16.25(4)(b)
(b) The board may contract with any individual or organization in the private sector that seeks to provide administrative services and investment plans required for the program, other than services funded from the appropriation under
s. 20.505 (4) (ec), if the individual or organization fulfills the requirements and has the qualifications established by the board under
par. (a).
Section 16.72 (2) (b) does not apply to any such contract.
16.25(5)
(5) The board shall establish by rule a process by which a volunteer fire fighter, first responder, or emergency medical technician may appeal to the board any decision made by the department or by an individual or organization under contract with the board under
sub. (4) that affects a substantial interest of the volunteer fire fighter, first responder, or emergency medical technician under the program.
16.25(6)
(6) Annually, on or before December 31, the board shall submit a report to the chief clerk of each house of the legislature under
s. 13.172 (2) describing the activities of the board.
16.25 Cross-reference
Cross-reference: See also ch.
VFF-EMT 1, Wis. adm. code.
16.255
16.255
College savings program vendor. 16.255(1)
(1) The department shall determine the factors to be considered in selecting a vendor of the program under
s. 16.641, which shall include:
16.255(1)(a)
(a) The person's ability to satisfy record-keeping and reporting requirements.
16.255(1)(b)
(b) The fees, if any, that the person proposes to charge account owners.
16.255(1)(c)
(c) The person's plan for promoting the college savings program and the investment that the person is willing to make to promote the program.
16.255(1)(d)
(d) The minimum initial contribution or minimum contributions that the person will require.
16.255(1)(e)
(e) The ability and willingness of the person to accept electronic contributions.
16.255(1)(f)
(f) The ability of the person to augment the college savings program with additional, beneficial services related to the program.
16.255(2)
(2) The department shall solicit competitive sealed proposals under
s. 16.75 (2m) from nongovernmental persons to serve as vendor of the college savings program. The department shall select the vendor based upon factors determined by the department under
sub. (1).
16.255(3)
(3) The contract between the department and the vendor shall ensure all of the following:
16.255(3)(a)
(a) That the vendor reimburses the state for all administrative costs that the state incurs for the college savings program.
16.255(3)(b)
(b) That a firm of certified public accountants selected by the vendor annually audits the college savings program and provides a copy of the audit to the college savings program board.
16.255(3)(c)
(c) That each account owner receives a quarterly statement that identifies the contributions to the college savings account during the preceding quarter, the total contributions to and the value of the college savings account through the end of the preceding quarter and any distributions made during the preceding quarter.
16.255(3)(d)
(d) That the vendor communicate to the beneficiary and account owner the requirements of
s. 16.641 (8).
16.255 History
History: 1999 a. 44;
2001 a. 38 s.
12;
2011 a. 32.
16.26
16.26
Weatherization assistance. Notwithstanding
s. 16.54 (2) (a), the department shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended,
42 USC 6861 to
6873. The department shall administer the funds in accordance with
42 USC 6861 to
6873 and regulations adopted under
42 USC 6861 or
6873.
16.26 History
History: 1991 a. 39;
1995 a. 27,
289,
432;
2003 a. 33 s.
163; Stats. 2003 s. 16.26.
16.27
16.27
Low-income energy assistance. 16.27(1)
(1)
Definitions. In this section:
16.27(1)(am)
(am) "Crisis assistance" means a benefit that is given to a household experiencing or at risk of experiencing a heating-related emergency.
16.27(1)(b)
(b) "Dwelling" means the residence of a low-income warm room program volunteer.
16.27(1)(bm)
(bm) "Heating assistance" means a benefit, other than crisis assistance, that is given to a household to assist in meeting the cost of home heating.
16.27(1)(c)
(c) "Household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.
16.27(1)(d)
(d) "Low-income warm room program materials" include a removable, insulated radiator blanket, a portable remote control thermostat and other cost-efficient materials or repairs necessary to achieve maximum heating efficiency in a dwelling.
16.27(1)(e)
(e) "Low-income warm room program volunteer" means a person who is eligible for assistance under
42 USC 8621 to
8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under
42 USC 8621 to
8629, has a high ratio of space to occupant, and who volunteers to take the training under
sub. (2) (b) and to cooperate with the department in the installation and operation of low-income warm room program materials in his or her dwelling.
16.27(1)(em)
(em) "Utility allowance" means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority.
16.27(2)(a)(a) The department shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under
42 USC 8621 to
8629.
16.27(2)(b)
(b) The department shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.
16.27(3)(b)
(b) By October 1 of every year from the appropriation under
s. 20.505 (1) (mb), determine the total amount available for payment of heating assistance under
sub. (6) and determine the benefit schedule.
16.27(3)(c)
(c) From the appropriation under
s. 20.505 (1) (mb), allocate $1,100,000 in each federal fiscal year for the department's expenses in administering the funds to provide low-income energy assistance.
16.27(3)(d)
(d) From the appropriation under
s. 20.505 (1) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under
sub. (4) the funds to provide low-income energy assistance.
16.27(3)(e)1.
1. Allocate and transfer to the appropriation under
s. 20.505 (1) (n), 15% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under
s. 16.26.
16.27(3)(e)3.
3. Except as provided under
subd. 6., allocate the balance of funds received under
42 USC 8621 to
8629 in a federal fiscal year, after making the allocations under
pars. (c) and
(d) and
subd. 1., for the payment of heating assistance or for the payment of crisis assistance under
sub. (6).
16.27(3)(e)6.
6. If federal funds received under
42 USC 8621 to
8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under
s. 16.54 (2) (b).
16.27(3)(e)7.
7. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under
sub. (6) or to the weatherization assistance program under
s. 16.26.
16.27(4)(a)(a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under
s. 46.215 (1) (n) or
46.22 (1) (b) 4m. a. to
e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.
16.27(4)(b)
(b) If by February 1 of any year the number of households applying under
par. (a) substantially exceeds the number anticipated, the department may reduce the amounts of payments made under
sub. (6) made after that date. The department may suspend the processing of additional applications received until the department adjusts benefit amounts payable.
16.27(5)
(5) Eligibility. Subject to the requirements of
subs. (4) (b) and
(8), the following shall receive low-income energy assistance under this section:
16.27(5)(b)
(b) A household with income which is not more than 60 percent of the statewide median household income.
16.27(5)(c)
(c) A household entirely composed of persons receiving aid to families with dependent children under
s. 49.19, food stamps under
7 USC 2011 to
2036, or supplemental security income or state supplemental payments under
42 USC 1381 to
1383c or
s. 49.77.
16.27(5)(d)
(d) A household with income within the limits specified under
par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state or the federal government in which a utility allowance is applied to determine the amount of rent or the amount of the subsidy.
16.27(5)(e)
(e) A household that is not eligible under
par. (c) that includes at least one person who is eligible for food stamps under
7 USC 2011 to
2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding
sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.
16.27(6)
(6) Benefits. Within the limits of federal funds allocated under
sub. (3) and subject to the requirements of
sub. (4) (b) and
s. 16.54 (2) (b), heating assistance shall be paid under this section according to a benefit schedule established by the department based on household income, family size and energy costs.
16.27(7)
(7) Individuals in state prisons or secured juvenile facilities. No payment under
sub. (6) may be made to a prisoner who is imprisoned in a state prison under
s. 302.01 or to a person placed at a juvenile correctional facility, as defined in
s. 938.02 (10p), or a secured residential care center for children and youth, as defined in
s. 938.02 (15g).
16.27(8)
(8) Crisis assistance program. A household eligible for heating assistance under
sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department may delegate a portion of its responsibility under this subsection to a county department under
s. 46.215 or
46.22 or to another local governmental agency or a private nonprofit organization.
16.27(9)
(9) Notice of utility disconnection required. Any public utility, as defined in
s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.
16.28
16.28
Office of business development. 16.28(1)
(1) The office of business development shall provide administrative support to the small business regulatory review board and shall perform other functions determined by the secretary.
16.28(2)
(2) The deputy director of the office shall be appointed by the governor to serve at his or her pleasure.
16.28 History
History: 2011 a. 32.
16.283
16.283
Disabled veteran-owned businesses. 16.283(1)
(1)
Definitions. In this section, unless the context requires otherwise:
16.283(1)(a)
(a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.
16.283(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):
16.283(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.
16.283(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.
16.283(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).
16.283(1)(f)
(f) "Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.
16.283(2)
(2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses certified under this section.
16.283(3)
(3) Disabled veteran-owned business, financial adviser, and investment firm certification. 16.283(3)(a)(a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.
16.283(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:
16.283(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.
16.283(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.
16.283(3)(b)3.
3. The business, financial adviser, or investment firm has its principal place of business in this state.
16.283(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.
16.283(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.
16.283(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.
16.283(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.
16.283(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.
16.283(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.
16.283(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.
16.283(4)
(4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.
16.283 History
History: 2009 a. 299 s.
100;
2011 a. 32 s.
3317; Stats. 2011 s. 16.283.
