560.031
560.031
Grants for ethanol production facilities. Notwithstanding
ss. 560.138 (2) (a) and
560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility.
560.031 History
History: 2005 a. 25;
2007 a. 20.
560.032
560.032
Allocation of volume cap on tax-exempt bonds. 560.032(1)(1)
Allocation. The department, by rule, shall establish under
26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under
26 USC 141 (a), among all municipalities, as defined in
s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.
560.032(2)
(2) Amendment to allocation. At any time prior to December 31 in any year, the department may promulgate rules to revise the allocation system established for that year under
sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in
26 USC 141 (a).
560.032(3)
(3) Conditions. The department may establish, by rule, any procedure for, and place any condition upon, the granting of an allocation under this section which the department deems to be in the best interest of the state including, but not limited to, a requirement that a cash deposit, at a rate established by the department in the rules, be a condition for an allocation.
560.032(4)
(4) Certification. If the secretary receives notice of the issuance of a bond under an allocation under
subs. (1) to
(3), the secretary shall certify that that bond meets the requirements of
26 USC 146.
560.033
560.033
Reallocation of limitation on recovery zone facility bonds. 560.033(1)(1)
Reallocation. The department, by rule, shall establish under
26 USC 1400U-1 (a) (3) (A) and administer a system for the reallocation of the waived allocation, waived as required under
s. 66.1104 (2), of the limitation on the issuance of recovery zone facility bonds, as defined under
26 USC 1400U-3 (b) (1), among authorities, as defined in
s. 66.1104 (1) (a), and local governmental units, as defined in
s. 66.1104 (1) (b).
560.033(2)
(2) Amendment to reallocation. At any time, the department may promulgate rules to revise the reallocation system established under
sub. (1), except that any revision under this subsection does not apply to any reallocation under which the recipient of that reallocation has adopted a resolution authorizing the issuance of a recovery zone facility bond, as defined in
26 USC 1400U-3 (b) (1).
560.033(3)
(3) Conditions. Subject to
sub. (5), the department may, by rule, establish any procedure for, and place any condition upon, the granting of a reallocation under this section which the department deems to be in the best interest of the state, including, but not limited to, a requirement that a cash deposit, at a rate established by the department in the rules, be a condition for a reallocation.
560.033(4)
(4) Consideration of alternative financing; reallocation. Before making a reallocation under this section, the department shall consider the availability of qualified Midwestern disaster area bonds, as defined under
26 USC 1400N (a), as modified by
P.L. 110-343, title VII, subtitle A, section 702 (d)
(intro.) and (1), as an alternative source of financing for a project for which the issuance of recovery zone facility bonds, as defined in
26 USC 1400U-3 (b) (1), are sought, and shall ensure that sufficient unallocated bonding authority remains to comply with
s. 66.1104 (2) (e).
560.033(5)
(5) Consideration of waiver; reallocation. For a reallocation made under this section after March 1, 2010, but before June 1, 2010, before making the reallocation, the department shall consider the amount of recovery zone bond limitation allocation waived under
s. 66.1104 (2) (a) or
(b) by each city or county then seeking a reallocation under this section. The department shall reallocate from the aggregated waived allocation, as that term is used in
sub. (1), an allocation of the recovery zone bond limitation to a project in a city or county that waived an allocation under
s. 66.1104 (2) (a) or
(b) in an amount up to the total limitation allocation waived by the city or county or equal to the limitation allocation determined by the city or county to be necessary for the project, whichever is less. In the event requests by cities and counties for a reallocation under this section exceed the aggregated waived allocation, the department shall prorate the available waived allocation among cities and counties in proportion to the amount waived by the cities and counties.
560.033(5m)
(5m) Availability of records. With regard to a letter addressed to the department from a prospective purchaser of a recovery zone bond, as described in
s. 66.1104 (2) (a) 2., the name of any business or prospective bond purchaser named in the letter is not subject to the right of inspection or copying under
s. 19.35 (1) before the first day of the 3rd month beginning after the letter is received by the department.
560.033 History
History: 2009 a. 112.
560.033 Cross-reference
Cross-reference: See also ch.
Comm 137, Wis. adm. code.
560.0335
560.0335
Disabled veteran-owned businesses. 560.0335(1)(1)
Definitions. In this section, unless the context requires otherwise:
560.0335(1)(a)
(a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.
560.0335(1)(b)
(b) "Disabled veteran" means a person who is verified by the department of veterans affairs as being all of the following at the time the person applies for certification under
sub. (3):
560.0335(1)(b)3.
3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under
38 USC 1114 or
1134 of at least 30 percent.
