AB908: Bill Text

AB908,24,6 (b) "Service-disabled veteran-owned business" means a business that satisfies all of the following criteria:

AB908,24,8 1. At least 51 percent of the business is owned by one or more service-disabled veterans.

AB908,24,10 2. One or more service-disabled veterans control the management and daily operations of the business.

AB908,24,16 (2) Service-disabled veteran-owned business database and certification. (a) The department shall develop, maintain, and keep current a computer database of service-disabled veteran-owned businesses in the state, 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.

AB908,24,20 (b) The department shall establish and periodically update a list of certified service-disabled veteran-owned businesses. Any business may apply to the department for certification. For purposes of this paragraph, a "business" includes a financial adviser or investment firm.

AB908,24,24 (c) The department shall certify a business incorporated under ch. 180 or having its principal place of business in this state if the department, after conducting an investigation, determines that the business qualifies as a service-disabled veteran-owned business under sub. (1) and any rules promulgated under sub. (3).

AB908,25,7 (d) The department, without investigation, may certify a business incorporated in this state or having its principal place of business in this state if the business is certified or otherwise classified as a service-disabled veteran-owned business by an agency of this or another state or the federal government, or by a private business with expertise in certifying service-disabled veteran-owned businesses if the private business uses substantially the same procedures as those used by the department in making a determination under par. (c).

AB908,25,15 (e) If the business applying for certification is not incorporated under ch. 180 or does not have its principal place of business in this state, the department may certify it if it meets the conditions specified under par. (c) or (d) and if the state in which the business is incorporated or has its principal place of business has a statutory service-disabled veteran-owned business procurement program and the business qualifies for participation in that program under a procedure substantially equivalent to the procedure used by the department in making a determination under par. (c).

AB908,25,18 (f) The department may charge each business applying for certification under par. (e) a fee to cover the department's expenses in making the certification determination.

AB908,25,24 (g) If a business refuses to provide the department with sufficient information to enable it to conduct an investigation or if the business does not qualify for certification under par. (c), (d), or (e), the department shall deny the application. A business 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.

AB908,26,6 (h) The department may, at the request of any state agency, or at its own discretion, examine any business certified under this subsection to verify that it qualifies for certification. The business shall provide the department with any records or information necessary to complete the examination. If the business fails to comply with a reasonable request for records or information, the department shall decertify it.

AB908,26,18 (i) If the department, after an examination under par. (h), determines that a business does not qualify as a service-disabled veteran-owned business, the department shall notify the business and the department of administration that it intends to decertify the business. The business may, within 30 days after the notice is sent, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business. A decertified business 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 qualifies as a service-disabled veteran-owned business, the department shall immediately certify the business.

AB908,26,20 (3) Department rule making. The department shall promulgate rules establishing procedures to implement sub. (2).

AB908, s. 76 Section 76. 560.035 (title) of the statutes is amended to read:

AB908,26,22 560.035 (title) Database of women's Woman-owned businesses.

AB908, s. 77 Section 77. 560.035 of the statutes is renumbered 560.035 (2) (a) and amended to read:

AB908,27,5 560.035 (2) (a) The department shall develop, maintain, and keep current a computer database of woman-owned businesses 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.

AB908, s. 78 Section 78. 560.035 (1) and (2) (title) and (b) to (i) of the statutes are created to read:

AB908,27,9 560.035 (1) Definition. In this section, "woman-owned business" means a business that satisfies all of the following criteria:

AB908,27,12 (a) At least 51 percent of the business is owned by one or more women who are citizens of the United States or who are persons lawfully admitted to the United States for permanent residence, as defined in 8 USC 1101 (a) (20).

AB908,27,14 (b) One or more women control the management and daily operations of the business.

AB908,27,15 (2) (title) Woman-owned business database and certification.

AB908,27,19 (b) The department shall establish and periodically update a list of certified woman-owned businesses. Any business may apply to the department for certification. For purposes of this paragraph, a "business" includes a financial adviser or investment firm.

AB908,27,23 (c) The department shall certify a business incorporated under ch. 180 or having its principal place of business in this state if the department, after conducting an investigation, determines that the business qualifies as a woman-owned business under sub. (1) and any rules promulgated under sub. (3).

AB908,28,5 (d) The department, without investigation, may certify a business incorporated in this state or having its principal place of business in this state if the business is certified or otherwise classified as a woman-owned business by an agency of this or another state or the federal government, or by a private business with expertise in certifying woman-owned businesses if the private business uses substantially the same procedures as those used by the department in making a determination under par. (c).

AB908,28,12 (e) If the business applying for certification is not incorporated under ch. 180 or does not have its principal place of business in this state, the department may certify it if it meets the conditions specified under par. (c) or (d) and if the state in which the business is incorporated or has its principal place of business has a statutory woman-owned business procurement program and the business qualifies for participation in that program under a procedure substantially equivalent to the procedure used by the department in making a determination under par. (c).

AB908,28,15 (f) The department may charge each business applying for certification under par. (e) a fee to cover the department's expenses in making the certification determination.

AB908,28,21 (g) If a business refuses to provide the department with sufficient information to enable it to conduct an investigation or if the business does not qualify for certification under par. (c), (d), or (e), the department shall deny the application. A business 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.

AB908,29,2 (h) The department may, at the request of any state agency, or at its own discretion, examine any business certified under this subsection to verify that it qualifies for certification. The business shall provide the department with any records or information necessary to complete the examination. If the business fails to comply with a reasonable request for records or information, the department shall decertify it.

AB908,29,13 (i) If the department, after an examination under par. (h), determines that a business does not qualify as a woman-owned business, the department shall notify the business and the department of administration that it intends to decertify the business. The business may, within 30 days after the notice is sent, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business. A decertified business 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 qualifies as a woman-owned business, the department shall immediately certify the business.

AB908, s. 79 Section 79. 560.035 (3) of the statutes is created to read:

AB908,29,16 560.035 (3) Department rule making. The department shall promulgate rules establishing procedures to implement sub. (2).

AB908, s. 80 Section 80. Initial applicability.

AB908,29,19 (1) This act first applies with respect to contracts entered into and orders placed on the effective date of this subsection.

AB908, s. 81 Section 81. Effective date.

AB908,29,21 (1) This act takes effect on the first July 1 that occurs after publication.

AB908,29,22 (End)