AB40, s. 2816 6Section 2816. 233.17 (2) (a) of the statutes is amended to read:
AB40,1056,117 233.17 (2) (a) No officer, employee or agent of the board of regents Board of
8Regents or Board of Trustees
, including any student who is enrolled at the University
9of Wisconsin–Madison or
an institution within the University of Wisconsin System,
10is an agent of the authority unless the officer, employee or agent acts at the express
11written direction of the authority.
AB40, s. 2817 12Section 2817. 233.17 (2) (b) of the statutes is amended to read:
AB40,1056,1613 233.17 (2) (b) Notwithstanding par. (a), no member of the faculty or academic
14staff of the University of Wisconsin System Wisconsin–Madison, acting within the
15scope of his or her employment, may be considered, for liability purposes, as an agent
16of the authority.
AB40, s. 2818 17Section 2818. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:
AB40,1056,2118 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined
19by the authority after considering the factors set out in s. 560.605 (2m) (c), 2005
20stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., s. 560.605 (2m)
21(g), 2007 stats., and s. 560.605 (2m) (a), (b), (f), and (h), 2009 stats.
AB40, s. 2819 22Section 2819. 234.02 (1) of the statutes is amended to read:
AB40,1057,1323 234.02 (1) There is created a public body corporate and politic to be known as
24the "Wisconsin Housing and Economic Development Authority." The members of the
25authority shall be the secretary of commerce chief executive officer of the Wisconsin

1Economic Development Corporation
or his or her designee and the secretary of
2administration or his or her designee, and 6 public members nominated by the
3governor, and with the advice and consent of the senate appointed, for staggered
44-year terms commencing on the dates their predecessors' terms expire. In addition,
5one senator of each party and one representative to the assembly of each party
6appointed as are the members of standing committees in their respective houses
7shall serve as members of the authority. A member of the authority shall receive no
8compensation for services but shall be reimbursed for necessary expenses, including
9travel expenses, incurred in the discharge of duties. Subject to the bylaws of the
10authority respecting resignations, each member shall hold office until a successor
11has been appointed and has qualified. A certificate of appointment or reappointment
12of any member shall be filed with the authority and the certificate shall be conclusive
13evidence of the due and proper appointment.
AB40, s. 2820 14Section 2820. 234.032 (2) (intro.) of the statutes is amended to read:
AB40,1057,1715 234.032 (2) (intro.) The authority, in consultation with the department of
16commerce
Wisconsin Economic Development Corporation, shall do all of the
17following for each economic development program administered by the authority:
AB40, s. 2821 18Section 2821. 234.034 of the statutes is amended to read:
AB40,1057,22 19234.034 Consistency with state housing strategy plan. Subject to
20agreements with bondholders or noteholders, the authority shall exercise its powers
21and perform its duties related to housing consistent with the state housing strategy
22plan under s. 560.9802 234.5602.
AB40, s. 2822 23Section 2822. 234.06 (1) of the statutes is amended to read:
AB40,1058,724 234.06 (1) The authority may, as authorized in the state housing strategy plan
25under s. 560.9802 234.5602, use the moneys held in the housing development fund

1to make temporary loans to eligible sponsors, with or without interest, and with such
2security for repayment, if any, as the authority determines reasonably necessary and
3practicable, solely from the housing development fund, to defray development costs
4for the construction of proposed housing projects for occupancy by persons and
5families of low and moderate income. No temporary loan may be made unless the
6authority may reasonably anticipate that satisfactory financing may be obtained by
7the eligible sponsor for the permanent financing of the housing project.
AB40, s. 2823 8Section 2823. 234.06 (3) of the statutes is amended to read:
AB40,1058,189 234.06 (3) The authority may, as authorized in the state housing strategy plan
10under s. 560.9802 234.5602, use the moneys held in the housing development fund
11to establish and administer programs of grants to counties, municipalities, and
12eligible sponsors of housing projects for persons of low and moderate income, to pay
13organizational expenses, administrative costs, social services, technical services,
14training expenses, or costs incurred or expected to be incurred by counties,
15municipalities, or sponsors for land and building acquisition, construction,
16improvements, renewal, rehabilitation, relocation, or conservation under a plan to
17provide housing or related facilities, if the costs are not reimbursable from other
18private or public loan, grant, or mortgage sources.
AB40, s. 2824 19Section 2824. 234.08 (5) of the statutes is amended to read:
AB40,1058,2320 234.08 (5) This section does not supersede or impair the power of the
21department of commerce Wisconsin Economic Development Corporation to carry out
22its program responsibilities relating to economic development which are funded by
23bonds or notes issued under this section.
AB40, s. 2825 24Section 2825. 234.08 (6) of the statutes is amended to read:
AB40,1059,4
1234.08 (6) The authority may reimburse the department of commerce
2Wisconsin Economic Development Corporation its operating costs to carry out its
3program responsibilities relating to economic development which are funded by
4bonds or notes issued under this section.
AB40, s. 2826 5Section 2826. 234.165 (2) (b) 2. of the statutes is amended to read:
AB40,1059,116 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the
7governor a plan for expending or encumbering the actual surplus reported under
8subd. 1. The part of the plan related to housing shall be consistent with the state
9housing strategy plan under s. 560.9802 234.5602. The plan submitted under this
10subdivision may be attached to and submitted as a part of the report filed under subd.
111.
AB40, s. 2827 12Section 2827. 234.25 (1) (e) of the statutes is amended to read:
AB40,1059,1613 234.25 (1) (e) An evaluation of its progress in implementing within its own
14housing programs the goals, policies, and objectives of the state housing strategy
15plan under s. 560.9802 234.5602, and recommendations for legislation to improve its
16ability to carry out its programs consistent with the state housing strategy plan.
AB40, s. 2828 17Section 2828. 234.255 (title) of the statutes is amended to read:
AB40,1059,19 18234.255 (title) Economic development assistance coordination and
19reporting.
AB40, s. 2829 20Section 2829. 234.255 of the statutes is renumbered 234.255 (2) and amended
21to read:
AB40,1060,4 22234.255 (2) Annually, no later than October 1, the authority shall submit to the
23joint legislative audit committee and to the appropriate standing committees of the
24legislature under s. 13.172 (3) a comprehensive report assessing economic
25development programs, as defined in s. 234.032 (1), administered by the authority.

1The report shall include all of the information required under s. 560.01 (2) (am)
2238.07 (2). The authority shall collaborate with the department of commerce
3Wisconsin Economic Development Corporation to make readily accessible to the
4public on an Internet-based system the information required under this section.
AB40, s. 2830 5Section 2830. 234.255 (1) of the statutes is created to read:
AB40,1060,76 234.255 (1) The authority shall coordinate any economic development
7assistance with the Wisconsin Economic Development Corporation.
AB40, s. 2831 8Section 2831. 234.35 (1) of the statutes is amended to read:
AB40,1060,129 234.35 (1) In this section, "minority business", "minority financial adviser" and
10"minority investment firm" mean a business, financial adviser and investment firm,
11respectively, certified by the department of commerce safety and professional
12services
under s. 560.036 490.04 (2).
AB40, s. 2832 13Section 2832. 234.36 (1) of the statutes is amended to read:
AB40,1060,1614 234.36 (1) In this section, "business," "financial adviser," and "investment firm"
15mean a business, financial adviser, and investment firm certified by the department
16of commerce safety and professional services under s. 560.0335 490.02 (3).
AB40, s. 2833 17Section 2833. 234.65 (1) (a) of the statutes is amended to read:
AB40,1060,2218 234.65 (1) (a) With the consent of the department of commerce Wisconsin
19Economic Development Corporation
and subject to par. (f), the authority may issue
20its negotiable bonds and notes to finance its economic development activities
21authorized or required under this chapter, including financing economic
22development loans.
AB40, s. 2834 23Section 2834. 234.65 (1) (f) of the statutes is amended to read:
AB40,1061,424 234.65 (1) (f) The authority may not issue bonds or notes under par. (a) unless
25it has contracted to reimburse the department of commerce Wisconsin Economic

1Development Corporation
a sum certain for the department's corporation's operating
2costs in carrying out its responsibilities to effectuate and promote the economic
3development programs created with the bonding authority in this chapter and its
4responsibilities under s. 560.03 (17) 238.25.
AB40, s. 2835 5Section 2835. 234.65 (1m) of the statutes is amended to read:
AB40,1061,96 234.65 (1m) The department of commerce Wisconsin Economic Development
7Corporation
shall, in consultation with the authority, promulgate rules and adopt
8rules and procedures, in accordance with the procedures under ch. 227, to implement
9sub. (3).
AB40, s. 2836 10Section 2836. 234.65 (3) (a) of the statutes is amended to read:
AB40,1061,1511 234.65 (3) (a) The business that will receive the loan, at least 30 days prior to
12signing of the loan contract, has given notice of intent to sign the contract, on a form
13prescribed under s. 560.034 238.11 (1), to the department of commerce Wisconsin
14Economic Development Corporation
and to any collective bargaining agent in this
15state with whom the person has a collective bargaining agreement.
AB40, s. 2837 16Section 2837. 234.65 (3) (am) of the statutes is amended to read:
AB40,1061,2217 234.65 (3) (am) The authority has received an estimate issued under s. 560.034
18238.11 (5) (b), and the department of commerce Wisconsin Economic Development
19Corporation
has estimated whether the project that the authority would finance
20under the loan is expected to eliminate, create, or maintain jobs on the project site
21and elsewhere in this state and the net number of jobs expected to be eliminated,
22created, or maintained as a result of the project.
AB40, s. 2838 23Section 2838. 234.65 (3m) of the statutes is amended to read:
AB40,1062,3
1234.65 (3m) An economic development loan may not be made unless the
2department of commerce Wisconsin Economic Development Corporation complies
3with sub. (1m) and certifies that each loan complies with sub. (3).
AB40, s. 2839 4Section 2839. 234.65 (3r) of the statutes is amended to read:
AB40,1062,135 234.65 (3r) Any economic development loan which that a business receives
6from the authority under this section to finance a project shall require the business
7to submit to the department of commerce Wisconsin Economic Development
8Corporation
within 12 months after the project is completed or 2 years after a loan
9is issued to finance the project, whichever is sooner, on a form prescribed under s.
10560.034 234.11 (1), the net number of jobs eliminated, created, or maintained on the
11project site and elsewhere in this state as a result of the project. This subsection does
12not apply to an economic development loan to finance an economic development
13project described under s. 234.01 (4n) (c).
AB40, s. 2840 14Section 2840. 234.65 (5) (intro.) of the statutes is amended to read:
AB40,1062,1915 234.65 (5) (intro.) On or before July 1, 1985, and every July 1 thereafter, the
16department of commerce Wisconsin Economic Development Corporation shall
17submit to the chief clerk of each house of the legislature, for distribution to the
18appropriate standing committees under s. 13.172 (3), a report which shall address
19that addresses the effects of lending under this section in the following areas:
AB40, s. 2841 20Section 2841. 234.83 (1c) (b) of the statutes is amended to read:
AB40,1062,2221 234.83 (1c) (b) "Small business" means a business, as defined in s. 560.60 (2)
2284.185 (1) (a), that employs 50 or fewer employees on a full-time basis.
AB40, s. 2842 23Section 2842. 234.84 (1) of the statutes is amended to read:
AB40,1062,2524 234.84 (1) Definition. In this section, "department" "corporation" means the
25department of commerce Wisconsin Economic Development Corporation.
AB40, s. 2843
1Section 2843. 234.84 (3) (c) of the statutes is amended to read:
AB40,1063,32 234.84 (3) (c) The interest rate on the loan, including any origination fees or
3other charges, is approved by the department corporation.
AB40, s. 2844 4Section 2844. 234.84 (4) (a) of the statutes is amended to read:
AB40,1063,125 234.84 (4) (a) Subject to par. (b), the authority shall guarantee collection of a
6percentage of the principal of, and all interest and any other amounts outstanding
7on, any loan eligible for a guarantee under sub. (2). The department corporation
8shall establish the percentage of the principal of an eligible loan that will be
9guaranteed, using the procedures described in the agreement under s. 234.932 (3)
10(a). The department corporation may establish a single percentage for all
11guaranteed loans or establish different percentages for eligible loans on an
12individual basis.
AB40, s. 2845 13Section 2845. 234.84 (5) (a) of the statutes is amended to read:
AB40,1063,2114 234.84 (5) (a) The program under this section shall be administered by the
15department corporation with the cooperation of the authority. The department
16corporation shall enter into a memorandum of understanding with the authority
17setting forth the respective responsibilities of the department corporation and the
18authority with regard to the administration of the program, including the functions
19and responsibilities specified in s. 234.932. The memorandum of understanding
20shall provide for reimbursement to the department corporation by the authority for
21costs incurred by the department corporation in the administration of the program.
AB40, s. 2846 22Section 2846. 234.84 (5) (b) of the statutes is amended to read:
AB40,1063,2523 234.84 (5) (b) The department corporation may charge a premium, fee, or other
24charge to a borrower of a guaranteed loan under this section for the administration
25of the loan guarantee.
AB40, s. 2847
1Section 2847. 234.932 (1) of the statutes is repealed.
AB40, s. 2848 2Section 2848. 234.932 (2) (a) of the statutes is amended to read:
AB40,1064,53 234.932 (2) (a) Moneys appropriated to the authority under s. 20.490 (6) (a) and
4(k) or
received by the authority for the Wisconsin job training reserve fund from any
5other source.
AB40, s. 2849 6Section 2849. 234.932 (3) (a) (intro.) of the statutes is amended to read:
AB40,1064,127 234.932 (3) (a) (intro.) The authority or department shall enter into a
8guarantee agreement with any bank, production credit association, credit union,
9savings bank, savings and loan association, or other person who wishes to participate
10in the loan program guaranteed by the Wisconsin job training reserve fund. The
11authority or department may determine all of the following, consistent with the
12terms of the loan guarantee program:
AB40, s. 2850 13Section 2850. 234.932 (3) (a) 2. of the statutes is amended to read:
AB40,1064,1514 234.932 (3) (a) 2. Any conditions upon which the authority or department may
15refuse to enter into such an agreement.
AB40, s. 2851 16Section 2851. 234.932 (3) (c) of the statutes is amended to read:
AB40,1064,2117 234.932 (3) (c) The department Wisconsin Economic Development Corporation
18may establish an eligibility criteria review panel, consisting of experts in finance and
19in the subject area of the job training loan guarantee program, to provide advice
20about lending requirements and issues related to the job training loan guarantee
21program.
AB40, s. 2852 22Section 2852. 234.932 (4) of the statutes is amended to read:
AB40,1065,823 234.932 (4) Increases or decreases in loan guarantees. The authority or
24department
may request the joint committee on finance to take action under s. 13.10
25to permit the authority to increase or decrease the total outstanding guaranteed

1principal amount of loans that it may guarantee under the job training loan
2guarantee program. Included with its request, the authority or department shall
3provide a projection, for the next June 30, that compares the amounts required on
4that date to pay outstanding claims and to fund guarantees under the job training
5loan guarantee program, and the balance remaining in the Wisconsin job training
6reserve fund on that date after deducting such amounts, if the increase or decrease
7is approved, with such amounts and the balance remaining, if the increase or
8decrease is not approved.
AB40, s. 2853 9Section 2853. 234.932 (5) of the statutes is amended to read:
AB40,1065,1310 234.932 (5) Annual report. Annually, the authority or department shall report
11on the number and total dollar amount of guaranteed loans under the job training
12loan guarantee program, the default rate on the loans and any other information on
13the program that the authority or department determines is significant.
AB40, s. 2854 14Section 2854. 235.02 (2) (d) of the statutes is amended to read:
AB40,1065,1615 235.02 (2) (d) The secretary of commerce, or the secretary's chief executive
16officer of the Wisconsin Economic Development Corporation, or his or her
designee.
AB40, s. 2855 17Section 2855. 236.12 (2) (a) of the statutes is amended to read:
AB40,1066,518 236.12 (2) (a) Two copies for each of the state agencies required to review the
19plat to the department which shall examine the plat for compliance with ss. 236.15,
20236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk
21highway or connecting highway, the department shall transmit 2 copies to the
22department of transportation so that agency may determine whether it has any
23objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision
24is not served by a public sewer and provision for that service has not been made, the
25department shall transmit 2 copies to the department of commerce safety and

1professional services
so that that agency may determine whether it has any objection
2to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure
3the agencies may designate local officials to act as their agents in examining the plats
4for compliance with the statutes or their rules by filing a written delegation of
5authority with the approving body.
AB40, s. 2856 6Section 2856. 236.13 (1) (d) of the statutes is amended to read:
AB40,1066,107 236.13 (1) (d) The rules of the department of commerce safety and professional
8services
relating to lot size and lot elevation necessary for proper sanitary conditions
9in a subdivision not served by a public sewer, where provision for public sewer service
10has not been made;
AB40, s. 2857 11Section 2857. 236.13 (2m) of the statutes is amended to read:
AB40,1066,2512 236.13 (2m) As a further condition of approval when lands included in the plat
13lie within 500 feet of the ordinary high-water mark of any navigable stream, lake
14or other body of navigable water or if land in the proposed plat involves lake or stream
15shorelands referred to in s. 236.16, the department of natural resources, to prevent
16pollution of navigable waters, or the department of commerce safety and professional
17services
, to protect the public health and safety, may require assurance of adequate
18drainage areas for private sewage disposal systems and building setback
19restrictions, or provisions by the owner for public sewage disposal facilities for
20waters of the state, as defined in s. 281.01 (18), industrial wastes, as defined in s.
21281.01 (5), and other wastes, as defined in s. 281.01 (7). The public sewage disposal
22facilities may consist of one or more systems as the department of natural resources
23or the department of commerce safety and professional services determines on the
24basis of need for prevention of pollution of the waters of the state or protection of
25public health and safety.
AB40, s. 2858
1Section 2858. 236.335 of the statutes is amended to read:
AB40,1067,9 2236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat
3may be divided, or used if so divided, for purposes of sale or building development if
4the resulting lots or parcels do not conform to this chapter, to any applicable
5ordinance of the approving authority or to the rules of the department of commerce
6safety and professional services under s. 236.13. Any person making or causing such
7a division to be made shall forfeit not less than $100 nor more than $500 to the
8approving authority, or to the state if there is a violation of this chapter or the rules
9of the department of commerce safety and professional services.
AB40, s. 2859 10Section 2859. Subchapter I (title) of chapter 238 [precedes 238.01] of the
11statutes is created to read:
AB40,1067,1212 chapter 238
AB40,1067,1413 subchapter I
14 general provisions
AB40, s. 2860 15Section 2860. 238.08 of the statutes is created to read:
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