16.287(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.
16.287(2)
(2) Minority business, adviser and firm certification. 16.287(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.
16.287(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.
16.287(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).
16.287(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:
16.287(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).
16.287(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.
16.287(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.
16.287(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.
16.287(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.
16.287(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.
16.287(3)(a)(a) The department shall promulgate rules establishing procedures to implement
sub. (2).
16.287(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.
16.287 Cross-reference
Cross-reference: See also ch.
Adm 84, Wis. adm. code.
16.29
16.29
Technical assistance. 16.29(1)
(1) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under
s. 20.505 (1) (kx) to partially fund a program to provide technical assistance for economic development on Indian reservations if the conditions under
subs. (2) and
(3) are satisfied.
16.29(2)(a)(a) As a condition of receiving a grant under
sub. (1), the Great Lakes inter-tribal council shall establish a technical assistance program.
16.29(2)(b)
(b) The program shall provide technical assistance to all of the following businesses:
16.29(2)(b)2.
2. An Indian business that is located on an Indian reservation.
16.29(2)(b)3.
3. An Indian business that is not located on an Indian reservation but that directly benefits the economy of an Indian reservation.
16.29(2)(c)
(c) The program shall provide the following types of technical assistance:
16.29(2)(c)2.
2. Start-up assistance to new businesses, including the development of business and marketing plans and assistance in securing development financing.
16.29(2)(c)3.
3. Technical assistance to new and existing businesses in gaining access to tribal, state and federal business assistance and financing programs.
16.29(2)(d)
(d) The program may not provide technical assistance for a commercial gaming and gambling activity.
16.29(3)
(3) As a condition of receiving a grant under
sub. (1), the Great Lakes inter-tribal council annually shall prepare a report on the technical assistance program under
sub. (2) and submit the report to the department.
16.29 History
History: 1991 a. 39,
261;
1995 a. 27;
1999 a. 9;
2011 a. 32 s.
3442m; Stats. 2011 s. 16.29.
16.301 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation pending.
16.301(1)
(1) "Community-based organization" means an organization operating in a specific geographic area that is organized primarily to provide housing opportunities for persons or families of low or moderate income, and that is one of the following:
16.301(1)(c)
(c) A federally recognized American Indian tribe or band in this state or an entity established by a federally recognized American Indian tribe or band.
16.301(2)
(2) "Housing authority" means any of the following:
16.301(2)(b)
(b) A redevelopment authority or housing and community development authority exercising the powers of a housing authority under
s. 66.1333 (3) or
66.1335 (4).
16.301(2)(c)
(c) A housing authority organized by the elected governing body of a federally recognized American Indian tribe or band in this state.
16.301(3)
(3) "Housing costs" means whichever of the following applies:
16.301(3)(a)
(a) For housing occupied by the owner, any of the following:
16.301(3)(a)1.
1. The principal and interest on a mortgage loan that finances the purchase of the housing.
16.301(3)(a)2.
2. Closing costs and other costs associated with a mortgage loan.
16.301(3)(a)7.
7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.
16.301(6)
(6) "Utility-related costs" means costs related to power, heat, gas, light, water and sewerage.
16.301 History
History: 1989 a. 31;
1991 a. 39;
1995 a. 201;
1997 a. 79;
1999 a. 150 s.
672;
2003 a. 33 s.
151; Stats. 2003 s. 560.9801;
2005 a. 441;
2011 a. 32 s.
3450m; Stats. 2011 s. 16.301.
16.301 Cross-reference
Cross-reference: See also ch.
Adm 89, Wis. adm. code.
16.302
16.302
State housing strategy plan. 16.302(1)(a)(a) The department shall prepare a comprehensive 5-year state housing strategy plan. The department shall submit the plan to the federal department of housing and urban development.
16.302(1)(b)
(b) In preparing the plan, the department may obtain input from housing authorities, community-based organizations, the private housing industry and others interested in housing assistance and development.
16.302(2)
(2) The state housing strategy plan shall include all of the following:
16.302(2)(a)
(a) A statement of housing policies and recommendations.
16.302(2)(b)
(b) An evaluation and summary of housing conditions and trends in this state, including housing stock and housing cost analyses, general population and household composition demographic analyses and housing and demographic forecasts.
16.302(2)(c)
(c) An evaluation of housing assistance needs, based in part on the evaluation under
par. (b).
16.302(2)(d)
(d) A discussion of major housing issues, including housing production, housing and neighborhood conservation, housing for persons with special needs, fair housing and accessibility and housing affordability.
16.302(2)(e)
(e) Housing policies that set the general framework for this state's housing efforts.
16.302(2)(f)
(f) Strategies for utilizing federal funding and for coordinating federal and state housing efforts.
16.302(2)(g)
(g) Specific recommendations for public and private action that contribute to the attainment of housing policies under the plan.
16.302(2)(h)
(h) Strategies and specific recommendations for public and private action that will facilitate the inclusion of bicycle-oriented and pedestrian-oriented design in residential developments and mixed-use developments that include residential elements.
16.302(3)
(3) The department shall annually update the state housing strategy plan.
16.302(4)
(4) Before October 1 of each year, the department shall submit the state housing strategy plan to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2).
16.302 History
History: 1991 a. 39;
1997 a. 27;
2003 a. 33 s.
152; Stats. 2003 s. 560.9802;
2009 a. 351;
2011 a. 32 s.
3451m; Stats. 2011 s. 16.302.
16.303
16.303
Housing cost grants and loans. 16.303(1)
(1) The department shall do all of the following:
16.303(1)(a)
(a) Subject to
sub. (2), make grants or loans, directly or through agents designated under
s. 16.304, from the appropriation under
s. 20.505 (7) (b) to persons or families of low or moderate income to defray housing costs of the person or family.
16.303(1)(b)
(b) Determine the rate of interest, repayment terms or any other term of a loan made under this section.
16.303(1)(c)
(c) Set minimum standards for housing that is occupied by a person or family of low or moderate income who receives a grant or loan under this section.
16.303(2)
(2) In connection with grants and loans under
sub. (1), the department shall do all of the following:
16.303(2)(a)
(a) Base the amount of the grant or loan on the ratio between the recipient's housing costs and income.
16.303(2)(c)
(c) Ensure that the funds for the grants and loans are reasonably balanced among geographic areas of this state.
16.303(2)(d)
(d) Ensure that the funds for the grants and loans are reasonably balanced among the varying housing needs of persons or families of low or moderate income.
16.303(2)(e)
(e) Give priority for grants and loans to all of the following:
16.303(2)(e)5.
5. Families in which at least one minor child but only one parent live together.
