AB43: Bill Text

AB43,225,17 2m. “Financial adviser” has the meaning given in s. 16.283 (1) (d).

AB43,225,18 3. “Investment firm” has the meaning given in s. 16.283 (1) (e).

AB43,225,20 5. “Woman-owned financial adviser” means a financial adviser that fulfills all of the following requirements:

AB43,225,21 a. It is at least 51 percent owned, controlled, and actively managed by a woman.

AB43,225,22 b. It has its principal place of business in this state.

AB43,225,24 6. “Woman-owned investment firm” means an investment firm that fulfills all of the following requirements:

AB43,225,25 a. It is at least 51 percent owned, controlled, and actively managed by a woman.

AB43,226,1 b. It has its principal place of business in this state.

AB43,99 Section 99. 16.285 (1) (b) of the statutes is amended to read:

AB43,226,16 16.285 (1) (b) The department shall implement a program for the certification of woman-owned businesses, woman-owned financial advisers, and woman-owned investment firms. The department may, without conducting an investigation, certify a business currently performing a useful business function, financial adviser, or investment firm that has its principal place of business in this state as a woman-owned business, woman-owned financial adviser, or woman-owned investment firm if the business, financial adviser, or investment firm is certified, or otherwise classified, as a woman-owned business, woman-owned financial adviser, or woman-owned investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying woman-owned businesses , woman-owned financial advisers, or woman-owned investment firms if the business uses substantially the same process as the department promulgates by rule for implementing this subsection.

AB43,100 Section 100 . 16.285 (1) (bm) of the statutes is repealed.

AB43,101 Section 101. 16.285 (2) of the statutes is amended to read:

AB43,227,2 16.285 (2) The department shall develop, maintain, and keep current a computer database of businesses, financial advisers, and investment firms certified under sub. (1) in the state that are owned by women, containing demographic statistics and information on the types of industries represented, sales volume and growth rates, generation of jobs by both new and existing businesses, and any other relevant characteristics. The department shall compile and periodically update a list of businesses, financial advisers, and investment firms certified under sub. (1) and make the list available to the public on the Internet.

AB43,102 Section 102 . 16.287 (2) (dm) of the statutes is repealed.

AB43,103 Section 103. 16.287 (4) of the statutes is created to read:

AB43,227,7 16.287 (4) Minority business database. The department shall develop, maintain, and keep current a computer database of all minority businesses, minority financial advisers, and minority investment firms certified under this section.

AB43,104 Section 104 . 16.288 of the statutes is created to read:

AB43,227,10 16.288 Lesbian, gay, bisexual, or transgender-owned businesses. (1) Definitions. In this section:

AB43,227,12 (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB43,227,14 (b) “Duly authorized representative" means any person authorized in writing by the business to act on behalf of the business.

AB43,227,16 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB43,227,19 (d) “Investment firm" means a business that 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. 551.102 (4).

AB43,227,21 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB43,227,24 (2) Lesbian, gay, bisexual, or transgender-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB43,228,3 (3) Lesbian, gay, bisexual, or transgender-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB43,228,7 (b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:

AB43,228,12 a. One or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB43,228,16 b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business, financial adviser, or investment firm.

AB43,228,20 c. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.

AB43,229,2 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as a lesbian, gay, bisexual, or transgender-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe or band, or the federal government.

AB43,229,10 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm 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.

AB43,229,15 (d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.

AB43,229,20 2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,229,25 3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,230,3 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB43,230,6 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,230,11 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,230,20 4. A business, financial adviser, or investment firm decertified under subd. 3. 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, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB43,230,22 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB43,105 Section 105 . 16.289 of the statutes is created to read:

AB43,230,24 16.289 Disability-owned businesses. (1) Definitions. In this section:

AB43,231,2 (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB43,231,4 (b) “Duly authorized representative" means any person authorized in writing by the business to act for the business.

AB43,231,6 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB43,231,9 (d) “Investment firm" means a business that 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. 551.102 (4).

AB43,231,11 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB43,231,14 (2) Disability-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB43,231,17 (3) Disability-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB43,231,21 (b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:

AB43,232,2 a. One or more individuals with a disability own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more individuals with a disability own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB43,232,5 b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business, financial adviser, or investment firm.

AB43,232,7 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB43,232,11 d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.

AB43,232,18 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as disability-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe or band, or the federal government.

AB43,233,2 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm 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.

AB43,233,7 (d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.

AB43,233,12 2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,233,17 3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,233,20 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB43,233,23 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,234,3 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,234,12 4. A business, financial adviser, or investment firm decertified under subd. 3. 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, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB43,234,14 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB43,106 Section 106. 16.29 (title) of the statutes is amended to read:

AB43,234,16 16.29 (title) Technical assistance and tourism promotion.

AB43,107 Section 107. 16.29 (1) of the statutes is renumbered 16.29 (1) (intro.) and amended to read:

AB43,234,21 16.29 (1) (intro.) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.505 (1) (kx) to for the following purposes:

AB43,234,24 (a) To partially fund a program to provide technical assistance for economic development on Indian reservations if the conditions under subs. (2) and (3) are satisfied.

AB43,108 Section 108. 16.29 (1) (b) of the statutes is created to read:

AB43,235,3 16.29 (1) (b) To fund tourism promotion activities under the Native American Tourism of Wisconsin program. The grants under this paragraph are not subject to the conditions under subs. (2) and (3).

AB43,109 Section 109. 16.293 of the statutes is created to read:

AB43,235,6 16.293 Water utility assistance for low-income households. (1) Definitions. In this section:

AB43,235,7 (a) “County department" means a county department under s. 46.215 or 46.22.

AB43,235,9 (b) “Crisis assistance" means a benefit that is given to a household experiencing or at risk of experiencing a water utility–related emergency.

AB43,235,12 (c) “Household" means any individual or group of individuals who are living together as one economic unit for whom residential water is customarily purchased in common or who make undesignated payments for water in the form of rent.

AB43,235,15 (d) “Utility allowance" means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority.

AB43,235,17 (e) “Water utility assistance" means a benefit that is given to a household to assist in meeting the cost of water utility.

AB43,235,20 (2) Administration. (a) The department shall administer a water utility assistance program for low-income households to assist eligible households to meet home water utility costs and shall establish a payments schedule for the program.

AB43,235,24 (b) The department may contract with a county department, another local governmental agency, or a private nonprofit organization to process applications and make payments under the water utility assistance program for low-income households.

AB43,236,4 (3) Application procedure. (a) A household may apply for water utility assistance from the department under the water utility assistance program for low-income households. A household shall apply on a form prescribed by the department.

AB43,236,9 (b) If by February 1 of any year the number of households applying for assistance under par. (a) substantially exceeds the number anticipated to apply, the department may reduce the assistance payments under sub. (5) made after that date. The department may also suspend the processing of additional applications until the department adjusts assistance amounts payable.

AB43,236,11 (4) Eligibility. (a) Subject to sub. (3) (b), all of the following households are eligible to receive water utility assistance under this section:

AB43,236,13 1. A household with income that is not more than 60 percent of the statewide median household income.

AB43,236,16 2. A household entirely composed of persons receiving food stamps under 7 USC 2011 to 2036 or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

AB43,236,20 3. A household with income within the limits specified under par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state, or the federal government for which a utility allowance is applied to determine the amount of rent or the amount of the subsidy.

AB43,236,22 (b) The department may establish additional eligibility requirements and other program guidelines for the program.

AB43,236,25 (5) Assistance payments. Subject to moneys appropriated under s. 20.505 (7) (ee), water utility assistance shall be paid according to the payments schedule established under sub. (2) (a).

AB43,237,5 (6) Individuals in state prisons or secured juvenile facilities. No assistance payment under sub. (5) may be made to an individual who is imprisoned in a state prison under s. 302.01 or to an individual placed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g).

AB43,237,12 (7) Crisis assistance program. A household eligible for water utility assistance under sub. (4) may also be eligible for a crisis assistance payment. The department shall define the circumstances constituting a crisis for which an assistance payment may be made and shall establish the amount of payment to an eligible household. The department may delegate a portion of its responsibility under this subsection to a county department, another local governmental agency, or a private nonprofit organization.