Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 2359k Section 2359k. 229.46 (8) of the statutes is created to read:

AB133-ASA1-AA2,408,23 229.46 (8) (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

AB133-ASA1-AA2,409,3 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,409,6 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,409,9 3. Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,409,10 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,409,13 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,409,18 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

AB133-ASA1-AA2, s. 2359L Section 2359L. 229.65 (6m) of the statutes is created to read:

AB133-ASA1-AA2,409,20 229.65 (6m) "Labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 2359m Section 2359m. 229.68 (4) (d) of the statutes is amended to read:

AB133-ASA1-AA2,410,2 229.68 (4) (d) Enter into contracts, subject to s. 229.682 (9) and to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and, subject to s. 229.682 (9), may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

AB133-ASA1-AA2, s. 2359n Section 2359n. 229.682 (9) of the statutes is created to read:

AB133-ASA1-AA2,410,6 229.682 (9) Contracts with labor organizations. (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

AB133-ASA1-AA2,410,9 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,410,12 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,410,15 3. Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,410,16 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,410,19 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,410,24 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,411,2 904. Page 1195, line 6: delete the material beginning with that line and ending with page 1196, line 13.

AB133-ASA1-AA2,411,3 905. Page 1197, line 3: delete lines 3 to 13 and substitute:

AB133-ASA1-AA2,411,4 " Section 2359ts. 230.046 (4) of the statutes is amended to read:

AB133-ASA1-AA2,411,8 230.046 (4) Records of training program participation. Each agency shall adopt a standardized system for measuring, recording, reporting, accumulating and recognizing employe participation in its training program. The system may not take effect until approved by the secretary.

AB133-ASA1-AA2, s. 2359tw Section 2359tw. 230.046 (5) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,411,12 230.046 (5) Initiation of programs. (intro.) Unless otherwise empowered by law, any agency desiring to initiate a training program under sub. (3) shall certify to the secretary ensure that:

AB133-ASA1-AA2, s. 2359uc Section 2359uc. 230.046 (10) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,411,15 230.046 (10) Department functions. The department may do all of the following:

AB133-ASA1-AA2,411,17 (a) Conduct off-the-job employe development and training programs relating to functions under this chapter or subch. V of ch. 111.

AB133-ASA1-AA2,411,19 (b) Charge fees to state agencies whose employes participate in employe development and training programs under this subsection.

AB133-ASA1-AA2, s. 2359uh Section 2359uh. 230.046 (11) of the statutes is repealed.".

AB133-ASA1-AA2,411,21 906. Page 1198, line 14: after that line insert:

AB133-ASA1-AA2,411,22 " Section 2362p. 230.08 (2) (pm) of the statutes is amended to read:

AB133-ASA1-AA2,411,23 230.08 (2) (pm) The All employes of the state fair park director board.".

AB133-ASA1-AA2,411,24 907. Page 1201, line 1: delete lines 1 to 5.

AB133-ASA1-AA2,412,1 908. Page 1205, line 3: after that line insert:

AB133-ASA1-AA2,412,2 " Section 2376c. 234.64 of the statutes is created to read:

AB133-ASA1-AA2,412,3 234.64 Biotechnology development finance company. (1) In this section:

AB133-ASA1-AA2,412,4 (a) "Biotechnology" means technology related to life sciences.

AB133-ASA1-AA2,412,5 (b) "Capital participation instrument" means all of the following:

AB133-ASA1-AA2,412,6 1. Any of the following or an option or other right to acquire any of the following:

AB133-ASA1-AA2,412,7 a. Common or preferred capital stock.

AB133-ASA1-AA2,412,8 b. Convertible securities.

AB133-ASA1-AA2,412,9 c. Evidences of long-term or short-term indebtedness.

AB133-ASA1-AA2,412,10 d. Warrants.

AB133-ASA1-AA2,412,11 e. Subscriptions.

AB133-ASA1-AA2,412,12 f. Partnership or membership interests.

AB133-ASA1-AA2,412,14 2. Royalties or other lawful derivations of a capital participation instrument listed under subd. 1.

AB133-ASA1-AA2,412,21 (c) "Cost of a project" means costs associated with the design, planning and implementation of a project that, in accordance with sound business and financial practices, are appropriate charges to the project. The costs may include the costs of planning and design, options to buy land, feasibility or other studies, equipment, seed money, construction, working capital and any other costs determined by the biotechnology development finance company to be necessary to the purposes of this section.

AB133-ASA1-AA2,412,23 (d) "Project" means commercial, industrial or other economic activity that is undertaken by a biotechnology company in this state.

AB133-ASA1-AA2,413,7 (2) (a) The authority may organize and maintain a biotechnology development finance company as a nonstock, nonprofit corporation under ch. 181 for the exclusive purpose of investing in new or existing biotechnology companies in this state. If the authority organizes a biotechnology development finance company, the authority shall transfer all moneys received by the authority in the transfer under 1999 Wisconsin Act .... (this act), section 9210 (2e), to the company for start-up capital and for reasonable administrative expenses of the company.

AB133-ASA1-AA2,413,11 (b) Subject to par. (c), the biotechnology development finance company may purchase a capital participation instrument of a project. The biotechnology development finance company shall ensure that all of the following apply with respect to a project before any investment is made in the project:

AB133-ASA1-AA2,413,13 1. The biotechnology company has certified that the project plans conform to all applicable environmental, zoning, building, planning or sanitation laws.

AB133-ASA1-AA2,413,15 2. There is a reasonable expectation that the biotechnology company will be successful.

AB133-ASA1-AA2,413,16 3. Private industry has not provided sufficient capital required for the project.

AB133-ASA1-AA2,413,20 4. The investment is necessary to the successful completion of the proposed project because other investment in the project is unavailable in the traditional capital markets, or because capital has been offered on terms that would preclude the success of the project.

AB133-ASA1-AA2,413,24 5. Provision has been made by contract for adequate reporting of financial data by the project to the biotechnology development finance company. Those provisions may include a requirement for an annual or other periodic audit of the project's financial records.

AB133-ASA1-AA2,414,2 6. The proceeds of the purchase will be used solely in connection with the costs of the project.

AB133-ASA1-AA2,414,3 7. The biotechnology company is able to manage its project responsibilities.

AB133-ASA1-AA2,414,6 (c) 1. The biotechnology development finance company may not own more than 49% of the voting stock or other interest in any enterprise as a result of a purchase under par. (b).

AB133-ASA1-AA2,414,8 2. The total investment by the biotechnology development finance company in any one biotechnology company may not exceed $200,000.

AB133-ASA1-AA2,414,10 (d) The findings made by the biotechnology development finance company with respect to whether a project meets the conditions under par. (b) 1. to 7. are conclusive.

AB133-ASA1-AA2,414,19 (3) The authority shall enter into a contract with the biotechnology development finance company. The contract shall provide that the authority may make use of the services of the biotechnology development finance company and that the authority shall advise, assist and provide administrative services to the biotechnology development finance company. The authority shall determine the type and scope of any administrative services provided by the authority to the biotechnology development finance company. The authority may assign employes or contract with private or state agencies to perform the administrative services. The biotechnology development finance company may not engage in political activities.

AB133-ASA1-AA2,414,21 (4) (a) The board of directors of the biotechnology development finance company shall consist of all of the following members:

AB133-ASA1-AA2,414,22 1. The executive director of the authority, or his or her designee.

AB133-ASA1-AA2,414,23 2. The secretary of commerce, or his or her designee.

AB133-ASA1-AA2,414,24 3. The secretary of administration, or his or her designee.

AB133-ASA1-AA2,414,25 4. The executive director of the investment board, or his or her designee.

AB133-ASA1-AA2,415,1 5. The president of the University of Wisconsin System, or his or her designee.

AB133-ASA1-AA2,415,2 6. The president of Forward Wisconsin, Inc., or his or her designee.

AB133-ASA1-AA2,415,3 7. A representative of the state's biotechnology research community.

AB133-ASA1-AA2,415,4 8. A representative of the state's biotechnology industry.

AB133-ASA1-AA2,415,5 9. A representative of the state's venture capital industry.

AB133-ASA1-AA2,415,9 (b) The members under par. (a) 7. to 9. shall serve 5-year terms and the initial members under par. (a) 7. to 9. shall be appointed by the governor. The biotechnology development finance company, in its bylaws, shall specify the method for electing new members under par. (a) 7. to 9. and for filling vacancies.

AB133-ASA1-AA2,415,12 (5) Annually, the biotechnology development finance company shall provide a report on its activities to the appropriate standing committees of each house of the legislature in the manner provided under s. 13.172 (3) and to the governor.

AB133-ASA1-AA2,415,19 (6) The assets transferred to, and the assets and liabilities of, the biotechnology development finance company shall be separate from all other assets and liabilities of the state, of all political subdivisions of the state and of the authority. Neither the state, any political subdivision of the state nor the authority guarantees any obligation of or has any obligation to the biotechnology development finance company. Neither the state, any political subdivision of the state nor the authority is liable for any debt or liability of the biotechnology development finance company.".

AB133-ASA1-AA2,415,21 909. Page 1208, line 5: delete the material beginning with that line and ending with page 1209, line 4.

AB133-ASA1-AA2,415,22 910. Page 1209, line 13: delete lines 13 to 19.

AB133-ASA1-AA2,415,23 911. Page 1210, line 11: after that line insert:

AB133-ASA1-AA2,416,2 " Section 2400em. 250.01 (4) (a) 4. of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,416,4 250.01 (4) (a) 4. A multiple municipal local health department established under s. 251.02 (3m).".

AB133-ASA1-AA2,416,5 912. Page 1211, line 9: delete "$3,500,000" and substitute "$1,750,000".

AB133-ASA1-AA2,416,6 913. Page 1211, line 9: delete "$4,000,000" and substitute "$2,000,000".

AB133-ASA1-AA2,416,7 914. Page 1211, line 18: after that line insert:

AB133-ASA1-AA2,416,8 " Section 2400qc. 251.02 (1) of the statutes is amended to read:

AB133-ASA1-AA2,416,15 251.02 (1) In counties with a population of less than 500,000, the county board shall establish a county health department that meets the requirements of this chapter. The county health department shall serve all areas of the county that are not served by a city health department that was established prior to January 1, 1994, or by a town or village multiple municipal local health department established under sub. (3m). No city health department may be established after that date January 1, 1994, but a city-county health department may be established after that date.

AB133-ASA1-AA2, s. 2400qd Section 2400qd. 251.02 (3m) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,416,23 251.02 (3m) If a county has a population of at least 100,000 but less than 500,000 and the county board of that county has, by July 1, 1985, abolished a county health commission or committee established under s. 141.10, 1991 stats., the governing body of a city, village or town in that county may, in concert with the governing body of another city, village or town in that county, establish a multiple municipal local health department and elect a local health officer consistent with this chapter.

AB133-ASA1-AA2, s. 2400qe Section 2400qe. 251.03 (4m) of the statutes is repealed and recreated to read: