AB920,16,1715
25.156
(2m) The
investment board shall employ an internal auditor, who shall
16serve outside the classified service. The board shall fix the compensation of the
17internal auditor.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 30
18Section
30. 25.156 (8) of the statutes is amended to read:
AB920,16,1919
25.156
(8) The
investment board shall keep full minutes of its proceedings.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 31
20Section
31. 25.156 (9) of the statutes is amended to read:
AB920,17,3
125.156
(9) The chairperson of the
investment board shall appear at least
2annually before any committee established in the senate, whose jurisdiction includes
3financial institutions, if that committee so requests.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 32
4Section
32. 25.16 (1) of the statutes is amended to read:
AB920,17,105
25.16
(1) The executive and administrative functions of the
investment board,
6except for the functions performed by the internal auditor under s. 25.165 (2), shall
7be vested in an executive director, who shall perform the functions of executive
8director in conformity with the requirements of the members of the board and in
9accordance with policies, principles and directives determined by the members of the
10board.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 33
11Section
33. 25.16 (2) of the statutes is amended to read:
AB920,18,212
25.16
(2) Subject to authorization under s. 16.505, the executive director may
13appoint a chief legal counsel, chief financial officer, chief risk officer and not more
14than 11 investment directors and shall appoint a chief investment officer and all
15other employes necessary to carry out the functions of the
investment board, except
16that the
investment board shall appoint the internal auditor and shall participate
17in the selection of the chief investment officer and investment directors and the
18internal auditor shall appoint his or her staff. The executive director shall appoint
19all employes outside the classified service, except blue collar and clerical employes.
20Neither the executive director, the internal auditor, the chief investment officer, the
21chief legal counsel, the chief financial officer, the chief risk officer, any investment
22director nor any other employe of the board shall have any financial interest, either
23directly or indirectly, in any firm engaged in the sale or marketing of real estate or
1investments of any kind, nor shall any of them render investment advice to others
2for remuneration.
Note: See the note to the creation of s. 25.01 by this bill.
AB920,18,95
25.16
(7) The executive director shall fix the compensation of all employes
6appointed by the executive director, subject to restrictions set forth in the
7compensation plan under s. 230.12 or any applicable collective bargaining
8agreement in the case of employes in the classified service, but the
investment board
9may provide for bonus compensation to employes in the unclassified service.
Note: See the note to the creation of s. 25.01 by this bill.
AB920,18,2112
25.165
(1) There is created in the
investment board an internal audit subunit,
13under the supervision of the internal auditor. The internal auditor shall report
14directly to the board and, subject to authorization under s. 16.505, shall appoint all
15employes necessary to carry out the duties of the internal auditor. The internal
16auditor shall appoint all employes outside the classified service, except blue collar
17and clerical employes. The internal auditor shall fix the compensation of all
18employes appointed by the internal auditor, subject to restrictions set forth in the
19compensation plan under s. 230.12 or any applicable collective bargaining
20agreement in the case of employes in the classified service, but the
investment board
21may provide for bonus compensation to employes in the unclassified service.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 36
22Section
36. 25.17 (1) (pg) of the statutes is amended to read:
AB920,19,5
125.17
(1) (pg) State building trust fund (s. 25.30), except for the purpose and
2extent of loans to the Wisconsin
state public building corporation State Public
3Building Corporation, the Wisconsin
university building corporation University
4Building Corporation, and the Wisconsin
state colleges building corporation State
5Colleges Building Corporation, which are subject to sub. (2) (b);
and
Note: Deletes unnecessary "and" and capitalizes corporate titles consistent with
current style.
AB920, s. 37
6Section
37. 25.17 (2) (a) of the statutes is amended to read:
AB920,19,207
25.17
(2) (a) Invest any of the funds specified in sub. (1), except operating funds,
8the capital improvement fund and the bond security and redemption fund, in loans
9to the Wisconsin
university building corporation, state colleges building corporation 10University Building Corporation, the Wisconsin State Colleges Building
11Corporation or the Wisconsin
state public building corporation State Public Building
12Corporation, but only if
such the loans are secured by mortgages upon property
13owned by the respective corporations producing sufficient income to retire the
14mortgage over the term of the loan or are secured by the pledge of rentals sufficient
15in amount to retire the indebtedness. The
investment board shall make no loans to
16any building corporation described in this subsection except under the conditions
17herein prescribed
in this paragraph, or except as otherwise provided in par. (b).
18These loans shall be made only when in the judgment of the
investment board it is
19to the interest of the funds to do so, except that loans made under par. (b) shall be
20made at the direction of the building commission.
Note: Capitalizes corporate titles consistent with current style and inserts specific
references. See also the note to the creation of s. 25.01 by this bill.
AB920, s. 38
21Section
38. 25.17 (2) (b) of the statutes is amended to read:
AB920,20,11
125.17
(2) (b) Invest the state building trust fund in loans to the Wisconsin
state
2public building corporation State Public Building Corporation, to the Wisconsin
3university building corporation University Building Corporation, and to the
4Wisconsin
state colleges building corporation State Colleges Building Corporation.
5Except for interim loans for construction, or other temporary financing for the
6purchase of lands, planning
(, including both engineering and financing
), and all
7other expenses incidental to any of the foregoing,
such loans
under this paragraph 8shall be secured by a pledge and assignment of net revenues derived from the
9operation of buildings by
said corporations the borrowing corporation on lands leased
10or conveyed to
said corporations the corporation. Any
such loan
under this
11paragraph shall be made upon the direction of the building commission.
Note: Capitalizes corporate titles consistent with current style and inserts specific
references. Replaces parentheses in conformity with current style.
AB920, s. 39
12Section
39. 25.17 (2) (d) of the statutes is amended to read:
AB920,20,1913
25.17
(2) (d) Invest the environmental improvement fund, and collect the
14principal and interest of all moneys loaned or invested from the environmental
15improvement fund, as directed by the department of administration under s. 281.59
16(2m). In making
such investment investments under this paragraph, the
investment 17board shall accept any reasonable terms and conditions that the department of
18administration specifies and is relieved of any obligations relevant to prudent
19investment of the fund, including those set forth under ch. 881.
Note: Inserts specific references. See also the note to the creation of s. 25.01 by
this bill.
AB920, s. 40
20Section
40. 25.17 (2) (e) of the statutes is amended to read:
AB920,21,521
25.17
(2) (e) Invest the transportation infrastructure loan fund, and collect the
22principal and interest of all moneys loaned or invested from
the transportation
1infrastructure loan fund, as directed by the department of administration under s.
285.52 (4m). In making
such investment investments under this paragraph, the
3investment board shall accept any reasonable terms and conditions that the
4department of administration specifies and is relieved of any obligations relevant to
5prudent investment of the fund, including those set forth under ch. 881.
Note: Inserts specific references. See also the note to the creation of s. 25.01 by
this bill.
AB920, s. 41
6Section
41. 25.17 (5) of the statutes is amended to read:
AB920,21,237
25.17
(5) The limitations upon the percentage of the assets of any fund
which
8that are imposed by sub. (4) or any other statute shall not be applicable to
9investments made by the
investment board of funds in the variable retirement
10investment trust created under s. 40.04 (3) and
said
those investments shall be
11excluded in computing the assets to which
any such
the limitations
imposed by sub.
12(4) apply. Assets of the variable retirement investment trust shall be invested
13primarily in equity securities
which that shall include common stocks, real estate or
14other recognized forms of equities whether or not subject to indebtedness, including
15securities convertible into common stocks and securities of corporations in the
16venture capital stage. The
investment board may, however, temporarily invest
such 17assets
of the variable retirement investment trust in investments
which that are
18authorized under sub. (3), but the assets so temporarily invested shall be replaced
19by equity securities at the earliest time
deemed
considered by the board to be
20practicable considering the then existing condition of the securities market and other
21influential factors. Investments in securities of corporations
which that are in the
22venture capital stage shall not exceed 2% of the admitted assets of the variable
23retirement investment trust.
Note: Replaces disfavored terms, inserts specific references and replaces "which"
with "that" to correct grammar. See also the note to the creation of s. 25.01 by this bill.
AB920, s. 42
1Section
42. 25.17 (6) of the statutes is amended to read:
AB920,22,162
25.17
(6) Notwithstanding any other statute, transfers from the variable
3retirement investment trust to the fixed retirement investment trust under s. 40.04
4(7) may be made in cash or securities or both as determined by the
investment board.
5The
investment board shall determine market values for securities in the variable
6retirement investment trust as of the close of business on the last working day
7preceding a transfer. If securities are transferred, to the extent determined feasible
8by the
investment board, a proportionate amount of all securities in even hundreds
9of shares of stock or even thousands of par value of bonds in the variable retirement
10investment trust shall be transferred. The
investment board may hold or sell the
11transferred securities as it determines appropriate considering market and
12economic conditions. Any limitation on the percentage of assets in common stocks
13or in the stock of one company does not apply to the transferred securities, except the
14investment board shall, at such time as it determines
that market, economic and
15other conditions are appropriate to the sale of the securities, sell sufficient
16transferred securities so as to comply with percentage of asset limitations.
Note: Inserts "that" to improve readability. See also the note to the creation of s.
25.01 by this bill.
AB920, s. 43
17Section
43. 25.17 (8) of the statutes is amended to read:
AB920,22,2218
25.17
(8) Accept
, when necessary to protect a mortgage loan, a quitclaim deed
19or warranty deed to the mortgaged property in full satisfaction of the mortgage debt,
20and manage, operate, lease, exchange, sell and convey, by land contract, quitclaim
21deed or warranty deed, and grant easement rights in, any real property acquired by
22said the board.
Note: Inserts comma to correct grammar. See also the note to the creation of s.
25.01 by this bill.
AB920, s. 44
1Section
44. 25.17 (9) of the statutes is amended to read:
AB920,23,122
25.17
(9) Give
such advice and assistance
as may be requested by the board of
3commissioners of public lands or the board of regents of the University of Wisconsin
4System
in concerning the investment of any moneys
which that under sub. (1) are
5excepted from the moneys to be loaned or invested by the investment board, and
6assign, sell, convey and deed to
them such the board of commissioners of public lands
7or the board of regents of the University of Wisconsin System any investments made
8by the
said investment board as may be mutually agreeable. The cost of any services
9rendered to the board of commissioners of public lands or the board of regents of the
10University of Wisconsin System
pursuant to under this section shall be charged to
11the fund to which the moneys invested belong and shall be added to
the appropriation
12to the investment board in s. 20.536.
Note: Inserts specific references and a missing "the". Deletes unnecessary
language. Replaces "which" with "that" to correct grammar. See also the note to the
creation of s. 25.01 by this bill.
AB920, s. 45
13Section
45. 25.17 (10) of the statutes is amended to read:
AB920,23,2014
25.17
(10) If a building constitutes any part of the security for a loan made by
15the
investment board under s. 25.17 (3) (bh) or 620.22 (2),
such the building shall be
16kept insured for at least the unpaid amount of the loan or
such any larger amount
17as that may be necessary to comply with any coinsurance clause inserted in or
18attached to the policy. When the full insurable value of the building is less than the
19unpaid amount of the loan,
such the building shall be kept insured for the full
20insurable value
thereof of the building.
Note: Inserts specific reference. Replaces "such" for internal consistency and to
modernize language. See also the note to the creation of s. 25.01 by this bill.
AB920, s. 46
21Section
46. 25.17 (12) (d) of the statutes is amended to read:
AB920,24,3
125.17
(12) (d) All other state boards, commissions, departments, institutions
2and officers in the investment of any funds
which
that under sub. (1) are
hereafter 3to be loaned and invested by the
investment board.
Note: Replaces incorrectly used "which". Deletes superfluous "hereafter". See also
the note to the creation of s. 25.01 by this bill.
AB920, s. 47
4Section
47. 25.17 (13) of the statutes is amended to read:
AB920,24,75
25.17
(13) Succeed to all of the property, documents, records and assets of the
6state annuity and investment board in the investment of the several funds
which 7that were under the control of
said
the state annuity and investment board.
Note: Replaces "which" with "that" to correct grammar. See also the note to the
creation of s. 25.01 by this bill.
AB920, s. 48
8Section
48. 25.17 (14) (a) of the statutes is amended to read:
AB920,24,139
25.17
(14) (a) Bonds and other evidences of debt and loans secured by
10mortgages having a fixed term and rate shall be valued at market value, except that
11if the
investment board determines that a market value cannot readily be
12determined
such items for any item, the item shall be valued at the outstanding
13principal balance.
Note: Replaces plural form of word with singular for sentence agreement and
inserts comma to correct grammar. See also the note to the creation of s. 25.01 by this
bill.
AB920, s. 49
14Section
49. 25.17 (14) (c) of the statutes is amended to read:
AB920,24,1715
25.17
(14) (c) Real property
which
that is leased to others shall be valued at
16market value, except that if the
investment board determines that
the market value
17cannot readily be assigned
such, the real property shall be valued at cost.
Note: Replaces "which" with "that" to correct grammar. Inserts "the" and comma
to improve readability and grammar. See also the note to the creation of s. 25.01 by this
bill.
