SB1106: Bill Text

SB1106,15,14 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB1106,26 Section 26 . 16.765 (2) of the statutes is amended to read:

SB1106,16,7 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB1106,27 Section 27 . 16.765 (5) of the statutes is amended to read:

SB1106,16,25 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB1106,28 Section 28. 16.765 (6) of the statutes is amended to read:

SB1106,17,10 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB1106,29 Section 29 . 16.765 (7) (intro.) of the statutes is amended to read:

SB1106,17,22 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

SB1106,30 Section 30 . 16.765 (7) (d) of the statutes is amended to read:

SB1106,18,5 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

SB1106,31 Section 31 . 16.765 (8) of the statutes is amended to read:

SB1106,18,23 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB1106,32 Section 32 . 16.85 (2) of the statutes is amended to read:

SB1106,19,10 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 subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238, 239, or 279.

SB1106,33 Section 33 . 16.865 (8) of the statutes is amended to read:

SB1106,20,2 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279.

SB1106,34 Section 34 . 19.42 (10) (t) of the statutes is created to read:

SB1106,20,5 19.42 (10) (t) The chief executive officer and members of the governing board of the Public Bank of Wisconsin.

SB1106,35 Section 35 . 19.42 (13) (s) of the statutes is created to read:

SB1106,20,8 19.42 (13) (s) The chief executive officer and members of the governing board of the Public Bank of Wisconsin.

SB1106,36 Section 36 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB1106,37 Section 37 . 20.195 of the statutes is created to read:

SB1106,20,13 20.195 Public Bank of Wisconsin. There is appropriated to the Public Bank of Wisconsin for the following programs:

SB1106,20,17 (1) Loan programs. (a) General program operations; initial funding. As a continuing appropriation, the amounts in the schedule for the initial costs of operating the Public Bank of Wisconsin and for initial funding for loans and other banking activities under ch. 239.

SB1106,38 Section 38. 20.907 (5) (e) 12r. of the statutes is amended to read:

SB1106,21,2 20.907 (5) (e) 12r. Transfers from the income account of the state investment fund, to pay bank service costs under s. 34.045 (1) (bm).

SB1106,39 Section 39. 34.03 (2) of the statutes is amended to read:

SB1106,21,9 34.03 (2) Require any public depository or the trustees of segregated trusts created by banks for the benefit of public depositors to furnish information upon request. Any Except as provided in s. 34.05 (5), any public depository which refuses or neglects to give any information so requested shall be excluded from the right to receive public deposits. Information obtained under this subsection may not be disclosed by the division of banking unless disclosed as provided in s. 220.06.

SB1106,40 Section 40. 34.045 of the statutes is repealed.

SB1106,41 Section 41. 34.05 (4) (intro.) of the statutes is amended to read:

SB1106,21,17 34.05 (4) (intro.) Notwithstanding sub. (1), s. 66.0603 (1m) (a), or any other provision of law, the governing board of a public depositor, other than the state, may direct the treasurer of the governing board to deposit public moneys in a selected public depository and, directly or through an authorized agent, instruct the public depository to arrange for the redeposit of the moneys through a deposit placement program that meets all of the following conditions:

SB1106,42 Section 42. 34.05 (5) of the statutes is created to read:

SB1106,21,23 34.05 (5) (a) Notwithstanding any other provision of this chapter, the Public Bank of Wisconsin shall be a public depository of the state and, no later than January 1, 2028, the Public Bank of Wisconsin shall be the state's only public depository. Except as provided in pars. (b) and (c), to accomplish this transition, the state's public moneys shall be deposited as follows:

SB1106,21,25 1. By January 1, 2025, at least 30 percent of the state's public deposits shall be with the Public Bank of Wisconsin.

SB1106,22,2 2. By January 1, 2026, at least 50 percent of the state's public deposits shall be with the Public Bank of Wisconsin.

SB1106,22,4 3. By January 1, 2027, at least 80 percent of the state's public deposits shall be with the Public Bank of Wisconsin.

SB1106,22,6 4. By January 1, 2028, all of the state's public deposits shall be with the Public Bank of Wisconsin.

SB1106,22,14 (b) No later than November 1, 2024, the governing board of the Public Bank of Wisconsin shall review state accounts to determine whether any public moneys received by the state are unsuitable for deposit in the Public Bank of Wisconsin and shall submit to the governor, to the secretary of administration, and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report identifying any such public moneys. Upon approval of the secretary of administration, such public moneys may not be deposited in the Public Bank of Wisconsin.

SB1106,22,21 (c) If the governing board of the Public Bank of Wisconsin, in consultation and agreement with the secretary of administration, determines that the Public Bank of Wisconsin does not have sufficient capacity to accept and manage the state's public moneys, the deposit schedule under par. (a) shall be delayed and the governing board shall provide to the secretary of administration a plan and time frame to begin such deposits. Deposits may not be delayed under this paragraph beyond December 31, 2025.

SB1106,43 Section 43. 34.07 of the statutes is amended to read:

SB1106,23,4 34.07 Security. A surety bond or other security, including an irrevocable letter of credit issued by a federal home loan bank, state bank, national bank, federal or state savings bank, federal or state credit union, or federal or state savings and loan association, may be required of or given by any public depository for any public deposits that exceed the amount of deposit insurance provided by an agency of the United States and the coverage provided under s. 34.08 (2). This section does not apply with respect to the Public Bank of Wisconsin.

SB1106,44 Section 44 . 40.02 (54) (n) of the statutes is created to read:

SB1106,23,6 40.02 (54) (n) The Public Bank of Wisconsin.

SB1106,45 Section 45 . 70.11 (38v) of the statutes is created to read:

SB1106,23,10 70.11 (38v) Public Bank of Wisconsin. All property owned by the Public Bank of Wisconsin, provided that use of the property is primarily related to the purposes of the Public Bank of Wisconsin.

SB1106,46 Section 46. 71.26 (1) (be) of the statutes is amended to read:

SB1106,23,15 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, of the Public Bank of Wisconsin, and of the Wisconsin Aerospace Authority.

SB1106,47 Section 47 . 77.54 (9a) (a) of the statutes is amended to read:

SB1106,23,20 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, the Public Bank of Wisconsin, and the Fox River Navigational System Authority.

SB1106,48 Section 48 . 100.45 (1) (dm) of the statutes is amended to read:

SB1106,24,6 100.45 (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 Aerospace Authority, the Wisconsin Economic Development Corporation, the Public Bank of Wisconsin, and the Fox River Navigational System Authority.

SB1106,49 Section 49 . 230.03 (3) of the statutes is amended to read:

SB1106,24,17 230.03 (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 the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233, 234, 237, 238, 239, or 279. “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.

SB1106,50 Section 50 . Chapter 239 of the statutes is created to read:

SB1106,24,19 Chapter 239

SB1106,24,20 Public Bank of Wisconsin

SB1106,24,21 239.01 Definitions. In this chapter:

SB1106,24,22 (1) “Affordable financing” means any of the following:

SB1106,24,23 (a) As provided to an eligible recipient, any of the following:

SB1106,25,3 1. The provision of credit and loans, including long-term loans and unsecured loans, at affordable rates and for which the Public Bank of Wisconsin employs underwriting methods that are flexible in their criteria, terms, and uses.

SB1106,25,6 2. The provision of letters of credit, guarantees, subordinate loans, and other forms of risk management to facilitate additional financing from sources other than the Public Bank of Wisconsin.

SB1106,25,8 3. The provision of any type of financing authorized for a state bank organized under ch. 221.

SB1106,25,9 4. The provision of technical assistance.

SB1106,25,11 (b) As provided to an eligible recipient under sub. (7) (c), (e), (h), or (k), any of the following:

SB1106,25,13 1. The provision of equity financing, including preferred stock, common stock, equity-equivalent capital, and other hybrid instruments.

SB1106,25,15 2. The provision of grants, donations, and contributions, including grants given over a period of years to provide predictability for an eligible recipient.

SB1106,25,16 (2) “Affordable housing” means any of the following:

SB1106,25,17 (a) Affordable housing, as defined in s. 66.1105 (2) (ab).

SB1106,25,18 (b) Low-income housing, as defined in s. 70.11 (4a) (b).

SB1106,25,20 (3) “Board," except in the phrase “board of advisors,” means the governing board of the Public Bank of Wisconsin.

SB1106,25,22 (4) “Community development authority” means a housing and community development authority organized under s. 66.1335.

SB1106,25,24 (5) “Community development corporation” has the meaning given in s. 234.94 (2).

SB1106,26,2 (6) “Division” means the division of banking in the department of financial institutions.

SB1106,26,4 (7) “Eligible recipient,” with respect to affordable financing provided by the Public Bank of Wisconsin, means any of the following:

SB1106,26,6 (a) Any local governmental unit or enterprise managed in whole or in part by a local governmental unit.

SB1106,26,8 (b) A nonprofit organization that has a primary goal of benefitting the state or its residents through community development.

SB1106,26,9 (c) A land trust.

SB1106,26,10 (d) A cooperative organized under ch. 185 or 193.

SB1106,26,12 (e) An entity created by financial institutions that pools funds to lend for affordable housing development.

SB1106,26,14 (f) A developer of housing or preservation projects if all the entities financing a project invite the Public Bank of Wisconsin to participate with financing.

SB1106,26,18 (g) A bank, savings bank, savings and loan association, or credit union organized under the laws of this state if the affordable financing extended to the bank, savings bank, savings and loan association, or credit union is used to support another eligible recipient under this subsection.

SB1106,26,20 (h) A community development authority, redevelopment authority, housing authority, or community development corporation.

SB1106,26,23 (i) A small business enterprise doing business primarily in this state that offers a sustainable business plan and merits credit but is unable to procure affordable financing from other financial institutions in this state.

SB1106,26,24 (j) A small- or medium-sized farm and its related industries.

SB1106,27,2 (k) An investment vehicle created for the primary purpose of supporting another eligible recipient under this subsection.

SB1106,27,4 (8) “Housing authority” means a housing authority organized under ss. 66.1201 to 66.1213.

SB1106,27,9 (9) “Land trust” means a nonstock corporation or other nonprofit organization that acquires, manages, develops, or maintains land or easements to promote the preservation or restoration of land in this state for recreational, agricultural, scenic, residential, or commercial use, including for use related to climate security, water resource protection, or affordable housing.

SB1106,27,10 (10) “Local governmental unit" has the meaning given in s. 16.97 (7).