Amendment SA1-AB40

AB40-SA1,14,15 238.03 (7) Annually, beginning in fiscal year 2010-11, the department shall award a grant of $100,000 from the appropriation under s. 20.143 (1) (d) to the high-technology business development corporation. The department corporation shall enter into an agreement with the high-technology business development corporation requiring the grant proceeds to be used for employing employ a grant writer to assist businesses to apply for federal small business innovation research grants. The department corporation shall submit annually to the legislature under s. 13.172 (2) a report detailing the number of grant applications assisted by the grant writer, the number of applications assisted by the grant writer that won grants and the total amount of the grants, and the number of any jobs created as a result of the grant writer's activities.

AB40-SA1, s. 3376f Section 3376f. 560.27 (2) of the statutes is repealed.

AB40-SA1, s. 3376g Section 3376g. 560.27 (3) of the statutes is repealed.

AB40-SA1, s. 3376h Section 3376h. 560.27 (4) of the statutes is repealed.

AB40-SA1, s. 3376k Section 3376k. 560.27 (5) of the statutes is repealed.".

AB40-SA1,14,20 41. Page 1319, line 14: delete that line and substitute:

AB40-SA1,14,22 " Section 3378m. 560.276 of the statutes is renumbered 238.235, and 238.235 (1) (a) and (2) (intro.), (a), (b), (c) and (d), as renumbered, are amended to read:

AB40-SA1,15,2 238.235 (1) (a) "Business" has the meaning given in s. 560.60 (2) means a company located in this state, a company which has made a firm commitment to locate a facility in this state or a group of companies at least 80% of which are located in this state.

AB40-SA1,15,10 (2) Grants and loans. (intro.) From the appropriations under s. 20.143 (1) (c), (fi), (ie), (ig), (io), and (kj), the department The corporation may award a grant or loan to a research institution to provide money for research and development activities related to the creation or retention of jobs by a business, or to improving the competitive position of a business by improving the innovativeness of the business. The department corporation may award a grant or loan under this section if the research institution applies for a grant or loan on a form prepared by the department corporation and all of the following are satisfied:

AB40-SA1,15,12 (a) The department corporation determines that the research and development activities are likely to result in an economic benefit to one or more specific businesses.

AB40-SA1,15,14 (b) The department corporation determines that the research and development activities will be conducted substantially in this state.

AB40-SA1,15,16 (c) The department corporation considers the availability of matching funds from the research institution, the business, and other sources.

AB40-SA1,15,19 (d) The department corporation enters into a written agreement with the research institution that specifies the conditions for use of the grant or loan proceeds, including reporting and auditing requirements.".

AB40-SA1,15,20 42. Page 1320, line 15: delete lines 15 to 18 and substitute:

AB40-SA1,15,22 " Section 3391b. 560.41 (1c), (1g), (1n) and (1r) of the statutes are renumbered 238.50 (1), (2), (3) and (4).

AB40-SA1, s. 3391d Section 3391d. 560.41 (1w) of the statutes is repealed.

AB40-SA1, s. 3391f Section 3391f. 560.41 (2) of the statutes is renumbered 238.50 (5).

AB40-SA1, s. 3391h Section 3391h. 560.42 of the statutes is renumbered 238.51 and 238.51 (1m) (intro.) and (a), (2) (a) (intro.), (2m) (intro.), (2r), (3), (4) (a), (b) and (c) and (5), as renumbered, are amended to read:

AB40-SA1,16,5 238.51 (1m) Assistance to businesses. The office corporation shall do all of the following:

AB40-SA1,16,9 (a) Provide assistance with obtaining and maintaining permits and any licenses and approvals necessary for a business to operate in this state. To fulfill the requirements of this paragraph, the office corporation shall do all of the following on behalf of businesses:

AB40-SA1,16,14 (2) (a) (intro.) The office corporation shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:

AB40-SA1,16,17 (2m) Advocacy. (intro.) The office corporation shall provide advocacy services before agencies on behalf of permit applicants. These services shall include all of the following:

AB40-SA1,16,22 (2r) Mediation and dispute resolution services. The office corporation may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between an agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.

AB40-SA1,17,3 (3) Assistance by office corporation. (a) The office corporation may charge for services provided under this subchapter. Any amount charged for services may not exceed the actual cost of the service provided, unless a specific charge for the service, or method of calculating the charge, is provided by law. All amounts received under this paragraph shall be deposited in the appropriation account under s. 20.143 (1) (gc).

AB40-SA1,17,6 (b) The office corporation may refer to the appropriate agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.

AB40-SA1,17,10 (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the office corporation under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.

AB40-SA1,17,12 (d) The office corporation shall not be liable for any consequences resulting from the failure of an agency to issue, or the failure of a person to seek, a permit.

AB40-SA1,17,15 (4) (a) The office corporation shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the office corporation.

AB40-SA1,17,18 (b) The office corporation shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by agencies.

AB40-SA1,17,20 (c) The office corporation shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.

AB40-SA1,17,25 (5) Staffing and report Report. The office shall be staffed by at least 2 full-time employees of the department. The office corporation shall annually submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report on the work of the office corporation under this section.

AB40-SA1, s. 3391j Section 3391j. 560.43 of the statutes is renumbered 238.52 and 238.52 (1) (a), (b), (c) and (g) and (2) (intro.) and (d), as renumbered, are amended to read:

AB40-SA1,18,5 238.52 (1) (a) Designate a staff person to coordinate agency cooperation with office corporation staff, provide information to office corporation staff on the permit process and direct office corporation staff to appropriate staff within the agency.

AB40-SA1,18,8 (b) Cooperate with office corporation staff and respond promptly to requests for assistance in expediting and requests for information on the permit process under s. 560.42 238.51.

AB40-SA1,18,10 (c) Include material provided by the office corporation under s. 560.42 238.51 (4) in any public informational material on permits that it provides.

AB40-SA1,18,12 (g) Provide to the office corporation written notification of a change to a permit, along with a copy of the new or revised permit, before the effective date of the change.

AB40-SA1,18,16 (2) Preapplication meetings. (intro.) Each agency shall provide an opportunity for a preapplication meeting with its staff to any person interested in applying for a permit upon request by the person or the office corporation, and shall comply with the following requirements:

AB40-SA1,18,18 (d) The agency shall invite participation by office corporation staff in preapplication meetings when appropriate.

AB40-SA1, s. 3391i Section 3391i. 560.44 of the statutes is renumbered 238.53 and 238.53 (1) (intro.) and (2), as renumbered, are amended to read:

AB40-SA1,18,23 238.53 (1) Ombudsman. (intro.) The office corporation shall act as an ombudsman for brownfields redevelopment projects. As ombudsman, the office corporation shall do all of the following:

AB40-SA1,19,2 (2) Administration of brownfields programs. The office corporation shall assist in administering the grant program under s. 560.13 238.13 and in administering grants and loans under s. 560.138 that are made for brownfields remediation projects.".

AB40-SA1,19,3 43. Page 1320, line 17: delete lines 7 to 12 and substitute:

AB40-SA1,19,5 " Section 3384m. 560.30 of the statutes is renumbered 238.40 and 238.40 (5), (10) and (11), as renumbered, are amended to read:

AB40-SA1,19,8 238.40 (5) "Economically distressed area" means an area designated by the department using the methodology established by rule under s. 560.301 (2) corporation.

AB40-SA1,19,9 (10) "Minority business" has the meaning given in s. 560.036 16.287 (1) (e).

AB40-SA1,19,11 (11) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

AB40-SA1, s. 3385m Section 3385m. 560.301 of the statutes is renumbered 238.41 and 238.41 (intro.), (1), (2) (intro.), (4) (intro.) and (5), as renumbered, are amended to read:

AB40-SA1,19,18 238.41 Rules, policies, and standards for awarding grants and making loans. (intro.) The department corporation shall promulgate adopt rules that establish procedures, policies, and standards for implementing this subchapter and awarding grants and making loans under this subchapter. The rules shall include all of the following:

AB40-SA1,19,21 (1) A statement of the department's economic development objectives for the program under this subchapter, together with the goals and accountability measures required under s. 560.01 (2) (ae) of the corporation.

AB40-SA1,20,2 (2) (intro.) The methodology for designating an area as economically distressed. The methodology under this subsection shall require the department corporation to consider the most current data available for the area and for the state on the following indicators:

AB40-SA1,20,4 (4) (intro.) Procedures related to grants and loans under s. 560.304 238.44 for all of the following:

AB40-SA1,20,6 (5) Conditions applicable to a grant awarded or loan made under s. 560.304 238.44.

AB40-SA1, s. 3386m Section 3386m. 560.302 of the statutes is renumbered 238.42 and 238.42 (intro.) and (8), as renumbered, are amended to read:

AB40-SA1,20,11 238.42 Grant and loan criteria. (intro.) Upon receipt of an application by an eligible recipient, the department corporation may consider any of the following in determining whether to award a grant or make a loan under s. 560.304 238.44:

AB40-SA1,20,14 (8) Any other criteria established by the department by rule corporation, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority.

AB40-SA1, s. 3387m Section 3387m. 560.303 of the statutes is repealed.

AB40-SA1, s. 3388m Section 3388m. 560.304 of the statutes is renumbered 238.44 and amended to read:

AB40-SA1,20,21 238.44 Forward innovation fund. The department corporation 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.

AB40-SA1, s. 3389m Section 3389m. 560.305 of the statutes is renumbered 238.45 and 238.45 (1) (intro.) and (a), (2), (3) and (4), as renumbered, are amended to read:

AB40-SA1,21,3 238.45 (1) (intro.) The department corporation 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 corporation shall do all of the following:

AB40-SA1,21,6 (a) Publish and disseminate information about projects that may be funded by a grant or loan under s. 560.304 238.44 and about procedures for applying for grants and loans under s. 560.304 238.44.

AB40-SA1,21,11 (2) The department corporation 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).

AB40-SA1,21,17 (3) The department corporation 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.

AB40-SA1,21,20 (4) The department corporation 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.".

AB40-SA1,21,21 44. Page 1321, line 3: delete lines 3 to 8 and substitute:

AB40-SA1,21,23 " Section 3401m. 560.60 of the statutes is renumbered 238.60 and 238.60 (4), as renumbered, is amended to read:

AB40-SA1,22,2 238.60 (4) "Eligible recipient" means a governing body or a person who is eligible to receive a grant or loan under s. 560.61 238.61.

AB40-SA1, s. 3402m Section 3402m. 560.602 of the statutes is renumbered 238.602 and 238.602 (intro.) and (1), as renumbered, are amended to read:

AB40-SA1,22,8 238.602 Policies and standards for awarding grants and loans. (intro.) The department corporation shall promulgate adopt rules to establish policies and standards for awarding grants and loans under this subchapter. The rules shall include all of the following:

AB40-SA1,22,11 (1) A statement of the department's corporation's economic development policy that is consistent and coordinated with economic development policies expressed in the statutes and established by other state agencies.

AB40-SA1, s. 3403m Section 3403m. 560.605 of the statutes is renumbered 238.605 and 238.605 (1) (intro.), (2m) (intro.) and (h) and (7) (intro.) and (f), as renumbered are amended to read:

AB40-SA1,22,17 238.605 (1) (intro.) Upon receipt of an application by an eligible recipient, the department corporation may consider any of the following in determining whether to award a grant or loan under s. 560.61 238.61:

AB40-SA1,22,19 (2m) (intro.) When considering whether a project will be located in a targeted area, the department corporation may consider any of the following:

AB40-SA1,22,21 (h) Any other factor the department corporation considers to be an appropriate indicator of a targeted area.

AB40-SA1,22,25 (7) (intro.) The department corporation 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:

AB40-SA1,23,2 (f) As determined by the department corporation, the area is affected by another factor that indicates the area is a distressed area.

AB40-SA1, s. 3404m Section 3404m. 560.607 of the statutes is repealed.

AB40-SA1, s. 3405m Section 3405m. 560.61 of the statutes is renumbered 238.61 and amended to read:

AB40-SA1,23,8 238.61 Wisconsin development fund. The department corporation may make a grant or loan to an eligible recipient from the appropriations under s. 20.143 (1) (c) and (ie) under this subchapter.

AB40-SA1, s. 3406m Section 3406m. 560.68 of the statutes is renumbered 238.68 and 238.68 (1m), (2), (2m), (3), (4), (5) (intro.), (5m), (6), (7) (intro.) and (a), as renumbered, are amended to read:

AB40-SA1,23,14 238.68 (1m) The department corporation shall establish criteria for the award of grants and loans under s. 560.61 238.61, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority.

AB40-SA1,23,18 (2) The department corporation 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.

AB40-SA1,23,20 (2m) The department corporation shall determine conditions applicable to a grant or loan under s. 560.61 238.61.

AB40-SA1,23,24 (3) The department corporation 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 $100,000. The department shall deposit all origination fees collected under this subsection in the appropriation account under s. 20.143 (1) (gm).

AB40-SA1,24,6 (4) The department corporation 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.

AB40-SA1,24,8 (5) (intro.) The department corporation shall develop procedures related to grants and loans under s. 560.61 238.61 for all of the following:

AB40-SA1,24,12 (5m) The department corporation 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.

AB40-SA1,24,15 (6) The department corporation 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.

AB40-SA1,24,19 (7) (intro.) The department corporation 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 corporation shall do all of the following: