Feed for /2009/related/proposals/sb393 PDF
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:
SB393,6,54 (a) The elected governing body of a federally recognized American Indian tribe
5or band in this state or any business created by the elected governing body.
SB393,6,86 (b) A corporation organized under ch. 181 that is a nonprofit corporation as
7defined in s. 181.0103 (17), that is at least 51 percent controlled and actively
8managed by minority group members and that does all of the following:
SB393,6,99 1. Operates primarily within specific geographic boundaries.
SB393,6,1110 2. Promotes economic development and employment opportunities for minority
11group members or minority businesses within the specific geographic area.
SB393,6,1412 3. Demonstrates a commitment to or experience in promoting economic
13development and employment opportunities for minority group members or
14minority businesses.
SB393,6,16 15(8) "Minority business" means a minority business, as defined in s. 560.036 (1)
16(e), that has its principal place of business in this state.
SB393,6,17 17(9) "Minority group member" has the meaning given in s. 560.036 (1) (f).
SB393,6,19 18(10) "New minority business" means a minority business started as a result of
19an early planning project.
SB393,6,21 20(11) "Project" means a development project, an early planning project, a
21finance project, an education and training project or a revolving fund project.
SB393,6,25 22560.82 Minority business grants and loans. (1g) The department shall
23make a grant or loan to an eligible recipient or local development corporation under
24this section if the board awards a grant or loan to the eligible recipient or local
25development corporation under sub. (1m).
SB393,7,2
1(1m) The board may award a grant or loan under this section to any of the
2following:
SB393,7,43 (a) Subject to s. 560.84, an eligible recipient, as defined in s. 560.80 (5) (a), to
4fund an early planning project.
SB393,7,75 (b) Subject to s. 560.84, an eligible recipient or local development corporation
6that submits application materials in a form specified by the department by rule to
7fund eligible development project costs.
SB393,7,98 (c) A local development corporation to make grants or loans under sub. (2g) (a)
91. or to fund a revolving fund program under sub. (2g) (a) 2.
SB393,7,1210 (d) Subject to s. 560.84, a nonprofit organization or private financial
11institution, as defined in s. 234.01 (5k), whether or not for profit, to fund a finance
12project if all of the following apply:
SB393,7,1413 1. The financial institution or nonprofit organization uses the grant proceeds
14for any of the following purposes:
SB393,7,1615 a. To make loans for working capital to minority group members and minority
16businesses.
SB393,7,1817 b. To pay origination fees or other administrative costs associated with making
18loans for working capital to minority group members and minority businesses.
SB393,7,1919 2. The loans for working capital under subd. 1. a. do not exceed $5,000.
SB393,7,2220 (e) Subject to s. 560.84, the board may award a grant under this subsection to
21a nonprofit organization that is a minority business to fund an education and
22training project.
SB393,7,25 23(2) The board may not award a grant or loan under sub. (1m) (a) unless the
24eligible recipient, as defined in s. 560.80 (5) (a), submits an application, in a form
25required by the department, that contains or describes all of the following:
SB393,8,1
1(a) Potential locations of the new minority business.
SB393,8,22 (b) The ownership structure of the new minority business.
SB393,8,33 (c) The product or service provided by the new minority business.
SB393,8,44 (d) The market for the product or service described in par. (c).
SB393,8,55 (e) Competition within the market described in par. (d).
SB393,8,66 (f) Any competitive advantages of the new minority business.
SB393,8,87 (g) The eligible recipient's estimate of the gross revenue of the new minority
8business over a period specified by the department.
SB393,8,109 (h) The process for manufacturing the product, or providing the services, of the
10new minority business.
SB393,8,1211 (i) An estimate of the number of jobs that will be created by the new minority
12business.
SB393,8,1313 (j) The eligible recipient's experience and training.
SB393,8,1514 (k) The eligible recipient's estimate of the profit that will be generated by the
15new minority business over a period specified by the department.
SB393,8,1716 (L) The eligible recipient's estimate of the capital required to complete the early
17planning project.
SB393,8,1818 (m) Potential sources of financing for the early planning project.
SB393,8,1919 (n) Any other information that the department requests.
SB393,8,21 20(2g) The board may award a grant or loan under this subsection to a local
21development corporation if all of the following apply:
SB393,8,2322 (a) The local development corporation agrees to use the proceeds of grants or
23loans under this section for any of the following:
SB393,8,2524 1. To make grants or loans not exceeding $50,000 each to eligible
25 recipients to fund eligible development project costs.
SB393,9,3
12. To create, expand or continue a revolving fund program that is operated by
2the local development corporation and that benefits or will benefit minority
3businesses or minority group members who are residents of this state.
SB393,9,64 (b) The local development corporation agrees to use factors similar to those
5described in s. 560.84 (1) (a) to (k) and (2) (a) to (f) when making grants or loans under
6par. (a) 1. or under a revolving fund program under par. (a) 2.
SB393,9,87 (c) The local development corporation submits an application, or other
8materials, in a form specified by the department by rule.
SB393,9,11 9(3) An eligible recipient, as defined in s. 560.80 (5) (a), who receives a grant or
10loan under sub. (1m) (a) or s. 560.835 (6), 2001 stats., may only use the proceeds of
11the grant for the following purposes:
SB393,9,1212 (a) To perform a business feasibility study.
SB393,9,1313 (b) To prepare a detailed marketing plan.
SB393,9,1414 (c) To prepare a detailed business plan.
SB393,9,15 15(4) The board may not do any of the following:
SB393,9,1716 (a) Award in a fiscal biennium, for grants or loans under sub. (1m) (a), more
17than 25 percent of the total of all of the following:
SB393,9,1818 1. The funds appropriated for the fiscal biennium under s. 20.143 (1) (fm).
SB393,9,2119 2. The lesser of the funds received in a fiscal biennium in repayment of grants
20or loans under s. 560.83, 2005 stats., and this section or the funds appropriated for
21the fiscal biennium under s. 20.143 (1) (im).
SB393,9,2422 (b) Award in a fiscal biennium to any one eligible recipient, as defined in s.
23560.80 (5) (a), or for any one early planning project, grants or loans under sub. (1m)
24(a) that total more than $15,000.
SB393,10,3
1(c) Award in any fiscal biennium, to any one eligible recipient or local
2development corporation or for any one development project, grants or loans under
3sub. (1m) (b) that total more than $100,000 in a fiscal biennium.
SB393,10,54 (d) Award, in any fiscal year to any one local development corporation, grants
5or loans under sub. (1m) (c) that total more than $200,000.
SB393,10,8 6(5) If the board awards a grant or loan under sub. (1m) (a), the department may
7contract directly with and pay grant or loan proceeds directly to any person providing
8technical or management assistance to the grant or loan recipient.
SB393,10,12 9560.84 General criteria. (1) The board may not award a grant or loan for
10a project under this subchapter unless, after considering the application or other
11material submitted by the eligible recipient or local development corporation, the
12board determines all of the following:
SB393,10,1313 (a) That the project serves a public purpose.
SB393,10,1514 (b) 1. If an early planning project, that the project will increase employment in
15this state.
SB393,10,1716 2. If a development project, that the project will retain or increase employment
17in this state.
SB393,10,1818 (c) That the project is not likely to occur without the grant or loan.
SB393,10,2019 (d) That financing is unavailable from any other source on reasonably
20equivalent terms.
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