2009 Wisconsin Act 11

a. Unemployment rate.

b. Percentage of families with incomes below the poverty line established under 42 USC 9902 (2).

c. Median family income.

d. Median per capita income.

e. Other significant or irregular indicators of economic distress, such as a natural disaster or mass layoff.

2. The definition of an original equipment manufacturer with a significant supply chain in the state.

11,71 Section 71. 632.746 (3) (b) of the statutes is amended to read:

632.746 (3) (b) With respect to enrollment of an individual under a group health plan or a group health benefit plan, a period of creditable coverage after which the individual was not covered under any creditable coverage for a period of at least 63 days before enrollment in the group health plan or group health benefit plan may not be counted. For purposes of this paragraph, the period specified in 2009 Wisconsin Act .... (this act), section 9126 (2) (i ), or any waiting period or affiliation period for coverage under the group health plan or group health benefit plan shall not be taken into account in determining the period before enrollment in the group health plan or group health benefit plan.

11,9110 Section 9110. Nonstatutory provisions; Commerce.

(1) Enterprise zone jobs credit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.799 (6) (g) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(2) Enterprise zone jobs credit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.799 (6) (g) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.

11,9126 Section 9126. Nonstatutory provisions; Insurance.

(1) Definitions. In this section, unless the context requires otherwise:

(a) "Covered employee" means a person who was previously covered under an employer's group policy.

(b) "Federal act" means the American Recovery and Reinvestment Act of 2009, P.L. 111-5.

(c) "Group policy" has the meaning given in section 632.897 (1) (c) 1., 2., and 3. of the statutes.

(d) "Insurer" includes an insurer that issues a group policy that replaces or succeeds a group policy in effect on the date that a terminated insured is first entitled to elect continuation of coverage.

(e) "State eligible individual" means a covered employee, or the spouse or dependent of a covered employee, to whom all of the following apply:

1. The covered employee's employment is involuntarily terminated during the period that begins on September 1, 2008, and ends on December 31, 2009, and that involuntary termination is the qualifying event for continuation of coverage for the covered employee or the spouse or dependent of the covered employee.

2. The covered employee or spouse or dependent of the covered employee is not eligible for continuation of coverage under a federal continuation provision, as defined in section 632.745 (8) of the statutes, and becomes eligible for continuation of coverage under section 632.897 of the statutes during any of the following:

a. The period that begins on September 1, 2008, and ends before the effective date of this subdivision 2 . a.

b. The period that begins on the effective date of this subdivision 2. b. and ends before January 1, 2010.

(f) "Terminated insured" has the meaning given in section 632.897 (1) (f) of the statutes.

(2) Additional continuation coverage election opportunity for state eligible individuals eligible prior to the effective date of this subsection.

(a) Notwithstanding section 632.897 (2) (d) and (3) (a) of the statutes, an insurer shall permit a terminated insured, on behalf of a state eligible individual who became eligible during the period described under subsection (1) (e) 2 . a. and who does not have continuation coverage on the effective date of this paragraph, to elect continuation of coverage during a 60-day period beginning on the date of the notice required to be provided under paragraph (b) or (c).

(b) An employer of a terminated insured who may elect continuation of coverage for a state eligible individual described in paragraph (a) shall provide notice to the terminated insured that he or she has the right to elect continuation of coverage for the state eligible individual, regardless of whether the employer has already provided notice to the individual under section 632.897 (2) (d) of the statutes, subject to paragraph (g ) 1. The notice under this paragraph must satisfy all of the following requirements:

1. The notice must be provided no later than 10 days after the effective date of this subdivision.

2. The notice must include information substantially in the form and be provided in the manner required for the notice required under section 3001 (a) (7) of the federal act.

3. The notice form must be modified appropriately to reflect that the right to elect continuation of coverage is governed by this subsection.

4. The notice must include a description of the individual's right to, and the effect of, electing continuation of coverage under this subsection and under section 632.897 of the statutes.

(c) If an employer that is required to provide the notice under paragraph (b) fails to provide the notice required under paragraph (b), the insurer that would be responsible for providing continuation of coverage to the state eligible individual if the terminated insured were to elect continuation of coverage on behalf of the state eligible individual shall provide the notice specified in paragraph (b).

(d) The notice under paragraph (b) or (c) is not effective, and the 60-day period for electing continuation of coverage does not commence, unless the notice under paragraph (b) or (c) is provided and contains the information required under paragraph (b ).

(e) For a state eligible individual who became eligible for continuation of coverage under section 632.897 of the statutes before February 17, 2009, and who did not have continuation of coverage on February 17, 2009, continuation of coverage that is elected under this subsection shall be effective as of the date of the first coverage period after February 17, 2009, and is not required to extend beyond the period of coverage that would have been required under section 632.897 of the statutes had the individual elected continuation of coverage when originally eligible instead of under this subsection.

