Subch. VII of ch. 560 Note
NOTE: 1989 Wis. Act 31, s.
3015 (1), contains legislative intent regarding subch. VII, which was created by Act 31.
Subch. VII of ch. 560 Cross-reference
Cross Reference: See also s.
Comm 114.01, Wis. adm. code.
560.80
560.80
Definitions. In this subchapter:
560.80(1)
(1) "Board" means the minority business development board.
560.80(2)
(2) "Development project" means the start-up of a business, or the expansion or acquisition of an existing business, that is or will be a minority business or the promotion of economic development and employment opportunities for minority group members or minority businesses.
560.80(3)
(3) "Early planning project" means the preliminary stages of considering and planning the start-up or expansion of a business that will be a minority business.
560.80(3m)
(3m) "Education and training project" means a business education and training program for minority group members and minority businesses that have received loans for working capital from an eligible recipient under
s. 560.82 (1m) (e).
560.80(4)
(4) "Eligible development project costs" means costs that, in accordance with sound business and financial practices, are appropriately incurred in connection with a development project, but does not include entertainment expenses or expenses incurred more than 6 months before the board approves a grant or loan under
s. 560.82 (1m) (b).
560.80(5)
(5) "Eligible recipient" means any of the following:
560.80(5)(a)
(a) An individual who is a minority group member and a resident of this state.
560.80(5m)
(5m) "Finance project" means financial assistance to a minority group member or a minority business described in
s. 560.82 (1m) (d) and
(e).
560.80(6)
(6) "Job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays. "Job" does not include initial training before an employment position begins.
560.80(7)
(7) "Local development corporation" means any of the following:
560.80(7)(a)
(a) The elected governing body of a federally recognized American Indian tribe or band in this state or any business created by the elected governing body.
560.80(7)(b)
(b) A corporation organized under
ch. 181 that is a nonprofit corporation as defined in
s. 181.0103 (17), that is at least 51% controlled and actively managed by minority group members and that does all of the following:
560.80(7)(b)1.
1. Operates primarily within specific geographic boundaries.
560.80(7)(b)2.
2. Promotes economic development and employment opportunities for minority group members or minority businesses within the specific geographic area.
560.80(7)(b)3.
3. Demonstrates a commitment to or experience in promoting economic development and employment opportunities for minority group members or minority businesses.
560.80(8)
(8) "Minority business" means a minority business, as defined in
s. 560.036 (1) (e), that has its principal place of business in this state.
560.80(10)
(10) "New minority business" means a minority business started as a result of an early planning project.
560.80(11)
(11) "Project" means a development project, an early planning project, a finance project, an education and training project or a revolving fund project.
560.82
560.82
Minority business grants and loans. 560.82(1g)
(1g) The department shall make a grant or loan to an eligible recipient or local development corporation under this section if the board awards a grant or loan to the eligible recipient or local development corporation under
sub. (1m).
560.82(1m)
(1m) The board may award a grant or loan under this section to any of the following:
560.82(1m)(b)
(b) Subject to
s. 560.84, an eligible recipient or local development corporation that submits application materials in a form specified by the department by rule to fund eligible development project costs.
560.82(1m)(d)
(d) Subject to
s. 560.84, a nonprofit organization or private financial institution, as defined in
s. 234.01 (5k), whether or not for profit, to fund a finance project if all of the following apply:
560.82(1m)(d)1.
1. The financial institution or nonprofit organization uses the grant proceeds for any of the following purposes:
560.82(1m)(d)1.a.
a. To make loans for working capital to minority group members and minority businesses.
560.82(1m)(d)1.b.
b. To pay origination fees or other administrative costs associated with making loans for working capital to minority group members and minority businesses.
560.82(1m)(e)
(e) Subject to
s. 560.84, the board may award a grant under this subsection to a nonprofit organization that is a minority business to fund an education and training project.
560.82(2)
(2) The board may not award a grant or loan under
sub. (1m) (a) unless the eligible recipient, as defined in
s. 560.80 (5) (a), submits an application, in a form required by the department, that contains or describes all of the following:
560.82(2)(a)
(a) Potential locations of the new minority business.
560.82(2)(b)
(b) The ownership structure of the new minority business.
560.82(2)(c)
(c) The product or service provided by the new minority business.
560.82(2)(d)
(d) The market for the product or service described in
par. (c).
560.82(2)(f)
(f) Any competitive advantages of the new minority business.
560.82(2)(g)
(g) The eligible recipient's estimate of the gross revenue of the new minority business over a period specified by the department.
560.82(2)(h)
(h) The process for manufacturing the product, or providing the services, of the new minority business.
560.82(2)(i)
(i) An estimate of the number of jobs that will be created by the new minority business.
560.82(2)(j)
(j) The eligible recipient's experience and training.
560.82(2)(k)
(k) The eligible recipient's estimate of the profit that will be generated by the new minority business over a period specified by the department.
560.82(2)(L)
(L) The eligible recipient's estimate of the capital required to complete the early planning project.
560.82(2)(m)
(m) Potential sources of financing for the early planning project.
560.82(2)(n)
(n) Any other information that the department requests.
560.82(2g)
(2g) The board may award a grant or loan under this subsection to a local development corporation if all of the following apply:
560.82(2g)(a)
(a) The local development corporation agrees to use the proceeds of grants or loans under this section for any of the following:
560.82(2g)(a)1.
1. To make grants or loans not exceeding $50,000 each to eligible recipients to fund eligible development project costs.
560.82(2g)(a)2.
2. To create, expand or continue a revolving fund program that is operated by the local development corporation and that benefits or will benefit minority businesses or minority group members who are residents of this state.
560.82(2g)(c)
(c) The local development corporation submits an application, or other materials, in a form specified by the department by rule.
560.82(3)
(3) An eligible recipient, as defined in
s. 560.80 (5) (a), who receives a grant or loan under
sub. (1m) (a) or s.
560.835 (6), 2001 stats., may only use the proceeds of the grant for the following purposes:
560.82(4)
(4) The board may not do any of the following:
560.82(4)(a)
(a) Award in a fiscal biennium, for grants or loans under
sub. (1m) (a), more than 25% of the total of all of the following:
560.82(4)(a)2.
2. The lesser of the funds received in a fiscal biennium in repayment of grants or loans under s.
560.83, 2005 stats., and this section or the funds appropriated for the fiscal biennium under
s. 20.143 (1) (im).
560.82(4)(b)
(b) Award in a fiscal biennium to any one eligible recipient, as defined in
s. 560.80 (5) (a), or for any one early planning project, grants or loans under
sub. (1m) (a) that total more than $15,000.
560.82(4)(c)
(c) Award in any fiscal biennium, to any one eligible recipient or local development corporation or for any one development project, grants or loans under
sub. (1m) (b) that total more than $100,000 in a fiscal biennium.
560.82(4)(d)
(d) Award, in any fiscal year to any one local development corporation, grants or loans under
sub. (1m) (c) that total more than $200,000.
560.82(5)
(5) If the board awards a grant or loan under
sub. (1m) (a), the department may contract directly with and pay grant or loan proceeds directly to any person providing technical or management assistance to the grant or loan recipient.
560.84
560.84
General criteria. 560.84(1)(1) The board may not award a grant or loan for a project under this subchapter unless, after considering the application or other material submitted by the eligible recipient or local development corporation, the board determines all of the following:
560.84(1)(b)1.1. If an early planning project, that the project will increase employment in this state.
560.84(1)(b)2.
2. If a development project, that the project will retain or increase employment in this state.
560.84(1)(c)
(c) That the project is not likely to occur without the grant or loan.
560.84(1)(d)
(d) That financing is unavailable from any other source on reasonably equivalent terms.
560.84(1)(e)
(e) That the eligible recipient or local development corporation receiving the grant or loan will contribute, from a source or sources other than the state, whichever of the following applies:
560.84(1)(e)1.
1. For grants funding early planning projects under
s. 560.82 (1m) (a), not less than 25% of the cost of the project. Up to 50% of the contribution under this subdivision may be in the form of the in-kind services of a qualified 3rd party or qualified 3rd parties. The department shall determine what services may be used as in-kind contributions and whether a 3rd party is qualified, for purposes of this subdivision.
560.84(1)(e)2.
2. For grants and loans funding development projects, a cash contribution of not less than 25% of the cost of the project.
560.84(1)(e)3.
3. For a grant or loan funding a revolving fund project, a cash contribution of not less than 50% of the cost of the project.
560.84(1)(g)
(g) That funds from the grant or loan will not be used to replace funds from any other source.
560.84(1)(h)
(h) That the project will not displace workers in this state.
560.84(1)(i)
(i) That the project has sufficient potential to be profitable.
560.84(1)(im)
(im) If a development project, that the project has the potential to promote economic development and employment opportunities for minority group members or minority businesses.
560.84(1)(j)
(j) If a development project, finance project, or education and training project, that funds from the grant or loan will not be used to refinance existing debt.
