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2009 - 2010 LEGISLATURE
November 18, 2009 - Introduced by Senator Taylor, cosponsored by
Representatives Young, Turner, A. Williams, Grigsby, Zepnick, Kessler,
Richards
and Berceau. Referred to Committee on Commerce, Utilities,
Energy, and Rail.
SB393,1,5 1An Act to amend 20.143 (1) (im), 20.143 (1) (io), 34.05 (1), 560.13 (2) (b) 1. and
2560.45 (1); and to create 15.155 (3m), 20.143 (1) (fm), 25.17 (59), 34.045 (1m),
334.05 (4) and subchapter VII of chapter 560 [precedes 560.80] of the statutes;
4relating to: restoring the Minority Business Development Board and the
5Minority Business Grant and Loan Program.
Analysis by the Legislative Reference Bureau
The Minority Business Grants and Loans Program (program), administered by
the Department of Commerce (department), and the Minority Business
Development Board (board) in the department, were eliminated by 2009 Wisconsin
Act 28
(the biennial budget act). Under the program, the board was authorized to
award a grant or loan to a minority group member, a minority business, certain
nonprofit organizations, or private financial institutions. Minority group member
was defined to mean any of the following persons: a) a black; b) a Hispanic; c) an
American Indian; d) an Eskimo; e) an Aleut; f) a native Hawaiian; g) an
Asian-Indian; h) a person of Asian-Pacific origin. Minority business was defined to
mean a sole proprietorship, partnership, limited liability company, joint venture, or
corporation with a principal place of business in Wisconsin that fulfilled both of the
following requirements: it is at least 51 percent 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, and it is currently
performing a useful business function. The recipient of a grant or loan under the

program was required to undertake certain eligible activities, including education
and training projects or the start-up, expansion, or acquisition of a business.
This bill restores the board and the program as it existed before the biennial
budget act.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB393, s. 1 1Section 1. 15.155 (3m) of the statutes is created to read:
SB393,2,42 15.155 (3m) Minority business development board. There is created a
3minority business development board attached to the department of commerce
4under s. 15.03 consisting of members appointed by the governor for 2-year terms.
SB393, s. 2 5Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
6the following amounts for the purposes indicated: - See PDF for table PDF
SB393, s. 3 7Section 3. 20.143 (1) (fm) of the statutes is created to read:
SB393,2,98 20.143 (1) (fm) Minority business projects; grants and loans. Biennially, the
9amounts in the schedule for grants and loans under s. 560.82.
SB393, s. 4 10Section 4. 20.143 (1) (im) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
SB393,3,312 20.143 (1) (im) Minority business projects; repayments. All moneys received on
13or before June 30, 2009,
in repayment of grants or loans under s. 560.82 (1m) (b), 2007

1stats., and s. 560.82 (1m) (c), 2007 stats., and loans under 1997 Wisconsin Act 9,
2section 3, to be used for grants and loans under s. 560.45 and subch. II of ch. 560
3560.82
and for the study under 2009 Wisconsin Act 28, section 9110 (15u).
SB393, s. 5 4Section 5. 20.143 (1) (io) of the statutes, as created by 2009 Wisconsin Act 28,
5is amended to read:
SB393,3,96 20.143 (1) (io) Grant and loan repayments; forward innovation fund. All
7moneys received in repayment of grants or loans under subch. II of ch. 560, grants
8or loans under s. 560.82 (1m) (b) and (c), 2007 stats., and loans under 1997 Wisconsin
9Act 9
, section 3,
to be used for grants and loans under subch. II of ch. 560.
SB393, s. 6 10Section 6. 25.17 (59) of the statutes is created to read:
SB393,3,1311 25.17 (59) Invest or deposit money from the appropriation under s. 20.143 (1)
12(fm) in a public depository located in this state that is at least 51 percent owned by
13a minority group member or minority group members, as defined in s. 560.036 (1) (f).
SB393, s. 7 14Section 7. 34.045 (1m) of the statutes is created to read:
SB393,3,1615 34.045 (1m) Subsection (1) (a) and (e) does not apply to the funds appropriated
16under s. 20.143 (1) (fm) that are deposited as provided in s. 34.05.
SB393, s. 8 17Section 8. 34.05 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is
18amended to read:
SB393,4,419 34.05 (1) The Except as provided in sub. (4), the governing board of each public
20depositor shall, by resolution, designate one or more public depositories, organized
21and doing business under the laws of this state or federal law and located in this
22state, in which the treasurer of the governing board shall deposit all public moneys
23received by him or her and specify whether the moneys shall be maintained in time
24deposits subject to the limitations of s. 66.0603 (1m), demand deposits, or savings
25deposits and whether a surety bond or other security shall be required to be

