Amendment ASA1-AB652

AB652-ASA1,7,18 73.17 Wisconsin next generation reserve fund. (1) In this section, "qualifying company" means a person whose principal business activity code in the North American Industry Classification System, 2007 edition, published by the federal office of management and budget, is one of the following: 311221, 311222, 311223, 325193, 325199, 325221, 325311, 325312, 325314, 325320, 325411, 325412, 325413, 325414, 334510, 334516, 334517, 339112, 339113, 339114, 339115, 339116, 541380, 541711, 541712, 621491, 621493, 621511, 621512, or 622110.

AB652-ASA1,7,21 (2) (a) In July 2012, the department of revenue shall determine the total amount of withholding taxes due and payable under subch. X of ch. 71 from qualifying companies for calendar year 2011.

AB652-ASA1,8,2 (b) Subject to par. (d), on July 1, 2013, and on each July 1 thereafter, ending on July 1, 2027, the department of revenue shall deposit into the Wisconsin next generation reserve fund an amount equal to 95 percent of the amount of withholding taxes due and payable under subch. X of ch. 71 from qualifying companies in the previous calendar year that exceeds the amount determined under par. (a).

AB652-ASA1,8,5 (c) A person who is subject to withholding taxes under subch. X of ch. 71 shall indicate to the department of revenue whether it is a qualifying company for purposes of this section in the manner determined by the department.

AB652-ASA1,8,9 (d) The department of revenue shall not deposit into the Wisconsin next generation reserve fund more than $15,000,000 in fiscal year 2012-13 or $50,000,000 in any fiscal year thereafter, and the total amount deposited may not exceed $350,000,000.

AB652-ASA1,8,22 (e) After the department of revenue deposits a total of $350,000,000 into the fund under par. (d), and subject to the requirements of this paragraph, the department shall continue depositing moneys into the fund under par. (b), not to exceed an additional total amount of $150,000,000 in deposits. Before the department continues those deposits, the department shall notify the joint committee on finance in writing that the department intends to do so. If, within 14 working days after the date of that notice, the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting to review the continuation of deposits into the fund, the department shall continue those deposits. If, within 14 working days after the date of that notice, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the department's continuation of deposits into the fund, the department may continue those deposits only upon approval of the committee.

AB652-ASA1, s. 14 Section 14. 230.08 (2) (yo) of the statutes is created to read:

AB652-ASA1,8,25 230.08 (2) (yo) The executive director and administrative assistant of the Wisconsin next generation reserve board.

AB652-ASA1, s. 15 Section 15. Chapter 555 of the statutes is created to read:

AB652-ASA1,9,2 CHAPTER 555

AB652-ASA1,9,4 Wisconsin next generation RESERVE board

AB652-ASA1,9,5 555.01 Definitions. In this chapter:

AB652-ASA1,9,6 (1) "Board" means the Wisconsin next generation reserve board.

AB652-ASA1,9,8 (2) "Certified bioscience company" means a person certified by the board under s. 555.03 (2).

AB652-ASA1,9,11 (3) "Qualifying company" has the meaning given in s. 73.17 (1), except that "qualifying company" does not include a business that has as its principal business activity the operation of a hospital as defined in s. 50.33 (2).

AB652-ASA1,9,13 (4) "Fund" means the Wisconsin next generation reserve fund established under s. 25.90.

AB652-ASA1,9,17 555.02 Wisconsin next generation reserve fund. (1) Executive director. The board shall employ an executive director who has expertise in private equity investment. In reviewing candidates for executive director, the board shall consider all of the following:

AB652-ASA1,9,19 (a) The extent of the candidate's experience and expertise in private equity investment.

AB652-ASA1,9,21 (b) The candidate's investment experience related to start-up bioscience companies.

AB652-ASA1,9,23 (c) The candidate's experience related to seed or early stage business investments.

AB652-ASA1,9,24 (d) Any other criteria the board considers relevant.

AB652-ASA1,10,4 (2) Grants, loans, and investments. (a) Subject to s. 555.055, from the appropriation under s. 20.195 (1) (q), the board may make a grant or loan to a certified bioscience company, or the board may make an investment directly in a certified bioscience company.

AB652-ASA1,10,8 (b) Before the board makes a grant, loan, or investment under par. (a), the board shall contract with the certified bioscience company. In addition to any other terms required or negotiated by the board, that contract shall include all of the following conditions:

AB652-ASA1,10,11 1. The certified bioscience company shall use a grant, loan, or investment provided by the board for research and development related to biotechnology or bioscience or bioscience research methods, as determined by the board by rule.

AB652-ASA1,10,13 2. The certified bioscience company shall match the amount of the board's, grant, loan, or investment with moneys the company has raised from other sources.

AB652-ASA1,10,16 3. Unless approved by the board, the certified bioscience company may not relocate its headquarters outside of this state during the term of the contract under this paragraph.

AB652-ASA1,10,18 (c) Any moneys paid to the board by a certified bioscience company shall be deposited in the fund.

AB652-ASA1,10,21 (d) The total value of all grants the board provides under this subsection in a fiscal year may not equal more than 10 percent of the total value of all grants, loans, and investments the board makes in that fiscal year.

AB652-ASA1,10,24 555.03 Certified bioscience companies. (1) Application. Any person may apply to the board on a form prescribed by the board for certification under this section. The application shall include all of the following:

AB652-ASA1,10,25 (a) The name, address, and tax identification number of the person.

AB652-ASA1,11,2 (b) A description of the principal business activities of the person and the locations at which those activities are conducted.

AB652-ASA1,11,5 (c) The person's principal business activity code under the North American Industry Classification System, 2007 edition, published by the federal office of management and budget.

AB652-ASA1,11,6 (d) Any other information the board requires.

AB652-ASA1,11,10 (2) Certification. The board may certify a person that submits an application under sub. (1) to be eligible to receive a grant, loan, or investment under s. 555.02 if the board determines after conducting an investigation that the person meets all of the following conditions:

AB652-ASA1,11,11 (a) The person is a qualifying company.

AB652-ASA1,11,13 (b) The person is headquartered in, and has its principal business operations located in, this state.

AB652-ASA1,11,15 (c) The person, including any affiliate, employs at least 75 percent of its employees in this state.

AB652-ASA1,11,16 (d) The person is in need of capital.

AB652-ASA1,11,20 (e) The person is developing biotechnology or bioscience or bioscience research methods, as determined by the board by rule and the person demonstrates to the board's satisfaction that the person has the potential to generate high levels of successful investment performance and to increase employment in this state.

AB652-ASA1,11,21 (h) The person meets any other conditions established by the board.

AB652-ASA1,11,23 (3) Application fee. The board may charge a fee to an applicant for certification under this section. The fee shall be deposited in the fund.

AB652-ASA1,12,4 555.04 Contracting authority. Notwithstanding ss. 16.70 to 16.78, the board may enter into any contract with the investment board as provided in s. 25.17 (72) and (73), including any contract relating to the furnishing of personnel or office space, to be paid as provided in s. 25.17 (72) and (73), may procure insurance, and may execute any other contract necessary or convenient to the performance of the board's powers and duties under this chapter.

AB652-ASA1,12,7 555.05 Annual report. Annually, by July 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report that includes all of the following:

AB652-ASA1,12,8 (1) An accounting of the revenue received in the fund under s. 73.16 (2).

AB652-ASA1,12,10 (2) An accounting of all expenditures from the fund by the board for any purpose.

AB652-ASA1,12,12 (3) For each each certified bioscience company that received a grant, loan, or investment from the board, all of the following:

AB652-ASA1,12,13 (a) The name and address of the certified bioscience company.

AB652-ASA1,12,15 (b) A description of the nature of the business conducted by the certified bioscience company.

AB652-ASA1,12,16 (c) The amount of the grant, loan, or investment.

AB652-ASA1,12,18 (d) A description of the purposes for which the certified bioscience company used or is using the grant, loan, or investment.

AB652-ASA1,12,21 (e) A statement of the number of employees the certified bioscience company employed on January 1 of the preceding year and the number of employees the company employed on December 31 of that year.

AB652-ASA1,12,23 (4) An accounting of the internal rate of return realized by the board on its total loans to and investments in certified bioscience companies.

AB652-ASA1,12,25 (5) An accounting of the internal rate of return realized by the board on each loan to or investment in each certified bioscience company.

AB652-ASA1,13,15 555.055 Biennial review by joint committee on finance. In each odd-numbered year, when the board submits its report under s. 555.05, the board shall submit to the joint committee on finance a copy of that report and a plan for the grants, loans, and investments the board intends to make under s. 555.02 (2) during the biennium that begins on July 1 of that year. The joint committee on finance may approve, disapprove, or modify and approve the board's plan. If, within 14 working days after the date of that submittal, the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting to review the board's plan, the board may make grants, loans, and investments under s. 555.02 (2) consistent with the board's plan. If, within 14 working days after the date of that submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting to review the board's plan, the board may make grants, loans, and investments under s. 555.02 (2) beginning on July 1 of that year only upon approval of the committee and subject to any modification of the committee to the board's plan.

AB652-ASA1,14,6 555.06 Expenditure of fund moneys for operational or administrative costs. If the board determines that the amount provided under s. 20.195 (1) (q) 1., 2., 3., or 4. is not sufficient to cover the board's actual general program operations and administrative expenses for a fiscal year, the board may notify the joint committee on finance in writing that the board proposes to exceed that amount for those purposes. That notice shall state the specific amount of additional moneys from the fund that the board proposes to use for general program operations and administrative expenses and the board's reasons supporting its determination that its expenditure of that additional amount is necessary for those purposes. If, within 14 working days after the date of that notice, the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting to review the board's proposal, the board may expend the additional amount as proposed in the board's notice. If, within 14 working days after the date of that notice, the cochairpersons of the committee notify the board that the committee has scheduled a meeting to review the board's proposal, the board may expend the additional amount only upon approval of the committee.

AB652-ASA1, s. 16 Section 16 . Nonstatutory provisions.

AB652-ASA1,14,9 (1) Definition. In subsections (2) and (3), "board" means the Wisconsin next generation reserve board.

AB652-ASA1,14,10 (2) Initial appointments.

AB652-ASA1,14,19 (a) Notwithstanding the requirement of advice and consent of the senate under section 15.07 (1) (a) of the statutes, the initial members of the board nominated by the governor may be provisionally appointed by the governor, subject to later senate confirmation. Any provisional appointment shall be in full force until withdrawn by the governor or acted upon by the senate, and if confirmed by the senate shall continue for the remainder of the unexpired term of the member and until a successor is appointed and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB652-ASA1,14,24 (b) A provisional appointment made under paragraph (a) that is withdrawn by the governor shall, upon withdrawal, lapse and create a vacancy for provisional appointment of another initial member of the board. Any provisional appointment made under paragraph (a) that is rejected by the senate shall, upon rejection, lapse and create a vacancy for provisional appointment of another initial board member.

AB652-ASA1,15,3 (c) Notwithstanding the lengths of terms specified in section 15.77 (2) of the statutes, as created by this act, the initial members of the board shall be appointed for the following terms:

AB652-ASA1,15,7 1. The member appointed by the governor under section 15.77 (1) (a) of the statutes, as created by this act, and one member appointed by the governor under section 15.77 (1) (b) of the statutes, as created by this act, for terms expiring on July 1, 2014.

AB652-ASA1,15,11 2. One member appointed by the governor under section 15.77 (1) (b) of the statutes, as created by this act, and the member appointed by the governor under section 15.77 (1) (c) of the statutes, as created by this act, for terms expiring on July 1, 2015.

AB652-ASA1,15,13 3. The members appointed by the governor under section 15.77 (1) (d) and (e) of the statutes, as created by this act, for terms expiring on July 1, 2016.

AB652-ASA1,15,17 4. The members appointed by the governor under section 15.77 (1) (f) and (g) of the statutes, as created by this act, and the member appointed by BioForward, Inc., under section 15.77 (1) (h) of the statutes, as created by this act, for terms expiring on July 1, 2017.

AB652-ASA1,15,21 (3) Position authorization. There is authorized for the board 1.0 FTE SEG executive director position and 1.0 FTE SEG administrative assistant position to be funded from the appropriation under section 20.195 (1) (q) of the statutes, as created by this act, or from any loan under subsection (4 ), or both.

AB652-ASA1,16,2 (4) Investment board loan. The investment board may loan money to the Wisconsin next generation reserve board for general program operations and administrative expenses of the Wisconsin next generation reserve board. All loan terms shall be specified by written agreement between the investment board and the Wisconsin next generation reserve board.

AB652-ASA1,16,3 (End)