AB733: Bill Text

AB733,10,14 16.528 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

AB733, s. 20 Section 20. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,10,25 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

AB733, s. 21 Section 21. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,11,8 16.54 (9) (a) 1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

AB733, s. 22 Section 22. 16.765 (1) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,11,22 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB733, s. 23 Section 23. 16.765 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,12,18 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB733, s. 24 Section 24. 16.765 (5) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,13,13 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB733, s. 25 Section 25. 16.765 (6) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,13,25 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB733, s. 26 Section 26. 16.765 (7) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,14,14 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB733, s. 27 Section 27. 16.765 (7) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,14,24 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

AB733, s. 28 Section 28. 16.765 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,15,22 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Seed Fund Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

AB733, s. 29 Section 29. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,16,11 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, 239, or 279.

AB733, s. 30 Section 30. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,17,3 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279.

AB733, s. 31 Section 31. 19.42 (10) (t) of the statutes is created to read:

AB733,17,7 19.42 (10) (t) The executive director of the Wisconsin Seed Fund Authority and the members of the authority's board of directors who are appointed by the speaker of the assembly and the majority leader of the senate.

AB733, s. 32 Section 32. 19.42 (13) (p) of the statutes is created to read:

AB733,17,11 19.42 (13) (p) The executive director of the Wisconsin Seed Fund Authority and the members of the authority's board of directors who are appointed by the speaker of the assembly and the majority leader of the senate.

AB733, s. 33 Section 33. 40.02 (54) (n) of the statutes is created to read:

AB733,17,13 40.02 (54) (n) The Wisconsin Seed Fund Authority.

AB733, s. 34 Section 34. 70.11 (38v) of the statutes is created to read:

AB733,17,17 70.11 (38v) Wisconsin Seed Fund Authority. All property owned by the Wisconsin Seed Fund Authority, provided that use of the property is primarily related to the purposes of the Wisconsin Seed Fund Authority.

AB733, s. 35 Section 35. 71.10 (5w) of the statutes is created to read:

AB733,17,23 71.10 (5w) Business seed fund designation. Subject to the limitations provided under subch. II of ch. 239, a financial institution, as defined in s. 239.10 (1), may, when submitting its estimated payments under this subchapter, designate that up to 80 percent of its estimated payment be deposited into the business seed fund created under subch. II of ch. 239.

AB733, s. 36 Section 36. 71.30 (12) of the statutes is created to read:

AB733,18,5 71.30 (12) Business seed fund designation. Subject to the limitations provided under subch. II of ch. 239, a financial institution, as defined in s. 239.10 (1), may, when submitting its estimated payments under this subchapter, designate that up to 80 percent of its estimated payment be deposited into the business seed fund created under subch. II of ch. 239.

AB733, s. 37 Section 37. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,18,17 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Seed Fund Authority, and the Fox River Navigational System Authority.

AB733, s. 38 Section 38. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

AB733,19,5 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Wisconsin Seed Fund Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

AB733, s. 39 Section 39. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB733,19,17 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, 237, 238, 239, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB733, s. 40 Section 40. Chapter 239 of the statutes is created to read:

AB733,19,21 Chapter 239 WISCONSIN seed fund AUTHORITY

AB733,19,23 Subchapter I General provisions

AB733,19,24 239.01 Definitions. In this chapter, except as otherwise provided:

AB733,19,25 (1) "Authority" means the Wisconsin Seed Fund Authority.

AB733,20,1 (2) "Board" means the board of directors of the authority.

AB733,20,4 239.02 Creation and organization of authority. (1) There is created a public body corporate and politic to be known as the "Wisconsin Seed Fund Authority." The members of the board shall consist of the following:

AB733,20,8 (a) Four persons from the private sector, at least 3 of whom shall have at least 5 years each of seed capital, investment banking, or entrepreneurial experience, nominated by the governor, and with the advice and consent of the senate appointed, for 4-year terms.

AB733,20,11 (b) One member appointed by the speaker of the assembly for a 4-year term who shall have at least 5 years of seed capital, investment banking, or entrepreneurial experience.

AB733,20,14 (c) One member appointed by the senate majority leader for a 4-year term who shall have at least 5 years of venture capital, investment banking, or entrepreneurial experience.

AB733,20,16 (d) The chief executive officer of the Wisconsin Economic Development Corporation.

AB733,20,20 (2) A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of a quorum.

AB733,20,22 (3) A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

AB733,21,2 (4) No cause of action may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of the member's powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

AB733,21,3 (5) Annually, the board shall elect a chairperson from among its members.

AB733,21,8 (6) The board may hire an executive director. The board may delegate to the executive director or any other employee of the authority any powers or duties the board considers proper. All powers and duties assigned to the authority under this chapter shall be exercised or carried out by the board, unless the board delegates the power or duty to an employee of the authority.

AB733,21,12 239.03 Powers of authority. The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the authority under this chapter, the authority may specifically:

AB733,21,14 (1) Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

AB733,21,15 (2) Have a seal and alter the seal at pleasure.

AB733,21,16 (3) Maintain an office.

AB733,21,17 (4) Sue and be sued.

AB733,21,19 (5) Accept gifts, grants, loans, or other contributions from private or public sources.

AB733,21,21 (6) Establish the annual budget of the authority and monitor its fiscal management.

AB733,21,23 (7) Execute contracts and other instruments required for the operation of the authority.

AB733,21,25 (8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.

AB733,22,1 (9) Issue notes, bonds, and any other obligations.

AB733,22,2 (10) Make loans.

AB733,22,3 (11) Make grants.

AB733,22,4 (12) Incur debt.

AB733,22,5 (13) Make equity and other investments.

AB733,22,6 (14) Procure liability insurance.

AB733,22,12 239.04 Liability limited. Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within the scope of employment or agency, is liable for any debt, obligation, act, or omission of the authority. A debt of the authority is not a debt of the state, and the authority may not create a debt of the state. Each note, bond, or other obligation of the authority shall contain on its face a statement to that effect.

AB733,22,13 subchapter II

AB733,22,14 Business seed fund

AB733,22,15 239.10 Definitions. In this subchapter:

AB733,22,18 (1) "Financial institution" means a bank, a savings bank, a savings and loan association, a trust company, or a credit union, whether chartered under the laws of this state, another state or territory, or under the laws of the United States.

AB733,22,19 (2) "Fund" means the business seed fund.

AB733,22,20 (3) "Fund capital" means moneys in or received from the fund.

AB733,22,22 (4) "Participant financial institution" means a financial institution that makes a contribution to the fund under s. 71.10 (5w) or 71.30 (12).

AB733,22,25 239.11 Establishment of fund. The authority shall establish a fund to be known as the "business seed fund" for making grants, loans, and investments under this subchapter.

AB733,23,4 239.12 Grants, loans, and investments. (1) Subject to sub. (2), the authority may make a grant or loan of fund capital to, or may make an investment of fund capital in, a business proposed to the authority by a participant financial institution.

AB733,23,6 (2) The authority may commit fund capital to a business under this section only if all of the following requirements are satisfied:

AB733,23,7 (a) The business is or will be headquartered in this state.

AB733,23,9 (b) The business is a seed or early stage business as determined by the authority.

AB733,23,14 (c) The participant financial institution or the business demonstrates to the satisfaction of the authority that the grant, loan, or investment in the business will assist the business to create and retain for a period of time established by the authority full-time jobs in addition to any existing full-time jobs the business already provides.

AB733,23,17 (d) Subject to sub. (3), a loan or investment made by the authority under this section shall be on terms that are substantially equivalent to the terms applicable for the business's other lenders or investors that are in the seed capital industry.

AB733,23,20 (3) The authority may share profits from a loan or investment under this section with the participant financial institution that proposes the loan or investment.

AB733,23,23 (4) The authority may require that a business receiving a grant under this section repay to the authority the amount of the grant under conditions established by the authority.