560.01(2)(b)
(b)
Regulation of industry, buildings and safety. The department shall administer and enforce laws regulating industry, safety and buildings under
chs. 101,
107,
145 and
168 and
ss. 32.19 to
32.27,
167.10, and
167.27 and as otherwise provided by statute.
560.01(3)
(3) Foreign office agreements. The department may enter into agreements regarding compensation, space and other administrative matters as are necessary to operate departmental offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.
560.01 Cross-reference
Cross-reference: See also
Comm, Wis. adm. code.
560.02
560.02
Secretary. The secretary shall:
560.02(1)
(1) Direct the execution of the statutory duties and powers assigned to the department and shall advise the governor and legislature on matters regarding economic growth and development and community development in the state.
560.02(2)
(2) Appoint the administrators for the various divisions of the department subject to
s. 230.08 (4) (a). Administrators appointed under the unclassified service shall serve at the pleasure of the secretary.
560.02(3)
(3) Delegate any of his or her powers and duties to such officers and employees of the department as he or she designates, and may authorize successive redelegations of such powers and duties.
560.02(4)
(4) Submit and adopt all necessary plans; enter into contracts; accept gifts, grants and federal funds; make rules and do all things necessary and proper to carry out this chapter.
560.03
560.03
Business and industrial development. The department shall foster, encourage and advocate economic development programs designed to broaden and strengthen the economy of the state, and it shall provide specific leadership in the following instances among others:
560.03(1)
(1) Support and assist the efforts of local business and industry, local government, state, regional and local development corporations, industrial committees, chambers of commerce, labor organizations and other similar public and private agencies to foster expansion of existing agricultural, commercial, industrial and mining enterprises, and initiate efforts to attract new enterprises, including working jointly with the department of agriculture, trade and consumer protection to develop deer farming under
s. 93.46 (1) (am).
560.03(2)
(2) Identify for the governor's attention those significant business and industrial problems which may be relieved by state action.
560.03(3)
(3) Assist in the formulation and implementation of integrated economic and community development programs for northern Wisconsin and other areas or regions of the state and cooperate with and provide technical assistance to any organizations created for the purpose of aiding and encouraging an orderly, productive and coordinated development of the state.
560.03(4)
(4) Assist in the formulation and development of a more intensive program to aid and expand the mining industry.
560.03(4m)
(4m) Provide, to communities in northern Wisconsin that are affected by mining, technical assistance with planning to diversify their economies.
560.03(5)
(5) Provide advice and assistance to Wisconsin business and labor.
560.03(6)
(6) Locate and maintain information on prime industrial sites, together with recommendations for developing and preserving such sites.
560.03(7)
(7) Perform such other functions as the governor may direct to aid in the industrial development of the state.
560.03(8)
(8) Help local units of government to plan and initiate development projects.
560.03(9)
(9) Establish and operate a small business ombudsman clearinghouse for business and industry to facilitate the flow of information from other state and federal agencies, to assist state agencies in establishing methods to encourage the participation of small businesses in rule making under
s. 227.114 (4) and to serve as ombudsman for small business stationary sources, as defined in
s. 285.79 (1), in connection with the implementation of the federal clean air act,
42 USC 7401 to
7671q. The department shall assign one full-time employee of the small business ombudsman clearinghouse to provide assistance to businesses as specified under
s. 560.42 (1m).
560.03(10)
(10) Explore the feasibility of new programs which will address, but not be limited to, the following areas of concern:
560.03(10)(a)
(a) The capital development financing needs of business, industrial and agricultural enterprises.
560.03(10)(b)
(b) The creation of job opportunities in inner cities and other economically depressed areas.
560.03(10)(c)
(c) Credit assistance for business and economic development.
560.03(10)(d)
(d) Optimum utilization of federal programs designed to encourage and aid economic development.
560.03(10)(e)
(e) The potential of a program to promote and encourage inventions and technological innovations.
560.03(11)
(11) Prepare and maintain comprehensive plans for the dynamic development of the economy of each area of the state in cooperation with representatives of the area.
560.03(16)
(16) Publish and distribute a list of all aid programs and services made available by this state to its communities. The department shall charge and collect a fee to cover the cost of publication and distribution under this subsection.
560.03(17)
(17) Assist new businesses and small businesses receiving economic development loans under
s. 234.65 (1) (a) or the assistance of the Wisconsin Housing and Economic Development Authority in locating sources of venture capital and in obtaining the state and federal licenses and permits necessary for business operations.
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 an office of regulatory assistance 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;
2009 a. 28,
265.
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.
560.033
560.033
Reallocation of limitation on recovery zone facility bonds. 560.033(1)(1)
Reallocation. The department, by rule, shall establish under
26 USC 1400U-1 (a) (3) (A) and administer a system for the reallocation of the waived allocation, waived as required under
s. 66.1104 (2), of the limitation on the issuance of recovery zone facility bonds, as defined under
26 USC 1400U-3 (b) (1), among authorities, as defined in
s. 66.1104 (1) (a), and local governmental units, as defined in
s. 66.1104 (1) (b).
560.033(2)
(2) Amendment to reallocation. At any time, the department may promulgate rules to revise the reallocation system established under
sub. (1), except that any revision under this subsection does not apply to any reallocation under which the recipient of that reallocation has adopted a resolution authorizing the issuance of a recovery zone facility bond, as defined in
26 USC 1400U-3 (b) (1).
560.033(3)
(3) Conditions. Subject to
sub. (5), the department may, by rule, establish any procedure for, and place any condition upon, the granting of a reallocation 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 a reallocation.
560.033(4)
(4) Consideration of alternative financing; reallocation. Before making a reallocation under this section, the department shall consider the availability of qualified Midwestern disaster area bonds, as defined under
26 USC 1400N (a), as modified by
P.L. 110-343, title VII, subtitle A, section 702 (d)
(intro.) and (1), as an alternative source of financing for a project for which the issuance of recovery zone facility bonds, as defined in
26 USC 1400U-3 (b) (1), are sought, and shall ensure that sufficient unallocated bonding authority remains to comply with
s. 66.1104 (2) (e).
560.033(5)
(5) Consideration of waiver; reallocation. For a reallocation made under this section after March 1, 2010, but before June 1, 2010, before making the reallocation, the department shall consider the amount of recovery zone bond limitation allocation waived under
s. 66.1104 (2) (a) or
(b) by each city or county then seeking a reallocation under this section. The department shall reallocate from the aggregated waived allocation, as that term is used in
sub. (1), an allocation of the recovery zone bond limitation to a project in a city or county that waived an allocation under
s. 66.1104 (2) (a) or
(b) in an amount up to the total limitation allocation waived by the city or county or equal to the limitation allocation determined by the city or county to be necessary for the project, whichever is less. In the event requests by cities and counties for a reallocation under this section exceed the aggregated waived allocation, the department shall prorate the available waived allocation among cities and counties in proportion to the amount waived by the cities and counties.
560.033(5m)
(5m) Availability of records. With regard to a letter addressed to the department from a prospective purchaser of a recovery zone bond, as described in
s. 66.1104 (2) (a) 2., the name of any business or prospective bond purchaser named in the letter is not subject to the right of inspection or copying under
s. 19.35 (1) before the first day of the 3rd month beginning after the letter is received by the department.
560.033 History
History: 2009 a. 112.
560.033 Cross-reference
Cross-reference: See also ch.
Comm 137, Wis. adm. code.
560.0335
560.0335
Disabled veteran-owned businesses. 560.0335(1)(1)
Definitions. In this section, unless the context requires otherwise:
560.0335(1)(a)
(a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.
560.0335(1)(b)
(b) "Disabled veteran" means a person who is verified by the department of veterans affairs as being all of the following at the time the person applies for certification under
sub. (3):
560.0335(1)(b)3.
3. A person who is in receipt of an award from the U.S. department of veterans affairs of a service-connected disability rating under
38 USC 1114 or
1134 of at least 30 percent.
560.0335(1)(d)
(d) "Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
560.0335(1)(e)
(e) "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).
560.0335(1)(f)
(f) "Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.
560.0335(2)
(2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses certified under this section.
560.0335(3)
(3) Disabled veteran-owned business, financial adviser, and investment firm certification. 560.0335(3)(a)(a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.
560.0335(3)(b)
(b) 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:
560.0335(3)(b)1.
1. One or more disabled veterans owns not less than 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 disabled veterans owns not less than 51 percent of the stock of the business, financial adviser, or investment firm.
560.0335(3)(b)2.
2. One or more disabled veterans or one or more duly authorized representatives of one or more disabled veterans controls the management and daily business operations of the business, financial adviser, or investment firm.
560.0335(3)(b)3.
3. The business, financial adviser, or investment firm has its principal place of business in this state.
560.0335(3)(b)4.
4. 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.
560.0335(3)(c)
(c) The department may charge each business, financial adviser, or investment firm applying for certification under this section a fee to cover the department's expenses in making the certification determination.
560.0335(3)(d)
(d) If a business, financial adviser, or investment firm fails to provide the department with sufficient information to enable the department to conduct an investigation 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.
560.0335(3)(e)1.1. 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.
560.0335(3)(e)2.
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 departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
560.0335(3)(e)3.
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 departments of administration and transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
560.0335(3)(f)
(f) The business, financial adviser, or investment firm may, within 30 days after a notice is sent under
par. (e) 2. or
3., appeal in writing to the secretary. If the business, financial adviser, or investment firm does not submit an appeal under this paragraph, the department shall immediately decertify the business, financial adviser, or investment firm. If an appeal is submitted under this paragraph, 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. A business, financial adviser, or investment firm decertified under this paragraph 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 departments of administration and transportation with a copy of the final written decision regarding certification under this paragraph.
560.0335(4)
(4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.
560.0335 Note
NOTE: This section was created as s. 560.033 by
2009 Wis. Act 299 and renumbered to s. 560.0335 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
560.0335 History
History: 2009 a. 299 s.
100; s. 13.92 (1) (bm) 2.
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.
