If a grant recipient makes false or misleading statements to obtain a grant or benefit, the agency may collect civil forfeitures and assessments that are well in excess of the fraudulently-obtained grant or benefit payments.

Minnesota:

Minnesota requires recipients of state economic development grants to enter into grant contracts. Recipients may be required to report on the use of funds, and may be required to repay grant funds if they fail to comply with contract terms. Minnesota, like Wisconsin, requires more detailed reports from persons receiving large grants.

Michigan:

Michigan requires certain persons receiving economic development grants (including tax credits for job promotion) to enter into grant contracts, submit verified statements, and report on fund use and benefits. Funding can be reduced or terminated, and recipients can be required to repay funds, for certain reasons.

Illinoi:s

Illinois requires recipients of state economic development grants to enter into grant contracts. Recipients may be required to report on the use of funds, and may be required to repay grant funds if they fail to comply with contract terms. Minnesota, like Illinois, requires more detailed reports from persons receiving large grants.

Iowa:

Iowa requires recipients of state economic development grants to enter into grant contracts. Recipients may be required to report on the use of funds, and may be required to repay grant funds if they fail to comply with contract terms.

This rule does not rely on any special data or analytical methodologies. Rule standards and requirements are largely dictated by state law, but also implement practices developed by DATCP under its existing grant and loan programs. These practices are similar to practices used by the federal government, other states and the private sector.

This rule implements s. 93.07 (18) (b) 6. and 7., Stats., created by 2007 Wisconsin Act 125, which require new accountability measures related to state economic development grants and loans. In accordance with the provisions of s. 93.07 (18) (b) 6. and 7., Stats., this rule requires the following accountability provisions in each contract for a DATCP economic development grant or loan (other agencies that make economic development grants and loans must adopt similar rules):

For a grant or loan of $100,000 or more, a provision requiring the grant or loan recipient to give DATCP a verified statement signed by a certified public accountant (CPA) and a director or principal officer of the grant or loan recipient.

Provisions allowing DATCP to withhold payments, to recover funds from, or impose financial penalties on grant or loan recipients who submit false information to DATCP or fail to honor the terms of the grant or loan contract.

DATCP currently requires each recipient of an economic development grant or loan to enter into a contract that contains provisions similar to those that s. 93.07 (18) (b) 6. and 7., Stats., requires DATCP to adopt by rule. DATCP will make the necessary modifications to the contract language it currently uses to incorporate the required procedures into each grant and loan contract. DATCP legal, financial and program staff currently conduct procedures to withhold payments to, recover funds from, or impose financial penalties on grant and loan recipients as required by the rule. There will be no additional costs created by these administrative activities.

Questions and comments related to this rule may be directed to:

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.27 (3) (b) and 227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on permanent and emergency rules to revise Chapter NR 40, Wis. Adm. Code, related to white-nose syndrome management. The hearings will be held concurrently with hearings to list the fungus, Geomyces destructans, as a prohibited invasive species in s. NR 40.04 (2), Wis. Adm. Code, and hearings to list four cave bat species as threatened in s NR 27.03 (3), Wis. Adm. Code.

The hearings will begin at 11:00 am at the locations listed below. Following a brief informational presentation, public comments and statements will be accepted.

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Rori Paloski at (608) 264-6040 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Stacy Rowe, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 or by email to Stacy.Rowe@wisconsin.gov. Comments must be submitted by 4:00 p.m. on November 29, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Rowe.

Chapter NR 40, Wis. Adm. Code, establishes a classification system for invasive species and regulates those in the prohibited and restricted categories. It also establishes preventive measures that when followed, will help minimize the spread of invasive species into or within Wisconsin. In a previous emergency rule, the department listed Geomyces destructans as a prohibited invasive fungus species. Geomyces destructans has been identified as the fungus that causes white nose syndrome (WNS) in cave bats. Because the department has little if any control over the natural movements of bats, the main focus in WNS management is on limiting the anthropogenic spread of G. destructans.

This Order adds provisions to ss. NR 40.04 and 40.07 relating to early detection and prevention of the spread of WNS due to anthropogenic activities, as follows:

1. For purposes of early detection, with permission or pursuant to an inspection warrant, department staff may access caves and mines in order to monitor, survey, and inspect for the presence of Geomyces destructans.

2. Equipment, gear, clothing and other objects may not be brought or placed into or near a cave or mine if they have been in or near a cave or mine located outside of Wisconsin.

3. Equipment, gear, clothing and other objects that have been in or near a cave or mine in the state must be decontaminated following department-approved WNS decontamination protocols before they can be brought into another state cave or mine.

4. All equipment, gear, clothing and other objects that have been in or near a cave or mine in Wisconsin must be decontaminated immediately upon exit.

5. All equipment, gear, clothing and other objects that will be or have come in contact with bats (including, but not limited to nets, traps, weighing tubes, bat bags, wing punches, rulers, clothing, gloves, electronic equipment and exclusion materials) and all individuals handling bats must be decontaminated prior to and immediately after contact.

6. With permission or pursuant to an inspection warrant, the department may install and properly maintain, at no cost to the owner, physical barriers to limit access to any cave or mine by either individuals or bats.

The Order also adds key definitions and sets out authority for the department to grant written exemptions from the new decontamination requirements if it would not allow WNS to be transported to other locations.

Related statutes or rules include but are not limited to the following provisions which, to varying degrees, may apply to the identification, classification, control or other regulation of species that are invasive, or to conduct that may result in the introduction or spread of invasive species:

Statutory section   Title [or subject]

15.347 (18)   Invasive species council.

23.093   Carp control research.

23.235   Nuisance weeds.

23.24   Aquatic plants.

26.20 (4)   [Railroad right-of-way annual weed       removal]

26.30   Forest insects and diseases; department       jurisdiction; procedure.

27.019 (7) (c)   [County rural planning – highways - only   native plantings allowed]

27.05 (5) and (7)   [County authority to manage plants       and control weeds in county waters, parks   and county lands]

29.011   Title to wild animals.

29.047   Interstate transportation of game.

29.053   Specific open and closed seasons.

29.055   Wild animals; possession in closed season   or in excess of bag limit.

29.057   Wild animals; possession in open season.

29.089   Hunting on land in state parks and state fish   hatcheries.

29.091   Hunting or trapping in wildlife refuge.

29.192   Regulation of takings of certain wild       animals.

29.301   General restrictions on hunting.