(f) For a state eligible individual who became eligible for continuation of coverage under section 632.897 of the statutes on or after February 17, 2009, but before the effective date of this paragraph, continuation of coverage that is elected under this subsection shall commence on the date the state eligible individual was originally eligible and coverage is not required to extend beyond the period of coverage that would have been required under section 632.897 of the statutes had the individual elected continuation of coverage when originally eligible instead of under this subsection.

(g) 1. Paragraphs (a) and (b) do not apply to a state eligible individual if the employer or insurer provided a notice under section 632.897 (2) (d) of the statutes that included the information required under paragraph (b ).

2. If an employer or insurer provided notice that complies with paragraph (b) before the effective date of this subdivision, the notice is effective for the purpose of this section and the 60-day period under paragraph (a ) begins on the date the notice was provided.

(h) An individual who elects continuation of coverage under this subsection shall have elected continuation of coverage for the purpose of section 149.10 (2t) (e) of the statutes, as affected by this act.

(i) For an individual who elects continuation of coverage under this subsection, the period, if any, from the date of the termination of the individual's coverage as a result of the qualifying event under section 632.897 (2) (b) of the statutes to the commencement of continuation of coverage under this subsection shall be disregarded for the purpose of determining the 63-day period under section 632.746 (3) (b) of the statutes, as affected by this act.

(3) Notice for state eligible individuals eligible beginning on the effective date of this subsection. An employer of a terminated insured who may elect continuation of coverage for a state eligible individual who becomes eligible for continuation of coverage under section 632.897 of the statutes during the period under subsection (1) (e) 2 . b. shall provide notice under section 632.897 (2) (d) of the statutes, except that the notice must include information substantially in the form and be provided in the manner required for the notice under section 3001 (a) (7) of the federal act.

(4) Continuation coverage rules.

(a) Notwithstanding section 632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.

(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

11,9137 Section 9137. Nonstatutory provisions; Natural Resources.

(1) American Recovery and Reinvestment Act funding for clean water fund projects.

(a) If this state receives moneys under P.L. 111-5 as a capitalization grant for clean water state revolving loan funds under the federal Water Pollution Control Act, the department of natural resources and the department of administration may, as provided in this subsection, allocate the funds, before July 1, 2011, for financial assistance to municipalities under section 281.58 of the statutes for projects eligible to receive financial assistance under that section.

(b) Notwithstanding sections 281.58 (9m) (c) and 281.59 (3e) (a) of the statutes, applications may be approved and funds may be allocated and expended for projects under this subsection before the 2009-11 biennial budget act is enacted. The amount of present value of the subsidy for financial assistance provided under this subsection equals $105,948,300. This is in addition to any amounts specified under section 281.59 (3e) (b) of the statutes. The department of natural resources may establish a percentage limit on the amount of financial assistance available under this subsection that may be received by any eligible applicant.

(c) The department of natural resources and the department of administration may provide financial assistance under this subsection in the form of grants or loans. Eligibility for grants under this subsection is not limited to municipalities eligible under section 281.58 (13) of the statutes. The department of natural resources may waive the limit under section 281.58 (8) (g) of the statutes in providing financial assistance under this subsection to a municipality eligible for financial assistance under section 281.58 (13) of the statutes. Loans under this subsection may be provided at rates that differ from the rates under section 281.58 (12) of the statutes, including negative interest rates that result in total payments that are less than the principal amounts of the loans. A financial assistance agreement for a loan under this subsection may provide for forgiveness of a portion of the principal amount of the loan.

(d) The department of natural resources may establish a different deadline for submitting notice of intent to apply for financial assistance for the purposes of this subsection than the deadline in section 281.58 (8m) of the statutes. The department may also establish a deadline for submitting applications for financial assistance under this subsection.

(e) In determining which projects to provide financial assistance under this subsection, the department of natural resources may consider any of the following:

1. Readiness of a project to proceed to construction.

2. The unemployment rate in the county in which a project is located.

3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

4. The geographic distribution of projects.

(f) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

(2) American Recovery and Reinvestment Act funding for safe drinking water projects.

(a) If this state receives moneys under P.L. 111-5 as a capitalization grant under the federal Safe Drinking Water Act, the department of natural resources and the department of administration may, as provided in this subsection, obligate the funds before July 1, 2011, for financial assistance to local governmental units under section 281.61 of the statutes for projects eligible to receive financial assistance under that section.

(b) Notwithstanding sections 281.59 (3s) (a) and 281.61 (7) (d) of the statutes, applications may be approved and funds may be allocated and expended for projects under this subsection before the 2009-11 biennial budget act is enacted. The amount of present value of the subsidy for financial assistance provided under this subsection equals $37,750,000. This is in addition to any amounts specified under section 281.59 (3s) (b) of the statutes. The department of natural resources may establish a percentage limit on the amount of financial assistance available under this subsection that may be received by any eligible applicant.

(c) The department of natural resources and the department of administration may provide financial assistance under this subsection in the form of grants or loans, notwithstanding section 281.61 (2r) of the statutes. Loans under this subsection may be provided at rates that differ from the rates under section 281.61 (11) of the statutes, including negative interest rates that result in total payments that are less than the principal amounts of the loans. A financial assistance agreement for a loan under this subsection may provide for forgiveness of a portion of the principal amount of the loan.

(d) The department of natural resources may establish a different deadline for submitting notice of intent to apply for financial assistance for the purposes of this subsection than the deadline in section 281.61 (3) of the statutes. If the department of natural resources has not received sufficient applications by the deadline under section 281.61 (5) of the statutes to use all of the funds described in paragraph (a), it may waive the deadline.

(e) In determining which projects to provide financial assistance under this subsection, the department of natural resources may consider any of the following:

1. Readiness of a project to proceed to construction.

2. The unemployment rate in the county in which a project is located.

3. The extent to which a project promotes water efficiency or energy efficiency; is environmentally innovative; or uses natural systems or engineered systems that mimic natural processes, also called green infrastructure.

4. The geographic distribution of projects.

(f) Notwithstanding section 227.10 (1) of the statutes, the department of natural resources and the department of administration are not required to promulgate rules for the purposes of this subsection.

11,9139 Section 9139.0 Nonstatutory provisions; Public Instruction.

(1f) State aid; June 2009. In the second fiscal year of the fiscal biennium in which this subsection takes effect, there is lapsed to the general fund $291,000,000 from the appropriation account under section 20.255 (2) (ac) of the statutes. Notwithstanding sections 121.07 and 121.08 of the statutes, as affected by this act, the department of public instruction shall use the balance in that appropriation account and $291,000,000 of the amount appropriated in the second fiscal year of the fiscal biennium in which this subsection takes effect under section 20.255 (2) (p) of the statutes, as created by this act, to make payments to school districts in June 2009 under section 121.15 (1) and (1g) of the statutes.

11,9343 Section 9343. Initial applicability; Revenue.

(1) Enterprise zone jobs credit. The treatment of sections 71.07 (3w) (a) 3., 5d., and 5e. and (b) 1. a. and b., 2., 3., and 5., 71.28 (3w) (a) 3., 5d., and 5e. and (b) 1. a. and b., 2., 3., and 5., and 71.47 (3w) (a) 3., 5d., and 5e. and (b) 1. a. and b., 2., 3., and 5. of the statutes, the renumbering and amendment of sections 71.07 (3w) (bm), 71.28 (3w) (bm), and 71.47 (3w) (bm) of the statutes, and the creation of sections 71.07 (3w) (bm) 2., 71.28 (3w) (bm) 2., and 71.47 (3w) (bm) 2. of the statutes first apply to taxable years beginning on January 1, 2009.

11,9356 Section 9356. Initial applicability; Workforce Development.

(1) Terminations of employment. The treatment of sections 108.04 (7) (c), (h), (s) 1. a., b., bn., d., and e. and 2. a., b., and c., and (t), 108.14 (8n) (e) and 108.141 (7) (a) of the statutes first applies with respect to terminations of employment occurring on the effective date of this subsection.

(2) Benefits. The treatment of section 108.06 (1), (2) (c) and (cm), (3), (6) (intro.), and (7) of the statutes first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

11,9400 Section 9400. Effective dates; general.

(1) Except as otherwise provided in Sections 9401 to 9457 of this act, this act takes effect on the day after publication.

11,9408 Section 9408. Effective dates; Children and Families.

(1) Eligibility for community action agency programming. The repeal and recreation of section 49.265 (1) (b) of the statutes takes effect on October 1, 2010.

11,9456 Section 9456. Effective dates; Workforce Development.

(1) Unemployment insurance training benefits. The treatment of section 108.06 (1), (2) (c) and (cm), (3), (6) (intro.), and (7) of the statutes and Section 9356 (2) of this act take effect on the first Sunday following the 90th day after publication.

(2) Unemployment insurance. The treatment of sections 108.04 (7) (c), (h), (s) 1. a., b., bn., d., and e. and 2. a., b., and c., and (t), 108.14 (8n) (e), and 108.141 (1) (a), (b) 2. and 2m., (dm), (e), and (f), (5), and (7) (a) of the statutes and Section 9356 (1 ) of this act take effect on the first Sunday after publication.