AB920: Bill Text

AB920,16,17 25.156 (2m) The investment board shall employ an internal auditor, who shall serve outside the classified service. The board shall fix the compensation of the internal auditor.

Note: See the note to the creation of s. 25.01 by this bill.

AB920, s. 30 Section 30. 25.156 (8) of the statutes is amended to read:

AB920,16,19 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 Section 31. 25.156 (9) of the statutes is amended to read:

AB920,17,3 25.156 (9) The chairperson of the investment board shall appear at least annually before any committee established in the senate, whose jurisdiction includes financial institutions, if that committee so requests.

Note: See the note to the creation of s. 25.01 by this bill.

AB920, s. 32 Section 32. 25.16 (1) of the statutes is amended to read:

AB920,17,10 25.16 (1) The executive and administrative functions of the investment board, except for the functions performed by the internal auditor under s. 25.165 (2), shall be vested in an executive director, who shall perform the functions of executive director in conformity with the requirements of the members of the board and in accordance with policies, principles and directives determined by the members of the board.

Note: See the note to the creation of s. 25.01 by this bill.

AB920, s. 33 Section 33. 25.16 (2) of the statutes is amended to read:

AB920,18,2 25.16 (2) Subject to authorization under s. 16.505, the executive director may appoint a chief legal counsel, chief financial officer, chief risk officer and not more than 11 investment directors and shall appoint a chief investment officer and all other employes necessary to carry out the functions of the investment board, except that the investment board shall appoint the internal auditor and shall participate in the selection of the chief investment officer and investment directors and the internal auditor shall appoint his or her staff. The executive director shall appoint all employes outside the classified service, except blue collar and clerical employes. Neither the executive director, the internal auditor, the chief investment officer, the chief legal counsel, the chief financial officer, the chief risk officer, any investment director nor any other employe of the board shall have any financial interest, either directly or indirectly, in any firm engaged in the sale or marketing of real estate or investments of any kind, nor shall any of them render investment advice to others for remuneration.

Note: See the note to the creation of s. 25.01 by this bill.

AB920, s. 34 Section 34. 25.16 (7) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB920,18,9 25.16 (7) The executive director shall fix the compensation of all employes appointed by the executive director, subject to restrictions set forth in the compensation plan under s. 230.12 or any applicable collective bargaining agreement in the case of employes in the classified service, but the investment board may 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. 35 Section 35. 25.165 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB920,18,21 25.165 (1) There is created in the investment board an internal audit subunit, under the supervision of the internal auditor. The internal auditor shall report directly to the board and, subject to authorization under s. 16.505, shall appoint all employes necessary to carry out the duties of the internal auditor. The internal auditor shall appoint all employes outside the classified service, except blue collar and clerical employes. The internal auditor shall fix the compensation of all employes appointed by the internal auditor, subject to restrictions set forth in the compensation plan under s. 230.12 or any applicable collective bargaining agreement in the case of employes in the classified service, but the investment board may 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 Section 36. 25.17 (1) (pg) of the statutes is amended to read:

AB920,19,5 25.17 (1) (pg) State building trust fund (s. 25.30), except for the purpose and extent of loans to the Wisconsin state public building corporation State Public Building Corporation, the Wisconsin university building corporation University Building Corporation, and the Wisconsin state colleges building corporation State Colleges 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 Section 37. 25.17 (2) (a) of the statutes is amended to read:

AB920,19,20 25.17 (2) (a) Invest any of the funds specified in sub. (1), except operating funds, the capital improvement fund and the bond security and redemption fund, in loans to the Wisconsin university building corporation, state colleges building corporation University Building Corporation, the Wisconsin State Colleges Building Corporation or the Wisconsin state public building corporation State Public Building Corporation, but only if such the loans are secured by mortgages upon property owned by the respective corporations producing sufficient income to retire the mortgage over the term of the loan or are secured by the pledge of rentals sufficient in amount to retire the indebtedness. The investment board shall make no loans to any building corporation described in this subsection except under the conditions herein prescribed in this paragraph, or except as otherwise provided in par. (b). These loans shall be made only when in the judgment of the investment board it is to the interest of the funds to do so, except that loans made under par. (b) shall be made 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 Section 38. 25.17 (2) (b) of the statutes is amended to read:

AB920,20,11 25.17 (2) (b) Invest the state building trust fund in loans to the Wisconsin state public building corporation State Public Building Corporation, to the Wisconsin university building corporation University Building Corporation, and to the Wisconsin state colleges building corporation State Colleges Building Corporation. Except for interim loans for construction, or other temporary financing for the purchase of lands, planning (, including both engineering and financing), and all other expenses incidental to any of the foregoing, such loans under this paragraph shall be secured by a pledge and assignment of net revenues derived from the operation of buildings by said corporations the borrowing corporation on lands leased or conveyed to said corporations the corporation. Any such loan under this paragraph 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 Section 39. 25.17 (2) (d) of the statutes is amended to read:

AB920,20,19 25.17 (2) (d) Invest the environmental improvement fund, and collect the principal and interest of all moneys loaned or invested from the environmental improvement fund, as directed by the department of administration under s. 281.59 (2m). In making such investment investments under this paragraph, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent 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. 40 Section 40. 25.17 (2) (e) of the statutes is amended to read:

AB920,21,5 25.17 (2) (e) Invest the transportation infrastructure loan fund, and collect the principal and interest of all moneys loaned or invested from the transportation infrastructure loan fund, as directed by the department of administration under s. 85.52 (4m). In making such investment investments under this paragraph, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent 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 Section 41. 25.17 (5) of the statutes is amended to read:

AB920,21,23 25.17 (5) The limitations upon the percentage of the assets of any fund which that are imposed by sub. (4) or any other statute shall not be applicable to investments made by the investment board of funds in the variable retirement investment trust created under s. 40.04 (3) and said those investments shall be excluded in computing the assets to which any such the limitations imposed by sub. (4) apply. Assets of the variable retirement investment trust shall be invested primarily in equity securities which that shall include common stocks, real estate or other recognized forms of equities whether or not subject to indebtedness, including securities convertible into common stocks and securities of corporations in the venture capital stage. The investment board may, however, temporarily invest such assets of the variable retirement investment trust in investments which that are authorized under sub. (3), but the assets so temporarily invested shall be replaced by equity securities at the earliest time deemed considered by the board to be practicable considering the then existing condition of the securities market and other influential factors. Investments in securities of corporations which that are in the venture capital stage shall not exceed 2% of the admitted assets of the variable retirement 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 Section 42. 25.17 (6) of the statutes is amended to read:

AB920,22,16 25.17 (6) Notwithstanding any other statute, transfers from the variable retirement investment trust to the fixed retirement investment trust under s. 40.04 (7) may be made in cash or securities or both as determined by the investment board. The investment board shall determine market values for securities in the variable retirement investment trust as of the close of business on the last working day preceding a transfer. If securities are transferred, to the extent determined feasible by the investment board, a proportionate amount of all securities in even hundreds of shares of stock or even thousands of par value of bonds in the variable retirement investment trust shall be transferred. The investment board may hold or sell the transferred securities as it determines appropriate considering market and economic conditions. Any limitation on the percentage of assets in common stocks or in the stock of one company does not apply to the transferred securities, except the investment board shall, at such time as it determines that market, economic and other conditions are appropriate to the sale of the securities, sell sufficient transferred 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 Section 43. 25.17 (8) of the statutes is amended to read:

AB920,22,22 25.17 (8) Accept, when necessary to protect a mortgage loan, a quitclaim deed or warranty deed to the mortgaged property in full satisfaction of the mortgage debt, and manage, operate, lease, exchange, sell and convey, by land contract, quitclaim deed or warranty deed, and grant easement rights in, any real property acquired by said 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 Section 44. 25.17 (9) of the statutes is amended to read:

AB920,23,12 25.17 (9) Give such advice and assistance as may be requested by the board of commissioners of public lands or the board of regents of the University of Wisconsin System in concerning the investment of any moneys which that under sub. (1) are excepted from the moneys to be loaned or invested by the investment board, and assign, sell, convey and deed to them such the board of commissioners of public lands or the board of regents of the University of Wisconsin System any investments made by the said investment board as may be mutually agreeable. The cost of any services rendered to the board of commissioners of public lands or the board of regents of the University of Wisconsin System pursuant to under this section shall be charged to the fund to which the moneys invested belong and shall be added to the appropriation to 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 Section 45. 25.17 (10) of the statutes is amended to read:

AB920,23,20 25.17 (10) If a building constitutes any part of the security for a loan made by the investment board under s. 25.17 (3) (bh) or 620.22 (2), such the building shall be kept insured for at least the unpaid amount of the loan or such any larger amount as that may be necessary to comply with any coinsurance clause inserted in or attached to the policy. When the full insurable value of the building is less than the unpaid amount of the loan, such the building shall be kept insured for the full insurable 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 Section 46. 25.17 (12) (d) of the statutes is amended to read:

