Chapter 16

16.295(5)(d)5. 5. Provide to the investment manager the information necessary for the investment manager to complete the annual report under sub. (7) (a) and the quarterly report under sub. (7) (c).

16.295(5)(d)6. 6. Disclose to the investment manager and the department any interest that the venture capital fund or an owner, stockholder, partner, officer, director, member, employee, or agent of the venture capital fund holds in a business in which the venture capital fund invests or intends to invest moneys received under par. (b).

16.295(5)(e) (e) The investment manager’s profit-sharing agreement with each venture capital fund that receives moneys under par. (b) shall be on terms that are substantially equivalent to the terms applicable for other funding sources of the venture capital fund.

16.295(6) (6) Special requirements for investments of moneys contributed by the state.

16.295(6)(a) (a) The investment manager shall hold in an escrow account at a bank with its headquarters in this state its gross proceeds from all investments of the moneys designated under sub. (5) (b) 1. and 4. until the investment manager allocates the proceeds as provided in par. (c).

16.295(6)(c) (c) Within 24 months after receiving any proceeds from the investment of the moneys designated under sub. (5) (b) 1. and 4., the investment manager shall commit 90 percent of the gross proceeds to investments in venture capital funds headquartered in this state.

16.295(6)(d) (d)

16.295(6)(d)1. 1. The investment manager shall ensure that the gross proceeds resulting from investments made with moneys designated under sub. (5) (b) 1. and 4. are reinvested so that when averaged across all venture capital fund recipients, for every $1 of moneys reinvested as set forth in par. (c), venture capital fund recipients must receive $2 from sources other than the investment manager. Any individual business that receives an investment made by the investment manager under par. (c) is required to receive additional investments made by sources other than the investment manager.

16.295(6)(d)2. 2. The investment manager shall contract with each venture capital fund that receives moneys under par. (c). Each contract shall require the venture capital fund to:

16.295(6)(d)2.a. a. Make new investments in an amount equal to the moneys it receives under par. (c) in one or more businesses that are headquartered in this state and employ at least 50 percent of their full-time employees, including any subsidiary or other affiliated entity, in this state, and invest at least one-half of those moneys in one or more businesses that employ fewer than 150 full-time employees, including any subsidiary or other affiliated entity, when the venture capital fund makes its initial investment of moneys in the business under this section. The venture capital fund’s contract with a business in which the venture capital fund makes an investment under this subsection shall require that, if within 3 years after the venture capital fund makes its initial investment, the business relocates its headquarters outside of this state or fails to employ at least 50 percent of its full-time employees, including any subsidiary or other affiliated entity, in this state, the business shall promptly pay to the venture capital fund an amount equal to the total amount of moneys designated under par. (c) that the venture capital fund invested in the business. The venture capital fund shall reinvest those moneys in one or more businesses that are eligible to receive an investment under this subdivision, subject to the requirements of this section.

16.295(6)(d)2.b. b. Invest all of the moneys it receives under par. (c) in businesses in the agriculture, information technology, engineered products, advanced manufacturing, medical devices, or medical imaging industry and attempt to ensure that all those moneys are invested in businesses that are diverse with respect to geographic location within this state.

16.295(6)(d)2.c. c. Provide to the investment manager the information necessary for the investment manager to complete the annual report under sub. (7) (a) and the quarterly report under sub. (7) (c).

16.295(6)(d)2.d. d. Disclose to the investment manager and the department any interest that the venture capital fund or an owner, stockholder, partner, officer, director, member, employee, or agent of the venture capital fund holds in a business in which the venture capital fund invests or intends to invest moneys received under par. (c).

16.295(7) (7) Reports of the investment manager; public disclosures.

16.295(7)(a) (a) Annually, within 120 days after the end of the investment manager’s fiscal year, the investment manager shall submit a report to the department for that fiscal year that includes all of the following:

16.295(7)(a)1. 1. An audit of the investment manager’s financial statements performed by an independent certified public accountant.

16.295(7)(a)2. 2. The investment manager’s internal rate of return from investments under subs. (5) (b) and (6) (c).

