16.287(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.
16.287(2) (2)Minority business, adviser and firm certification.
16.287(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.
16.287(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.
16.287(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).
16.287(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:
16.287(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).
16.287(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.
16.287(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.
16.287(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.
16.287(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.
16.287(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.
16.287(3) (3)Department rule making.
16.287(3)(a)(a) The department shall promulgate rules establishing procedures to implement sub. (2).
16.287(3)(b) (b) The department may promulgate rules further defining sub. (1) (f) 1. to 8.
16.287(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.
16.287 History History: 1983 a. 390; 1985 a. 182 s. 57; 1987 a. 27, 403; 1989 a. 31; 1991 a. 37, 39, 189; 1993 a. 112; 1997 a. 27; 1999 a. 150 s. 672; 2007 a. 196; 2011 a. 32 s. 3320; Stats. 2011 s. 16.287.
16.287 Cross-reference Cross-reference: See also ch. Adm 84, Wis. adm. code.
16.29 16.29 Technical assistance.
16.29(1) (1) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.505 (1) (kx) to partially fund a program to provide technical assistance for economic development on Indian reservations if the conditions under subs. (2) and (3) are satisfied.
16.29(2) (2)
16.29(2)(a)(a) As a condition of receiving a grant under sub. (1), the Great Lakes inter-tribal council shall establish a technical assistance program.
16.29(2)(b) (b) The program shall provide technical assistance to all of the following businesses:
16.29(2)(b)1. 1. A tribal enterprise.
16.29(2)(b)2. 2. An Indian business that is located on an Indian reservation.
16.29(2)(b)3. 3. An Indian business that is not located on an Indian reservation but that directly benefits the economy of an Indian reservation.
16.29(2)(c) (c) The program shall provide the following types of technical assistance:
16.29(2)(c)1. 1. Management assistance to existing businesses.
16.29(2)(c)2. 2. Start-up assistance to new businesses, including the development of business and marketing plans and assistance in securing development financing.
16.29(2)(c)3. 3. Technical assistance to new and existing businesses in gaining access to tribal, state and federal business assistance and financing programs.
16.29(2)(d) (d) The program may not provide technical assistance for a commercial gaming and gambling activity.
16.29(3) (3) As a condition of receiving a grant under sub. (1), the Great Lakes inter-tribal council annually shall prepare a report on the technical assistance program under sub. (2) and submit the report to the department.
16.29 History History: 1991 a. 39, 261; 1995 a. 27; 1999 a. 9; 2011 a. 32 s. 3442m; Stats. 2011 s. 16.29.
16.301 16.301 Definitions. In this subchapter [ss. 16.301 to 16.315]:
16.301 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation pending.
16.301(1) (1) "Community-based organization" means an organization operating in a specific geographic area that is organized primarily to provide housing opportunities for persons or families of low or moderate income, and that is one of the following:
16.301(1)(a) (a) A nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
16.301(1)(b) (b) A nonprofit cooperative organized under ch. 185 or 193.
16.301(1)(c) (c) A federally recognized American Indian tribe or band in this state or an entity established by a federally recognized American Indian tribe or band.
16.301(2) (2) "Housing authority" means any of the following:
16.301(2)(a) (a) A housing authority organized under s. 59.53 (22), 61.73, 66.1201 or 66.1213 or ch. 234.
16.301(2)(b) (b) A redevelopment authority or housing and community development authority exercising the powers of a housing authority under s. 66.1333 (3) or 66.1335 (4).
16.301(2)(c) (c) A housing authority organized by the elected governing body of a federally recognized American Indian tribe or band in this state.
16.301(3) (3) "Housing costs" means whichever of the following applies:
16.301(3)(a) (a) For housing occupied by the owner, any of the following:
16.301(3)(a)1. 1. The principal and interest on a mortgage loan that finances the purchase of the housing.
16.301(3)(a)2. 2. Closing costs and other costs associated with a mortgage loan.
16.301(3)(a)3. 3. Mortgage insurance.
16.301(3)(a)4. 4. Property insurance.
16.301(3)(a)5. 5. Utility-related costs.