AB920,24,3 25.17 (12) (d) All other state boards, commissions, departments, institutions and officers in the investment of any funds which that under sub. (1) are hereafter to 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 Section 47. 25.17 (13) of the statutes is amended to read:

AB920,24,7 25.17 (13) Succeed to all of the property, documents, records and assets of the state annuity and investment board in the investment of the several funds which that 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 Section 48. 25.17 (14) (a) of the statutes is amended to read:

AB920,24,13 25.17 (14) (a) Bonds and other evidences of debt and loans secured by mortgages having a fixed term and rate shall be valued at market value, except that if the investment board determines that a market value cannot readily be determined such items for any item, the item shall be valued at the outstanding principal 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 Section 49. 25.17 (14) (c) of the statutes is amended to read:

AB920,24,17 25.17 (14) (c) Real property which that is leased to others shall be valued at market value, except that if the investment board determines that the market value cannot 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 Section 50. 25.17 (14) (d) of the statutes is amended to read:

AB920,25,3 25.17 (14) (d) Any preferred stock, bond, or mortgage which that is in arrears or in default shall be assigned a value by the investment board which that will approximate 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 Section 51. 25.17 (15) of the statutes is amended to read:

AB920,25,8 25.17 (15) For purposes of the power and authority of the investment board to make investments, the "admitted assets" of the fixed retirement investment trust or the variable retirement investment trust shall be the total valuation of the assets of such 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 Section 52. 25.17 (17) of the statutes is amended to read:

AB920,25,16 25.17 (17) No later than January 31 annually, submit a report to the joint committee on finance concerning the amount of credits generated by the investment board with brokerage firms during the preceding calendar year. The report shall contain a separate itemization of the amount of directed credits for services to be provided by the firm providing the credit and 3rd party 3rd-party credits for services to be provided by any firm. The report shall include information regarding utilization of 3rd-party credits by the board.

Note: See the note to the creation of s. 25.01 by this bill.

AB920, s. 53 Section 53. 25.17 (70) (a) and (b) (intro.) of the statutes are consolidated, renumbered 25.17 (70) (intro.) and amended to read:

AB920,26,5 25.17 (70) (intro.) No later than June 30 of every odd-numbered year, after receiving a report from the department of commerce under s. 560.08 (2) (m) and in consultation with the department of commerce, submit to the governor and to the presiding officer of each house of the legislature a plan for making investments in this state. The purpose of the plan is to encourage the board to make the maximum amount of investments in this state, subject to s. 25.15 and consistent with the statutory purpose of each trust or fund managed by the board. (b) The plan shall discuss potential investments to be made during the first to 5th fiscal years following submittal, 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 Section 54. 25.17 (70) (b) 1. to 4. of the statutes are renumbered 25.17 (70) (a) to (d), and 25.17 (70) (b) (intro.) and 3., as renumbered, are amended to read:

AB920,26,10 25.17 (70) (b) (intro.) Nonbinding management objectives for each fiscal year stated, as appropriate, as a dollar amount or as a percentage of the total amount of all investments made by the investment board, for the following:

AB920,26,14 3. The number and value of investments to be made annually in companies that are reasonably likely to use the moneys invested by the investment board to maintain or expand employment in this state. Such investments may include 1) loans any of the following:

AB920,26,16 a. Loans to corporations and other organizations to maintain or expand operations in this state; 2) purchases.

AB920,26,19 b. Purchases of new equity offerings by companies whose equities are not broadly traded on major exchanges, if the proceeds are to be used to maintain or expand operations in this state; 3) purchases.

AB920,26,20 c. Purchases of real estate located in this state ; 4) purchases.

AB920,26,22 d. Purchases of certificates of deposit or similar instruments issued by financial institutions with substantial operations in this state; 5) investments.

AB920,26,23 e. Investments in venture capital firms based in this state; 6) investments.

AB920,27,3 f. Investments in venture capital firms based in other states, if those investments are to be used to purchase securities in companies located in this state; 7) investments.

AB920,27,5 g. Investments in businesses headquartered in this state that have less than 500 employes; and 8) other.

AB920,27,7 h. Other investments that the investment board determines will result in maintenance 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 Section 55. 25.18 (1) (intro.) of the statutes is amended to read:

AB920,27,10 25.18 (1) (intro.) In addition to the powers and duties enumerated in s. 25.17, but subject to s. 25.183, the investment board may:

Note: See the note to the creation of s. 25.01 by this bill.