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.
1An Act to amend
20.143 (1) (im), 20.143 (1) (io), 34.05 (1), 560.13 (2) (b) 1. and 2
560.45 (1); and to create
15.155 (3m), 20.143 (1) (fm), 25.17 (59), 34.045 (1m), 3
34.05 (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
(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
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
15.155 (3m) of the statutes is created to read:
15.155 (3m) Minority business development board.
There is created a 3
minority business development board attached to the department of commerce 4
under s. 15.03 consisting of members appointed by the governor for 2-year terms.
SB393, s. 2
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 6
the following amounts for the purposes indicated:
- See PDF for table
SB393, s. 3
20.143 (1) (fm) of the statutes is created to read:
(fm) Minority business projects; grants and loans.
Biennially, the 9
amounts in the schedule for grants and loans under s. 560.82.
(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
and s. 560.82 (1m)
(c), 2007 stats.,
and loans under 1997 Wisconsin Act 9
, to be used for grants and loans under s. 560.45 and subch. II of ch. 560
and for the study under 2009 Wisconsin Act 28
, section 9110 (15u)
(io) Grant and loan repayments; forward innovation fund.
moneys 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
25.17 (59) of the statutes is created to read:
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 13
a minority group member or minority group members, as defined in s. 560.036 (1) (f).
SB393, s. 7
34.045 (1m) of the statutes is created to read:
Subsection (1) (a) and (e) does not apply to the funds appropriated 16
under s. 20.143 (1) (fm) that are deposited as provided in s. 34.05.
34.05 (1) The Except as provided in sub. (4), the
governing board of each public 20
depositor shall, by resolution, designate one or more public depositories, organized 21
and doing business under the laws of this state or federal law and located in this 22
state, in which the treasurer of the governing board shall deposit all public moneys 23
received by him or her and specify whether the moneys shall be maintained in time 24
deposits subject to the limitations of s. 66.0603 (1m), demand deposits, or savings 25
deposits and whether a surety bond or other security shall be required to be
furnished under s. 34.07 by the public depository to secure the repayment of such 2
deposits. A designation of a public depository by the governing board shall be a 3
designation of the public depository for all treasurers of the governing board and for 4
all public depositors for which each treasurer shall act.
SB393, s. 9
34.05 (4) of the statutes is created to read:
Money from the appropriation under s. 20.143 (1) (fm) shall be 7
deposited in a public depository located in this state that is at least 51 percent owned 8
by a minority group member or minority group members, as defined in s. 560.036 (1) 9
(b) 1. The contribution required under par. (a) 3. may be in cash or 13
in-kind. Cash contributions may be of private or public funds, excluding funds 14
obtained under the program under s. 560.17 or under any program under subch. II 15
or V or VII
of this chapter. In-kind contributions shall be limited to actual 16
The department may award a grant from the appropriations under 20
s. 20.143 (1) (ie), (ig), (im),
and (ir) to a business for innovation and research 21
SB393, s. 12
Subchapter VII of chapter 560 [precedes 560.80] of the statutes 23
is created to read:
MInority business grants and Loans
In this subchapter:
"Board" means the minority business development board.
"Development project" means the start-up of a business, or the expansion 5
or acquisition of an existing business, that is or will be a minority business or the 6
promotion of economic development and employment opportunities for minority 7
group members or minority businesses.
"Early planning project" means the preliminary stages of considering and 9
planning the start-up or expansion of a business that will be a minority business.
"Education and training project" means a business education and 11
training program for minority group members and minority businesses that have 12
received loans for working capital from an eligible recipient under s. 560.82 (1m) (e).
"Eligible development project costs" means costs that, in accordance with 14
sound business and financial practices, are appropriately incurred in connection 15
with a development project, but does not include entertainment expenses or 16
expenses incurred more than 6 months before the board approves a grant or loan 17
under s. 560.82 (1m) (b).
"Eligible recipient" means any of the following:
(a) An individual who is a minority group member and a resident of this state.
(b) A minority business.
(c) A person who is eligible to receive a grant under s. 560.82 (1m) (d) or (e).
"Finance project" means financial assistance to a minority group member 23
or a minority business described in s. 560.82 (1m) (d) and (e).
"Job" means a regular, nonseasonal full-time position in which an 25
individual, as a condition of employment, is required to work at least 2,080 hours per
year, including paid leave and holidays. "Job" does not include initial training before 2
an employment position begins.
"Local development corporation" means any of the following: