Amendment ASA1-AB40

AB40-ASA1, s. 2768 Section 2768. 231.01 (1) of the statutes is renumbered 231.01 (1t).

AB40-ASA1, s. 2769 Section 2769. 231.01 (1m) of the statutes is created to read:

AB40-ASA1,1154,3 231.01 (1m) "Affiliate" means an entity that controls, is controlled by, or is under common control with another entity.

AB40-ASA1, s. 2770 Section 2770. 231.01 (4t) of the statutes is created to read:

AB40-ASA1,1154,5 231.01 (4t) "Entity" means any person other than a natural person.

AB40-ASA1, s. 2771 Section 2771. 231.01 (5r) of the statutes is amended to read:

AB40-ASA1,1154,10 231.01 (5r) "Participating child care provider" means a child care provider, or an affiliate of a child care provider, that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2772 Section 2772. 231.01 (5w) of the statutes is amended to read:

AB40-ASA1,1154,16 231.01 (5w) "Participating educational institution" means a corporation, agency or association which is an entity authorized by state law to provide or operate an educational facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2773 Section 2773. 231.01 (6) (intro.) and (a) of the statutes are consolidated, renumbered 231.01 (6) and amended to read:

AB40-ASA1,1154,23 231.01 (6) "Participating health institution" means: (a) A corporation, agency or association an entity authorized by state law to provide or operate a health facility, or an affiliate of that entity, and which that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2774 Section 2774. 231.01 (6t) of the statutes is amended to read:

AB40-ASA1,1155,5 231.01 (6t) "Participating research institution" means an entity organized under the laws of this state that provides or operates a research facility, or an affiliate of that entity, and that undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

AB40-ASA1, s. 2775 Section 2775. 231.01 (7) (c) of the statutes is amended to read:

AB40-ASA1,1155,12 231.01 (7) (c) "Project" may include more than one project, and it may include any combination of projects undertaken jointly by any participating health institution, participating educational institution, participating research institution, or participating child care provider with one or more other participating health institutions, participating educational institutions, participating research institutions, or participating child care providers.

AB40-ASA1, s. 2776 Section 2776. 231.01 (7) (cg) of the statutes is created to read:

AB40-ASA1,1155,15 231.01 (7) (cg) "Project" includes any project located within or outside of this state.

AB40-ASA1, s. 2777 Section 2777. 231.01 (7) (d) 2. of the statutes is amended to read:

AB40-ASA1,1155,18 231.01 (7) (d) 2. Any office or clinic of a person licensed under ch. 446, 447, 448, 449, or 455, or the substantially equivalent laws or rules of another state.

AB40-ASA1, s. 2778 Section 2778. 231.03 (6) (a) 3. c. of the statutes is amended to read:

AB40-ASA1,1155,23 231.03 (6) (a) 3. c. The expenditure, by or on behalf of a hospital, independent practitioner, partnership, unincorporated medical group or service corporation, as defined in s. 180.1901 (2), or the substantially equivalent laws or rules of another state, for clinical medical equipment.

AB40-ASA1, s. 2779 Section 2779. 231.03 (6) (b) of the statutes is amended to read:

AB40-ASA1,1156,9 231.03 (6) (b) Refinance outstanding debt of any participating health institution if the department of health services certifies that refinancing will result in a reduction in the participating health institution's rates below the rates which would have otherwise prevailed, except that the authority may not refinance any office or clinic of a person licensed under ch. 446, 447, 448, 449 or 455, or the substantially equivalent laws or rules of another state, and except that this certification is not required for the refinancing for a participating health institution that operates a facility as defined under s. 49.45 (6m) (a) 3, or for a participating health institution that is located in another state.

AB40-ASA1, s. 2780 Section 2780. 231.06 of the statutes is amended to read:

AB40-ASA1,1156,21 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating research institution, or participating child care provider as its agent, by purchase or by gift or devise, such lands, structures, property, rights, rights-of-way, franchises, easements, and other interests in lands, including lands lying under water and riparian rights, which are located within this state as it deems necessary or convenient for the construction or operation of a project, upon such terms and at such prices as it considers reasonable and can be agreed upon between it and the owner thereof, and take title thereto in the name of the authority or in the name of a health facility, educational facility, research facility, or child care center as its agent.

AB40-ASA1, s. 2781 Section 2781. 231.08 (8) of the statutes is created to read:

AB40-ASA1,1157,2 231.08 (8) The proceeds of a bond issued under this section may be used for a project in this state or any other state, except that if the proceeds of a bond are used for a project located in another state, that project shall include a substantial component located in this state, as determined by the executive director.

