AB150: Bill Text Engrossed

AB150-engrossed,2078,8 (h) Other matters relating to the bonds that the board considers desirable.

AB150-engrossed,2078,12 (5) Neither the members of the board nor any person executing the bonds is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds, unless the personal liability or accountability is the result of wilful misconduct.

AB150-engrossed,2078,21 233.21 Bond security. The authority may secure bonds by a trust agreement, trust indenture, indenture of mortgage or deed of trust by and between the authority and one or more corporate trustees. A bond resolution providing for the issuance of bonds so secured shall mortgage, pledge, assign or grant security interests in some or all of the revenues to be received by, and property of, the authority and may contain those provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper and not in violation of law. A bond resolution may contain other provisions determined by the board to be reasonable and proper for the security of the bondholders.

AB150-engrossed,2079,2 233.22 Bonds not public debt. (1) The state is not liable on bonds and the bonds are not a debt of the state. All bonds shall contain a statement to this effect on the face of the bond. A bond issue does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of the bonds. Nothing in this section prevents the authority from pledging its full faith and credit to the payment of bonds.

AB150-engrossed,2079,12 (2) Nothing in this chapter authorizes the authority to create a debt of the state, and all bonds issued by the authority are payable, and shall state that they are payable, solely from the funds pledged for their payment in accordance with the bond resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security for the bonds. The state is not liable for the payment of the principal of or interest on a bond or for the performance of any pledge, mortgage, obligation or agreement that may be undertaken by the authority. The breach of any pledge, mortgage, obligation or agreement undertaken by the authority does not impose pecuniary liability upon the state or a charge upon its general credit or against its taxing power.

AB150-engrossed,2079,19 233.23 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter before the authority has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with the authority.

AB150-engrossed,2079,23 233.26 Refunding bonds. (1) The authority may issue bonds to fund or refund any outstanding bond, including the payment of any redemption premium on the outstanding bond and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity.

AB150-engrossed,2080,3 (2) The authority may apply the proceeds of any bond issued to fund or refund any outstanding bond to purchase, retire at maturity or redeem any outstanding bond. The authority may, pending application, place the proceeds in escrow to be applied to the purchase, retirement at maturity or redemption of any outstanding bond at any time.

AB150-engrossed,2080,10 233.27 Limit on the amount of outstanding bonds. The authority may not issue bonds or incur indebtedness described under s. 233.03 (12) if, after the bonds are issued or the indebtedness is incurred, the aggregate principal amount of the authority's outstanding bonds, together with all indebtedness described under s. 233.03 (12) would exceed $50,000,000. Bonds issued to fund or refund outstanding bonds, or indebtedness incurred to pay off or purchase outstanding indebtedness, is not included in calculating compliance with the $50,000,000 limit.

AB150-engrossed, s. 6301j Section 6301j. 233.03 (7) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2080,18 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act .... (this act), section 9159 (4) and the duty to engage in collective bargaining with employes in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, employ any agent, employe or special advisor that the authority finds necessary and fix his or her compensation and provide any employe benefits, including an employe pension plan.

AB150-engrossed, s. 6301m Section 6301m. 233.10 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2080,23 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty to engage in collective bargaining with employes in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111:

AB150-engrossed, s. 6301p Section 6301p. 233.10 (6) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 6302 Section 6302. 234.01 (5k) of the statutes is amended to read:

AB150-engrossed,2081,6 234.01 (5k) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, finance company, mortgage banker registered under s. 440.72 224.72, community development corporation, small business investment corporation, pension fund or other lender which provides commercial loans in this state.

AB150-engrossed, s. 6302c Section 6302c. 234.04 (2) of the statutes is amended to read:

AB150-engrossed,2081,19 234.04 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans to persons and families of low and moderate income, an applicant under s. 234.59 or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan to a person if it receives a certification under s. 46.255 73.255 (7) that the person is delinquent in child support or maintenance payments. The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

AB150-engrossed, s. 6302j Section 6302j. 234.265 (2) of the statutes is amended to read:

AB150-engrossed,2082,3 234.265 (2) Records or portions of records consisting of personal or financial information provided by a person seeking a grant or loan under s. 234.08, 234.49, 234.59, 234.65, 234.67, 234.68, 234.69, 234.70, 234.765, 234.82, 234.83, 234.84, 234.87, 234.90, 234.905 or 234.907, seeking a loan under ss. 234.621 to 234.626, seeking financial assistance under s. 234.66 or under ss. 234.75 to 234.802, seeking investment of funds under s. 234.03 (18m) or in which the authority has invested funds under s. 234.03 (18m), unless the person consents to disclosure of the information.

AB150-engrossed, s. 6302r Section 6302r. 234.49 (1) (c) of the statutes is amended to read:

AB150-engrossed,2082,8 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of health and social services revenue under s. 46.255 73.255 (7) or a family who or which falls within the income limits specified in par. (f).

AB150-engrossed, s. 6303 Section 6303. 234.49 (2) (a) 4. of the statutes is amended to read:

AB150-engrossed,2082,14 234.49 (2) (a) 4. To designate as an authorized lender the authority or any local government agency, housing authority under s. 59.075, 61.73, 66.395 or 66.40, bank, savings bank, savings and loan institution, mortgage banker registered under s. 440.72 224.72 or credit union, if the designee has a demonstrated history or potential of ability to adequately make and service housing rehabilitation loans.

AB150-engrossed, s. 6304 Section 6304. 234.59 (1) (h) of the statutes is amended to read:

AB150-engrossed,2082,17 234.59 (1) (h) "Mortgage banker" means a mortgage banker registered under s. 440.72 224.72, but does not include a person licensed under s. 138.09.

AB150-engrossed, s. 6304c Section 6304c. 234.59 (3) (c) of the statutes is amended to read:

AB150-engrossed,2082,22 234.59 (3) (c) The authority shall notify an eligible lender if it receives a certification under s. 46.255 73.255 (7) that a person is delinquent in child support or maintenance payments. An eligible lender may not make a loan to an applicant if it receives notification under this paragraph concerning the applicant.

AB150-engrossed, s. 6304p Section 6304p. 234.65 (3) (f) of the statutes is amended to read:

AB150-engrossed,2083,3 234.65 (3) (f) The authority has not received a certification under s. 46.255 73.255 (7) that the person receiving the loan is delinquent in child support or maintenance payments.

AB150-engrossed, s. 6305 Section 6305. 234.75 (10) of the statutes is amended to read:

AB150-engrossed,2083,11 234.75 (10) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, and the authority, the Bradley center sports and entertainment corporation , the University of Wisconsin Hospitals and Clinics Authority and the health and educational facilities authority.

AB150-engrossed, s. 6305i Section 6305i. 234.82 (title) of the statutes is amended to read:

AB150-engrossed,2083,14 234.82 (title) Business improvement or start-up loan guarantee program.

AB150-engrossed, s. 6305j Section 6305j. 234.82 (1) (a) of the statutes is renumbered 234.82 (1) (a) (intro.) and amended to read:

AB150-engrossed,2083,17 234.82 (1) (a) (intro.) "Eligible business" means a any of the following:

AB150-engrossed,2083,21 1. A business that is primarily engaged in or derives a substantial percentage of its annual gross revenue from furnishing goods, services, lodging, recreation facilities or amusement facilities to tourists or from furnishing goods or services to such businesses.

AB150-engrossed, s. 6305k Section 6305k. 234.82 (1) (a) 2. of the statutes is created to read:

AB150-engrossed,2083,24 234.82 (1) (a) 2. A business that derives more than 50% of its annual gross revenue from furnishing lodging.

AB150-engrossed, s. 6305km Section 6305km. 234.82 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,2084,3 234.82 (2) Guarantee requirements. (intro.) The authority may use money from the Wisconsin development reserve fund to guarantee a business improvement or start-up loan if all of the following apply:

AB150-engrossed, s. 6305L Section 6305L. 234.82 (3) (a) of the statutes is amended to read:

AB150-engrossed,2084,6 234.82 (3) (a) The person is engaged in an eligible business under sub. (1) (a) 1. or intends to engage in an eligible business under sub. (1) (a) 2.

AB150-engrossed, s. 6305m Section 6305m. 234.82 (3) (b) of the statutes is amended to read:

AB150-engrossed,2084,12 234.82 (3) (b) The annual gross revenue of the person, together with any parent, subsidiary or affiliate corporation, does not exceed $2,500,000 or, if the person intends to engage in an eligible business under sub. (1) (a) 2., the annual gross revenue of the person, together with any parent, subsidiary or affiliate corporation, will not exceed $2,500,000.

AB150-engrossed, s. 6305n Section 6305n. 234.82 (3) (c) of the statutes is amended to read:

AB150-engrossed,2084,18 234.82 (3) (c) The person, together with any parent, subsidiary or affiliate corporation, employs fewer than 25 employes on a full-time basis or, if the person intends to engage in an eligible business under sub. (1) (a) 2., the person, together with any parent, subsidiary or affiliate corporation, will employ fewer than 25 employes on a full-time basis.

AB150-engrossed, s. 6305np Section 6305np. 234.82 (4) (a) of the statutes is amended to read:

AB150-engrossed,2084,25 234.82 (4) (a) The borrower uses the loan proceeds for upgrading, renovating or expanding an eligible business under sub. (1) (a) 1. or for start-up costs for an eligible business under sub. (1) (a) 2. Loan proceeds may be used for direct or related expenses associated with the purchase or improvement of land, buildings, machinery, equipment or inventory. Loan proceeds may not be used to refinance existing debt or for operating or entertainment expenses.

AB150-engrossed, s. 6305nr Section 6305nr. 234.84 of the statutes is created to read:

AB150-engrossed,2085,4 234.84 Job training loan guarantee program. (1) Guarantee requirements. The authority may use money from the Wisconsin development reserve fund to guarantee a loan under this section if all of the following apply:

AB150-engrossed,2085,5 (a) The borrower is an employer in this state.

AB150-engrossed,2085,6 (b) The loan qualifies as an eligible loan under sub. (2).

AB150-engrossed,2085,8 (c) The lender is a financial institution that enters into an agreement under s. 234.93 (2) (a).

AB150-engrossed,2085,10 (2) Eligible loans. A loan is eligible for guarantee of collection from the Wisconsin development reserve fund under s. 234.93 if all of the following apply:

AB150-engrossed,2085,13 (a) The borrower uses the loan proceeds for expenses related to employe training or retraining or for purchasing equipment or upgrading facilities for purposes related to employe training or retraining.

AB150-engrossed,2085,15 (b) Loan proceeds are not used to refinance existing debt or for operating or entertainment expenses.

AB150-engrossed,2085,17 (c) The interest rate on the loan, including any origination fees or other charges, is approved by the authority.

AB150-engrossed,2085,20 (d) The loan term does not extend beyond 3 years if the loan proceeds are used exclusively for expenses related to instruction or training, or beyond 5 years if the loan proceeds are used for purchasing equipment or upgrading facilities.

AB150-engrossed,2085,22 (e) The total principal amount of all loans to the borrower that are guaranteed under this section does not exceed $250,000.

AB150-engrossed,2085,25 (f) The financial institution obtains a security interest in the physical plant, equipment or other assets if the loan proceeds are used for purchasing equipment or upgrading facilities.

AB150-engrossed,2086,2 (g) The financial institution believes that it is reasonably likely that the borrower will be able to repay the loan in full with interest.

AB150-engrossed,2086,4 (h) The financial institution agrees to the percentage of guarantee established for the loan by the authority.

AB150-engrossed,2086,11 (3) Guarantee of collection. (a) Subject to par. (b), the authority shall guarantee collection of a percentage of the principal of any loan eligible for a guarantee under sub. (1). The authority shall establish the percentage of the principal of an eligible loan that will be guaranteed, using the procedures described in the agreement under s. 234.93 (2) (a). The authority may establish a single percentage for all guaranteed loans or establish different percentages for eligible loans on an individual basis.

AB150-engrossed,2086,14 (b) Except as provided in s. 234.93 (3), the total outstanding guaranteed principal amount of all loans that the authority may guarantee under par. (a) may not exceed $14,000,000.

AB150-engrossed, s. 6305p Section 6305p. 234.90 (3) (d) of the statutes is amended to read:

AB150-engrossed,2086,18 234.90 (3) (d) The authority has not received a certification under s. 46.255 73.255 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-engrossed, s. 6305r Section 6305r. 234.90 (3g) (c) of the statutes is amended to read:

AB150-engrossed,2086,22 234.90 (3g) (c) The authority has not received a certification under s. 46.255 73.255 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-engrossed, s. 6305t Section 6305t. 234.905 (3) (d) of the statutes is amended to read:

AB150-engrossed,2087,3 234.905 (3) (d) The authority has not received a certification under s. 46.255 73.255 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-engrossed, s. 6307m Section 6307m. 236.02 (3) of the statutes is amended to read:

AB150-engrossed,2087,10 236.02 (3) "County planning agency" means a rural county planning agency authorized by s. 27.015 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.97 or any agency created by the county board and authorized by statute to plan land use.

AB150-engrossed, s. 6308 Section 6308. 236.02 (4) of the statutes is amended to read:

AB150-engrossed,2087,13 236.02 (4) "Department" means the department of agriculture, trade and consumer protection development.

AB150-engrossed, s. 6309 Section 6309. 236.12 (2) (a) of the statutes is amended to read:

AB150-engrossed,2088,2 236.12 (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. 236.13 (1) (d) and (2m), 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 such service has not been made, the department shall transmit 2 copies to the department of industry, labor and human relations 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. 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.

AB150-engrossed, s. 6310 Section 6310. 236.13 (1) (d) of the statutes is amended to read:

AB150-engrossed,2088,7 236.13 (1) (d) The rules of the department of industry, labor and human relations 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;

AB150-engrossed, s. 6311 Section 6311. 236.13 (2m) of the statutes is amended to read:

AB150-engrossed,2088,21 236.13 (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 industry, labor and human relations development, 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, industrial wastes and other wastes, as defined in s. 144.01. The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of industry, labor and human relations development determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB150-engrossed, s. 6313b Section 6313b. 250.08 (3) of the statutes is amended to read:

AB150-engrossed,2089,10 250.08 (3) Primary health care services grants. From the appropriation under s. 20.435 (1) (cp), the department shall award up to $750,000 in each fiscal year $500,000 in fiscal year 1995-96 and up to $250,000 in fiscal year 1996-97 as grants to applying local health departments. Grants under this subsection shall be awarded, under procedures and criteria developed by the department, for the provision, primarily by nurse practitioners who meet the qualifications for certification as medical assistance providers by the department and by public health nurses, of primary health care services in, among other places, maternal and child health clinics and community health settings. Award of a grant to a local health department under this subsection is conditioned upon receipt by the department of an agreement by the county, city or village that has established the local health department to provide funds or in-kind services to match 25% of the amount of a grant awarded.

AB150-engrossed, s. 6314 Section 6314. 250.10 of the statutes is amended to read:

AB150-engrossed,2089,17 250.10 Grant for dental services. From the appropriation under s. 20.435 (1) (de), the department shall provide funding in each fiscal year to the Marquette university school of dentistry University School of Dentistry for the provision of dental services by the Marquette university school of dentistry University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee.

AB150-engrossed, s. 6316 Section 6316. 252.076 (3) of the statutes is amended to read:

AB150-engrossed,2089,25 252.076 (3) Management of the 2 jointly housed units shall be separate and distinct. The county home unit shall for all purposes be deemed part of, and managed and operated by the same authorities as any previously established and existing county home of the county. Except as otherwise provided by statute and so far as applicable, this section and ss. 252.073 and 252.08 shall continue to apply to a jointly housed county tuberculosis sanatorium and ss. 49.14 and 49.15 49.70 and 49.703 shall apply to a jointly housed county home or a unit of a jointly housed county home.

AB150-engrossed, s. 6317 Section 6317. 252.08 (3) of the statutes is amended to read:

AB150-engrossed,2090,7 252.08 (3) Inpatient care exceeding 30 days for pulmonary tuberculosis patients not eligible for federal medicare benefits, for medical assistance under subch. V of ch. 49 or for general health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.