265,43L Section 43L. 560.602 (intro.) of the statutes is amended to read:
560.602 Policies and standards for awarding grants and loans. (intro.) The department, with the approval of the board, shall promulgate rules to establish policies and standards for awarding grants and loans under this subchapter. The rules shall include all of the following:
265,43n Section 43n. 560.605 (1) (intro.) of the statutes is amended to read:
560.605 (1) (intro.) Upon receipt of an application by an eligible recipient, the board department may consider any of the following in determining whether to award a grant or loan under s. 560.61:
265,43o Section 43o. 560.605 (2m) (intro.) of the statutes is amended to read:
560.605 (2m) (intro.) When considering whether a project will be located in a targeted area, the board department may consider any of the following:
265,43p Section 43p. 560.605 (2m) (h) of the statutes is amended to read:
560.605 (2m) (h) Any other factor the board department considers to be an appropriate indicator of a targeted area.
265,43q Section 43q. 560.605 (7) (intro.) of the statutes is amended to read:
560.605 (7) (intro.) The board department 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:
265,43r Section 43r. 560.605 (7) (f) of the statutes is amended to read:
560.605 (7) (f) As determined by the board department, the area is affected by another factor that indicates the area is a distressed area.
265,43s Section 43s. 560.61 of the statutes is amended to read:
560.61 Wisconsin development fund. At the request of the board, the The department may make a grant or loan to an eligible recipient from the appropriations under s. 20.143 (1) (c) and (ie).
265,43t Section 43t. 560.68 (2) of the statutes is amended to read:
560.68 (2) The department, in cooperation with the board, shall actively 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 assisting small businesses in preparing grant and loan applications.
265,43u Section 43u. 560.68 (4) of the statutes is amended to read:
560.68 (4) The board department 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.
265,43v Section 43v. 560.68 (5) (intro.) of the statutes is amended to read:
560.68 (5) (intro.) The department, with the approval of the board, shall develop procedures related to grants and loans under s. 560.61 for all of the following:
265,43w Section 43w. 560.68 (5m) of the statutes is amended to read:
560.68 (5m) The department, with the approval of the board, shall establish and implement procedures for monitoring the use of grants and loans awarded under this subchapter, including procedures for verification of economic growth, job creation and the number and percentage of newly created jobs for which state residents are hired.
265,43x Section 43x. 560.68 (6) of the statutes is amended to read:
560.68 (6) The board department 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% of the amount of the grant or loan.
265,43y Section 43y. 560.68 (7) (intro.) of the statutes is amended to read:
560.68 (7) (intro.) 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:
265,43z Section 43z. 560.685 of the statutes is repealed.
265,44 Section 44. 560.703 (1) (a) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:
560.703 (1) (a) Except as provided in par. (b), and subject to a reallocation by the department pursuant to rules promulgated under s. 560.205 (3) (d), the total tax benefits available to be allocated by the department under ss. 560.701 to 560.706 may not exceed the sum of the tax benefits remaining to be allocated under ss. 560.71 to 560.785, 560.797, 560.798, 560.7995, and 560.96 on March 6, 2009.
265,45 Section 45 . Nonstatutory provisions.
(1) Rural outsourcing grants.
(a) From the appropriations under section 20.143 (1) (cp), (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce may award grants during the 2009-11 fiscal biennium to businesses for outsourcing work to rural municipalities, as defined under section 560.17 (1) (d) of the statutes. The department may award a grant from the appropriation under section 20.143 (1) (cp) of the statutes, as created by this act, only to the extent the unencumbered balances of the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, are insufficient to award the grant. The department shall require grantees to obtain funding from sources other than the state in an amount at least equal to the amount of the grant. In determining whether a grantee has obtained sufficient funding from sources other than the state, the department shall credit the grantee's capital expenditures, family supporting wages, rent or other facility costs, electricity costs, equipment leases, and software expenditures. The total amount of grants awarded under this subsection may not exceed $500,000.
(b) Not more than 45 days after the effective date of this paragraph, the department of commerce shall promulgate, as emergency rules under section 227.24 of the statutes, rules necessary to administer this subsection. 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 public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(c) Notwithstanding paragraph (a) if, by the first day of the 12th month beginning after the effective date of the rules promulgated under paragraph (b), the department of commerce has not received applications for grants under this subsection totaling $500,000, the department may spend an amount equal to the difference between the unencumbered balance of the appropriation account under section 20.143 (1) (cp) of the statutes, as created by this act, and the total amount of grants under this subsection for which it has received applications or $250,000, whichever is less, from the appropriation under section 20.143 (1) (cp) of the statutes, as created by this act, for any purpose specified under section 20.143 (1) (c) of the statutes, as affected by this act.
(2) High-technology business development corporation grant. In fiscal year 2010-11, the department of commerce shall award to the high-technology business development corporation under section 560.27 of the statutes a grant of $100,000 from the appropriation account under section 20.143 (1) (d) of the statutes, for procuring an economic modeling database for the use of regional economic development entities.
(3) Manufacturing facility conversion grants. In fiscal year 2010-11, the department of commerce shall award grants from the appropriation account under section 20.143 (1) (c) of the statutes to provide incentives to companies for converting existing manufacturing facilities to the production of renewable energy or the manufacturing of equipment used in the production of renewable energy. The total amount of grants awarded under this subsection may not exceed $2,000,000. The department of commerce may promulgate rules necessary to implement this subsection as emergency rules under section 227.24 of the statutes. 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 public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(4) Grant to Pleasant Prairie Technology Incubator Center. Notwithstanding 2009 Wisconsin Act 28, section 9110 (17q), the department of commerce shall award the grant required under 2009 Wisconsin Act 28, section 9110 (17q), no later than than 30 days after the effective date of this subsection.
(5) Targeted microloans; rules. The department of commerce may promulgate emergency rules under section 227.24 of the statutes for the establishment and administration of section 560.203 of the statutes, as created by this act, for the period before the effective date of any permanent rules promulgated under section 560.203 of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), 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.
(6) Reconciliation; loans to manufacturing businesses. If 2009 Wisconsin Act ... (Assembly Bill 904) is not enacted and if 2009 Wisconsin Act ... (Senate Bill 651) is not enacted, Sections 46 (1) (d) and 48m (3) of this act are void.
265,46 Section 46. Fiscal changes.
(1) Wisconsin development fund.
(a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $500,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purposes for which the appropriation is made. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $500,000 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to increase funding for the purposes for which the appropriation is made.
(b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for loans under section 560.203 of the statutes, as created by this act.
(c) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $2,000,000 for the second fiscal year of the fiscal biennium in which this paragraph takes effect to provide funding for grants under Section 45 (3) of this act.
(d) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2010, the dollar amount is increased by an amount equal to the difference between $2,000,000 and the total amount of grants awarded under Section 45 (3) of this act as of June 30, 2011, to provide funding for loans to manufacturing businesses for implementing energy efficiency measures in their facilities, for retooling to manufacture products that support the green economy, for expanding or establishing domestic clean energy manufacturing, or for creating jobs or retaining workers engaged in the preceding activities.
(2) High-technology business development corporation grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (d) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $200,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for the grant under section 560.27 (1) (c) of the statutes, as created by this act, and for the grant under Section 45 (2) of this act.
(4) Training program grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the technical college system board under section 20.292 (1) (eh) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $1,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purpose for which the appropriation is made.
(5) Office of regulatory assistance position. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $75,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase the authorized FTE positions in the department by 1.0 GPR position for the purpose of performing the responsibilities assigned to the office of regulatory assistance under this act.
(6) Small business ombudsman and office of regulatory assistance funding. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $75,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide supplemental funding so that a previously-authorized 1.0 FTE GPR small business ombudsman position is funded for a full year for the purpose of performing the responsibilities assigned to the office of regulatory assistance under this act.
(7) Required general fund balance. Section 20.003 (4) of the statutes does not apply to the action of the legislature in enacting this act.
265,47 Section 47. Initial applicability.
(1) Postsecondary education tax credits. The treatment of sections 71.05 (6) (a) 15., 71.07 (5r), 71.10 (4) (cd), 71.21 (4), 71.26 (2) (a) 4., 71.28 (5r), 71.30 (3) (cd), 71.34 (1k) (g), 71.45 (2) (a) 10., 71.47 (5r), 71.49 (1) (cd), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this act first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.
265,48m Section 48m. 0Effective dates. This act takes effect on the day after publication, except as follows:
(1) Emerging technology center. The repeal of sections 20.285 (1) (eg) and 36.25 (54) of the statutes takes effect on June 30, 2011.
(2m) Rural outsourcing grants. The repeal of section 20.143 (1) (cp) of the statutes takes effect on June 30, 2011.
(3) Loans to manufacturing businesses. Section 46 (1) (d) of this act takes effect on the 2nd day after publication of 2011-13 biennial budget act.
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