AB920, s. 50
18Section
50. 25.17 (14) (d) of the statutes is amended to read:
AB920,25,3
125.17
(14) (d) Any preferred stock, bond, or mortgage
which that is in arrears
2or in default shall be assigned a value by the
investment board
which that will
3approximate what the board in its sole discretion feels the asset is worth.
Note: Replaces "which" with "that" to correct grammar. See also the note to the
creation of s. 25.01 by this bill.
AB920, s. 51
4Section
51. 25.17 (15) of the statutes is amended to read:
AB920,25,85
25.17
(15) For purposes of the power and authority of the
investment board to
6make investments, the "admitted assets" of the fixed retirement investment trust or
7the variable retirement investment trust shall be the total valuation of the assets of
8such trust as set forth in the last report made
pursuant to under sub. (14).
Note: Inserts preferred term. See also the note to the creation of s. 25.01 by this
bill.
AB920, s. 52
9Section
52. 25.17 (17) of the statutes is amended to read:
AB920,25,1610
25.17
(17) No later than January 31 annually, submit a report to the joint
11committee on finance concerning the amount of credits generated by the
investment 12board with brokerage firms during the preceding calendar year. The report shall
13contain a separate itemization of the amount of directed credits for services to be
14provided by the firm providing the credit and
3rd party 3rd-party credits for services
15to be provided by any firm. The report shall include information regarding
16utilization of 3rd-party credits by the board.
Note: See the note to the creation of s. 25.01 by this bill.
AB920, s. 53
17Section
53. 25.17 (70) (a) and (b) (intro.) of the statutes are consolidated,
18renumbered 25.17 (70) (intro.) and amended to read:
AB920,26,519
25.17
(70) (intro.) No later than June 30 of every odd-numbered year, after
20receiving a report from the department of commerce under s. 560.08 (2) (m) and in
21consultation with the department of commerce, submit to the governor and to the
22presiding officer of each house of the legislature a plan for making investments in
1this state. The purpose of the plan is to encourage the board to make the maximum
2amount of investments in this state, subject to s. 25.15 and consistent with the
3statutory purpose of each trust or fund managed by the board.
(b) The plan shall
4discuss potential investments to be made during the first to 5th fiscal years following
5submittal, and shall include, but not be limited to, the following:
Note: Accommodates the renumbering of this subsection in accordance with
current style to allow proper citation and computer searching. See the next section of this
bill.
AB920, s. 54
6Section
54. 25.17 (70) (b) 1. to 4. of the statutes are renumbered 25.17 (70) (a)
7to (d), and 25.17 (70) (b) (intro.) and 3., as renumbered, are amended to read:
AB920,26,108
25.17
(70) (b) (intro.) Nonbinding management objectives for each fiscal year
9stated, as appropriate, as a dollar amount or as a percentage of the total amount of
10all investments made by the
investment board, for the following:
AB920,26,1411
3. The number and value of investments to be made annually in companies that
12are reasonably likely to use the moneys invested by the
investment board to
13maintain or expand employment in this state. Such investments may include
1)
14loans any of the following:
AB920,26,16
15a. Loans to corporations and other organizations to maintain or expand
16operations in this state
; 2) purchases.
AB920,26,19
17b. Purchases of new equity offerings by companies whose equities are not
18broadly traded on major exchanges, if the proceeds are to be used to maintain or
19expand operations in this state
; 3) purchases.
AB920,26,20
20c. Purchases of real estate located in this state
; 4) purchases.
AB920,26,22
21d. Purchases of certificates of deposit or similar instruments issued by financial
22institutions with substantial operations in this state
; 5) investments.
AB920,26,23
23e. Investments in venture capital firms based in this state
; 6) investments.
AB920,27,3
1f. Investments in venture capital firms based in other states, if those
2investments are to be used to purchase securities in companies located in this state
;
37) investments.
AB920,27,5
4g. Investments in businesses headquartered in this state that have less than
5500 employes
; and 8) other.
AB920,27,7
6h. Other investments that the
investment board determines will result in
7maintenance or expansion of employment in this state.
Note: Renumbers provision in accordance with current style. See the previous
section of this bill. See also the note to the creation of s. 25.01 by this bill.
AB920, s. 55
8Section
55. 25.18 (1) (intro.) of the statutes is amended to read:
AB920,27,109
25.18
(1) (intro.) In addition to the powers and duties enumerated in s. 25.17,
10but subject to s. 25.183, the
investment board may:
Note: See the note to the creation of s. 25.01 by this bill.