AB40-ASA1, s. 2782 Section 2782. 231.20 of the statutes is amended to read:

AB40-ASA1,1157,14 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of commerce safety and professional services or any city, village, town, or county may, within its discretion for proper cause shown, waive any particular requirements relating to public buildings, structures, grounds, works, and improvements imposed by law upon projects under this chapter; the requirements of s. 101.13 may not be waived, however. If, however, the prospective lessee so requests in writing, the authority shall, through the participating health institution, participating educational institution, participating research institution, or participating child care provider as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB40-ASA1, s. 2783 Section 2783. 231.27 (1) of the statutes is amended to read:

AB40-ASA1,1157,19 231.27 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2784 Section 2784. 231.29 (1) of the statutes is amended to read:

AB40-ASA1,1157,23 231.29 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2785 Section 2785. 231.35 (6) (a) of the statutes is amended to read:

AB40-ASA1,1158,5 231.35 (6) (a) The authority shall enter into a guarantee agreement with any person who makes loans described under sub. (3) (b) and who wishes to have those loans guaranteed under this section. The guarantee agreement shall comply with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40-ASA1, s. 2786 Section 2786. 231.35 (6) (b) of the statutes is amended to read:

AB40-ASA1,1158,11 231.35 (6) (b) The authority may use money from the rural hospital loan fund to guarantee loans made for the purposes described in sub. (3) (b), if the authority sets out the terms and conditions of the guarantee in a guarantee agreement that complies with the rules promulgated by the department of commerce administration under sub. (7) (b).

AB40-ASA1, s. 2787 Section 2787. 231.35 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1158,15 231.35 (7) (intro.) With the advice of the rural health development council, the department of commerce administration shall promulgate rules specifying all of the following:

AB40-ASA1, s. 2818 Section 2818. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

AB40-ASA1,1158,20 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., s. 560.605 (2m) (g), 2007 stats., and s. 560.605 (2m) (a), (b), (f), and (h), 2009 stats.

AB40-ASA1, s. 2819 Section 2819. 234.02 (1) of the statutes is amended to read:

AB40-ASA1,1159,12 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin Housing and Economic Development Authority." The members of the authority shall be the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

AB40-ASA1, s. 2820 Section 2820. 234.032 (2) (intro.) of the statutes is amended to read:

AB40-ASA1,1159,16 234.032 (2) (intro.) The authority, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the authority:

AB40-ASA1, s. 2821 Section 2821. 234.034 of the statutes is amended to read:

AB40-ASA1,1159,21 234.034 Consistency with state housing strategy plan. Subject to agreements with bondholders or noteholders, the authority shall exercise its powers and perform its duties related to housing consistent with the state housing strategy plan under s. 560.9802 16.302.

AB40-ASA1, s. 2822 Section 2822. 234.06 (1) of the statutes is amended to read:

AB40-ASA1,1160,6 234.06 (1) The authority may, as authorized in the state housing strategy plan under s. 560.9802 16.302, use the moneys held in the housing development fund to make temporary loans to eligible sponsors, with or without interest, and with such security for repayment, if any, as the authority determines reasonably necessary and practicable, solely from the housing development fund, to defray development costs for the construction of proposed housing projects for occupancy by persons and families of low and moderate income. No temporary loan may be made unless the authority may reasonably anticipate that satisfactory financing may be obtained by the eligible sponsor for the permanent financing of the housing project.

AB40-ASA1, s. 2823 Section 2823. 234.06 (3) of the statutes is amended to read:

AB40-ASA1,1160,17 234.06 (3) The authority may, as authorized in the state housing strategy plan under s. 560.9802 16.302, use the moneys held in the housing development fund to establish and administer programs of grants to counties, municipalities , and eligible sponsors of housing projects for persons of low and moderate income, to pay organizational expenses, administrative costs, social services, technical services, training expenses, or costs incurred or expected to be incurred by counties, municipalities, or sponsors for land and building acquisition, construction, improvements, renewal, rehabilitation, relocation, or conservation under a plan to provide housing or related facilities, if the costs are not reimbursable from other private or public loan, grant, or mortgage sources.

AB40-ASA1, s. 2824 Section 2824. 234.08 (5) of the statutes is amended to read:

AB40-ASA1,1160,22 234.08 (5) This section does not supersede or impair the power of the department of commerce Wisconsin Economic Development Corporation to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40-ASA1, s. 2825 Section 2825. 234.08 (6) of the statutes is amended to read:

AB40-ASA1,1161,2 234.08 (6) The authority may reimburse the department of commerce Wisconsin Economic Development Corporation its operating costs to carry out its program responsibilities relating to economic development which are funded by bonds or notes issued under this section.

AB40-ASA1, s. 2826 Section 2826. 234.165 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,1161,9 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under s. 560.9802 16.302. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under subd. 1.

AB40-ASA1, s. 2827 Section 2827. 234.25 (1) (e) of the statutes is amended to read:

AB40-ASA1,1161,14 234.25 (1) (e) An evaluation of its progress in implementing within its own housing programs the goals, policies, and objectives of the state housing strategy plan under s. 560.9802 16.302, and recommendations for legislation to improve its ability to carry out its programs consistent with the state housing strategy plan.

