560.036(1)(f)3. 3. An American Indian.
560.036(1)(f)4. 4. An Eskimo.
560.036(1)(f)5. 5. An Aleut.
560.036(1)(f)6. 6. A native Hawaiian.
560.036(1)(f)7. 7. An Asian-Indian.
560.036(1)(f)8. 8. A person of Asian-Pacific origin.
560.036(1)(fm) (fm) "Minority investment firm" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
560.036(1)(fm)1. 1. It is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under 8 USC 1101 (a) (20).
560.036(1)(fm)2. 2. It serves as a manager, comanager or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer as defined in s. 551.102 (4).
560.036(1)(g) (g) "Person of Asian-Pacific origin" means a person whose ancestors originated in Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific or the Northern Marianas.
560.036(1)(h) (h) "Useful business function" means the provision of materials, supplies, equipment or services to customers in addition to this state. Acting as a conduit to transfer funds to a nonminority business does not constitute a useful business function, unless doing so is a normal industry practice.
560.036(2) (2)Minority business, adviser and firm certification.
560.036(2)(a)(a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 119.495 (2), 200.57, 231.27 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.
560.036(2)(b) (b) The department shall certify a business incorporated under ch. 180 or having its principal place of business in this state if the department, after conducting an investigation, determines that the business qualifies as a minority business under sub. (1) and any rules promulgated under sub. (3) (c). A determination that a business qualifies as a minority business may not be based on the number of minority group members employed by the business.
560.036(2)(c) (c) The department, without investigation, may certify a business incorporated in this state or having its principal place of business in this state if the business is certified or otherwise classified as a minority business by an agency of this or another state or the federal government, or by a private business with expertise in certifying minority businesses if the private business uses substantially the same procedures as those used by the department in making a determination under par. (b).
560.036(2)(d)1.1. If the business applying for certification is not incorporated under ch. 180 or does not have its principal place of business in this state, the department may certify it if it meets a condition specified under par. (b) or (c) and if either of the following conditions exists:
560.036(2)(d)1.a. a. The state in which the business is incorporated or has its principal place of business has a statutory minority business procurement program and the business qualifies for participation in that program under a procedure substantially equivalent to the procedure used by the department in making a determination under par. (b).
560.036(2)(d)1.b. b. The department determines that, with respect to a specified type of supply, material, equipment or service, there are not enough certified minority business suppliers in this state to enable this state to achieve compliance with ss. 16.75 (3m), 16.855 (10m), 16.87 (2) and 25.185.
560.036(2)(dm) (dm) The department may charge each business applying for certification under par. (d) a fee to cover the department's expenses in making the certification determination.
560.036(2)(e) (e) If a business refuses to provide the department with sufficient information to enable it to conduct an investigation or if the business does not qualify for certification under par. (b), (c) or (d), the department shall deny the application. A business whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.
560.036(2)(f) (f) The department may, at the request of any state agency, or at its own discretion, examine any certified business to verify that it qualifies for certification. The business shall provide the department with any records or information necessary to complete the examination. If the business fails to comply with a reasonable request for records or information, the department shall decertify it.
560.036(2)(g) (g) If the department, after an examination under par. (f), determines that a business does not qualify as a minority business, the department shall notify the business and the departments of administration and transportation that it intends to decertify the business. The business may, within 30 days after the notice is sent, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business. A decertified business may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business qualifies as a minority business, the department shall immediately certify the business.
560.036(3) (3)Department rule making.
560.036(3)(a)(a) The department shall promulgate rules establishing procedures to implement sub. (2).
560.036(3)(b) (b) The department may promulgate rules further defining sub. (1) (f) 1. to 8.
560.036(3)(c) (c) The department may promulgate rules establishing conditions with which a business, financial adviser or investment firm must comply to qualify for certification, in addition to the qualifications specified under sub. (1) (e), (ep) and (fm), respectively.
560.036 Cross-reference Cross Reference: See also s. Comm 105.01, Wis. adm. code.
560.037 560.037 Women's business initiative corporation grants.
560.037(1)(1) Subject to sub. (3), the department may make grants from the appropriation under s. 20.143 (1) (fg) to the women's business initiative corporation to fund its operating costs if all of the following apply:
560.037(1)(a) (a) The women's business initiative corporation submits a plan to the department for each grant detailing the proposed use of the grant and the secretary approves the plan.
560.037(1)(b) (b) The women's business initiative corporation enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.
560.037(1)(c) (c) The women's business initiative corporation agrees in writing to provide services to individuals throughout the state.
