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 a business development assistance center 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.
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.
560.034
560.034
Employment impact estimates. 560.034(1)
(1) The department shall prescribe the notice forms to be used under
ss. 66.1103 (4m) (a) 1. and
234.65 (3) (a). The department shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The department shall prescribe the forms to be used under
ss. 66.1103 (4m) (b) and
234.65 (3r).
560.034(2)
(2) If the department receives a notice under
s. 66.1103 (4m) (a), the department shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
560.034(3)
(3) If the department receives a notice under
s. 234.65 (3) (a), the department shall estimate, no later than 20 days after receipt of the notice, whether the project which is the subject of the notice is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
560.034(5)
(5) The department shall issue an estimate made:
560.034(5)(a)
(a) Under
sub. (2), to the city, village or town which will issue the bonds to finance the project which is the subject of the estimate.
560.034(5)(b)
(b) Under
sub. (3), to the Wisconsin Housing and Economic Development Authority.
560.035
560.035
Woman-owned businesses; certification; database. 560.035(1)(a)(a) In this subsection, "woman-owned business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that fulfills all of the following requirements:
560.035(1)(a)1.
1. It is at least 51 percent owned, controlled, and actively managed by a woman.
560.035(1)(a)2.
2. It is currently performing a useful business function in this state.
560.035(1)(b)
(b) The department shall implement a program for the certification of woman-owned businesses. The department shall compile and periodically update a list of businesses certified under this section and shall make the list available to the public on the Internet.
560.035(1)(bm)
(bm) The department may charge an applicant for certification under this subsection a processing fee of not more than $50.
560.035(1)(c)
(c) The department shall promulgate rules necessary to implement this subsection.
560.035(2)
(2) The department shall develop, maintain and keep current a computer database of 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.
560.035 Cross-reference
Cross Reference: See also ch.
Comm 104, Wis. adm. code.
560.036
560.036
Minority businesses. 560.036(1)(a)
(a) "American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
560.036(1)(b)
(b) "Asian-Indian" means a person whose ancestors originated in India, Pakistan or Bangladesh.
560.036(1)(c)
(c) "Black" means a person whose ancestors originated in any of the black racial groups of Africa.
560.036(1)(d)
(d) "Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
560.036(1)(e)1.1. "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills both of the following requirements:
560.036(1)(e)1.a.
a. It is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under
8 USC 1101 (a) (20).
560.036(1)(ep)
(ep) "Minority financial adviser" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
560.036(1)(ep)1.
1. It is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under
8 USC 1101 (a) (20).
560.036(1)(ep)2.
2. It serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
560.036(1)(f)
(f) "Minority group member" means any of the following:
560.036(1)(fm)
(fm) "Minority investment firm" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
560.036(1)(fm)1.
1. It is at least 51% owned, controlled and actively managed by a minority group member or members who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under
8 USC 1101 (a) (20).
560.036(1)(fm)2.
2. It 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).
560.036(1)(g)
(g) "Person of Asian-Pacific origin" means a person whose ancestors originated in Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific or the Northern Marianas.
560.036(1)(h)
(h) "Useful business function" means the provision of materials, supplies, equipment or services to customers in addition to this state. Acting as a conduit to transfer funds to a nonminority business does not constitute a useful business function, unless doing so is a normal industry practice.
560.036(2)
(2) Minority business, adviser and firm certification. 560.036(2)(a)(a) For the purposes of
ss. 16.75 (3m),
16.855 (10m),
16.87 (2),
18.16,
18.64,
18.77,
25.185,
119.495 (2),
200.57,
231.27 and
234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.
560.036(2)(b)
(b) 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 minority business under
sub. (1) and any rules promulgated under
sub. (3) (c). A determination that a business qualifies as a minority business may not be based on the number of minority group members employed by the business.
560.036(2)(c)
(c) 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 minority business by an agency of this or another state or the federal government, or by a private business with expertise in certifying minority businesses if the private business uses substantially the same procedures as those used by the department in making a determination under
par. (b).
560.036(2)(d)1.1. 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 a condition specified under
par. (b) or
(c) and if either of the following conditions exists:
560.036(2)(d)1.a.
a. The state in which the business is incorporated or has its principal place of business has a statutory minority 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. (b).
560.036(2)(d)1.b.
b. The department determines that, with respect to a specified type of supply, material, equipment or service, there are not enough certified minority business suppliers in this state to enable this state to achieve compliance with
ss. 16.75 (3m),
16.855 (10m),
16.87 (2) and
25.185.
560.036(2)(dm)
(dm) The department may charge each business applying for certification under
par. (d) a fee to cover the department's expenses in making the certification determination.
560.036(2)(e)
(e) 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. (b),
(c) or
(d), 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.
560.036(2)(f)
(f) The department may, at the request of any state agency, or at its own discretion, examine any certified business 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.
560.036(2)(g)
(g) If the department, after an examination under
par. (f), determines that a business does not qualify as a minority business, the department shall notify the business and the departments of administration and transportation 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 minority business, the department shall immediately certify the business.
560.036(3)(a)(a) The department shall promulgate rules establishing procedures to implement
sub. (2).
560.036(3)(c)
(c) The department may promulgate rules establishing conditions with which a business, financial adviser or investment firm must comply to qualify for certification, in addition to the qualifications specified under
sub. (1) (e),
(ep) and
(fm), respectively.
560.036 Cross-reference
Cross Reference: See also s.
Comm 105.01, Wis. adm. code.
560.037
560.037
Women's business initiative corporation grants. 560.037(1)(1) Subject to
sub. (3), the department may make grants from the appropriation under
s. 20.143 (1) (fg) to the women's business initiative corporation to fund its operating costs if all of the following apply:
560.037(1)(a)
(a) The women's business initiative corporation submits a plan to the department for each grant detailing the proposed use of the grant and the secretary approves the plan.
560.037(1)(b)
(b) The women's business initiative corporation enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.
560.037(1)(c)
(c) The women's business initiative corporation agrees in writing to provide services to individuals throughout the state.
560.037(1)(d)
(d) The women's business initiative corporation agrees in writing to submit to the department the report required under
sub. (2) by the time required under
sub. (2).
560.037(2)
(2) If the women's business initiative corporation receives a grant under this section, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.
560.037(3)
(3) The department may not make grants under
sub. (1) that exceed $125,000 in total in any year.
