560.19 History History: 1989 a. 325; 1989 a. 359 s. 381; 1993 a. 16; 1995 a. 27, 227.
560.20 560.20 Business development initiative.
560.20(1) (1)Definitions. In this section:
560.20(1)(a) (a) "Community development finance company" has the meaning given in s. 234.94 (3).
560.20(1)(b) (b) "Equity investment" means the purchase of common or preferred capital stock or the purchase of an option or other right to acquire common or preferred capital stock.
560.20(1)(c) (c) "For-profit business" means any organization or enterprise operated on a for-profit or cooperative basis, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, cooperative or association.
560.20(1)(cf) (cf) "Management assistance" means engineering and legal services and professional assistance in establishing or improving management systems, policies or procedures in such management concerns as financial planning, personnel, inventory control, production planning, purchasing, bookkeeping, record keeping and marketing.
560.20(1)(cm) (cm) "Minority group member" has the meaning given in s. 560.036 (1) (f).
560.20(1)(d) (d) "Nonprofit organization" means a nonprofit corporation, as defined in s. 181.02 (8), and any organization described in section 501 (c) (3) of the internal revenue code that is exempt from federal income tax under section 501 (a) of the internal revenue code.
560.20(1)(e) (e) "Person with severe disabilities" means an individual who is eligible for one or more programs or services under ch. 47 because he or she is a severely handicapped person, as defined in s. 47.01 (4).
560.20(1)(f) (f) "Small business" means a for-profit business having fewer than 25 full-time employes.
560.20(1)(g) (g) "Technical assistance" includes all of the following:
560.20(1)(g)1. 1. Preparation of preliminary feasibility studies, feasibility studies or business and financial plans.
560.20(1)(g)2. 2. Providing a financial package.
560.20(1)(g)3. 3. Engineering studies, appraisals or marketing assistance.
560.20(1)(g)4. 4. Related legal, accounting or managerial services.
560.20(1m) (1m)Employment opportunities. The department shall develop a program consisting of technical assistance, grants and loans, as described in subs. (2) and (3), for the purpose of assisting the expansion and creation of for-profit businesses that are expected to provide employment opportunities for persons with severe disabilities.
560.20(2) (2)Technical assistance; grants and services.
560.20(2)(a)(a) The department may provide technical assistance to an individual, small business or nonprofit organization. In addition to or in lieu of the technical assistance provided by the department, the department may make a grant to an individual, small business or nonprofit organization from the appropriation under s. 20.143 (1) (en) to partially fund technical assistance provided to the individual, small business or nonprofit organization. Technical assistance or a grant for technical assistance provided under this paragraph shall be for the purpose of developing and planning, at the preliminary stages, the start-up or expansion of a for-profit business that is or will be located in this state.
560.20(2)(b) (b) In deciding whether to provide technical assistance or make a grant under par. (a), or both, the department shall consider all of the following:
560.20(2)(b)1. 1. The likelihood that the for-profit business will actually be profitable.
560.20(2)(b)2. 2. The extent to which the expansion or creation of the for-profit business will increase employment in this state.
560.20(2)(b)3. 3. The extent to which the expansion or creation of the for-profit business is expected to create employment opportunities for persons with severe disabilities, particularly persons with severe disabilities who are minority group members.
560.20(2)(b)4. 4. The type of technical assistance needed.
560.20(2)(c) (c) The amount of each grant awarded under par. (a) may not exceed $15,000. As a condition of receiving a grant, the individual, small business or nonprofit organization shall provide matching funds in an amount equal to at least 25% of the amount of the grant. The department may allow the individual, small business or nonprofit organization to satisfy the matching fund requirement by contributing, or having another person contribute on its behalf, services toward the technical assistance that have a value, as determined by the department, equal to at least 25% of the amount of the grant.
560.20(2)(d) (d) The department shall do all of the following:
560.20(2)(d)1. 1. Develop an application form to be used by individuals, small businesses and nonprofit organizations seeking technical assistance and grants under par. (a) and furnish the application upon request.
560.20(2)(d)2. 2. Award grants under par. (a) on a competitive basis after evaluating applications received by the department for technical assistance and grants under par. (a).
560.20(3) (3)Management assistance; loans and grants.
560.20(3)(a)(a) The department may award funds appropriated under s. 20.143 (1) (en) and (in) to an individual, small business or nonprofit organization for use in connection with the start-up or expansion of a for-profit business if all of the following apply:
560.20(3)(a)1. 1. The department provided technical assistance or a grant for technical assistance under sub. (2) for developing and planning the start-up or expansion of the for-profit business.
560.20(3)(a)2. 2. The for-profit business is or will be at least 51% owned by a handicapped person, as defined in s. 47.01 (3), or by a nonprofit organization that provides services to handicapped persons, as defined in s. 47.01 (3).
560.20(3)(b) (b) If the department awards funds under this subsection to an individual, small business or nonprofit organization, up to 20% of the award, or $5,000, whichever is less, may be a grant and the balance shall be a loan.
560.20(3)(c) (c) An individual, small business or nonprofit organization that receives an award of funds under this subsection may use loan proceeds only for working capital or fixed-asset financing, and may use grant proceeds, if any, only for management assistance.
560.20(3)(d) (d) The department may not award under this subsection funds that exceed $30,000 in a fiscal biennium to any single individual, small business or nonprofit organization. As a condition of receiving an award under this subsection, an individual, small business or nonprofit organization shall provide matching funds that are at least equal to the amount of the award.
560.20(3)(e) (e) In deciding whether to make an award under this subsection, the department shall consider all of the following:
560.20(3)(e)1. 1. The likelihood that the for-profit business will actually be profitable.
560.20(3)(e)2. 2. The extent to which the expansion or creation of the for-profit business will increase employment in this state.
560.20(3)(e)3. 3. The extent to which the expansion or creation of the for-profit business is expected to create employment opportunities for persons with severe disabilities, particularly persons with severe disabilities who are minority group members.
560.20(3)(e)4. 4. The extent to which the award is necessary for the successful completion of the start-up or expansion of the for-profit business because funding is unavailable in traditional capital markets, or because credit has been offered on terms that would preclude the success of the for-profit business.
560.20(3)(f) (f) The department shall do all of the following:
560.20(3)(f)1. 1. Develop an application form to be used by individuals, small businesses and nonprofit organizations seeking an award under this subsection and furnish the application upon request.
560.20(3)(f)2. 2. Before awarding a loan under this subsection, determine the terms for repayment of the principal amount of the loan.
560.20(3)(f)3. 3. Before awarding the loan, establish all other terms and conditions of the loan after considering the circumstances of the individual, small business or nonprofit organization.
560.20(3)(f)4. 4. Deposit in the appropriation account under s. 20.143 (1) (in) all interest and principal received in repayment of loans under this subsection, any proceeds from equity investments made by the community development finance company under s. 234.965, 1991 stats., that are received by the department or the community development finance company and any unencumbered grant funds returned to the department under 1993 Wisconsin Act 437, section 9115 (1t).
560.20(3)(g) (g) The department, in agreement with the for-profit business, may convert any equity investments made by the community development finance company in a for-profit business under s. 234.965, 1991 stats., to a grant or a loan under this subsection without regard to the requirements under par. (b).
560.20(3)(h) (h) The community development finance company shall transfer to the department any proceeds that the company receives from equity investments made by the community development finance company under s. 234.965, 1991 stats.
560.20 History History: 1989 a. 342; 1989 a. 359 s. 382; 1993 a. 437.
subch. III of ch. 560 SUBCHAPTER III
PERMIT INFORMATION AND REGULATORY ASSISTANCE BUREAU
560.41 560.41 Definitions. In this subchapter:
560.41(1) (1) "Bureau" means the permit information and regulatory assistance bureau in the department.
560.41(2) (2) "Permit" means any approval of a regulatory agency required as a condition of operating a business in this state.
560.41(3) (3) "Regulatory agency" means any state agency responsible for granting a permit.
560.41 History History: 1983 a. 91; 1995 a. 27.
560.42 560.42 Responsibilities.
560.42(1)(1)Permit expediting.
560.42(1)(a)(a) The bureau shall expedite the process of applying for permits, of reviewing and making determinations on permit applications and of issuing permits as follows:
560.42(1)(a)1. 1. The bureau shall discharge its responsibilities under sub. (2) in a manner designed to expedite the process.
560.42(1)(a)2. 2. Upon request by a person applying for a permit and to the extent possible, the bureau shall resolve misunderstandings between the person and the appropriate regulatory agency and shall prevent or mitigate delays in the process.
560.42(1)(a)3. 3. If the bureau determines that it is unable to resolve misunderstandings or prevent or mitigate delays under subd. 2., the bureau shall request the assistance of the secretary and the head of the appropriate regulatory agency.
560.42(1)(a)4. 4. If the bureau determines that the secretary and head of the appropriate regulatory agency are unable to resolve misunderstandings or prevent or mitigate delays under subd. 3., the bureau shall request the assistance of the governor.
560.42(1)(b) (b) The bureau shall give priority to businesses new to this state and to businesses expanding within this state in providing assistance under par. (a).
560.42(1)(c) (c) The bureau shall maintain records identifying each person requesting assistance under par. (a) and setting forth assistance rendered and results achieved.
560.42(2) (2)Permit information.
560.42(2)(a)(a) The bureau shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:
560.42(2)(a)1. 1. Arranging a meeting between the person and the staff of the appropriate regulatory agency to enable the person to obtain information from the agency.
560.42(2)(a)2. 2. Obtaining information and permit applications from the regulatory agency and providing the information and appropriate permit applications to the person.
560.42(2)(b) (b) If a person receives assistance under this subsection and applies for a permit and if the person requests, the bureau shall monitor the status of the permit application and periodically report the status to the person.
560.42(2m) (2m)Advocacy. The bureau shall provide advocacy services before regulatory agencies on behalf of permit applicants. These services shall include all of the following:
560.42(2m)(a) (a) Monitoring the application approval process to ensure that permits are granted in the shortest amount of time possible consistent with the substantive requirements established by rule or law.
560.42(2m)(b) (b) Advocating legislative changes to improve and expedite the issuance of permits.
560.42(2r) (2r)Mediation and dispute resolution services. The bureau may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between a regulatory agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.
560.42(3) (3)Assistance by bureau.
560.42(3)(a)(a) The bureau may not charge any person for services provided under this subchapter.
560.42(3)(b) (b) The bureau may refer to the appropriate regulatory agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.
560.42(3)(c) (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the bureau under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.
560.42(3)(d) (d) The bureau shall not be liable for any consequences resulting from the failure of a regulatory agency to issue, or the failure of a person to seek, a permit.
560.42(4) (4)Promotion of assistance.
560.42(4)(a)(a) The bureau shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the bureau.
560.42(4)(b) (b) The bureau shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by regulatory agencies.
560.42(4)(c) (c) The bureau shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.
560.42(5) (5)Annual report.
560.42(5)(a)(a) Report. Annually, on or before April 1, the bureau shall submit a report containing the information required under pars. (am) and (b) to the appropriate standing committees under s. 13.172 (3).
560.42(5)(am) (am) Permit simplification. Based on the experience of the bureau in assisting persons and discussions with regulatory agencies, the bureau shall periodically submit a report containing recommendations for the legislature, governor, public records board and regulatory agencies concerning all of the following:
560.42(5)(am)1. 1. Improving permit application forms.
560.42(5)(am)2. 2. Eliminating unnecessary or duplicative permit requirements.
560.42(5)(am)3. 3. Simplifying the process of applying for permits, of reviewing and making determinations on permit applications and of issuing permits.
560.42(5)(b) (b) Record of assistance. Based on the experiences of the bureau in assisting persons and on reports received under s. 227.116 (4), the bureau shall periodically prepare information for the legislature, governor, public records board and regulatory agencies which shall include all of the following:
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