560.037(1)(d) (d) The women's business initiative corporation agrees in writing to submit to the department the report required under sub. (2) by the time required under sub. (2).
560.037(2) (2) If the women's business initiative corporation receives a grant under this section, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.
560.037(3) (3) The department may not make grants under sub. (1) that exceed $125,000 in total in any year.
560.037 History History: 1993 a. 16; 1997 a. 27.
560.04 560.04 Community development.
560.04(1) (1)Purpose. The legislature determines that a pattern of state-local relations shall be established that will facilitate closer coordination and cooperation between state and local governments. The department shall recommend methods for achieving such closer coordination and cooperation in order to meet citizen needs, provide a balanced economy and facilitate economic and community development.
560.04(2) (2)Duties. The department shall:
560.04(2)(a) (a) Review proposed changes in local government boundaries and evaluate and recommend to communities involved those changes which are in the best interest of the state and the communities involved.
560.04(2)(b) (b) Cooperate with and provide technical assistance to county, town, village, city and regional planning commissions and their governing bodies, community development groups, and similar agencies created for the purposes of aiding and encouraging orderly, productive and coordinated economic and community development in the state and assuring a productive and coordinated state-local relationship.
560.04(2)(c) (c) Encourage and, when requested, assist the efforts of local governments to develop mutual and cooperative solutions to their common problems.
560.04(2)(e) (e) Consult with and encourage participation by private groups, individuals, and organizations in carrying out the purposes of the department.
560.04(2)(g) (g) Establish and operate a community development and local government clearinghouse to facilitate the exchange of information between other state and federal agencies and units of local government.
560.04(2)(h) (h) Identify for the governor's attention those significant state-local relations problems, including economic development, which may be relieved by state action.
560.04(2)(j) (j) Administer grant programs related to economic or community development, including economic development assistance programs and urban development comprehensive planning grants affecting local government, business or industry, to assist and strengthen local, regional and state economic and community development and support experimental and cooperative activities and intergovernmental relations, training of local government officials and personnel, and other activities consistent with the purposes of this chapter.
560.04(2m) (2m)Duties. The department may assign one or more full-time equivalent positions to the functions of coordinating the development and scheduling of training programs for local government officials by the University of Wisconsin-Extension, technical college system, department of revenue, government accountability board, and other state agencies in order to assure the effective delivery of training programs and to prevent duplication of effort and of coordinating requests for management or personnel consultative services from government units other than the state and directing those requests to the appropriate division of the department of administration.
560.04 Cross-reference Cross Reference: See also ch. Comm 108, Wis. adm. code.
560.045 560.045 Community development block grant administration.
560.045(1)(1) To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under housing programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.13 (1) (a).
560.045(2) (2) The department shall expand the blight elimination and brownfield redevelopment program under subch. V of ch. Comm 108, Wis. Adm. Code, to fund redevelopment planning and projects that will result in end uses with taxable value.
560.045 History History: 1991 a. 39; 1997 a. 27; 1999 a. 9; 2003 a. 33; 2007 a. 20.
560.045 Cross-reference Cross Reference: See also ch. Comm 108, Wis. adm. code.
560.05 560.05 Additional powers to provide facilities.
560.05(1) (1) As used in this section unless the context requires otherwise:
560.05(1)(a) (a) The term "corporation" in relation to any conveyance, lease or sublease made under sub. (2) means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
560.05(1)(b) (b) "Existing building" in relation to any conveyance, lease or sublease made under sub. (2) means all administrative buildings, all storage facilities and garages, all buildings used for exhibition or promotional events for agricultural, industrial, educational, recreational or athletic purposes and such other buildings, structures, facilities and permanent improvements as in the judgment of the department are needed or useful and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
560.05(1)(c) (c) "New building" in relation to any conveyance, lease or sublease made under sub. (2) means all administrative buildings, all storage facilities and garages, all buildings used for exhibition or promotional events for agricultural, industrial, educational, recreational or athletic purposes and such other buildings, structures, facilities and permanent improvements as in the judgment of the department are needed or useful and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.
560.05(2) (2) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a corporation for the purpose of providing new buildings or additions or improvements thereto which are located on land owned by or owned by the state and held for the department or by a corporation or for any one or more of said purposes but for no other purpose unless authorized by law, the department has the following powers and duties:
560.05(2)(a) (a) Without limitation by reason of any other provisions of the statutes, the power to sell and to convey title in fee simple to a corporation any land and any existing buildings thereon owned by or owned by the state and held for the department for such consideration and upon such terms and conditions as in the judgment of the department are in the public interest.
560.05(2)(b) (b) The power to lease to a corporation for terms not exceeding 50 years each any land and any existing buildings thereon owned by or owned by the state and held for the department upon such terms and conditions as in the judgment of the department are in the public interest.
560.05(2)(c) (c) The power to lease or sublease from a corporation and to make available for public use any such land and existing buildings conveyed or leased to such corporation under pars. (a) and (b) and any new buildings erected on such land or on any other land owned by such corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the department are in the public interest.
560.05(2)(d) (d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
560.05(2)(e) (e) The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under par. (c).
560.05(2)(f) (f) The power to covenant and agree in any lease or sublease of such new buildings made under par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net rentals sufficient to pay the rentals due and to become due under such lease or sublease.
560.05(2)(g) (g) The power to covenant and agree in any lease or sublease made under par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net rentals sufficient to pay the rentals due and to become due under such lease or sublease.
560.05(2)(h) (h) The power and duty, upon receipt of notice of any assignment by a corporation of any lease or sublease made under par. (c), or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such corporation.
560.05(3) (3) The state shall be liable for accrued rentals and for any other default under any lease or sublease made under sub. (2) (c) and may be sued therefor on contract as in other contract actions under ch. 775, except that it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
560.05(4) (4) Nothing in this section empowers the department to incur any state debt.
560.05(5) (5) All conveyances, leases and subleases made pursuant to this section shall be made, executed and delivered in the name of the department and shall be signed by the secretary.
560.05(6) (6) All laws conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.
560.05(7) (7) The department may not convey or lease under sub. (2) (a) or (b) on or after September 1, 1980.
560.05 History History: 1979 c. 32 s. 92 (5); 1979 c. 361 ss. 58, 103; Stats. 1979 s. 560.05; 1983 a. 189; 1997 a. 79.
560.06 560.06 Memorandum of understanding on use of allocated moneys for providing assistance to a nonprofit organization.
560.06(1)(1) The department may provide assistance to a nonprofit organization that provides assistance to organizations and individuals in urban areas. No later than December 30, 1997, the department of commerce shall enter into a memorandum of understanding with the department of administration that specifies how the department of commerce may use the moneys allocated under s. 20.143 (1) (c) for providing assistance under this subsection.
560.06(2) (2) In each fiscal year, the department shall provide $100,000 from the appropriations under s. 20.143 (1) (c) and (ie) in assistance to the nonprofit organization specified in sub. (1) that provides assistance to organizations and individuals in urban areas. Notwithstanding sub. (1), the department shall use the moneys authorized under this subsection in accordance with the memorandum of understanding under sub. (1) and shall ensure that the nonprofit organization provides assistance to organizations and individuals in an area that includes the city of Beloit.
560.06 History History: 1997 a. 27; 1999 a. 9; 2001 a. 16.
560.07 560.07 Promotion. The department shall provide coordinating services to aid state and local groups in the promotion of economic enterprises and shall conduct such publicity and promotional activities as are desirable to stimulate all facets of the economy and to this end it shall specifically:
560.07(1) (1) Collect and disseminate information regarding the advantages of developing business and industrial enterprises in this state.
560.07(2) (2) Stimulate and foster the development of the private industry of this state.
560.07(2m) (2m) In cooperation with the University of Wisconsin Small Business Development Center, the University of Wisconsin Center for Cooperatives, the technical college system board and the University of Wisconsin-Extension, collect and disseminate information regarding employee-owned businesses and promote the appropriate establishment of employee-owned businesses.
560.07(3) (3) For the purpose of attracting persons interested in locating new enterprises in this state:
560.07(3)(a) (a) Serve as the state's official liaison agency between persons interested in locating new economic enterprises in Wisconsin, and state and local groups seeking new enterprises. In this respect the department shall aid communities in organizing for and obtaining new business or expanding existing business and shall respond to requests that reflect interest in locating economic enterprises in the state. When the secretary considers appropriate, the department shall refer requests for economic development assistance to Forward Wisconsin, Inc., and shall attempt to prevent duplication of efforts between the department and Forward Wisconsin, Inc.
560.07(3)(c) (c) Whenever appropriate, submit to the secretary of administration a report setting forth the amount of private contributions received by Forward Wisconsin, Inc., since the time the department last submitted such a report.
560.07(4) (4) Collect and disseminate information regarding the ports of the state and promote the advantages of developing new business for the ports of the state.
560.07(5) (5) Study, promote and implement means of expanding foreign and domestic markets for products of this state.
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This is an archival version of the Wis. Stats. database for 2007. See Are the Statutes on this Website Official?