16.301(3)(a)6. 6. Property taxes.
16.301(3)(a)7. 7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.
16.301(3)(b) (b) For rented housing, any of the following:
16.301(3)(b)1. 1. Rent.
16.301(3)(b)3. 3. Utility-related costs, if not included in the rent.
16.301(6) (6) "Utility-related costs" means costs related to power, heat, gas, light, water and sewerage.
16.301 History History: 1989 a. 31; 1991 a. 39; 1995 a. 201; 1997 a. 79; 1999 a. 150 s. 672; 2003 a. 33 s. 151; Stats. 2003 s. 560.9801; 2005 a. 441; 2011 a. 32 s. 3450m; Stats. 2011 s. 16.301.
16.301 Cross-reference Cross-reference: See also ch. Adm 89, Wis. adm. code.
16.302 16.302 State housing strategy plan.
16.302(1) (1)
16.302(1)(a)(a) The department shall prepare a comprehensive 5-year state housing strategy plan. The department shall submit the plan to the federal department of housing and urban development.
16.302(1)(b) (b) In preparing the plan, the department may obtain input from housing authorities, community-based organizations, the private housing industry and others interested in housing assistance and development.
16.302(2) (2) The state housing strategy plan shall include all of the following:
16.302(2)(a) (a) A statement of housing policies and recommendations.
16.302(2)(b) (b) An evaluation and summary of housing conditions and trends in this state, including housing stock and housing cost analyses, general population and household composition demographic analyses and housing and demographic forecasts.
16.302(2)(c) (c) An evaluation of housing assistance needs, based in part on the evaluation under par. (b).
16.302(2)(d) (d) A discussion of major housing issues, including housing production, housing and neighborhood conservation, housing for persons with special needs, fair housing and accessibility and housing affordability.
16.302(2)(e) (e) Housing policies that set the general framework for this state's housing efforts.
16.302(2)(f) (f) Strategies for utilizing federal funding and for coordinating federal and state housing efforts.
16.302(2)(g) (g) Specific recommendations for public and private action that contribute to the attainment of housing policies under the plan.
16.302(2)(h) (h) Strategies and specific recommendations for public and private action that will facilitate the inclusion of bicycle-oriented and pedestrian-oriented design in residential developments and mixed-use developments that include residential elements.
16.302(3) (3) The department shall annually update the state housing strategy plan.
16.302(4) (4) Before October 1 of each year, the department shall submit the state housing strategy plan to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).
16.302 History History: 1991 a. 39; 1997 a. 27; 2003 a. 33 s. 152; Stats. 2003 s. 560.9802; 2009 a. 351; 2011 a. 32 s. 3451m; Stats. 2011 s. 16.302.
16.303 16.303 Housing cost grants and loans.
16.303(1) (1) The department shall do all of the following:
16.303(1)(a) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.304, from the appropriation under s. 20.505 (7) (b) to persons or families of low or moderate income to defray housing costs of the person or family.
16.303(1)(b) (b) Determine the rate of interest, repayment terms or any other term of a loan made under this section.
16.303(1)(c) (c) Set minimum standards for housing that is occupied by a person or family of low or moderate income who receives a grant or loan under this section.
16.303(2) (2) In connection with grants and loans under sub. (1), the department shall do all of the following:
16.303(2)(a) (a) Base the amount of the grant or loan on the ratio between the recipient's housing costs and income.
16.303(2)(c) (c) Ensure that the funds for the grants and loans are reasonably balanced among geographic areas of this state.
16.303(2)(d) (d) Ensure that the funds for the grants and loans are reasonably balanced among the varying housing needs of persons or families of low or moderate income.
16.303(2)(e) (e) Give priority for grants and loans to all of the following:
16.303(2)(e)1. 1. Homeless individuals and families.
16.303(2)(e)2. 2. Elderly persons.
16.303(2)(e)3. 3. Physically disabled persons.
16.303(2)(e)5. 5. Families in which at least one minor child but only one parent live together.
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This is an archival version of the Wis. Stats. database for 2011. See Are the Statutes on this Website Official?