560.01
560.01
Organization of the department. 560.01(1)
(1)
Purposes. The functions of the department are of an advocacy, regulatory, consultative, advisory, informational, coordinative, and promotional nature. Through research, planning, consultation, and promotion of the development and maximum wise use of the natural and human resources of the state, it shall foster the growth and diversification of the economy of the state. It shall serve as the central agency and clearinghouse for developmental activities concerning the economy of the state. It shall make recommendations to the governor for the purpose of guiding a coordinated and economically efficient development of the state and shall seek closer cooperation and coordination between units of state government, educational institutions, local governments, local planning agencies, including regional planning commissions, and business and industry to foster and encourage a pattern of community development and of state-local and business relationships so that the economy of the state may continue to develop fully and meet citizen and community needs. It shall make continuing studies of the problems affecting economic and community development and recommendations for relieving those problems, and function in any other reasonable manner that will accomplish the stated purposes of this chapter. The department may also coordinate training for local government officials provided by state agencies including, but not limited to, the University of Wisconsin-Extension and the technical college system.
560.01(2)(a)(a)
State economic policy. The department shall develop a state economic policy. The department shall promote and provide technical assistance, consultative services and other assistance to commercial, industrial and recreational development and expansion; facilitate the establishment and retention of business enterprises in this state, including small and minority business enterprises; encourage cooperation between financial institutions and business persons to encourage commercial, industrial and recreational business expansion in this state; encourage creation of jobs throughout the state and especially in urban and rural economically depressed areas; develop and coordinate state public and private economic development plans and federal economic development assistance programs affecting local governments and business and industry; encourage the growth of tourism in the state; promote state products and industries in both foreign and domestic markets; provide informational clearinghouses for businesses and communities in their dealings with other state and federal agencies; advise the governor and legislature on the role of the state in state-local affairs; study the problems affecting local government relations as they impact on economic development and make recommendations for relieving these problems; develop a state-local relations policy to facilitate closer coordination and cooperation between state and local governments; advise the governor and the legislature regarding problems faced by local governments; develop an improved pattern of state-local relations; and develop recommendations for legislative or administrative action as may appear necessary.
560.01(2)(ae)
(ae)
Goals and accountability measures for economic development programs. The department shall do all of the following for each economic development program administered by the department:
560.01(2)(ae)1.
1. Establish clear and measurable goals for the program that are tied to statutory policy objectives.
560.01(2)(ae)2.
2. Establish at least one quantifiable benchmark for each program goal described in
subd. 1.
560.01(2)(ae)3.
3. Require that each recipient of a grant or loan under the program submit a report to the department. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the department and the performance measures to be included in the report.
560.01(2)(ae)4.
4. Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in
subds. 1. and
2.
560.01(2)(ae)5.
5. Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under
subd. 3.
560.01(2)(ae)6.
6. Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the department a verified statement signed by both an independent certified public accountant licensed or certified under
ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The department shall include the requirement established by rule under this subdivision in the contract entered into by a grant or loan recipient.
560.01(2)(ae)7.
7. Establish by rule policies and procedures permitting the department to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the department or fails to comply with the terms of a contract entered into with the department under the program and fails to provide to the satisfaction of the department an explanation for the noncompliance:
560.01 Cross-reference
Cross-reference: See also ch.
Comm 149, Wis. adm. code.
560.01(2)(am)
(am)
Economic development assistance reporting. Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under
s. 13.172 (3) a comprehensive report assessing economic development programs administered by the department. The department shall make readily accessible to the public on an Internet-based system the information required under this paragraph. The report shall include all of the following information:
560.01(2)(am)2.
2. Quantifiable performance measures directly related to the purpose of the program including, when applicable, all of the following information:
560.01(2)(am)2.a.
a. An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program.
560.01(2)(am)2.b.
b. An accounting of the industry classification, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program.
560.01(2)(am)4.
4. The number of grants made under the program in the previous fiscal year.
560.01(2)(am)5.
5. The number of loans made under the program in the previous fiscal year.
560.01(2)(am)5m.
5m. The amount of tax benefits allocated and verified under the program in the previous fiscal year.
560.01(2)(am)6.
6. The amount of each grant and loan made under the program in the previous fiscal year.
560.01(2)(am)7.
7. The recipient of each grant or loan made under the program in the previous fiscal year.
560.01(2)(am)7m.
7m. The recipients of tax benefits allocated and verified under the program in the previous fiscal year.
560.01(2)(am)8.
8. The sum total of all grants and loans awarded to and received by each recipient under the program in the previous fiscal year.
560.01(2)(as)
(as)
Coordination of economic development program goals and accountability measures; annual reporting requirements. 560.01(2)(as)2.
2. The department of commerce shall collaborate with the department of natural resources, the Board of Regents of the University of Wisconsin System, the technical college system board, the department of tourism, the department of transportation, the department of agriculture, trade, and consumer protection, and the Wisconsin housing and economic development authority to facilitate the reporting required under
ss. 23.169,
36.11 (29r),
38.04 (10m),
41.11 (1r),
84.01 (11m),
93.07 (20), and
234.255.
560.01(2)(b)
(b)
Regulation of industry, buildings and safety. The department shall administer and enforce laws regulating industry, safety and buildings under
chs. 101,
107,
145 and
168 and
ss. 32.19 to
32.27,
167.10, and
167.27 and as otherwise provided by statute.
560.01(3)
(3) Foreign office agreements. The department may enter into agreements regarding compensation, space and other administrative matters as are necessary to operate departmental offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.
560.01 Cross-reference
Cross-reference: See also
Comm, Wis. adm. code.
560.02
560.02
Secretary. The secretary shall:
560.02(1)
(1) Direct the execution of the statutory duties and powers assigned to the department and shall advise the governor and legislature on matters regarding economic growth and development and community development in the state.
560.02(2)
(2) Appoint the administrators for the various divisions of the department subject to
s. 230.08 (4) (a). Administrators appointed under the unclassified service shall serve at the pleasure of the secretary.
560.02(3)
(3) Delegate any of his or her powers and duties to such officers and employees of the department as he or she designates, and may authorize successive redelegations of such powers and duties.
560.02(4)
(4) Submit and adopt all necessary plans; enter into contracts; accept gifts, grants and federal funds; make rules and do all things necessary and proper to carry out this chapter.
560.03
560.03
Business and industrial development. The department shall foster, encourage and advocate economic development programs designed to broaden and strengthen the economy of the state, and it shall provide specific leadership in the following instances among others:
560.03(1)
(1) Support and assist the efforts of local business and industry, local government, state, regional and local development corporations, industrial committees, chambers of commerce, labor organizations and other similar public and private agencies to foster expansion of existing agricultural, commercial, industrial and mining enterprises, and initiate efforts to attract new enterprises, including working jointly with the department of agriculture, trade and consumer protection to develop deer farming under
s. 93.46 (1) (am).
560.03(2)
(2) Identify for the governor's attention those significant business and industrial problems which may be relieved by state action.
560.03(3)
(3) Assist in the formulation and implementation of integrated economic and community development programs for northern Wisconsin and other areas or regions of the state and cooperate with and provide technical assistance to any organizations created for the purpose of aiding and encouraging an orderly, productive and coordinated development of the state.
560.03(4)
(4) Assist in the formulation and development of a more intensive program to aid and expand the mining industry.
560.03(4m)
(4m) Provide, to communities in northern Wisconsin that are affected by mining, technical assistance with planning to diversify their economies.
560.03(5)
(5) Provide advice and assistance to Wisconsin business and labor.
560.03(6)
(6) Locate and maintain information on prime industrial sites, together with recommendations for developing and preserving such sites.
560.03(7)
(7) Perform such other functions as the governor may direct to aid in the industrial development of the state.
560.03(8)
(8) Help local units of government to plan and initiate development projects.
560.03(9)
(9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under
s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in
s. 285.79 (1), in connection with the implementation of the federal clean air act,
42 USC 7401 to
7671q. The department shall assign one full-time employee of the small business ombudsman clearinghouse to provide assistance to businesses as specified under
s. 560.42 (1m).
560.03(10)
(10) Explore the feasibility of new programs which will address, but not be limited to, the following areas of concern:
560.03(10)(a)
(a) The capital development financing needs of business, industrial and agricultural enterprises.
560.03(10)(b)
(b) The creation of job opportunities in inner cities and other economically depressed areas.
560.03(10)(c)
(c) Credit assistance for business and economic development.
560.03(10)(d)
(d) Optimum utilization of federal programs designed to encourage and aid economic development.
560.03(10)(e)
(e) The potential of a program to promote and encourage inventions and technological innovations.
560.03(11)
(11) Prepare and maintain comprehensive plans for the dynamic development of the economy of each area of the state in cooperation with representatives of the area.
560.03(16)
(16) Publish and distribute a list of all aid programs and services made available by this state to its communities. The department shall charge and collect a fee to cover the cost of publication and distribution under this subsection.
560.03(17)
(17) Assist new businesses and small businesses receiving economic development loans under
s. 234.65 (1) (a) or the assistance of the Wisconsin Housing and Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.
560.03(18)
(18) Develop and implement a plan to promote and increase exports, including agricultural products, and foreign investment in this state. The plan shall provide for the secretary to take a leadership role in assuring collaboration and coordination among international trade activities conducted by governmental entities to assure efficiency and to avoid duplication and may include provisions for participation in trade fairs and missions, establishment and maintenance of foreign trade offices and preparation of research on foreign markets for exports from this state and on opportunities for foreign investment in this state. The plan shall describe the allocation of funds for support staff in this state to implement the plan and for all other costs in implementing each provision of the plan. In developing and implementing the plan, the department shall consult with the department of agriculture, trade and consumer protection, the University of Wisconsin System, the technical college system and other public and private agencies and institutions supporting international trade education or activities. Any plan to establish a foreign trade office shall include the feasibility of establishing a system of graduated fees which a trade office may use to offset its operating costs, or a system of commissions for execution of successful transactions, or both.
560.03(19)
(19) Establish an office of regulatory assistance in the department to provide services as set forth in
subch. III.
560.03(20)
(20) Provide technical assistance to community development corporations, as defined in
s. 234.94 (2), and to persons who are forming community development corporations.
560.03(21)
(21) Promulgate rules for the rural hospital loan guarantee program, as required by
s. 231.35 (7).
560.03(22)
(22) Assist American Indian communities in economic development activities.
560.03(23)
(23) Review business plans of persons who intend to apply for a permit under
s. 170.12 and who have not previously engaged in commercial log raising. If the department determines, after the review, that the business plan is viable, the department shall approve the plan.
560.03(25)
(25) In cooperation with the department of financial institutions and the board of regents of the University of Wisconsin System, provide education and other support to facilitate the development networks of bona fide angel investors, as defined in
s. 71.07 (5d) (a) 1.
560.03(26)
(26) In cooperation with the department of financial institutions and the board of regents of the University of Wisconsin System, annually conduct and publish the results of a study of Wisconsin businesses to determine new business formation trends and identify obstacles faced by new Wisconsin businesses and areas where changes in governmental policy may satisfy the needs of new Wisconsin businesses. As part of the study, the department of commerce shall conduct a survey of Wisconsin businesses.
560.03 History
History: 1971 c. 211 s.
126;
1971 c. 321 ss.
10,
16; Stats. 1971 s. 560.03;
1979 c. 34;
1979 c. 361 ss.
45,
87 to
96;
1979 c. 362;
1983 a. 27,
83,
86,
90,
91,
192;
1985 a. 182 s.
57;
1985 a. 299;
1987 a. 27,
186;
1987 a. 399 s.
433;
1989 a. 317;
1991 a. 39,
302;
1993 a. 399;
1995 a. 27,
227;
1997 a. 27;
1999 a. 150 s.
672;
2001 a. 104;
2003 a. 255;
2007 a. 125;
2009 a. 28,
265.
560.031
560.031
Grants for ethanol production facilities. Notwithstanding
ss. 560.138 (2) (a) and
560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility.
560.031 History
History: 2005 a. 25;
2007 a. 20.
560.032
560.032
Allocation of volume cap on tax-exempt bonds. 560.032(1)(1)
Allocation. The department, by rule, shall establish under
26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under
26 USC 141 (a), among all municipalities, as defined in
s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.
560.032(2)
(2) Amendment to allocation. At any time prior to December 31 in any year, the department may promulgate rules to revise the allocation system established for that year under
sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in
26 USC 141 (a).
560.032(3)
(3) Conditions. The department may establish, by rule, any procedure for, and place any condition upon, the granting of an allocation under this section which the department deems to be in the best interest of the state including, but not limited to, a requirement that a cash deposit, at a rate established by the department in the rules, be a condition for an allocation.
560.032(4)
(4) Certification. If the secretary receives notice of the issuance of a bond under an allocation under
subs. (1) to
(3), the secretary shall certify that that bond meets the requirements of
26 USC 146.
560.033
560.033
Reallocation of limitation on recovery zone facility bonds. 560.033(1)(1)
Reallocation. The department, by rule, shall establish under
26 USC 1400U-1 (a) (3) (A) and administer a system for the reallocation of the waived allocation, waived as required under
s. 66.1104 (2), of the limitation on the issuance of recovery zone facility bonds, as defined under
26 USC 1400U-3 (b) (1), among authorities, as defined in
s. 66.1104 (1) (a), and local governmental units, as defined in
s. 66.1104 (1) (b).
560.033(2)
(2) Amendment to reallocation. At any time, the department may promulgate rules to revise the reallocation system established under
sub. (1), except that any revision under this subsection does not apply to any reallocation under which the recipient of that reallocation has adopted a resolution authorizing the issuance of a recovery zone facility bond, as defined in
26 USC 1400U-3 (b) (1).
560.033(3)
(3) Conditions. Subject to
sub. (5), the department may, by rule, establish any procedure for, and place any condition upon, the granting of a reallocation under this section which the department deems to be in the best interest of the state, including, but not limited to, a requirement that a cash deposit, at a rate established by the department in the rules, be a condition for a reallocation.
560.033(4)
(4) Consideration of alternative financing; reallocation. Before making a reallocation under this section, the department shall consider the availability of qualified Midwestern disaster area bonds, as defined under
26 USC 1400N (a), as modified by
P.L. 110-343, title VII, subtitle A, section 702 (d)
(intro.) and (1), as an alternative source of financing for a project for which the issuance of recovery zone facility bonds, as defined in
26 USC 1400U-3 (b) (1), are sought, and shall ensure that sufficient unallocated bonding authority remains to comply with
s. 66.1104 (2) (e).
560.033(5)
(5) Consideration of waiver; reallocation. For a reallocation made under this section after March 1, 2010, but before June 1, 2010, before making the reallocation, the department shall consider the amount of recovery zone bond limitation allocation waived under
s. 66.1104 (2) (a) or
(b) by each city or county then seeking a reallocation under this section. The department shall reallocate from the aggregated waived allocation, as that term is used in
sub. (1), an allocation of the recovery zone bond limitation to a project in a city or county that waived an allocation under
s. 66.1104 (2) (a) or
(b) in an amount up to the total limitation allocation waived by the city or county or equal to the limitation allocation determined by the city or county to be necessary for the project, whichever is less. In the event requests by cities and counties for a reallocation under this section exceed the aggregated waived allocation, the department shall prorate the available waived allocation among cities and counties in proportion to the amount waived by the cities and counties.
560.033(5m)
(5m) Availability of records. With regard to a letter addressed to the department from a prospective purchaser of a recovery zone bond, as described in
s. 66.1104 (2) (a) 2., the name of any business or prospective bond purchaser named in the letter is not subject to the right of inspection or copying under
s. 19.35 (1) before the first day of the 3rd month beginning after the letter is received by the department.
560.033 History
History: 2009 a. 112.
560.033 Cross-reference
Cross-reference: See also ch.
Comm 137, Wis. adm. code.
