AB684: Bill Text

AB684, s. 9 Section 9. 16.045 (1) (a) of the statutes is amended to read:

AB684,7,24 16.045 (1) (a) "Agency" means an office, department, independent 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, but not including an authority created in ch. 231, 232, 233, 234, 235, or 237, or 238.

AB684, s. 10 Section 10. 16.41 (4) of the statutes is amended to read:

AB684,8,2 16.41 (4) In this section, "authority" means a body created under ch. 231, 233, 234, or 237, or 238.

AB684, s. 11 Section 11. 16.417 (1) (b) of the statutes is amended to read:

AB684,8,5 16.417 (1) (b) "Authority" means a body created under ch. 231, 232, 233, 234, 235 or, 237, or 238.

AB684, s. 12 Section 12. 16.52 (7) of the statutes is amended to read:

AB684,8,16 16.52 (7) Petty cash account. With the approval of the secretary, each agency which is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent 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, but not including an authority created in ch. 231, 233, 234, or 237, or 238.

AB684, s. 13 Section 13. 16.528 (1) (a) of the statutes is amended to read:

AB684,8,22 16.528 (1) (a) "Agency" means an office, department, independent 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, but not including an authority created in ch. 231, 233, 234, or 237, or 238.

AB684, s. 14 Section 14. 16.53 (2) of the statutes is amended to read:

AB684,9,6 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent 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, but not including an authority created in ch. 231, 233, 234, or 237, or 238.

AB684, s. 15 Section 15. 16.54 (9) (a) 1. of the statutes is amended to read:

AB684,9,12 16.54 (9) (a) 1. "Agency" means an office, department, independent 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, but not including an authority created in ch. 231, 233, 234, or 237, or 238.

AB684, s. 16 Section 16. 16.70 (2) of the statutes is amended to read:

AB684,9,15 16.70 (2) "Authority" means a body created under ch. 231, 232, 233, 234, 235, or 237, or 238.

AB684, s. 17 Section 17. 16.75 (1m) of the statutes is amended to read:

AB684,9,25 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Rural Finance Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

AB684, s. 18 Section 18. 16.838 (1) (b) of the statutes is amended to read:

AB684,10,7 16.838 (1) (b) "Authority" means a body created under ch. 231, 232, 233, 234, 235, or 237, or 238.

AB684, s. 19 Section 19. 16.85 (2) of the statutes is amended to read:

AB684,10,18 16.85 (2) To furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent 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, but not including an authority created in ch. 231, 233, 234, or 237, or 238.

AB684, s. 20 Section 20. 16.865 (8) of the statutes is amended to read:

AB684,11,8 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent 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, but not including an authority created in ch. 231, 232, 233, 234, 235, or 237, or 238.

AB684, s. 21 Section 21. 19.42 (10) (q) of the statutes is created to read:

AB684,11,11 19.42 (10) (q) The chief executive officer and members of the board of directors of the Wisconsin Rural Finance Authority.

AB684, s. 22 Section 22. 23.175 (1) (b) of the statutes is amended to read:

AB684,11,17 23.175 (1) (b) "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 any authority created under ch. 231, 233, 234, or 237, or 238 but not including the legislature or the courts.

AB684, s. 23 Section 23. 40.02 (54) (j) of the statutes is created to read:

AB684,11,19 40.02 (54) (j) The Wisconsin Rural Finance Authority.

AB684, s. 24 Section 24. 71.05 (1) (c) 7. of the statutes is created to read:

AB684,11,21 71.05 (1) (c) 7. The Wisconsin Rural Finance Authority.

AB684, s. 25 Section 25. 71.26 (1m) (h) of the statutes is created to read:

AB684,11,23 71.26 (1m) (h) Those issued under s. 238.08.

AB684, s. 26 Section 26. 71.45 (1t) (h) of the statutes is created to read:

AB684,11,25 71.45 (1t) (h) Those issued under s. 238.08.

AB684, s. 27 Section 27. 77.54 (9a) (a) of the statutes is amended to read:

AB684,12,4 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Rural Finance Authority, and the Fox River Navigational System Authority.

AB684, s. 28 Section 28. 100.45 (1) (dm) of the statutes is amended to read:

AB684,12,14 100.45 (1) (dm) "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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Rural Finance Authority, and the Fox River Navigational System Authority.

AB684, s. 29 Section 29. 101.177 (1) (d) of the statutes is amended to read:

AB684,12,23 101.177 (1) (d) "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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Rural Finance Authority, and the Wisconsin Health and Educational Facilities Authority.

AB684, s. 30 Section 30. 106.16 (2) of the statutes is amended to read:

AB684,13,6 106.16 (2) Any company that receives a loan or grant from a state agency or an authority under ch. 231 or, 234, or 238 shall notify the department and the local workforce development board established under 29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.

AB684, s. 31 Section 31. 106.16 (3) of the statutes is amended to read:

AB684,13,9 106.16 (3) A state agency or an authority under ch. 231 or, 234, or 238 shall notify the department of commerce if it makes a loan or grant to a company.

AB684, s. 32 Section 32. 219.09 (1) (g) of the statutes is created to read:

AB684,13,11 219.09 (1) (g) The Wisconsin Rural Finance Authority.

AB684, s. 33 Section 33. 230.03 (3) of the statutes is amended to read:

AB684,13,21 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under chs. 231, 232, 233, 234, 235, or 237, or 238. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB684, s. 34 Section 34. 234.66 (2) of the statutes is amended to read:

AB684,14,2 234.66 (2) The On or before the effective date of this subsection .... [revisor inserts date], the authority may establish and administer a beginning farmer program to assist beginning farmers to purchase agricultural land, agricultural improvements, and depreciable agricultural property, as defined in 26 USC 144 (a) (11) (B).

AB684, s. 35 Section 35. 234.90 (4) of the statutes is amended to read:

AB684,14,7 234.90 (4) Guarantee. The On or before the effective date of this subsection .... [revisor inserts date], the authority shall may guarantee repayment of 90% of the principal of any agricultural production loan eligible for guarantee under sub. (2) made to a farmer eligible for a guaranteed loan under sub. (3) or (3g).

AB684, s. 36 Section 36. 234.907 (3) of the statutes is amended to read:

AB684,14,16 234.907 (3) Guarantee of collection. The On or before the effective date of this subsection .... [revisor inserts date], the authority shall may guarantee collection of a percentage, not exceeding 90%, of the principal of any loan eligible for a guarantee under sub. (2). The authority shall establish the percentage of the unpaid principal of an eligible loan that will be guaranteed, using the procedures described in the guarantee 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.

AB684, s. 37 Section 37. 234.91 (5) (a) of the statutes is amended to read:

AB684,14,23 234.91 (5) (a) The On or before the effective date of this paragraph .... [revisor inserts date], the authority shall may guarantee collection of a percentage of the principal of a loan eligible for a guarantee under sub. (2). The principal amount of an eligible loan that the authority may guarantee may not exceed the borrower's net worth or 25% of the total loan amount, whichever is less, calculated at the time the loan is made.

AB684, s. 38 Section 38. Chapter 238 of the statutes is created to read:

AB684,15,3 Chapter 238 Wisconsin Rural finance authority

AB684,15,4 238.01 Definitions. In this chapter:

AB684,15,5 (1) "Authority" means the Wisconsin Rural Finance Authority.

AB684,15,6 (2) "Board" means the board of directors of the authority.

AB684,15,8 (3) "Bond" means a bond, note, or other obligation of the authority issued under this chapter, including a refunding bond.

AB684,15,12 (4) "Bond resolution" means a resolution of the board authorizing the issuance of, or providing terms and conditions related to, bonds and includes, when appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for the bonds.

AB684,15,15 238.02 Creation and organization. (1) (a) There is created a public body politic and corporate to be known as the "Wisconsin Rural Finance Authority." The board of the authority shall consist of the following members:

AB684,15,16 1. Three agricultural producers.

AB684,15,17 2. Three commercial lenders.

AB684,15,18 3. Two individuals who are not agricultural producers or commercial lenders.

AB684,15,19 4. The secretary of commerce or his or her designee.

AB684,15,21 5. The secretary of agriculture, trade and consumer protection or his or her designee.

AB684,15,23 6. The executive director of the Wisconsin Housing and Economic Development Authority or his or her designee.

AB684,15,25 (b) The members under par. (a) 1. to 3. shall be nominated by the governor, and with the advice and consent of the senate appointed, for 4-year terms.

AB684,16,2 (c) Members of the board shall be residents of the state, and not more than 4 of the members under par. (a) 1. to 3. may be members of the same political party.

AB684,16,4 (d) The terms of the members appointed under par. (a) 1. to 3. expire on July 1. Each member's appointment remains in effect until a successor is appointed.

AB684,16,6 (e) Annually, the governor shall appoint one member as chairperson and the board shall elect one member as vice chairperson.

AB684,16,22 (2) The secretary of agriculture, trade and consumer protection, after consultation with the board, shall appoint an executive director who may not be a member of the board and who shall serve at the pleasure of the secretary. The board shall determine the compensation of the executive director, except that the compensation of the executive director may not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 4 and the compensation of each other employee of the authority may not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or another person designated by resolution of the board shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director, or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true copies, and all persons dealing with the authority may rely upon the certificates.

AB684,17,6 (3) Six members of the board constitute a quorum. The affirmative vote of a majority of all of the members of the board is necessary for any action taken by the authority. A vacancy in the membership of the board does not impair the right of a quorum to exercise all of the rights and perform all of the duties of the authority. Each meeting of the board shall be open to the public. Notice of meetings, or waivers thereof, shall be as provided in the bylaws of the authority. Resolutions of the authority need not be published or posted. The board may delegate by resolution to one or more of its members or the executive director the powers and duties that it considers proper.

AB684,17,10 (5) The members of the board shall receive no compensation for the performance of their duties as members, but each member shall be reimbursed for the member's actual and necessary expenses while engaged in the performance of the member's duties.

AB684,17,13 238.03 Powers of authority. The authority has all of the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may do any of the following:

AB684,17,15 (1) Adopt bylaws and rules for the regulation of its affairs and the conduct of its business.

AB684,17,16 (2) Sue and be sued.

AB684,17,18 (3) Hire employees, define their duties, and fix their rate of compensation, subject to s. 238.02 (2).

AB684,17,20 (4) Have a seal and alter the seal at pleasure; have perpetual existence; and maintain an office.

AB684,17,24 (5) Appoint any technical or professional advisory committee that the authority finds necessary to assist the authority in exercising its duties and powers; define the duties of any committee; and provide reimbursement for the expenses of any committee.

AB684,18,2 (6) Enter into contracts with 3rd parties as are necessary for the conduct of its business.

AB684,18,3 (7) Accept gifts, grants, and other funding for the conduct of its business.

AB684,18,4 (8) Charge fees for services that the authority provides.

AB684,18,6 (9) Procure insurance against any loss in connection with its assets and procure insurance on its debt obligations.