AB40: Bill Text

AB40,908,3 231.03 (14) Make loans to a health facility, educational facility, nonprofit facility, or research facility for which bonds may be issued under sub. (6) (b), (d), or (i), or (k), to refinance the health facility's, educational facility's, nonprofit facility's, or research facility's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the authority.

AB40,2038 Section 2038. 231.03 (15) of the statutes is amended to read:

AB40,908,12 231.03 (15) Mortgage all or any portion of a project and other health facilities, educational facilities, nonprofit facilities, or research facilities and the site thereof, whether owned or thereafter acquired, for the benefit of the holders of bonds issued to finance the project, health facilities, educational facilities, nonprofit facilities, or research facilities or any portion thereof or issued to refund or refinance outstanding indebtedness of participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions as permitted by this chapter.

AB40,2039 Section 2039. 231.03 (16) of the statutes is amended to read:

AB40,909,6 231.03 (16) Lease to a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution the project being financed or other health facilities, educational facilities, nonprofit facilities, or research facilities conveyed to the authority in connection with such financing, upon such terms and conditions as the authority deems proper, and charge and collect rents therefor, and terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such periods and at such rent as the authority determines or to purchase all or any part of the health facilities, educational facilities, nonprofit facilities, or research facilities or that, upon payment of all of the indebtedness incurred by the authority for the financing of such project or health facilities, educational facilities, nonprofit facilities, or research facilities or for refunding outstanding indebtedness of a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution, the authority may convey all or any part of the project or such other health facilities, educational facilities, nonprofit facilities, or research facilities to the lessees thereof with or without consideration.

AB40,2040 Section 2040. 231.03 (17) of the statutes is amended to read:

AB40,909,11 231.03 (17) Charge to and apportion among participating health institutions, participating educational institutions, participating nonprofit institutions, and participating research institutions its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter.

AB40,2041 Section 2041. 231.03 (18) of the statutes is amended to read:

AB40,909,18 231.03 (18) Make studies of needed health facilities, educational facilities, nonprofit facilities, and research facilities that could not sustain a loan were it made under this chapter and recommend remedial action to the legislature; and do the same with regard to any laws or rules that prevent health facilities, educational facilities, nonprofit facilities, and research facilities from benefiting from this chapter.

AB40,2042 Section 2042. 231.03 (19) of the statutes is amended to read:

AB40,910,5 231.03 (19) Obtain, or aid in obtaining, from any department or agency of the United States or of this state or any private company, any insurance or guaranty concerning the payment or repayment of, interest or principal, or both, or any part thereof, on any loan, lease, or obligation or any instrument evidencing or securing the same, made or entered into under the provisions of this chapter; and notwithstanding any other provisions of this chapter, to enter into any agreement, contract, or other instrument with respect to that insurance or guaranty, to accept payment in the manner and form provided therein in the event of default by a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution, and to assign the insurance or guaranty as security for the authority's bonds.

AB40,2043 Section 2043. 231.04 of the statutes is amended to read:

AB40,910,19 231.04 Expenses. All expenses of the authority incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter, and no liability may be incurred by the authority beyond the extent to which moneys have been provided under this chapter except that, for the purposes of meeting the necessary expenses of initial organization and operation of the authority for the period commencing on June 19, 1974 and continuing until such date as the authority derives moneys from funds provided to it under the authority of this chapter, the authority may borrow such moneys as it requires to supplement the funds provided under s. 20.440. Such moneys borrowed by the authority shall subsequently be charged to and apportioned among participating health institutions, participating educational institutions, participating nonprofit institutions, and participating research institutions in an equitable manner, and repaid with appropriate interest over a reasonable period of time.

AB40,2044 Section 2044. 231.05 (1) of the statutes is amended to read:

AB40,911,2 231.05 (1) By means of this chapter, it is the intent of the legislature to provide assistance and alternative methods of financing to nonprofit health institutions entities to aid them in providing needed health services consistent with the state's health plan, to nonprofit educational institutions to aid them in providing needed educational services, and to nonprofit research institutions to aid them in providing needed research facilities, and other needed services and facilities in this state.

AB40,2045 Section 2045. 231.06 of the statutes is amended to read:

AB40,911,13 231.06 Property acquisition. The authority may acquire, directly or by and through a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution 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, 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, nonprofit facility, or research facility as its agent.

AB40,2046 Section 2046. 231.07 (1) (b) of the statutes is amended to read:

AB40,911,20 231.07 (1) (b) Convey to the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution the authority's interest in the project and in any other health facility, educational facility, nonprofit facility, or research facility leased, mortgaged, or subject to a deed of trust or any other form of security arrangement to secure the bond.

AB40,2047 Section 2047. 231.07 (2) (a) of the statutes is amended to read:

AB40,912,3 231.07 (2) (a) The principal of and interest on any bond issued by the authority to finance a project or to refinance or refund outstanding indebtedness of one or more participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions, including any refunding bonds issued to refund and refinance the bond, have been fully paid and the bonds retired or if the adequate provision has been made to pay fully and retire the bond; and

AB40,2048 Section 2048. 231.08 (5) of the statutes is amended to read:

AB40,912,12 231.08 (5) In addition to the other authorizations under this section, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under 2 or more leases of health facilities, educational facilities, nonprofit facilities, or research facilities with 2 or more participating health institutions, participating educational institutions, participating nonprofit institutions, or participating research institutions, as lessees respectively, upon such terms as may be provided for in bond resolutions of the authority.

AB40,2049 Section 2049. 231.10 (1) of the statutes is amended to read:

AB40,912,23 231.10 (1) The state is not liable on notes or bonds of the authority and the notes and bonds are not a debt of the state. All notes and bonds of the authority shall contain on the face thereof a statement to this effect. The issuance of bonds under this chapter shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this section prevents the authority from pledging its full faith and credit or the full faith and credit of a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the payment of bonds authorized under this chapter.

AB40,2050 Section 2050. 231.12 of the statutes is amended to read:

AB40,913,18 231.12 Studies and recommendations. It is the intent and purpose of this chapter that the exercise by the authority of the powers granted to it shall be in all respects for the benefit of the people of this state to assist them to provide needed health facilities, educational facilities, nonprofit facilities, and research facilities of the number, size, type, distribution, and operation that will assure admission and health care, education, or research opportunities , or other necessary services of high quality to all who need it. The authority shall identify and study all projects which are determined by health planning agencies to be needed, but which could not sustain a loan were such to be made to it under this chapter. The authority shall formulate and recommend to the legislature such amendments to this and other laws, and such other specific measures as grants, loan guarantees, interest subsidies, or other actions the state may provide which would render the construction and operation of needed health facilities, educational facilities, nonprofit facilities, and research facilities feasible and in the public interest. The authority also shall identify and study any laws or rules which it finds handicaps or bars a needed health facility, educational facility, nonprofit facility, or research facility from participating in the benefits of this chapter, and recommend to the legislature such actions as will remedy such situation.

AB40,2051 Section 2051. 231.13 (1) (intro.) of the statutes is amended to read:

AB40,914,2 231.13 (1) (intro.) The authority shall collect rents for the use of, or other revenues relating to the financing of, each project. The authority shall contract with a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for each issuance of bonds. The contract shall provide that the rents or other revenues payable by the health facility, educational facility, nonprofit facility, or research facility shall be sufficient at all times to:

AB40,2052 Section 2052. 231.13 (2) of the statutes is amended to read:

AB40,914,19 231.13 (2) The authority shall pledge the revenues derived and to be derived from a project and other related health facilities, educational facilities, nonprofit facilities, or research facilities for the purposes specified in sub. (1), and additional bonds may be issued which may rank on a parity with other bonds relating to the project to the extent and on the terms and conditions provided in the bond resolution. Such pledge shall be valid and binding from the time when the pledge is made, the revenues so pledged by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the bond resolution nor any financing statement, continuation statement, or other instrument by which a pledge is created or by which the authority's interest in revenues is assigned need be filed or recorded in any public records in order to perfect the lien thereof as against 3rd parties, except that a copy thereof shall be filed in the records of the authority and with the department of financial institutions.

AB40,2053 Section 2053. 231.16 (1) of the statutes is amended to read:

AB40,915,9 231.16 (1) The authority may issue bonds to refund any outstanding bond of the authority or indebtedness that a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution may have incurred for the construction or acquisition of a project prior to or after April 30, 1980, including the payment of any redemption premium on the outstanding bond or indebtedness and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity, or to pay all or any part of the cost of constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion of a project. Except for bonds to refund bonds issued under s. 231.03 (6) (g), no bonds may be issued under this section unless the authority has first entered into a new or amended agreement with a participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to provide sufficient revenues to pay the costs and other items described in s. 231.13.

AB40,2054 Section 2054. 231.20 of the statutes is amended to read:

AB40,915,20 231.20 Waiver of construction and bidding requirements. In exercising its powers under s. 101.12, the department of 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 nonprofit institution, or participating research institution as its agent, call for construction bids in such manner as is determined by the authority with the approval of the lessee.

AB40,2055 Section 2055. 231.23 of the statutes is amended to read:

AB40,916,3 231.23 Nonprofit institutions. It is intended that all nonprofit health institutions, educational institutions, and research institutions entities in this state be enabled to benefit from and participate in this chapter. To this end, all nonprofit health institutions, educational institutions, and research institutions entities operating, or authorized to be operated, under any law of this state may undertake projects and utilize the capital financing sources and methods of repayment provided by this chapter, the provisions of any other laws to the contrary notwithstanding.

AB40,2056 Section 2056. 238.133 (1) (c) of the statutes is amended to read:

AB40,916,6 238.133 (1) (c) "Petroleum product" has the meaning given in s. 101.143 292.63 (1) (f).

AB40,2057 Section 2057. 238.133 (1) (e) of the statutes is amended to read:

AB40,916,9 238.133 (1) (e) "Underground petroleum product storage tank" has the meaning given in s. 101.143 292.63 (1) (i).

AB40,2058 Section 2058. 238.145 of the statutes is repealed.

AB40,2059 Section 2059. 238.146 of the statutes is repealed.

AB40,2060 Section 2060. 238.16 (1) (c) of the statutes is renumbered 238.16 (1) (c) 1. and amended to read:

AB40,916,20 238.16 (1) (c) 1. "Full-time Except as provided in subd. 2., "full-time job" means a regular, nonseasonal full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays, and for which the individual receives pay that is equal to at least 150 percent of the federal minimum wage and benefits that are not required by federal or state law. "Full-time job" does not include initial training before an employment position begins.

AB40,2061 Section 2061. 238.16 (1) (c) 2. of the statutes is created to read:

AB40,916,25 238.16 (1) (c) 2. The corporation may grant exceptions to the requirement under subd. 1. that a full-time job means a position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year if all of the following apply:

AB40,917,2 a. The annual pay for the position is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

AB40,917,5 b. An individual in the position is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

AB40,2062 Section 2062. 238.16 (3) (intro.) of the statutes is amended to read:

AB40,917,12 238.16 (3) Eligibility for tax benefits. (intro.) A person certified under sub. (2) may receive tax benefits under this section if, in each year for which the person claims tax benefits under this section, the person increases net employment in the person's business above the net employment in the person's business during the year before the person was certified under sub. (2), as determined by the corporation under its policies and procedures, and one of the following applies:

AB40,2063 Section 2063. 238.16 (3) (a) of the statutes is amended to read:

AB40,917,17 238.16 (3) (a) In a tier I county or municipality, an eligible employee for whom the person claims a tax credit will earn at least $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage in wages from the person in the year for which the credit is claimed.

AB40,2064 Section 2064. 238.16 (3) (am) of the statutes is repealed.

AB40,2065 Section 2065. 238.16 (4) (b) 1. (intro.) of the statutes is amended to read:

AB40,917,24 238.16 (4) (b) 1. (intro.) The corporation may award to a person certified under sub. (2) tax benefits for each eligible employee in an amount equal to up to 10 percent of the wages paid by the person to that employee or $10,000, whichever is less, if that employee earned wages in the year for which the tax benefit is claimed equal to one of the following:

AB40,2066 Section 2066. 238.16 (4) (b) 1. a. of the statutes is amended to read:

AB40,918,2 238.16 (4) (b) 1. a. In a tier I county or municipality, at least $20,000 the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

AB40,2067 Section 2067. 238.16 (5) (f) (intro.) of the statutes is amended to read:

AB40,918,6 238.16 (5) (f) (intro.) The corporation shall adopt rules policies and procedures for the implementation and operation of this section, including rules policies and procedures relating to the following:

AB40,2068 Section 2068. 238.16 (5) (f) 5. of the statutes is created to read:

AB40,918,9 238.16 (5) (f) 5. Determining a change in net employment in a person's business.

AB40,2069 Section 2069. 238.20 of the statutes is repealed.

AB40,2070 Section 2070. 238.30 (intro.) of the statutes is amended to read:

AB40,918,12 238.30 Definitions. (intro.) In this section and ss. 238.31 238.301 to 238.395:

AB40,2071 Section 2071. 238.30 (2m) (b) of the statutes is renumbered 238.30 (2m) (b) (intro.) and amended to read:

AB40,918,21 238.30 (2m) (b) (intro.) The corporation may adopt a rule specifying circumstances under which the corporation may grant exceptions to the requirement under par. (a) that a full-time job means a job position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time job mean a job in which an individual, as a condition of employment, is required to work less than 37.5 hours per week. if all of the following apply:

AB40,2072 Section 2072. 238.30 (2m) (b) 1. of the statutes is created to read:

AB40,918,24 238.30 (2m) (b) 1. The annual pay for the position is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

AB40,2073 Section 2073. 238.30 (2m) (b) 2. of the statutes is created to read:

AB40,919,3 238.30 (2m) (b) 2. An individual in the position is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

AB40,2074 Section 2074. 238.30 (4m) of the statutes is amended to read:

AB40,919,17 238.30 (4m) "Member of a targeted group" means a person who resides in an area designated by the federal government as an economic revitalization area, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), 2011 stats., or in a real work, real pay project position under s. 49.147 (3m) trial employment match program job, as defined in s. 49.141 (1) (n), a person who is eligible for child care assistance under s. 49.155, a person who is a vocational rehabilitation referral, an economically disadvantaged youth, an economically disadvantaged veteran, a supplemental security income recipient, a general assistance recipient, an economically disadvantaged ex-convict, a dislocated worker, as defined in 29 USC 2801 (9), or a food stamp recipient, if the person has been certified in the manner under 26 USC 51 (d) (13) (A) by a designated local agency, as defined in 26 USC 51 (d) (12).

AB40,2075 Section 2075. 238.303 (1) (a) of the statutes is amended to read:

AB40,919,25 238.303 (1) (a) Except as provided in pars. (am) and par. (b), and subject to a reallocation by the corporation pursuant to rules adopted under s. 238.15 (3) (d), the total tax benefits available to be allocated by the corporation under ss. 238.301 to 238.306 may not exceed the sum of the tax benefits remaining to be allocated under s. 560.71 to 560.785, 2009 stats., s. 560.797, 2009 stats., s. 560.798, 2009 stats., s. 560.7995, 2009 stats., and s. 560.96, 2009 stats., on March 6, 2009, plus $25,000,000 $100,000,000.

AB40,2076 Section 2076. 238.303 (1) (am) of the statutes is repealed.

AB40,2077 Section 2077. 238.399 (1) (am) 2. of the statutes is renumbered 238.399 (1) (am) 2. (intro.) and amended to read:

AB40,920,9 238.399 (1) (am) 2. (intro.) The corporation may by rule specify circumstances under which the corporation may grant exceptions to the requirement under subd. 1. that a full-time employee means an individual who, as a condition of employment, is required to work at least 2,080 hours per year, but under no circumstances may a full-time employee mean an individual who, as a condition of employment, is required to work less than 37.5 hours per week. if all of the following apply:

AB40,2078 Section 2078. 238.399 (1) (am) 2. a. of the statutes is created to read:

AB40,920,13 238.399 (1) (am) 2. a. The individual is employed in a job for which the annual pay is more than the amount determined by multiplying 2,080 by 150 percent of the federal minimum wage.

AB40,2079 Section 2079. 238.399 (1) (am) 2. b. of the statutes is created to read:

AB40,920,17 238.399 (1) (am) 2. b. The individual is offered retirement, health, and other benefits that are equivalent to the retirement, health, and other benefits offered to an individual who is required to work at least 2,080 hours per year.

AB40,2080 Section 2080. 238.399 (5) (c) 2. (intro.) of the statutes is amended to read:

AB40,920,20 238.399 (5) (c) 2. (intro.) The business makes a significant capital investment in property located in the enterprise zone and all of the following apply:

AB40,2081 Section 2081. 238.399 (5) (c) 2. a. of the statutes is repealed.

AB40,2082 Section 2082. 238.399 (5) (d) 1. of the statutes is amended to read:

AB40,920,24 238.399 (5) (d) 1. The business is an original equipment a manufacturer with a significant supply chain in the state, as determined by the corporation by rule.

AB40,2083 Section 2083. 238.399 (6) (d) of the statutes is amended to read:

AB40,921,4 238.399 (6) (d) The corporation may require a business to repay any tax benefits the business claims for a year in which the business failed to maintain employment or capital investment levels or a significant capital investment in property required by an agreement under sub. (5) (c).