AB40-ASA1, s. 2828 Section 2828. 234.255 (title) of the statutes is amended to read:

AB40-ASA1,1161,17 234.255 (title) Economic development assistance coordination and reporting.

AB40-ASA1, s. 2829 Section 2829. 234.255 of the statutes is renumbered 234.255 (2) and amended to read:

AB40-ASA1,1162,2 234.255 (2) Annually, no later than October 1, the authority shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in s. 234.032 (1), administered by the authority. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The authority shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this section.

AB40-ASA1, s. 2830 Section 2830. 234.255 (1) of the statutes is created to read:

AB40-ASA1,1162,5 234.255 (1) The authority shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2831 Section 2831. 234.35 (1) of the statutes is amended to read:

AB40-ASA1,1162,10 234.35 (1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2832 Section 2832. 234.36 (1) of the statutes is amended to read:

AB40-ASA1,1162,14 234.36 (1) In this section, "business," "financial adviser," and "investment firm" mean a business, financial adviser, and investment firm certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2832g Section 2832g. 234.622 (4) of the statutes is renumbered 234.622 (4) (intro.) and amended to read:

AB40-ASA1,1162,17 234.622 (4) (intro.) "Participant" means a all of the following:

AB40-ASA1,1162,19 (a) A natural person 65 years of age or older who has been accepted into the program.

AB40-ASA1, s. 2832r Section 2832r. 234.622 (4) (b) of the statutes is created to read:

AB40-ASA1,1162,22 234.622 (4) (b) A veteran, as defined in s. 45.01 (12) (a) to (f), who has been accepted into the program.

AB40-ASA1, s. 2833 Section 2833. 234.65 (1) (a) of the statutes is amended to read:

AB40-ASA1,1163,3 234.65 (1) (a) With the consent of the department of commerce Wisconsin Economic Development Corporation and subject to par. (f), the authority may issue its negotiable bonds and notes to finance its economic development activities authorized or required under this chapter, including financing economic development loans.

AB40-ASA1, s. 2834 Section 2834. 234.65 (1) (f) of the statutes is amended to read:

AB40-ASA1,1163,10 234.65 (1) (f) The authority may not issue bonds or notes under par. (a) unless it has contracted to reimburse the department of commerce Wisconsin Economic Development Corporation a sum certain for the department's corporation's operating costs in carrying out its responsibilities to effectuate and promote the economic development programs created with the bonding authority in this chapter and its responsibilities under s. 560.03 (17) 238.25.

AB40-ASA1, s. 2835 Section 2835. 234.65 (1m) of the statutes is amended to read:

AB40-ASA1,1163,15 234.65 (1m) The department of commerce Wisconsin Economic Development Corporation shall, in consultation with the authority, promulgate rules and adopt rules and procedures, in accordance with the procedures under ch. 227, to implement sub. (3).

AB40-ASA1, s. 2836 Section 2836. 234.65 (3) (a) of the statutes is amended to read:

AB40-ASA1,1163,21 234.65 (3) (a) The business that will receive the loan, at least 30 days prior to signing of the loan contract, has given notice of intent to sign the contract, on a form prescribed under s. 560.034 238.11 (1), to the department of commerce Wisconsin Economic Development Corporation and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement.

AB40-ASA1, s. 2837 Section 2837. 234.65 (3) (am) of the statutes is amended to read:

AB40-ASA1,1164,3 234.65 (3) (am) The authority has received an estimate issued under s. 560.034 238.11 (5) (b), and the department of commerce Wisconsin Economic Development Corporation has estimated whether the project that the authority would finance under the loan is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.

AB40-ASA1, s. 2838 Section 2838. 234.65 (3m) of the statutes is amended to read:

AB40-ASA1,1164,7 234.65 (3m) An economic development loan may not be made unless the department of commerce Wisconsin Economic Development Corporation complies with sub. (1m) and certifies that each loan complies with sub. (3).

AB40-ASA1, s. 2839 Section 2839. 234.65 (3r) of the statutes is amended to read:

AB40-ASA1,1164,17 234.65 (3r) Any economic development loan which that a business receives from the authority under this section to finance a project shall require the business to submit to the department of commerce Wisconsin Economic Development Corporation within 12 months after the project is completed or 2 years after a loan is issued to finance the project, whichever is sooner, on a form prescribed under s. 560.034 234.11 (1), the net number of jobs eliminated, created, or maintained on the project site and elsewhere in this state as a result of the project. This subsection does not apply to an economic development loan to finance an economic development project described under s. 234.01 (4n) (c).

AB40-ASA1, s. 2840 Section 2840. 234.65 (5) (intro.) of the statutes is amended to read: