AB68-SSA1,56,13
12(4) Department rule making. The department shall promulgate by
13administrative rule procedures to implement this section.
AB68-SSA1,111
14Section
111. 16.289 of the statutes is created to read:
AB68-SSA1,56,17
1516.289 Disability-owned businesses.
(1) Definitions. (a) “Business"
16means a sole proprietorship, partnership, limited liability company, joint venture, or
17corporation.
AB68-SSA1,56,1818
(b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).
AB68-SSA1,56,2019
(c) “Financial adviser" means a business that serves as an adviser with regard
20to the sale of evidences of indebtedness or other obligations.
AB68-SSA1,56,2321
(d) “Investment firm" means a business that serves as a manager, comanager,
22or in any other underwriting capacity with regard to the sale of evidences of
23indebtedness or other obligations or as a broker-dealer, as defined in s. 551.102 (4).
AB68-SSA1,56,2524
(e) “Useful business function" means the provision of materials, supplies,
25equipment, or services to customers, including the state.
AB68-SSA1,57,3
1(2) Disability-owned business database. The department shall develop,
2maintain, and keep current a computer database of all businesses, financial
3advisers, and investment firms certified under this section.
AB68-SSA1,57,6
4(3) Disability-owned business, financial adviser, and investment firm
5certification. (a) Any business, financial adviser, or investment firm may apply to
6the department for certification under this section.
AB68-SSA1,57,107
(b) 1. The department shall certify a business, financial adviser, or investment
8firm under this section if, after conducting an investigation, the department
9determines that the business, financial adviser, or investment firm fulfills all of the
10following requirements:
AB68-SSA1,57,1511
a. One or more individuals with a disability own at least 51 percent of the
12business, financial adviser, or investment firm or, in the case of any publicly owned
13business, financial adviser, or investment firm, one or more individuals with a
14disability own at least 51 percent of the stock of the business, financial adviser, or
15investment firm.
AB68-SSA1,57,1816
b. One or more individuals with a disability or one or more duly authorized
17representatives of one or more individuals with a disability control the management
18and daily business operations of the business, financial adviser, or investment firm.
AB68-SSA1,57,2019
c. The business, financial adviser, or investment firm has its principal place of
20business in this state.
AB68-SSA1,57,2421
d. The business, financial adviser, or investment firm is currently performing
22a useful business function. Acting as a conduit for the transfer of funds to a business
23that is not certified under this section does not constitute a useful business function,
24unless doing so is a normal industry practice.
AB68-SSA1,58,9
12. The department may, without conducting an investigation, certify a
2business, financial adviser, or investment firm having its principal place of business
3in this state and currently performing a useful business function if the business,
4financial adviser, or investment firm is certified, or otherwise classified, as
5disability-owned business, financial adviser, or investment firm by an agency or
6municipality of this or another state, a federally recognized American Indian tribe,
7or the federal government, or by a private business with expertise in certifying
8disability-owned businesses if the business uses substantially the same procedures
9the department uses in making a determination under subd. 1.
AB68-SSA1,58,1710
(c) If a business, financial adviser, or investment firm applying for certification
11under this section fails to provide the department with sufficient information to
12enable the department to conduct an investigation under par. (b) 1. or does not
13qualify for certification under par. (b), the department shall deny the application.
14A business, financial adviser, or investment firm whose application is denied may,
15within 30 days after the date of the denial, appeal in writing to the secretary. The
16secretary shall enter his or her final decision within 30 days after receiving the
17appeal.
AB68-SSA1,58,2218
(d) 1. The department may, at the request of any state agency or on its own
19initiative, evaluate any business, financial adviser, or investment firm certified
20under this section to verify that it continues to qualify for certification. The business,
21financial adviser, or investment firm shall provide the department with any records
22or information necessary to complete the examination.
AB68-SSA1,59,223
2. If a business, financial adviser, or investment firm fails to comply with a
24reasonable request for records or information, the department shall notify the
25business, financial adviser, or investment firm and the department of
1transportation, in writing, that it intends to decertify the business, financial adviser,
2or investment firm.
AB68-SSA1,59,73
3. If, after an evaluation under this paragraph, the department determines
4that a business, financial adviser, or investment firm no longer qualifies for
5certification under this section, the department shall notify the business, financial
6adviser, or investment firm and the department of transportation, in writing, that
7it intends to decertify the business, financial adviser, or investment firm.
AB68-SSA1,59,108
(e) 1. A business, financial adviser, or investment firm receiving a notice under
9par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date
10of the notice.
AB68-SSA1,59,1311
2. If the business, financial adviser, or investment firm does not submit an
12appeal under subd. 1., the department shall immediately decertify the business,
13financial adviser, or investment firm.
AB68-SSA1,59,1814
3. If the business, financial adviser, or investment firm submits an appeal
15under subd. 1., the secretary shall enter his or her final decision, in writing, within
1630 days after receiving the appeal. If the secretary confirms the decision of the
17department, the department shall immediately decertify the business, financial
18adviser, or investment firm.
AB68-SSA1,60,219
4. A business, financial adviser, or investment firm decertified under subd. 3.
20may, within 30 days after the secretary's decision, request a contested case hearing
21under s. 227.42 from the department. If the final administrative or judicial
22proceeding results in a determination that the business, financial adviser, or
23investment firm qualifies for certification under this section, the department shall
24immediately certify the business, financial adviser, or investment firm. The
25department shall provide the business, financial adviser, or investment firm and the
1department of transportation with a copy of the final written decision regarding
2certification under this paragraph.
AB68-SSA1,60,4
3(4) Department rule making. The department shall promulgate by
4administrative rule procedures to implement this section.
AB68-SSA1,112
5Section
112. 16.29 (title) of the statutes is amended to read:
AB68-SSA1,60,6
616.29 (title)
Technical assistance
; tourism marketing.
AB68-SSA1,113
7Section
113. 16.29 (4) of the statutes is created to read:
AB68-SSA1,60,108
16.29
(4) Annually, the department shall grant to the Great Lakes inter-tribal
9council the amount appropriated under s. 20.505 (1) (kv) to fund a program to
10promote tourism featuring American Indian heritage and culture.
AB68-SSA1,114
11Section
114. 16.293 of the statutes is created to read: