Amendment AA31-SB21

SB21-AA31,5,7 238.085 Retention of records. The corporation may not delete or destroy any documents, communications, or other records relating to the corporation's administration and economic development programs.

SB21-AA31,3960m Section 3960m. 238.095 of the statutes is created to read:

SB21-AA31,5,11 238.095 Execution of contracts. The corporation may not execute any contract unless the corporation has reviewed the contract to ensure compliance with program policy requirements under this chapter.

SB21-AA31,3960n Section 3960n. 238.0951 of the statutes is created to read:

SB21-AA31,5,14 238.0951 Contract terms. All terms of each contract the corporation executes shall be in compliance with state law at the time the contract is executed.

SB21-AA31,3960o Section 3960o. 238.0952 of the statutes is created to read:

SB21-AA31,5,18 238.0952 Contract terms. All terms of each contract the corporation executes shall be in compliance with all corporation policies and procedures at the time the contract is executed.

SB21-AA31,3960p Section 3960p. 238.096 of the statutes is created to read:

SB21-AA31,5,22 238.096 Verification of job creation. (1) The recipient of a loan or grant shall submit to the corporation information necessary to verify that the activity for which the loan or grant was provided created or retained full-time jobs in this state.

SB21-AA31,5,24 (2) The corporation shall adopt policies and procedures that specify how the corporation is to evaluate information provided under sub. (1).

SB21-AA31,3960pp Section 3960pp. 238.0961 of the statutes is created to read:

SB21-AA31,6,3 238.0961 Report to board concerning loan delinquency. No later than August 1 of each year, the chief executive officer of the corporation shall determine, and submit a report to the board setting forth, all of the following:

SB21-AA31,6,5 (1) The loan balance and the total amount of past-due repayments for each loan with repayments 90 days or more past due on July 1 of the year of the report.

SB21-AA31,6,8 (2) The loan balance for each loan with repayments 90 days or more past due that was amended to defer repayments, written off, or forgiven during each 6-month period after repayments on the loan were 90 days or more past due.

SB21-AA31,6,11 (3) Each loan that had been 90 days or more past due and was no longer than 90 days or more past due during each 6-month period after repayments on the loan were 90 days or more past due, because the loan recipient made loan repayments.

SB21-AA31,6,13 (4) The payment delinquency rate and the principal delinquency rate on July 1 of the year of the report.

SB21-AA31,3960q Section 3960q. 238.0962 of the statutes is created to read:

SB21-AA31,6,18 238.0962 Staff review. (1) In this section, "staff review" means a review conducted by the corporation's underwriters to determine whether a business is eligible for an economic development award based on the law and the corporation's policies and procedures.

SB21-AA31,6,22 (2) The corporation shall establish policies that specify how long a completed staff review remains valid and that require when another staff review should be completed to ensure compliance with current law and the corporation's policies and procedures.

SB21-AA31,3960r Section 3960r. 238.097 of the statutes is created to read:

SB21-AA31,7,3 238.097 Contracts for the allocation of tax credits. The corporation may not enter into a contract to allocate tax credits for an economic development project that begins before the contract is executed.

SB21-AA31,3960s Section 3960s. 238.098 of the statutes is created to read:

SB21-AA31,7,7 238.098 Recovering tax credits. The corporation shall establish policies and procedures for recovering previously awarded tax credits from tax credit recipients that did not meet contractual obligations.

SB21-AA31,3960t Section 3960t. 238.112 of the statutes is created to read:

SB21-AA31,7,13 238.112 Notifications concerning job loss. For each economic development program for which the creation of full-time jobs is an expected outcome, the recipient of a grant, loan, or tax credit under the program shall notify the corporation within 30 days after each full-time job maintained by the recipient is eliminated in this state, including through relocation of the full-time job out of this state.

SB21-AA31,3960ts Section 3960ts. 238.113 of the statutes is created to read:

SB21-AA31,7,18 238.113 Verification of no recent legal action. The corporation shall independently verify the certification of each applicant for economic development assistance under this chapter that the applicant has not been the subject of any recent legal action.

SB21-AA31,3960tt Section 3960tt. 238.114 of the statutes is created to read:

SB21-AA31,7,25 238.114 Certifications concerning job levels. Each entity that receives a grant or loan from the corporation under an economic development program shall, upon completion of the economic development program, file a certification with the corporation that states: "No funds received from the Wisconsin Economic Development Corporation were utilized to relocate jobs out of Wisconsin or to reduce net employment in Wisconsin."

SB21-AA31,3960u Section 3960u. 238.121 of the statutes is created to read:

SB21-AA31,8,5 238.121 Job creation requirement for tax credits. The corporation may not award tax credits to a business under this chapter unless the corporation determines that the award recipient will use the tax credits to increase net employment in this state.".

SB21-AA31,8,16 6. Page 1232, line 15: after " date." insert "Before imposing a moratorium, or any similar restriction, on certifying persons to claim credits under ss. 71.07 (9m), 71.28 (6), and 71.47 (6), the corporation shall submit a plan for doing so to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the corporation that the committee has scheduled a meeting to review the proposed plan within 14 working days after the plan is submitted to the committee, the corporation may implement the plan. If, within 14 working days after the corporation submits the proposed plan, the cochairpersons of the committee notify the corporation that the committee has scheduled a meeting to review the proposed plan, the corporation may implement the proposed plan only with the committee's approval.".

SB21-AA31,8,17 7. Page 1446, line 23: after that line insert:

SB21-AA31,8,18 " Section 4721s. 946.18 of the statutes is amended to read:

SB21-AA31,8,22 946.18 Misconduct sections apply to all public officers. Sections 946.10 to 946.17 apply to public officers, whether legally constituted or exercising powers as if legally constituted, including all officers and employees of the Wisconsin Economic Development Corporation.".

SB21-AA31,8,23 8. Page 1533, line 5: after that line insert:

SB21-AA31,9,4 "(5dp) Job performance. It is the sense of the legislature that if the state's job performance is below the national average for more than one year, the appointing authority of the Wisconsin Economic Development Corporation's chief executive officer shall replace the chief executive officer.".

SB21-AA31,9,5 9. Page 1563, line 20: after that line insert:

SB21-AA31,9,8 "(5f) Medicaid expansion. The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) takes effect on January 1, 2016, or on the day after publication, whichever is later.".

SB21-AA31,9,9 (End)