Amendment ASA1-AB40

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:

AB40-ASA1,1164,23 234.65 (5) (intro.) On or before July 1, 1985, and every July 1 thereafter, the department of commerce Wisconsin Economic Development Corporation shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report which shall address that addresses the effects of lending under this section in the following areas:

AB40-ASA1, s. 2840m Section 2840m. 234.75 of the statutes is created to read:

AB40-ASA1,1165,6 234.75 Public affairs network loan guarantee program. (1) Definition. In this section, "public affairs network" means a nonprofit corporation organized under the laws of this state that has as its primary purpose the broadcast of proceedings of the legislature, including legislative committee meetings, and the reporting of events and activities related to politics in this state, through television, radio, the Internet, or similar communications media.

AB40-ASA1,1165,9 (2) Guarantee requirements. The authority may use money from the Wisconsin development reserve fund to guarantee the unpaid principal of a loan under sub. (5) if all of the following apply:

AB40-ASA1,1165,11 (a) The borrower applies for a loan guarantee on a form provided by the authority.

AB40-ASA1,1165,13 (b) The loan is eligible for a guarantee under sub. (3), and any applicable requirements under sub. (5) are met.

AB40-ASA1,1165,15 (c) The lender is the authority or a financial institution that enters into an agreement under s. 234.93 (2) (a).

AB40-ASA1,1165,17 (3) Eligible loans. A loan is eligible for guarantee of collection under sub. (5) from the Wisconsin development reserve fund if all of the following apply:

AB40-ASA1,1165,18 (a) The loan principal equals $5,000,000 or less.

AB40-ASA1,1165,19 (b) The authority determines that the borrower is a public affairs network.

AB40-ASA1,1165,21 (c) The borrower certifies that loan proceeds will be used for the borrower's operating expenses or expenses related to a capital project.

AB40-ASA1,1165,23 (d) The borrower certifies that loan proceeds will not be used to refinance existing debt or for entertainment expenses.

AB40-ASA1,1166,3 (e) The loan term is not less that 13 years, and the borrower is not required to to pay any principal or interest on the loan within the first 3 years after the loan is made.

AB40-ASA1,1166,5 (f) The terms of the loan authorize the lender to obtain a security interest in the real or personal property of the borrower to secure repayment of the loan.

AB40-ASA1,1166,9 (4) Authority loan. The authority may make a loan to a public affairs network if the loan meets the eligibility requirements under sub. (3), except that the total principal amount of all loans that the authority makes under this subsection may not exceed $5,000,000.

AB40-ASA1,1166,14 (5) Guarantee of repayment. (a) Subject to par. (b), the authority shall guarantee collection of all or part of the unpaid principal of a loan eligible for guarantee under sub. (3). The authority shall establish the amount of the unpaid principal of an eligible loan that will be guaranteed using the procedures described in the guarantee agreement under s. 234.93 (2) (a).

AB40-ASA1,1166,15 (b) A loan guarantee under this subsection is subject to all of the following:

AB40-ASA1,1166,17 1. The authority shall guarantee at least 90 percent of the unpaid principal of an eligible loan.

AB40-ASA1,1166,19 2. The total principal amount of all loans guaranteed under this subsection may not exceed $5,000,000.

AB40-ASA1,1166,24 3. Before the authority guarantees a loan under this subsection, the authority shall demonstrate to the satisfaction of the secretary of administration that there are sufficient moneys in the Wisconsin development reserve fund to guarantee the loan, or that there are sufficient moneys in the housing rehabilitation loan program administration fund that may be transferred under par. (c) to guarantee the loan.

AB40-ASA1,1167,4 (c) Notwithstanding s. 234.51 (2), the authority may transfer moneys from the housing rehabilitation loan program administration fund to the Wisconsin development reserve fund for a loan guarantee under this subsection if all of the following conditions are met:

AB40-ASA1,1167,6 1. The authority determines that the transfer is necessary to secure the loan guarantee.

AB40-ASA1,1167,7 2. The transfer of moneys does not exceed $5,000,000.

AB40-ASA1,1167,10 3. Within 14 days after the transfer, the authority submits a report to the joint committee on finance that includes the amount of the transfer and a description of the circumstances surrounding the transfer.

AB40-ASA1, s. 2841 Section 2841. 234.83 (1c) (b) of the statutes is amended to read:

AB40-ASA1,1167,13 234.83 (1c) (b) "Small business" means a business, as defined in s. 560.60 (2) 84.185 (1) (a), that employs 50 or fewer employees on a full-time basis.

AB40-ASA1, s. 2842 Section 2842. 234.84 (1) of the statutes is amended to read:

AB40-ASA1,1167,16 234.84 (1) Definition. In this section, "department" "corporation" means the department of commerce Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2843 Section 2843. 234.84 (3) (c) of the statutes is amended to read:

AB40-ASA1,1167,19 234.84 (3) (c) The interest rate on the loan, including any origination fees or other charges, is approved by the department corporation.

AB40-ASA1, s. 2844 Section 2844. 234.84 (4) (a) of the statutes is amended to read:

AB40-ASA1,1168,3 234.84 (4) (a) Subject to par. (b), the authority shall guarantee collection of a percentage of the principal of, and all interest and any other amounts outstanding on, any loan eligible for a guarantee under sub. (2). The department corporation shall establish the percentage of the principal of an eligible loan that will be guaranteed, using the procedures described in the agreement under s. 234.932 (3) (a). The department corporation may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.

AB40-ASA1, s. 2845 Section 2845. 234.84 (5) (a) of the statutes is amended to read:

AB40-ASA1,1168,12 234.84 (5) (a) The program under this section shall be administered by the department corporation with the cooperation of the authority. The department corporation shall enter into a memorandum of understanding with the authority setting forth the respective responsibilities of the department corporation and the authority with regard to the administration of the program, including the functions and responsibilities specified in s. 234.932. The memorandum of understanding shall provide for reimbursement to the department corporation by the authority for costs incurred by the department corporation in the administration of the program.

AB40-ASA1, s. 2846 Section 2846. 234.84 (5) (b) of the statutes is amended to read:

AB40-ASA1,1168,16 234.84 (5) (b) The department corporation may charge a premium, fee, or other charge to a borrower of a guaranteed loan under this section for the administration of the loan guarantee.

AB40-ASA1, s. 2846c Section 2846c. 234.93 (1) (cm) of the statutes is amended to read:

AB40-ASA1,1168,20 234.93 (1) (cm) Any moneys transferred under 1999 Wisconsin Act 9, section 9125 (1), or under s. 234.75 (5) (c), from the housing rehabilitation loan program administration fund.

AB40-ASA1, s. 2846g Section 2846g. 234.93 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,1169,2 234.93 (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, 1997 stats., and the program under s. 234.75, at a ratio of $1 of reserve funding to $4.50 of total outstanding principal and outstanding guaranteed principal that the authority may guarantee under all of those programs.

AB40-ASA1, s. 2646r Section 2646r. 234.93 (4) (a) 3. of the statutes is amended to read:

AB40-ASA1,1169,7 234.93 (4) (a) 3. To fund guarantees under the program under s. 234.935, 1997 stats., and the program under s. 234.75 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.

AB40-ASA1, s. 2847 Section 2847. 234.932 (1) of the statutes is repealed.

AB40-ASA1, s. 2848 Section 2848. 234.932 (2) (a) of the statutes is amended to read:

AB40-ASA1,1169,12 234.932 (2) (a) Moneys appropriated to the authority under s. 20.490 (6) (a) and (k) or received by the authority for the Wisconsin job training reserve fund from any other source.

AB40-ASA1, s. 2849 Section 2849. 234.932 (3) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1169,19 234.932 (3) (a) (intro.) The authority or department 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 loan program guaranteed by the Wisconsin job training reserve fund. The authority or department may determine all of the following, consistent with the terms of the loan guarantee program:

AB40-ASA1, s. 2850 Section 2850. 234.932 (3) (a) 2. of the statutes is amended to read:

AB40-ASA1,1169,22 234.932 (3) (a) 2. Any conditions upon which the authority or department may refuse to enter into such an agreement.

AB40-ASA1, s. 2851 Section 2851. 234.932 (3) (c) of the statutes is amended to read:

AB40-ASA1,1170,3 234.932 (3) (c) The department Wisconsin Economic Development Corporation may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the job training loan guarantee program, to provide advice about lending requirements and issues related to the job training loan guarantee program.

AB40-ASA1, s. 2852 Section 2852. 234.932 (4) of the statutes is amended to read:

AB40-ASA1,1170,15 234.932 (4) Increases or decreases in loan guarantees. The authority or department 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 job training loan guarantee program. Included with its request, the authority or department 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 job training loan guarantee program, and the balance remaining in the Wisconsin job training 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.

AB40-ASA1, s. 2853 Section 2853. 234.932 (5) of the statutes is amended to read:

AB40-ASA1,1170,20 234.932 (5) Annual report. Annually, the authority or department shall report on the number and total dollar amount of guaranteed loans under the job training loan guarantee program, the default rate on the loans and any other information on the program that the authority or department determines is significant.

AB40-ASA1, s. 2854 Section 2854. 235.02 (2) (d) of the statutes is amended to read:

AB40-ASA1,1170,23 235.02 (2) (d) The secretary of commerce, or the secretary's chief executive officer of the Wisconsin Economic Development Corporation, or his or her designee.

AB40-ASA1, s. 2855 Section 2855. 236.12 (2) (a) of the statutes is amended to read:

AB40-ASA1,1171,13 236.12 (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. 236.15, 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 safety and professional services 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.

AB40-ASA1, s. 2856 Section 2856. 236.13 (1) (d) of the statutes is amended to read:

AB40-ASA1,1171,18 236.13 (1) (d) The rules of the department of commerce safety and professional services 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;

AB40-ASA1, s. 2857 Section 2857. 236.13 (2m) of the statutes is amended to read:

AB40-ASA1,1172,8 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce safety and professional services, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s. 281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of commerce safety and professional services determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB40-ASA1, s. 2858 Section 2858. 236.335 of the statutes is amended to read:

AB40-ASA1,1172,17 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of commerce safety and professional services under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of commerce safety and professional services.

AB40-ASA1, s. 2859 Section 2859. Subchapter I (title) of chapter 238 [precedes 238.01] of the statutes is created to read:

AB40-ASA1,1172,20 chapter 238