1997 Wisconsin Act 27

(4) Guarantee of collection. (a) Subject to par. (b), the authority may guarantee collection of a percentage, not exceeding 80%, of the principal of any loan eligible for a guarantee under this section. The authority shall establish the percentage of the unpaid principal of an eligible loan that will be guaranteed using the procedures described in the guarantee agreement under s. 234.933 (3) (a). The authority may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.

(b) Except as provided in s. 234.933 (4), the total outstanding principal amount of all guaranteed loans under par. (a) may not exceed $3,000,000.

27,3376 Section 3376 . 234.87 of the statutes is repealed.

27,3377 Section 3377 . 234.88 of the statutes is created to read:

234.88 Brownfields remediation loan guarantee program. (1) Definitions. In this section:

(a) “Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

(b) “Guaranteed loan" means a loan for which the authority guarantees repayment under sub. (3).

(c) “Participating lender" means a bank, savings bank, credit union, credit association, savings and loan association or other person that makes loans and that has entered into an agreement with the authority under s. 234.93 (2) (a).

(d) “Security interest" means an interest in property or other assets that secures payment or other performance of a guaranteed loan.

(2) Eligible loans. A loan made by a participating lender is eligible for guarantee of repayment from the Wisconsin development reserve fund under s. 234.93 if all of the following apply:

(a) The borrower is a business in this state.

(b) The borrower uses the loan proceeds for direct or related expenses, as determined by the authority, that are associated with remediation of contamination at a brownfields site.

(c) The loan proceeds are not applied to the outstanding balance of any other loan.

(d) The authority approves the interest rate on the loan, including any origination fees or other charges.

(e) The participating lender obtains a security interest in any equipment, machinery, physical plant or other assets to secure repayment of the loan.

(f) The loan term does not extend beyond 15 years after the date on which the participating lender disburses the loan unless the authority agrees to an extension of the loan term.

(g) The participating lender considers the borrower's assets, cash flow and managerial ability sufficient to preclude voluntary or involuntary liquidation for the loan term granted by the participating lender.

(h) The participating lender agrees to the percentage of guarantee established for the loan by the authority.

(i) The principal amount of the loan does not exceed $500,000.

(3) Guarantee of repayment. (a) Subject to par. (b), beginning on July 1, 1998, the authority may guarantee repayment of a percentage, not exceeding 80%, of the principal of any loan eligible for a guarantee under sub. (2). The authority shall establish the percentage of the unpaid principal of an eligible loan that will be guaranteed by using the procedures described in the guarantee agreement under s. 234.93 (2) (a). The authority may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.

(b) Except as provided in s. 234.93 (3), the total outstanding principal amount of all guaranteed loans under par. (a) may not exceed $22,500,000.

27,3379 Section 3379 . 234.93 (1) (e) of the statutes is created to read:

234.93 (1) (e) To be used for guaranteeing loans under s. 234.88, moneys appropriated to the authority under s. 20.490 (5) (t).

27,3380 Section 3380 . 234.93 (2) (a) (intro.) of the statutes is amended to read:

234.93 (2) (a) (intro.) The authority shall may enter into a guarantee agreement with any bank, production credit association, credit union, savings bank, savings and loan association or other person who wishes to participate in a loan program guaranteed by the Wisconsin development reserve fund. The authority may determine all of the following, consistent with the terms of the specific loan guarantee program:

27,3381 Section 3381 . 234.93 (2) (bm) of the statutes is created to read:

234.93 (2) (bm) A guarantee agreement between the authority and a bank, production credit association, credit union, savings and loan association or other person under par. (a) with respect to a loan guaranteed under s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.83, 1995 stats., or s. 234.87, 1995 stats., that is in effect immediately before the effective date of this paragraph .... [revisor inserts date], shall continue in full force and effect until the termination or expiration of the agreement according to its terms.

27,3382 Section 3382 . 234.93 (4) (a) 2. of the statutes is amended to read:

234.93 (4) (a) 2. To fund guarantees under all of the programs guaranteed by funds from the Wisconsin development reserve fund, except for the program under s. 234.935, at a ratio of $1 of reserve funding to $4 $4.50 of total outstanding principal and outstanding guaranteed principal that the authority may guarantee under all of those programs.

27,3383 Section 3383 . 234.93 (4) (a) 3. of the statutes is created to read:

234.93 (4) (a) 3. To fund guarantees under the program under s. 234.935 at a ratio of $1 of reserve funding to $4 of total principal and outstanding guaranteed principal that the authority may guarantee under that program.

27,3384 Section 3384 . 234.93 (4) (b) (intro.) of the statutes is amended to read:

234.93 (4) (b) (intro.) Annually on June 30 August 31, the executive director of the authority shall provide to the secretary of administration and to the joint committee on finance a signed statement that includes all of the following:

27,3385 Section 3385 . 234.932 (3) (d) of the statutes is amended to read:

234.932 (3) (d) The authority shall ensure that the cash balance in the Wisconsin job training reserve fund is sufficient to fund guarantees under the job training loan guarantee program at a ratio of $1 of reserve funding to $4 of total outstanding guaranteed principal that the authority may guarantee under the program and to pay all outstanding claims under the job training loan guarantee program. The authority shall regularly monitor the cash balance in the Wisconsin job training reserve fund to ensure that the cash balance is sufficient for the purposes specified in this paragraph.

27,3386 Section 3386 . 234.932 (4m) of the statutes is created to read:

234.932 (4m) Balance transfer. On the effective date of this subsection .... [revisor inserts date], and annually thereafter on August 31, until no balance remains, the authority shall transfer to the general fund any balance remaining in the Wisconsin job training reserve fund on that date, after deducting an amount sufficient to pay all outstanding claims under the job training loan guarantee program.

27,3387 Section 3387 . 234.933 of the statutes is created to read:

234.933 Wisconsin drinking water reserve fund. (1) Definition. In this section, “ drinking water loan guarantee program" means the program under s. 234.86.

(2) Establishment of fund. There is established under the jurisdiction and control of the authority, for the purpose of providing funds for guaranteeing loans under s. 234.86, a Wisconsin drinking water reserve fund, consisting of all of the following:

(a) Moneys transferred to the authority from the appropriation accounts under s. 20.320 (2) (s) and (x) or received by the authority for the Wisconsin drinking water reserve fund from any other source.

(b) Any income from investment of money in the Wisconsin drinking water reserve fund by the authority under s. 234.03 (18).

(3) Program administration. (a) The authority shall enter into a guarantee agreement with any bank, production credit association, credit union, savings bank, savings and loan association or other person who wishes to participate in the drinking water loan guarantee program. The authority may determine all of the following, consistent with the terms of the loan guarantee program:

1. The form of the agreement.

2. Any conditions upon which the authority may refuse to enter into such an agreement.

3. Any procedures required to carry out the agreement, including default procedures and procedures for determining the guaranteed percentage of each loan.

(b) The authority may not use any moneys other than those in the Wisconsin drinking water reserve fund for the drinking water loan guarantee program, and may not use moneys in the Wisconsin drinking water reserve fund for any programs other than the drinking water loan guarantee program.

(c) The authority may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the drinking water loan guarantee program, to provide advice about lending requirements and issues related to the drinking water loan guarantee program.

(d) The authority shall ensure that the cash balance in the Wisconsin drinking water reserve fund is sufficient to fund guarantees under the drinking water loan guarantee program at a ratio of $1 of reserve funding to $4.50 of total outstanding guaranteed principal that the authority may guarantee under the program and to pay all outstanding claims under the program. The authority shall regularly monitor the cash balance in the Wisconsin drinking water reserve fund to ensure that the cash balance is sufficient for the purposes specified in this paragraph.

(4) Increases or decreases in loan guarantees. The authority may request the joint committee on finance to take action under s. 13.10 to permit the authority to increase or decrease the total outstanding guaranteed principal amount of loans that it may guarantee under the drinking water loan guarantee program. Included with its request, the authority shall provide a projection, for the next June 30, that compares the amounts required on that date to pay outstanding claims and to fund guarantees under the drinking water loan guarantee program, and the balance remaining in the Wisconsin drinking water reserve fund on that date after deducting such amounts, if the increase or decrease is approved, with such amounts and the balance remaining, if the increase or decrease is not approved.

(5) Annual report. Annually, the authority shall report on the number and total dollar amount of guaranteed loans under the drinking water loan guarantee program, the default rate on the loans and any other information on the program that the authority determines is significant.

(6) Moral obligation. Recognizing its moral obligation, the legislature expresses its expectation that, if called upon to do so, it shall make an appropriation to meet all demands for funds guaranteed by the Wisconsin drinking water reserve fund.

27,3389 Section 3389 . Subchapter III (title) of chapter 234 [precedes 234.94] of the statutes is created to read:

Chapter 234

Subchapter III
community development
finance company

27,3390 Section 3390 . 234.94 (intro.) of the statutes is amended to read:

234.94 (title) Community development finance company Definitions. (intro.) In ss. 234.94 to 234.98 this subchapter:

27,3391 Section 3391 . 236.02 (4) of the statutes is amended to read:

236.02 (4) “Department" means the department of commerce administration.

27,3392 Section 3392 . 236.12 (2) (a) of the statutes is amended to read:

236.12 (2) (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.13 (1) (d) and (2m), 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 copies to the department of transportation so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for that service has not been made, the department shall transmit 2 copies to the department of commerce so that that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

27,3393 Section 3393 . 236.13 (1) (d) of the statutes is amended to read:

236.13 (1) (d) The rules of the department of commerce relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;

27,3394 Section 3394 . 250.04 (3m) of the statutes is created to read:

250.04 (3m) The department may charge a reasonable fee for the analysis and provision of data under this section.

27,3394e Section 3394e. 250.04 (13) of the statutes is created to read:

250.04 (13) The department shall provide information on the prevention, detection, diagnosis and treatment of blastomycosis in areas of this state with a high incidence of blastomycosis.

27,3399 Section 3399 . 250.08 of the statutes is repealed.

27,3399m Section 3399m. 250.09 of the statutes is repealed.

27,3400 Section 3400 . 250.10 of the statutes is amended to read:

250.10 Grant for dental services. From the appropriation under s. 20.435 (1) (5) (de), the department shall provide funding in each fiscal year to the Marquette University School of Dentistry for the provision of dental services by the Marquette University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee.

27,3401m Section 3401m. 252.08 (3) of the statutes is amended to read:

252.08 (3) Inpatient care for isolated pulmonary tuberculosis patients, and inpatient care exceeding 30 days for other pulmonary tuberculosis patients, who are not eligible for federal medicare benefits, for medical assistance under subch. V of ch. 49 or for health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

27,3402 Section 3402 . 252.10 (6) (g) of the statutes is amended to read:

252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) shall apply only to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (1) (5) (e).

27,3403 Section 3403 . 252.10 (7) of the statutes is amended to read:

252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (1) (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of education public instruction or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of ch. 448.

27,3404 Section 3404. 252.12 (2) (a) (intro.) of the statutes is amended to read:

252.12 (2) (a) Acquired immunodeficiency syndrome services. (intro.) From the appropriations under s. 20.435 (1) (a) and (5) (am), the department shall distribute funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome, as follows:

27,3404m Section 3404m. 252.12 (2) (a) 3. (intro.) of the statutes is amended to read:

252.12 (2) (a) 3. `Statewide public education campaign.' (intro.) The department shall promote public awareness of the risk of contracting acquired immunodeficiency syndrome and measures for acquired immunodeficiency syndrome protection by development and distribution of information through family planning clinics providing family planning services, as defined in s. 253.07 (1) (b), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information would be targeted at individuals whose behavior puts them at risk of contracting acquired immunodeficiency syndrome and would encompass the following topics:

27,3405 Section 3405 . 252.12 (2) (a) 8. of the statutes is amended to read:

252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,647,700 $1,894,900 in each year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (1) (5) (am).

27,3406 Section 3406 . 252.12 (2) (b) of the statutes is repealed.

27,3407 Section 3407 . 252.12 (2) (c) (intro.) of the statutes is amended to read:

252.12 (2) (c) HIV prevention grants. (intro.) From the appropriation under s. 20.435 (7) (3) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:

27,3408 Section 3408 . 252.14 (1) (ar) 8. of the statutes is amended to read:

252.14 (1) (ar) 8. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

27,3409 Section 3409 . 252.16 (title) of the statutes is amended to read: