560.301 Rules, policies, and standards for awarding grants and making loans. The department, in consultation with the board, shall promulgate 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:

(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).

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

(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) Average annual wage.

(f) Real property values.

(g) Other significant or irregular indicators of economic distress, such as a natural disaster.

(3) Provisions for the development of a biennial plan for awarding grants and making loans under this subchapter, before the commencement of each odd-numbered fiscal year, and for the submission of the biennial plan to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

(4) Procedures related to grants and loans under s. 560.304 for all of the following:

(a) Submitting applications for grants and loans.

(b) Evaluating applications.

(c) Monitoring project performance.

(d) Auditing the grants and loans.

(5) Conditions applicable to a grant awarded or loan made under s. 560.304.

(6) Procedures for monitoring the use of grants awarded and loans made 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.

560.302 Grant and loan criteria. Upon receipt of an application by an eligible recipient, the department may consider any of the following in determining whether to award a grant or make a loan under s. 560.304:

(1) Whether the eligible activity proposed to be conducted by the eligible recipient serves a public purpose.

(2) Whether the eligible activity proposed to be conducted by the eligible recipient will retain or increase employment in this state.

(3) Whether the eligible activity proposed to be conducted by the eligible recipient is likely to occur without the grant or loan.

(4) Whether and the extent to which the eligible activity proposed to be conducted by the eligible recipient will contribute to the economic growth of this state and the well-being of residents of this state.

(5) Whether the eligible activity proposed to be conducted by the eligible recipient will be located in an economically distressed area.

(6) The economic condition of the community in which the eligible activity proposed to be conducted by the eligible recipient is proposed to occur.

(7) The potential of the eligible activity proposed to be conducted by the eligible recipient to promote the employment of minority group members.

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

560.303 Miscellaneous and administrative expenditures. In each biennium, the department may expend or encumber up to a total of 1 percent of the moneys appropriated under s. 20.143 (1) (fi) for that biennium for any of the following:

(1) Evaluations of proposed technical research projects.

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

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.

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.

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

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.

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

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).

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).

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).

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.

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.

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).

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.

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.

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.

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.

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.

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).

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

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

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

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.