Amendment SSA1-AB181

AB181-SSA1,28,15 3. The business agrees to use fund capital only for research and development, the introduction of a new product in the market, the business's entry into a new market, or other activities that are expected to grow the business and create jobs in this state.

AB181-SSA1,28,18 4. The business is not primarily engaged in real estate development or sales, insurance, banking, lending, lobbying, political consulting, professional services, or retail sales, other than direct sales of products the business itself manufactures.

AB181-SSA1,28,20 (c) The authority may not invest more than $15,000,000 of fund capital in a single qualified investment capital fund.

AB181-SSA1,28,24 (2) Contracts. Before the authority invests any fund capital in a qualified investment capital fund, the authority shall contract with the qualified investment capital fund. In addition to any other terms required or negotiated by the authority, that contract shall include the following requirements:

AB181-SSA1,29,5 (a) The qualified investment capital fund shall commit to maintaining a significant physical presence in this state, including locating an office in this state that is staffed with at least one full-time employee of the qualified investment capital fund whose compensation is paid only by the qualified investment capital fund.

AB181-SSA1,29,10 (b) Within 4 years after the qualified investment capital fund receives a commitment of fund capital from the authority, the qualified investment capital fund shall have made initial investments and maintain reserves for follow-on investments of at least 100 percent of that fund capital in businesses approved by the authority during the life of the fund.

AB181-SSA1,29,12 (c) The qualified investment capital fund may not invest less than $250,000 in fund capital in any one business.

AB181-SSA1,29,19 (d) The qualified investment capital fund may not receive fund capital that exceeds 20 percent of the total moneys for investment, including any outstanding commitment, that the qualified investment capital fund has raised from all sources, except that a Wisconsin-based qualified investment capital fund, as determined by the authority, may not receive fund capital that exceeds 50 percent of the total moneys for investment, including any outstanding commitment, that the qualified investment capital fund has raised from all sources.

AB181-SSA1,29,23 (e) The authority's profit-sharing agreement with any qualified investment capital fund shall be on terms that are substantially equivalent to the terms applicable for other funding sources of the qualified investment capital fund for similar investments.

AB181-SSA1,30,4 (f) From any investment of fund capital by a qualified investment capital fund under this section, the qualified investment capital fund may not pay a fee to itself or to any principal or manager of the qualified investment capital fund that is higher than the average fee it earns on other investments, and the fee may not exceed 2.5 percent of the total amount of fund capital contributed to that investment by the authority.

AB181-SSA1,30,8 (g) The qualified investment capital fund shall disclose to the authority any interest that it or an owner, stockholder, partner, officer, director, member, employee, or agent of the qualified investment capital fund holds in a business in which the qualified investment capital fund invests or intends to invest fund capital.

AB181-SSA1,30,11 (h) The amount of fund capital the qualified investment capital fund receives may not be applied toward a tax credit under s. 71.07 (5b) or (5d), 71.28 (5b), 71.47 (5b), or 76.638.

AB181-SSA1,30,13 (i) The qualified investment capital fund shall maintain liability insurance in the amounts and for the coverages determined by the authority.

AB181-SSA1,30,16 (j) The qualified investment capital fund shall agree that the authority and the state may refer to the qualified investment capital fund's name in public announcements or other documents or communications relating to the fund.

AB181-SSA1,30,21 (3) Repayment of fund capital. In addition to any other legal remedies available to the authority, if a qualified investment capital fund fails to satisfy any of the requirements under sub. (2), the authority is entitled to payment from the qualified investment capital fund equal to 100 percent of the amount of fund capital the qualified investment capital fund received from the authority.

AB181-SSA1,30,24 239.435 Angel investor networks. (1) From the appropriation under s. 20.195 (1) (q), and subject to sub. (2), the authority may commit up to a total of $20,000,000 to investments proposed to the authority by angel investor networks.

AB181-SSA1,31,2 (2) The authority may commit fund capital to an investment in a business under this section only if all of the following requirements are satisfied:

AB181-SSA1,31,3 (a) The business is or will be headquartered in this state.

AB181-SSA1,31,5 (b) The angel investor network agrees to invest $2 for every $1 in fund capital that the authority commits to the investment.

AB181-SSA1,31,8 (c) The authority's profit-sharing agreement with the angel investor network is on terms that are substantially equivalent to the terms applicable for other members of the angel investor network with respect to the investment.

AB181-SSA1,31,12 239.437 Grants to qualified business development organizations. (1) Wisconsin forward jobs fund grants. From the appropriation under s. 20.195 (1) (q), the authority shall make grants to qualified business development organizations that total $8,000,000 over the life of the fund for investment in start-up businesses.

AB181-SSA1,31,16 (2) Application. Any person may apply to the authority, on a form prescribed by the authority, for approval under sub. (3). The application shall include the name, address, and tax identification number of the person and any other information the authority requires.

AB181-SSA1,31,22 (3) Approval. The authority may approve an applicant under sub. (2) to receive a grant under this section if the authority determines that the applicant operates a nonprofit or for-profit business incubator, regional economic development partnership, local economic development organization, or non-profit or for-profit entrepreneurial service agency that directly provides one or more of the following services to start-up businesses:

AB181-SSA1,32,2 (a) A facility that offers rent of the facility at a rate lower than the market rate in the community and provides shared administrative services or other assistance designed to reduce the costs and encourage the growth of a start-up business the facility serves.

AB181-SSA1,32,7 (b) As determined by the authority, high quality business support that is visible and easily accessible to entrepreneurs and small companies; that offers substantial management services or similar services to portfolio companies; and that integrates sources of deal flow, entrepreneurial support, and capital to effectively grow entrepreneurial commercialization outcomes.

AB181-SSA1,32,11 (4) Contracts. Before the authority makes a grant under this section to a qualified business development organization, the authority shall contract with the qualified business development organization. In addition to any other terms required by the authority, that contract shall include the following requirements:

AB181-SSA1,32,15 (a) The qualified business development organization shall commit to maintaining a significant physical presence in this state, including locating an office in this state that is staffed with at least one full-time employee of the qualified business development organization.

AB181-SSA1,32,19 (b) The qualified business development organization shall invest 100 percent of the amount of the grant it receives from the authority under this section in a business that meets all of the following conditions at the time the qualified business development organization first invests in the business under this paragraph:

AB181-SSA1,32,20 1. The business is headquartered in this state.

AB181-SSA1,32,22 2. The business employs at least 50 percent of its employees, including any subsidiary or other affiliated entity, in this state.

AB181-SSA1,33,2 3. The business agrees to use fund capital only for research and development, the introduction of a new product in the market, the business's entry into a new market, or other activities that are expected to grow the business and create jobs in this state.

AB181-SSA1,33,4 4. The business is not primarily engaged in real estate development or sales, insurance, banking, lending, lobbying, or political consulting.

AB181-SSA1,33,8 5. The business is participating in a business development program that is approved by the authority and is operated or approved by the qualified business development organization, and the business receives the investment under this paragraph as part of that program.

AB181-SSA1,33,13 (c) 1. When a qualified business development organization makes an investment of grant moneys in a business, the qualified business development organization shall at least match the amount of those grant moneys with an investment of capital in the business that the qualified business development organization has raised from other sources.

AB181-SSA1,33,19 2. If an investment of grant moneys subject to subd. 1. is made as part of an existing equity investment portfolio that the qualified business development organization already manages and that portfolio has been funded from other sources, the qualified business development organization shall apply those moneys supplied from those other sources for the purpose of satisfying the matching requirement under subd. 1.

AB181-SSA1,33,22 (d) The qualified business development organization may not apply the amount of the grant moneys it receives from the authority toward a tax credit under s. 71.07 (5b) or (5d), 71.28 (5b), 71.47 (5b), or 76.638.

AB181-SSA1,34,2 239.44 Businesses that operate in economically distressed areas. (1) In this section, "distressed community" means an economically distressed area, as designated by the Wisconsin Economic Development Corporation under s. 238.304 (1).

AB181-SSA1,34,5 (2) (a) To the extent feasible, the authority shall attempt to ensure that the moneys it invests under s. 239.435 are invested in businesses that operate in a distressed community.

AB181-SSA1,34,8 (b) To the extent feasible, the authority shall attempt to ensure that the moneys it grants under s. 239.437 are invested by qualified business development organizations in businesses that operate in a distressed community.

AB181-SSA1,34,11 (3) Upon its liquidation of assets under s. 239.49 (2) (a), the authority shall use 25 percent of the amount of those liquidated assets that exceeds $208,000,000 for an economic development program that serves distressed communities.

AB181-SSA1,34,15 239.45 Reporting requirements. (1) Annual report. Annually, the authority shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and to the governor, a report that includes all of the following:

AB181-SSA1,34,17 (a) An accounting of the financial status of the fund, including the opinion of an independent certified public accountant.

AB181-SSA1,34,18 (b) The authority's current investment policy for the fund.

AB181-SSA1,34,19 (c) The authority's internal rate of return from its investments of fund capital.

AB181-SSA1,34,22 (d) For each qualified investment capital fund in which the authority held an investment of fund capital under s. 239.43 during the preceding year, all of the following:

AB181-SSA1,34,23 1. The name and address of the qualified investment capital fund.

AB181-SSA1,34,25 2. The amount of each investment and the amount contributed to the investment by the qualified investment capital fund.

AB181-SSA1,35,2 3. The internal rate of return realized by the qualified investment capital fund on each investment.

AB181-SSA1,35,5 4. An accounting of any fee the qualified investment capital fund paid to itself or any principal or manager of the qualified investment capital fund during the preceding year.

AB181-SSA1,35,7 (e) For each business in which a qualified investment capital fund held an investment of fund capital during the preceding year, all of the following:

AB181-SSA1,35,8 1. The name and address of the business.

AB181-SSA1,35,9 2. A description of the nature of the business.

AB181-SSA1,35,11 3. The amount of each investment of fund capital in the business and the amount contributed to that investment by the qualified investment capital fund.

AB181-SSA1,35,13 4. An identification of the qualified investment capital fund that made the investment.

AB181-SSA1,35,18 5. A statement of the number of employees the business employed when the qualified investment capital fund first invested in the business, the number of employees the business employed on January 1 of the year preceding the year of the report, and the number of employees the business employed on December 31 of the year preceding the year of the report.

AB181-SSA1,35,20 (f) For each investment of fund capital held by the authority in a business under s. 239.435 during the preceding year, all of the following:

AB181-SSA1,35,21 1. The name and address of the business.

AB181-SSA1,35,22 2. A description of the nature of the business.

AB181-SSA1,35,23 3. An identification of the angel investor network.

AB181-SSA1,35,25 4. The amount of the investment and the amount contributed to the investment by the angel investor network.

AB181-SSA1,36,5 5. A statement of the number of employees the business employed when the authority first invested in the business, the number of employees the business employed on January 1 of the year preceding the year of the report, and the number of employees the business employed on December 31 of the year preceding the year of the report.

AB181-SSA1,36,6 (g) With respect to grants under s. 239.437, all of the following:

AB181-SSA1,36,8 1. An accounting of the total amount of moneys the authority granted to qualified business development organizations during the preceding year.

AB181-SSA1,36,11 2. For each qualified business development organization that received a grant from the authority during the preceding year, the name and address of the qualified business development organization and the amount of the grant.

AB181-SSA1,36,22 3. For each business in which a qualified business development organization held an investment of grant moneys during the preceding year, the name and address of the business, a description of the nature of the business, and an identification of the qualified business development organization that made the investment; the total amount of each investment in the business, including grant moneys and moneys contributed by the qualified business development organization or by other funding sources; and a statement of the number of employees the business employed when the qualified business development organization first invested grant moneys in the business, the number of employees the business employed on January 1 of the year preceding the year of the report, and the number of employees the business employed on December 31 of the year preceding the year of the report.

AB181-SSA1,36,24 (2) Progress report. In January 2020, the authority shall submit a report to the joint committee on finance that includes all of the following:

AB181-SSA1,37,2 (a) A comprehensive assessment of the success to date of the programs administered by the authority under this subchapter.

AB181-SSA1,37,6 (b) Any recommendations the authority has for improvement of the programs administered by the authority under this subchapter and the specific actions the authority intends to take or proposes to be taken to implement those recommendations.

AB181-SSA1,37,10 (c) Any recommendations the investment board has for improvement of the programs administered by the authority under this subchapter and the specific actions the investment board proposes to be taken to implement those recommendations.

AB181-SSA1,37,12 (3) Board responsibility. The board shall ensure that the reports under subs. (1) and (2) are complete and submitted in a timely manner.

AB181-SSA1,37,18 239.49 Winding up of the Wisconsin forward jobs fund. (1) End of business. The secretary of administration shall determine the date that the authority satisfies the requirements under sub. (2) and shall provide a written notice that states that date to the legislative reference bureau for publication in the Wisconsin Administrative Register. The authority may not conduct business under this subchapter after that date.

AB181-SSA1,37,20 (2) Liquidation of assets, transfer of property, and assignment of contracts. In December 2031, the authority shall do all of the following:

AB181-SSA1,37,24 (a) Liquidate all of the authority's assets under this subchapter, including any interest in an investment subject to this subchapter that is owned by the authority, and, subject to s. 239.44 (3), pay the proceeds of that liquidation to the secretary of administration for deposit into the general fund.

AB181-SSA1,38,2 (b) Transfer any tangible personal property owned by the authority under this subchapter, including records, to the department of administration.

AB181-SSA1,38,4 (c) Assign any contract entered into by the authority under this subchapter to the secretary of administration.

AB181-SSA1,46 Section 46 . Nonstatutory provisions.

AB181-SSA1,38,7 (1) Definition. In this Section, "authority" means the Wisconsin Venture Capital Authority, as created by this act.

AB181-SSA1,38,8 (2) Initial appointments.

AB181-SSA1,38,19 (a) Notwithstanding the requirement of advice and consent of the senate under section 239.02 (1) (c) of the statutes, as created by this act, the initial members of the board of directors of the authority nominated by the executive director of the investment board under section 239.02 (1) (c) of the statutes, as created by this act, may be provisionally appointed by the executive director of the investment board, subject to later senate confirmation. Any provisional appointment shall be in full force until withdrawn by the executive director of the investment board 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 chosen 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.

AB181-SSA1,38,25 (b) A provisional appointment made under paragraph (a) that is withdrawn by the executive director of the investment board shall, upon withdrawal, lapse and create a vacancy for provisional appointment of another initial member of the board of directors of the authority. Any provisional appointment made under paragraph (a) that is rejected by the senate shall upon rejection lapse and create a vacancy for nomination and appointment of another initial board member under paragraph (a).

AB181-SSA1,39,3 (c) Notwithstanding the lengths of terms specified in section 239.02 (1) of the statutes, as created by this act, the initial members of the board of directors of the authority shall be appointed for the following terms:

AB181-SSA1,39,5 1. Two members nominated by the executive director of the investment board for terms expiring on July 1, 2017.

AB181-SSA1,39,7 2. Two members nominated by the executive director of the investment board for terms expiring on July 1, 2018.

AB181-SSA1,39,9 3. Two members nominated by the executive director of the investment board for terms expiring on July 1, 2019.

AB181-SSA1,39,11 4. One member nominated by the executive director of the investment board for a term expiring on July 1, 2020.

AB181-SSA1,39,15 (d) The governor, the executive director of the investment board, the speaker of the assembly, and the senate majority leader shall attempt to appoint the initial members of the board under section 239.02 (1) of the statutes, as created by this act, within 60 days after the effective date of this paragraph.

AB181-SSA1,47 Section 47. Effective dates. This act takes effect on the day after publication, except as follows:

AB181-SSA1,39,19 (1) The repeal and recreation of section 230.03 (3) of the statutes takes effect on July 1, 2013, or on the day after publication, whichever is later.

AB181-SSA1,39,20 (End)