560.0335(1)(d)
(d) "Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
560.0335(1)(e)
(e) "Investment firm" means a business that 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).
560.0335(1)(f)
(f) "Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.
560.0335(2)
(2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses certified under this section.
560.0335(3)
(3) Disabled veteran-owned business, financial adviser, and investment firm certification. 560.0335(3)(a)(a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.
560.0335(3)(b)
(b) The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:
560.0335(3)(b)1.
1. One or more disabled veterans owns not less than 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more disabled veterans owns not less than 51 percent of the stock of the business, financial adviser, or investment firm.
560.0335(3)(b)2.
2. One or more disabled veterans or one or more duly authorized representatives of one or more disabled veterans controls the management and daily business operations of the business, financial adviser, or investment firm.
560.0335(3)(b)3.
3. The business, financial adviser, or investment firm has its principal place of business in this state.
560.0335(3)(b)4.
4. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.
560.0335(3)(c)
(c) The department may charge each business, financial adviser, or investment firm applying for certification under this section a fee to cover the department's expenses in making the certification determination.
560.0335(3)(d)
(d) If a business, financial adviser, or investment firm fails to provide the department with sufficient information to enable the department to conduct an investigation or does not qualify for certification under
par. (b), the department shall deny the application. A business, financial adviser, or investment firm 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.
560.0335(3)(e)1.1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.
560.0335(3)(e)2.
2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
560.0335(3)(e)3.
3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
560.0335(3)(f)
(f) The business, financial adviser, or investment firm may, within 30 days after a notice is sent under
par. (e) 2. or
3., appeal in writing to the secretary. If the business, financial adviser, or investment firm does not submit an appeal under this paragraph, the department shall immediately decertify the business, financial adviser, or investment firm. If an appeal is submitted under this paragraph, the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm. A business, financial adviser, or investment firm decertified under this paragraph 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, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the departments of administration and transportation with a copy of the final written decision regarding certification under this paragraph.
560.0335(4)
(4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.
560.0335 Note
NOTE: This section was created as s. 560.033 by
2009 Wis. Act 299 and renumbered to s. 560.0335 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
560.0335 History
History: 2009 a. 299 s.
100; s. 13.92 (1) (bm) 2.
560.034
560.034
Employment impact estimates. 560.034(1)
(1) The department shall prescribe the notice forms to be used under
ss. 66.1103 (4m) (a) 1. and
234.65 (3) (a). The department shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The department shall prescribe the forms to be used under
ss. 66.1103 (4m) (b) and
234.65 (3r).
560.034(2)
(2) If the department receives a notice under
s. 66.1103 (4m) (a), the department shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
560.034(3)
(3) If the department receives a notice under
s. 234.65 (3) (a), the department shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
560.034(5)
(5) The department shall issue an estimate made:
560.034(5)(a)
(a) Under
sub. (2), to the city, village, town, or county which will issue the bonds to finance the project which is the subject of the estimate.
560.034(5)(b)
(b) Under
sub. (3), to the Wisconsin Housing and Economic Development Authority.
560.035
560.035
Woman-owned businesses; certification; database. 560.035(1)(a)(a) In this subsection, "woman-owned business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that fulfills all of the following requirements:
560.035(1)(a)1.
1. It is at least 51 percent owned, controlled, and actively managed by a woman.
560.035(1)(a)2.
2. It is currently performing a useful business function in this state.
560.035(1)(b)
(b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet.
560.035(1)(bm)
(bm) The department may charge an applicant for certification under this subsection a processing fee of not more than $50.
560.035(1)(c)
(c) The department shall promulgate rules necessary to implement this subsection.
560.035(2)
(2) The department shall develop, maintain and keep current a computer database of businesses in the state that are owned by women, containing demographic statistics and information on the types of industries represented, sales volume and growth rates, generation of jobs by both new and existing businesses and any other relevant characteristics.
560.035 Cross-reference
Cross-reference: See also ch.
Comm 104, Wis. adm. code.
560.036
560.036
Minority businesses. 560.036(1)(a)
(a) "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
560.036(1)(b)
(b) "Asian-Indian" means a person whose ancestors originated in India, Pakistan or Bangladesh.
560.036(1)(c)
(c) "Black" means a person whose ancestors originated in any of the black racial groups of Africa.
560.036(1)(d)
(d) "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
560.036(1)(e)1.1. "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills both of the following requirements:
560.036(1)(e)1.a.
a. 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)(ep)
(ep) "Minority financial adviser" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
560.036(1)(ep)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)(ep)2.
2. It serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
560.036(1)(f)
(f) "Minority group member" means any of the following:
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).
