or loan from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) to a person who has received early stage financing from 3rd parties or a grant from the federal government to fund early stage research and development and who has sought additional early stage financing from 3rd parties or applied for an additional grant from the federal government to fund early stage research and development. A grant or loan under this paragraph shall be for the purpose of funding professional services necessary to maintain the project research and management team and funding basic operations until the applicant's additional 3rd party financing request or federal grant application is approved or denied.

(d) Venture capital grants and loans. The department may make a grant or loan from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) for the purpose of enhancing the applicant's ability to obtain early stage financing from 3rd parties.

(e) (intro.) Entrepreneurial and technology transfer center grants. The department may make a grant from the appropriation under s. 20.143 (1) (dk) or (ik) (c) or (ie) for the purpose of supporting any entrepreneurial and technology transfer center that satisfies all of the following criteria:

25,2376j Section 2376j. 560.275 (8) of the statutes is created to read:

560.275 (8) Small businesses. The department shall award not less than 50 percent of the total amount of grants and loans made under this section to small businesses, as defined in 560.60 (15).

25,2376k Section 2376k. 560.275 (9) of the statutes is created to read:

560.275 (9) Distressed Areas. The department shall award not less than 35 percent of the total amount of grants and loans made under this section to businesses in distressed areas, as defined in 560.605 (7) (b).

25,2376L Section 2376L. 560.60 (15) of the statutes is renumbered 560.60 (15) (intro.) and amended to read:

560.60 (15) (intro.) "Small business" means a business that is operating for profit, with 250 and to which any of the following apply:

(a) The business has 100 or fewer employees, including employees of any subsidiary or affiliated organization.

25,2376m Section 2376m. 560.60 (15) (b) of the statutes is created to read:

560.60 (15) (b) The business has annual gross receipts of $10,000,000 or less.

25,2388p Section 2388p. 560.605 (1) (p) of the statutes is created to read:

560.605 (1) (p) For an ethanol production facility on which construction begins after the effective date of this paragraph .... [revisor inserts date], a competitive bidding process is used for the construction of the ethanol production facility.

25,2407L Section 2407L. 560.605 (7) of the statutes is created to read:

560.605 (7) (a) The board shall award not less than 50 percent of the total amount of grants and loans made under this subchapter to small businesses.

(b) The board shall award not less than 35 percent of the total amount of grants and loans made under this subchapter to businesses in distressed areas. In this paragraph, "distressed area" means an area to which any of the following apply:

1. The area has a high level of unemployment.

2. The area has a low median household income.

3. A significant number of workers in the area have been permanently laid off.

4. An employer in the area has given public notice of a plant closing or a substantial reduction in force that will result in a significant number of workers in the area being permanently laid off.

5. The area is designated as a development zone under s. 560.71 or an enterprise development zone under s. 560.797.

6. As determined by the board, the area is affected by another factor that indicates the area is a distressed area.

25,2418m Section 2418m. 560.797 (2) (c) of the statutes is amended to read:

560.797 (2) (c) The department may not designate as an enterprise development zone, or as any part of an enterprise development zone, an area that is located within the boundaries of an area that is designated as a development zone under s. 560.71, or as a development opportunity zone under s. 560.795, the designation of which is in effect.