1furnished under s. 34.07 by the public depository to secure the repayment of such
2deposits. A designation of a public depository by the governing board shall be a
3designation of the public depository for all treasurers of the governing board and for
4all public depositors for which each treasurer shall act.
SB393, s. 9 5Section 9. 34.05 (4) of the statutes is created to read:
SB393,4,96 34.05 (4) Money from the appropriation under s. 20.143 (1) (fm) shall be
7deposited in a public depository located in this state that is at least 51 percent owned
8by a minority group member or minority group members, as defined in s. 560.036 (1)
9(f).
SB393, s. 10 10Section 10. 560.13 (2) (b) 1. of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
SB393,4,1612 560.13 (2) (b) 1. The contribution required under par. (a) 3. may be in cash or
13in-kind. Cash contributions may be of private or public funds, excluding funds
14obtained under the program under s. 560.17 or under any program under subch. II
15or V or VII of this chapter. In-kind contributions shall be limited to actual
16remediation services.
SB393, s. 11 17Section 11. 560.45 (1) of the statutes, as created by 2009 Wisconsin Act 28, is
18amended to read:
SB393,4,2119 560.45 (1) The department may award a grant from the appropriations under
20s. 20.143 (1) (ie), (ig), (im), and (ir) to a business for innovation and research
21assistance.
SB393, s. 12 22Section 12. Subchapter VII of chapter 560 [precedes 560.80] of the statutes
23is created to read:
SB393,4,2424 CHAPTER 560
SB393,4,2525 SUBCHAPTER VII
SB393,5,1
1MInority business grants and Loans
SB393,5,2 2560.80 Definitions. In this subchapter:
SB393,5,3 3(1) "Board" means the minority business development board.
SB393,5,7 4(2) "Development project" means the start-up of a business, or the expansion
5or acquisition of an existing business, that is or will be a minority business or the
6promotion of economic development and employment opportunities for minority
7group members or minority businesses.
SB393,5,9 8(3) "Early planning project" means the preliminary stages of considering and
9planning the start-up or expansion of a business that will be a minority business.
SB393,5,12 10(3m) "Education and training project" means a business education and
11training program for minority group members and minority businesses that have
12received loans for working capital from an eligible recipient under s. 560.82 (1m) (e).
SB393,5,17 13(4) "Eligible development project costs" means costs that, in accordance with
14sound business and financial practices, are appropriately incurred in connection
15with a development project, but does not include entertainment expenses or
16expenses incurred more than 6 months before the board approves a grant or loan
17under s. 560.82 (1m) (b).
SB393,5,18 18(5) "Eligible recipient" means any of the following:
SB393,5,1919 (a) An individual who is a minority group member and a resident of this state.
SB393,5,2020 (b) A minority business.
SB393,5,2121 (c) A person who is eligible to receive a grant under s. 560.82 (1m) (d) or (e).
SB393,5,23 22(5m) "Finance project" means financial assistance to a minority group member
23or a minority business described in s. 560.82 (1m) (d) and (e).
SB393,6,2 24(6) "Job" means a regular, nonseasonal full-time position in which an
25individual, as a condition of employment, is required to work at least 2,080 hours per

1year, including paid leave and holidays. "Job" does not include initial training before
2an employment position begins.
SB393,6,3 3(7) "Local development corporation" means any of the following:
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