AB43: Bill Text

AB43,,339 16.283 (1) (g) (intro.) “Disabled veteran” “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):

AB43,88 Section 88. 16.283 (1) (b) 1. and 2. of the statutes are renumbered 16.283 (1) (g) 1. and 2.

AB43,89 Section 89. 16.283 (1) (b) 3. of the statutes is repealed.

AB43,90 Section 90. 16.283 (2) of the statutes is amended to read:

AB43,,343 16.283 (2) Disabled veteran-owned Veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses, financial advisers, and investment firms certified under this section.

AB43,91 Section 91. 16.283 (3) (title) of the statutes is amended to read:

AB43,,345 16.283 (3) (title) Disabled veteran-owned Veteran-owned business, financial adviser, and investment firm certification.

AB43,92 Section 92. 16.283 (3) (b) 1m. a. of the statutes is amended to read:

AB43,,347 16.283 (3) (b) 1m. a. 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.

AB43,93 Section 93. 16.283 (3) (b) 1m. b. of the statutes is amended to read:

AB43,,349 16.283 (3) (b) 1m. b. 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.

AB43,94 Section 94. 16.283 (3) (b) 2m. of the statutes is amended to read:

AB43,,351 16.283 (3) (b) 2m. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m.

AB43,95 Section 95. 16.283 (3) (c) of the statutes is repealed.

AB43,96 Section 96. 16.285 (1) (a) (intro.) of the statutes is amended to read:

AB43,,354 16.285 (1) (a) (intro.) In this subsection, “woman-owned section:

AB43,,355 4. “Woman-owned business” means a sole proprietorship, partnership, limited liability company, joint venture, or corporation business that fulfills all of the following requirements:

AB43,97 Section 97. 16.285 (1) (a) 1. and 2. of the statutes are renumbered 16.285 (1) (a) 4. a. and b., and 16.285 (1) (a) 4. b., as renumbered, is amended to read:

AB43,,357 16.285 (1) (a) 4. b. It is currently performing a useful business function has its principal place of business in this state.

AB43,98 Section 98. 16.285 (1) (a) 1m., 2m., 3., 5. and 6. of the statutes are created to read:

AB43,,359 16.285 (1) (a) 1m. “Business” means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB43,,360 2m. “Financial adviser” has the meaning given in s. 16.283 (1) (d).

AB43,,361 3. “Investment firm” has the meaning given in s. 16.283 (1) (e).

AB43,,362 5. “Woman-owned financial adviser” means a financial adviser that fulfills all of the following requirements:

AB43,,363 a. It is at least 51 percent owned, controlled, and actively managed by a woman.

AB43,,364 b. It has its principal place of business in this state.

AB43,,365 6. “Woman-owned investment firm” means an investment firm that fulfills all of the following requirements:

AB43,,366 a. It is at least 51 percent owned, controlled, and actively managed by a woman.

AB43,,367 b. It has its principal place of business in this state.

AB43,99 Section 99. 16.285 (1) (b) of the statutes is amended to read:

AB43,,369 16.285 (1) (b) The department shall implement a program for the certification of woman-owned businesses, woman-owned financial advisers, and woman-owned investment firms. The department may, without conducting an investigation, certify a business currently performing a useful business function, financial adviser, or investment firm that has its principal place of business in this state as a woman-owned business, woman-owned financial adviser, or woman-owned investment firm if the business, financial adviser, or investment firm is certified, or otherwise classified, as a woman-owned business, woman-owned financial adviser, or woman-owned investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying woman-owned businesses, woman-owned financial advisers, or woman-owned investment firms if the business uses substantially the same process as the department promulgates by rule for implementing this subsection.

AB43,100 Section 100. 16.285 (1) (bm) of the statutes is repealed.

AB43,101 Section 101. 16.285 (2) of the statutes is amended to read:

AB43,,372 16.285 (2) The department shall develop, maintain, and keep current a computer database of businesses, financial advisers, and investment firms certified under sub. (1) 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. The department shall compile and periodically update a list of businesses, financial advisers, and investment firms certified under sub. (1) and make the list available to the public on the Internet.

AB43,102 Section 102. 16.287 (2) (dm) of the statutes is repealed.

AB43,103 Section 103. 16.287 (4) of the statutes is created to read:

AB43,,375 16.287 (4) Minority business database. The department shall develop, maintain, and keep current a computer database of all minority businesses, minority financial advisers, and minority investment firms certified under this section.

AB43,104 Section 104. 16.288 of the statutes is created to read:

AB43,,377 16.288 Lesbian, gay, bisexual, or transgender-owned businesses. (1) Definitions. In this section:

AB43,,378 (a) “Business” means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB43,,379 (b) “Duly authorized representative” means any person authorized in writing by the business to act on behalf of the business.

AB43,,380 (c) “Financial adviser” means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB43,,381 (d) “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).

AB43,,382 (e) “Useful business function” means the provision of materials, supplies, equipment, or services to customers, including the state.

AB43,,383 (2) Lesbian, gay, bisexual, or transgender-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB43,,384 (3) Lesbian, gay, bisexual, or transgender-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB43,,385 (b) 1. 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:

AB43,,386 a. One or more lesbian, gay, bisexual, or transgender individuals own at least 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 lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB43,,387 b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business, financial adviser, or investment firm.

AB43,,388 c. 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.

AB43,,389 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as a lesbian, gay, bisexual, or transgender-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe or band, or the federal government.

AB43,,390 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. 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.

AB43,,391 (d) 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.

AB43,,392 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 department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,,393 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 department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,,394 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB43,,395 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,,396 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., 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.

AB43,,397 4. A business, financial adviser, or investment firm decertified under subd. 3. 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 department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB43,,398 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB43,105 Section 105. 16.289 of the statutes is created to read:

AB43,,400 16.289 Disability-owned businesses. (1) Definitions. In this section:

AB43,,401 (a) “Business” means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB43,,402 (b) “Duly authorized representative” means any person authorized in writing by the business to act for the business.

AB43,,403 (c) “Financial adviser” means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB43,,404 (d) “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).

AB43,,405 (e) “Useful business function” means the provision of materials, supplies, equipment, or services to customers, including the state.

AB43,,406 (2) Disability-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB43,,407 (3) Disability-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB43,,408 (b) 1. 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:

AB43,,409 a. One or more individuals with a disability own at least 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 individuals with a disability own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB43,,410 b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business, financial adviser, or investment firm.

AB43,,411 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB43,,412 d. 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.

AB43,,413 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as disability-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe or band, or the federal government.

AB43,,414 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. 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.

AB43,,415 (d) 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.

AB43,,416 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 department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,,417 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 department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB43,,418 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB43,,419 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB43,,420 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., 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.

AB43,,421 4. A business, financial adviser, or investment firm decertified under subd. 3. 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 department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB43,,422 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB43,106 Section 106. 16.29 (title) of the statutes is amended to read:

AB43,,424 16.29 (title) Technical assistance and tourism promotion.

AB43,107 Section 107. 16.29 (1) of the statutes is renumbered 16.29 (1) (intro.) and amended to read:

AB43,,426 16.29 (1) (intro.) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.505 (1) (kx) to for the following purposes:

AB43,,427 (a) 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.