AB43: Bill Text

AB43,2542 Section 2542. 231.02 (2) of the statutes is amended to read:

AB43,1367,16 231.02 (2) The authority shall appoint an executive director and associate executive director who shall not be members of the authority and who shall serve at the pleasure of the authority. They shall receive such compensation as the authority fixes, except that the compensation of the executive director shall not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 6 and the compensation of each other employee of the authority shall 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 associate executive director or other person designated by resolution of the authority 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 associate 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 such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

AB43,2543 Section 2543. 231.03 (6) (L) of the statutes is created to read:

AB43,1367,22 231.03 (6) (L) Finance working capital needs of any participating health institution, participating educational institution, participating nonprofit institution, or participating research institution in an amount not to exceed that approved by the authority. Bonds issued for purposes of this paragraph are not exempt from taxation under s. 71.05 (1) (c) 14., 71.26 (1m) (o), or 71.45 (1t) (n).

AB43,2544 Section 2544. 231.03 (13) of the statutes is amended to read:

AB43,1368,12 231.03 (13) Make loans to any participating health institution, participating educational institution, participating nonprofit institution, or participating research institution for the cost of a project or to finance working capital under sub. (6) (L) in accordance with an agreement between the authority and the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution. The authority may secure the loan by a mortgage or other security arrangement on the health facility, educational facility, nonprofit facility, or research facility granted by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution to the authority. The loan may not exceed, as applicable, the total cost of the project as determined by the participating health institution, participating educational institution, participating nonprofit institution, or participating research institution and approved by the authority or the amount of working capital approved by the authority under sub. (6) (L).

AB43,2545 Section 2545 . 231.29 (title) of the statutes is amended to read:

AB43,1368,15 231.29 (title) Disabled veteran-owned Veteran-owned business financial interests.

AB43,2546 Section 2546. 234.02 (3) of the statutes is amended to read:

AB43,1369,5 234.02 (3) The governor shall appoint a public member as the chairperson of the authority for a one-year term beginning on the expiration of the term of the chairperson's predecessor. The authority shall elect a vice chairperson. The governor shall nominate, and with the advice and consent of the senate appoint, the executive director of the authority, to serve a 2-year term. The authority shall employ the executive director so appointed, legal and technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation, all notwithstanding subch. II of ch. 230, except that s. 230.40 shall apply, and except that the compensation of any employee of the authority shall not exceed the maximum of the executive salary group range established under s. 20.923 (1) for positions assigned to executive salary group 6. The authority may delegate any of its powers or duties to its employees with the consent of the executive director or to its agents.

AB43,2547 Section 2547. 234.043 of the statutes is created to read:

AB43,1369,15 234.043 Workforce housing rehabilitation fund. There is established under the jurisdiction and control of the authority, for the purpose of providing workforce housing rehabilitation loans under s. 234.045, a workforce housing rehabilitation fund. The authority may use moneys in the fund to cover actual and necessary expenses incurred to accomplish the purposes of this section and s. 234.045. At its discretion, the authority may also use moneys in the fund to pay costs associated with marketing its programs and services to the public, including by use of housing navigators. The workforce housing rehabilitation fund shall consist of all of the following:

AB43,1369,16 (1) All moneys appropriated to the authority under s. 20.490 (6) (a).

AB43,1369,17 (2) All moneys received from the repayment of loans provided under s. 234.045.

AB43,1369,20 (3) All income from the investment of moneys in the workforce housing rehabilitation fund by the authority under s. 234.03 (18). All such investments shall be the exclusive property of the fund.

AB43,1369,22 (4) All moneys received by the authority for the workforce housing rehabilitation fund from any other source.

AB43,2548 Section 2548. 234.045 (1) (intro.) of the statutes is amended to read:

AB43,1370,3 234.045 (1) Definition. (intro.) In this section, “eligible rehabilitation” means an improvement to housing to maintain the housing in a decent, safe, and sanitary condition or to restore it to that condition if the improvement is the removal of lead paint or constitutes a structural or safety improvement, as determined by the authority, including any of the following:

AB43,2549 Section 2549. 234.045 (2) (a) (intro.) of the statutes is amended to read:

AB43,1370,7 234.045 (2) (a) (intro.) From the workforce housing rehabilitation loan fund, the authority may make a loan to a person applying for the loan to pay for the cost of eligible rehabilitation to the applicant's home if all of the following apply:

AB43,2550 Section 2550. 234.045 (2) (a) 2. of the statutes is amended to read:

AB43,1370,11 234.045 (2) (a) 2. The applicant's home is a single-family residence that serves as the primary residence of the applicant occupies and that was constructed before 1980.

AB43,2551 Section 2551. 234.045 (2) (a) 3. of the statutes is amended to read:

AB43,1370,19 234.045 (2) (a) 3. The applicant agrees to the terms of the loan, as determined by the authority. The loan terms may include a requirement to repay the loan by making monthly principal and interest payments so that the loan is fully repaid within a given term; a requirement to repay the loan, including all interest, upon the applicant selling or otherwise transferring title to the residence to another person or upon the applicant and his or her family vacating the residence ; and any other terms determined by the authority.

AB43,2552 Section 2552. 234.045 (2) (c) of the statutes is created to read:

AB43,1370,23 234.045 (2) (c) The authority may defer the repayment or forgive the outstanding balance of any loan made under par. (a) according to criteria established by the authority.

AB43,2553 Section 2553. 234.18 (1) of the statutes is renumbered 234.18 and amended to read:

AB43,1371,6 234.18 Limit on amount of outstanding bonds and notes. The authority may not issue notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies if, upon issuance, the total aggregate outstanding principal amount of notes and bonds that are secured by a capital reserve fund to which s. 234.15 (4) applies would exceed $600,000,000 $1,200,000,000. This section does not apply to bonds and notes issued to refund outstanding notes and bonds.

AB43,2554 Section 2554. 234.18 (2) of the statutes is repealed.

AB43,2555 Section 2555. 234.29 of the statutes is amended to read:

AB43,1371,17 234.29 Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, sexual orientation, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or creed.

AB43,2556 Section 2556. 234.36 (title) of the statutes is amended to read:

AB43,1371,20 234.36 (title) Disabled veteran-owned Veteran-owned business financial interests.

AB43,2557 Section 2557. 234.45 (1) (c) of the statutes is amended to read:

AB43,1372,2 234.45 (1) (c) “Credit period” means the period of 6 10 taxable years beginning with the taxable year in which a qualified development is placed in service. For purposes of this paragraph, if a qualified development consists of more than one building, the qualified development is placed in service in the taxable year in which the last building of the qualified development is placed in service.

AB43,2558 Section 2558. 234.45 (1) (e) of the statutes is amended to read:

AB43,1372,13 234.45 (1) (e) “Qualified development” means a qualified low-income housing project under section 42 (g) of the Internal Revenue Code that is financed with tax-exempt bonds, pursuant to section 42 (i) (2) described in section 42 (h) (4) (A) of the Internal Revenue Code, allocated the credit under section 42 of the Internal Revenue Code, and located in this state; except that the authority may waive, in the qualified allocation plan under section 42 (m) (1) (B) of the Internal Revenue Code, the requirements of tax-exempt bond financing and federal credit allocation to the extent the authority anticipates that sufficient volume cap under section 146 of the Internal Revenue Code will not be available to finance low-income housing projects in any year.

AB43,2559 Section 2559. 234.45 (4) of the statutes is amended to read:

AB43,1372,21 234.45 (4) Allocation limits. In any calendar year, the aggregate amount of all state tax credits for which the authority certifies persons in allocation certificates issued under sub. (3) in that year may not exceed $42,000,000 $100,000,000, including all amounts each person is eligible to claim for each year of the credit period, plus the total amount of all unallocated state tax credits from previous calendar years and plus the total amount of all previously allocated state tax credits that have been revoked or cancelled or otherwise recovered by the authority.

AB43,2560 Section 2560. 234.53 (2) of the statutes is amended to read:

AB43,1373,3 234.53 (2) Except as provided in sub. (2m) and s. 234.045, the authority shall use moneys in the fund for the purpose of purchasing housing rehabilitation loans or for funding commitments for loans to lenders for housing rehabilitation loans. All disbursements of funds under this subsection for purchasing such loans shall be made payable to an authorized lender, as defined in s. 234.49 (1) (b), or a duly authorized agent thereof.

AB43,2561 Section 2561. 234.55 (1) of the statutes is amended to read:

AB43,1373,18 234.55 (1) The authority shall establish the housing rehabilitation loan program bond redemption fund. All housing rehabilitation loans purchased with moneys from the housing rehabilitation loan fund or notes evidencing loans to lenders from such fund for housing rehabilitation loans shall be the exclusive property of such redemption fund. All moneys received from the repayment of such loans, any amounts transferred by the authority to such fund pursuant to s. 234.52 or from other funds or sources, any federal insurance or guarantee payments with respect to such loans, all moneys resulting from the sale of bonds for the purpose of refunding outstanding housing rehabilitation bonds unless credited to the housing rehabilitation loan program capital reserve fund, any other moneys which may be available to the authority for the purpose of such fund, and all moneys received from the repayment of loans provided under ss. 234.045 and s. 234.53 (2m) shall be deposited into such fund to be used for the repayment of housing rehabilitation bonds issued under the authority of s. 234.50.

AB43,2562 Section 2562. 238.03 (4) (b) (intro.) of the statutes is renumbered 238.03 (4) (b) and amended to read:

AB43,1373,23 238.03 (4) (b) The board shall establish policies and procedures for maintaining and expending any unassigned balance that satisfy all of the following requirements:.

AB43,2563 Section 2563. 238.03 (4) (b) 1. of the statutes is renumbered 238.03 (4) (bm) and amended to read:

AB43,1374,3 238.03 (4) (bm) The policies and procedures established under par. (b) shall be consistent with best practices recommended by the Government Finance Officers Association.

AB43,2564 Section 2564. 238.03 (4) (b) 2. of the statutes is repealed.

AB43,2565 Section 2565. 238.129 of the statutes is created to read:

AB43,1374,9 238.129 Main street bounceback grants. (1) Grants. From the appropriation under s. 20.192 (1) (br), the corporation may award grants to provide assistance to businesses opening a new location or expanding operations in a vacant commercial space.

AB43,1374,14 (2) Eligibility. (a) Subject to par. (b), the corporation shall establish eligibility requirements and other policies and procedures for the grants awarded under sub. (1) that are substantially similar to the eligibility requirements and policies and procedures in effect on June 30, 2023, for the Wisconsin Tomorrow Main Street Bounceback Grant program administered by the corporation.

AB43,1374,16 (b) The corporation may not award a grant under this section to a nonprofit organization.

AB43,2566 Section 2566. 238.145 of the statutes is created to read:

AB43,1374,19 238.145 Venture capital fund of funds program. (1) Definitions. In this section:

AB43,1374,20 (a) “Fund of funds program” means the program established under sub. (2).

AB43,1374,22 (b) “Investment manager” means the person with whom the oversight board enters into a contract under sub. (4).

AB43,1374,23 (c) “Oversight board” means the oversight board created under sub. (2) (c).

AB43,1375,2 (2) Establishment of program. The corporation shall establish and administer a venture capital fund of funds program to invest moneys in venture capital funds that invest in businesses located in this state, subject to the requirements of this section. In establishing the program, the corporation shall do all of the following:

AB43,1375,3 (a) Create a fund of funds.

AB43,1375,5 (b) Provide that the assets of the fund of funds will continuously be reinvested in venture capital funds under the fund of funds program.

AB43,1375,7 (c) Create an oversight board to conduct any activity as required by this section or as directed by the corporation.

AB43,1375,12 (3) Investments in venture capital funds. (a) The investment manager shall request from the corporation moneys to make investments through the fund of funds program and to pay the investment manager's management fee, and the corporation shall, subject to the approval of the secretary of administration, pay the moneys to the investment manager from the appropriation under s. 20.192 (1) (c).

AB43,1375,14 (b) The oversight board shall establish investment policies for the fund of funds program, subject to all of the following conditions:

AB43,1375,18 1. All moneys paid to the investment manager under par. (a) to make investments shall be committed for investment to venture capital funds, subject to the requirements of this section, no later than 60 months after the creation of the fund of funds under sub. (2) (a).

AB43,1375,21 2. No more than $18,750,000 of the total moneys paid to the investment manager under par. (a) to make investments may be invested in any single venture capital fund.

AB43,1375,23 3. At least 20 percent of the investments made through the program shall be directed to any combination of the following:

AB43,1375,25 a. Businesses located in parts of this state that typically do not receive significant investment from venture capital funds.

AB43,1376,3 b. Businesses that are at least 51 percent owned by one or more members of a racial minority group and whose management and daily business operations are controlled by one or more members of a racial minority group.

AB43,1376,6 c. Businesses that are at least 51 percent owned by one or more women and whose management and daily business operations are controlled by one or more women.

AB43,1376,7 (c) No investment may be made through the program in a lobbying or law firm.

AB43,1376,12 (4) Investment manager. The oversight board shall contract with an investment manager who meets the qualifications established by the corporation. The contract shall establish the investment manager's compensation, including any management fee. A management fee may not annually exceed 1 percent of the total assets under management in the fund of funds program.

AB43,1376,16 (5) Venture capital fund requirements. The investment manager shall contract with each venture capital fund that receives moneys through the fund of funds program. Each contract shall require the venture capital fund to do all of the following:

AB43,1376,19 (a) Make new investments in an amount equal to the amount of moneys it receives through the program in one or more businesses who are headquartered in this state and whose operations are primarily in this state.

AB43,1377,2 (b) At least match any moneys it receives through the program and invests in a business described in par. (a) with an investment in that business of moneys the venture capital fund has raised from sources other than the program. The investment manager shall ensure that, on average, for every $1 a venture capital fund receives through the program and invests in a business described in par. (a), the venture capital fund invests $2 in that business from sources other than the program.

AB43,1377,4 (c) Provide to the investment manager the information necessary for the investment manager to complete the reports under sub. (6) (a) and (c).

AB43,1377,8 (6) Reports of the investment manager; public disclosures. (a) Annually, no later than 120 days after the end of the investment manager's fiscal year, the investment manager shall submit to the corporation a report for that fiscal year that includes all of the following:

AB43,1377,10 1. An audit of the investment manager's financial statements performed by an independent certified public accountant.

AB43,1377,12 2. The investment manager's internal rate of return from investments made through the fund of funds program.

AB43,1377,14 3. For each venture capital fund that contracts with the investment manager under sub. (5), all of the following:

AB43,1377,15 a. The name and address of the venture capital fund.

AB43,1377,17 b. The amounts invested in the venture capital fund through the fund of funds program.

AB43,1377,19 c. An accounting of any fee the venture capital fund paid to itself or any principal or manager of the venture capital fund.

AB43,1377,21 d. The venture capital fund's average internal rate of return on its investments of the moneys it received through the fund of funds program.

AB43,1377,23 4. For each business in which a venture capital fund held an investment of moneys received through the fund of funds program, all of the following:

AB43,1377,24 a. The name and address of the business.

AB43,1377,25 b. A description of the nature of the business.

AB43,1378,1 c. An identification of the venture capital fund.

AB43,1378,3 d. The amount of the investment and the amount invested by the venture capital fund from funding sources other than the program.

AB43,1378,5 e. The internal rate of return realized by the venture capital fund upon the venture capital fund's exit from the investment in the business.