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).
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. 551.02 (3).
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,
66.911,
119.495 (2),
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)(a)(a) The department shall promulgate rules establishing procedures to implement
sub. (2).
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.
560.037
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.
560.038
560.038
Minority nonprofit corporation grants. 560.038(1)(a)
(a) "Business incubator" means a facility designed to encourage the growth of new businesses, if at least 2 of the following apply:
560.038(1)(a)1.
1. Space in the facility is rented at a rate lower than the market rate in the community.
560.038(1)(a)3.
3. Management and technical assistance are available at the facility.
560.038(1)(a)4.
4. Businesses using the facility may obtain financial capital through a direct relationship with at least one financial institution.
560.038(1)(b)
(b) "Nonprofit corporation" means a corporation that is organized under
ch. 181 and that is exempt from taxation under section
501 (c) (3) of the internal revenue code.
560.038(2)
(2) Grants. In each fiscal year, the department may make a grant of not more than $100,000 from the appropriation under
s. 20.143 (1) (fm) to a nonprofit corporation, if all of the following apply:
560.038(2)(a)
(a) The nonprofit corporation owns and operates a business incubator.
560.038(2)(b)
(b) The business incubator provides services primarily to minority group members or minority businesses.
560.038(2)(e)
(e) The nonprofit corporation submits a plan to the department detailing the project and the proposed use of the grant.
560.038(2)(f)
(f) If the grant is part of a project that is also funded by contributions from other sources, the nonprofit corporation provides the department with the amount of those contributions or pledges for contributions that the nonprofit corporation received before the grant is made.
560.038(2)(g)
(g) The secretary approves the plan submitted under
par. (e) before awarding the grant.
560.038(2)(h)
(h) The nonprofit corporation agrees not to use the proceeds of the grant for salaries or other administrative costs.
560.038(2)(i)
(i) The nonprofit corporation agrees to use the grant to build or rehabilitate the premises of the business incubator.
560.038(2)(j)
(j) The nonprofit corporation agrees to try to ensure that at least 50% of the proceeds of the grant will go to contractors that are minority businesses.
560.038(2)(k)
(k) The nonprofit corporation agrees to submit to the department, within 90 days after spending the full amount of the grant, a report detailing the actual use of the proceeds of the grant.
560.038 History
History: 1991 a. 39 s.
9115 (1h);
1993 a. 16 ss.
3360,
3884; Stats. 1993 s. 560.038;
1997 a. 27.
560.039
560.039
Minority business incubator grants. 560.039(1)(a)
(a) "Business incubator" means a person who operates a facility designed to encourage the growth of new businesses, if at least 2 of the following apply:
560.039(1)(a)1.
1. Space in the facility is rented at a rate lower than the market rate in the community.
560.039(1)(a)3.
3. Management and technical assistance are available at the facility.
560.039(1)(a)4.
4. Businesses using the facility may obtain financial capital through a direct relationship with at least one financial institution.
560.039(2)
(2) Grants. In each fiscal year, the department may make a grant of not more than $100,000 from the appropriation under
s. 20.143 (1) (fm) to a business incubator, if all of the following apply:
560.039(2)(a)
(a) The business incubator provides services primarily to minority group members or minority businesses.
560.039(2)(d)
(d) The business incubator submits a plan to the department detailing the proposed use of the grant.
560.039(2)(e)
(e) If the grant is part of a project that is also funded by contributions from other sources, the business incubator provides the department with the amount of those contributions or pledges for contributions that the business incubator received before the grant is made.
560.039(2)(f)
(f) The secretary approves the plan submitted under
par. (d) before awarding the grant.
560.039(2)(g)
(g) The business incubator agrees not to use the proceeds of the grant for salaries or other administrative costs.
560.039(2)(h)
(h) If the grant will be used to build or rehabilitate the premises of the business incubator, the business incubator agrees to try to ensure that at least 50% of the proceeds of the grant will go to contractors that are minority businesses.
560.039(2)(i)
(i) The business incubator agrees to submit to the department, within 90 days after spending the full amount of the grant, a report detailing the actual use of the proceeds of the grant.
560.039 History
History: 1991 a. 39 s.
9115 (1i);
1993 a. 16 ss.
3361,
3885 to
3888; Stats. 1993 s. 560.039;
1997 a. 27.
560.04
560.04
Community development.