16.295(7)(a)3. 3. For each venture capital fund that contracts with the investment manager under sub. (5) (d) or (6) (d), all of the following:

16.295(7)(a)3.a. a. The name and address of the venture capital fund.

16.295(7)(a)3.b. b. The amounts invested in the venture capital fund under subs. (5) (b) and (6) (c).

16.295(7)(a)3.c. c. An accounting of any fee the venture capital fund paid to itself or any principal or manager of the venture capital fund.

16.295(7)(a)3.d. d. The venture capital fund’s average internal rate of return on its investments of the moneys it received under sub. (5) (b) or (6) (c).

16.295(7)(a)4. 4. For each business in which a venture capital fund held an investment of moneys the venture capital fund received under sub. (5) (b) or (6) (c), all of the following:

16.295(7)(a)4.a. a. The name and address of the business.

16.295(7)(a)4.b. b. A description of the nature of the business.

16.295(7)(a)4.c. c. An identification of the venture capital fund that made the investment in the business.

16.295(7)(a)4.d. d. The amount of each investment in the business and the amount invested by the venture capital fund from funding sources other than the investment manager.

16.295(7)(a)4.e. 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.

16.295(7)(a)4.f. f. A statement of the number of employees the business employed when the venture capital fund first invested moneys in the business that the venture capital fund received under sub. (5) (b) or (6) (c), the number of employees the business employed on the first day of the investment manager’s fiscal year, and the number of employees the business employed on the last day of the investment manager’s fiscal year.

16.295(7)(b) (b) No later than 10 days after it receives the investment manager’s report under par. (a), the department shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).

16.295(7)(c) (c) Quarterly, the investment manager shall submit a report to the department for the preceding quarter that includes all of the following:

16.295(7)(c)1. 1. An identification of each venture capital fund under contract with the investment manager under sub. (5) (d) or (6) (d).

16.295(7)(c)2. 2. An identification of each business in which a venture capital fund held an investment of moneys the venture capital fund received under sub. (5) (b) or (6) (c) and a statement of the amount of the investment in each business that separately specifies the amount of moneys designated under sub. (5) (b) 1. or 4. that were contributed to the investment.

16.295(7)(c)3. 3. A statement of the number of employees the business employed when the venture capital fund first invested moneys in the business that the venture capital fund received under sub. (5) (b) or (6) (c) and the number of employees the business employed at the end of the quarter.

16.295(7)(d) (d) The department shall make the investment manager’s quarterly report under par. (c) readily accessible to the public on the department’s Internet site.

16.295(8) (8) Progress reports. In 2015, 2018, and 2024, no later than March 1, the department shall submit reports to the joint committee on finance that include all of the following:

16.295(8)(a) (a) A comprehensive assessment of the performance to date of the investment program under this section.

16.295(8)(b) (b) Any recommendations the department has for improvement of the investment program under this section and the specific actions the department intends to take or proposes to be taken to implement those recommendations.

16.295(8)(c) (c) Any recommendations the investment board has for improvement of the investment program under this section and the specific actions the investment board proposes to be taken to implement those recommendations.

16.295(9) (9) Exemption from low bid and contractual services requirements. Sections 16.705 and 16.75 do not apply to this section.

16.295 History History: 2013 a. 41; 2023 a. 19, 98; s. 35.17 correction in (5) (c) 2.

16.297 16.297 Grants for local government expenditures; moral obligation pledge.

16.297(1) (1) Definitions. In this section:

16.297(1)(a) (a) “Local governmental unit” means a city, village, town, county, or technical college district that contains any part of an electronics and information technology manufacturing zone designated under s. 238.396 (1m).

16.297(1)(b) (b) “Municipal obligation” has the meaning given in s. 67.01 (6).

16.297(1m) (1m) Grants. From the appropriation under s. 20.505 (1) (fr), the department may make one or more grants to a local governmental unit for the local governmental unit’s expenditures for costs the department determines are associated with development occurring in an electronics and information technology manufacturing zone designated under s. 238.396 (1m), including costs related to infrastructure and public safety.

16.297(2) (2) Match. The department may require a local governmental unit to match in whole or in part a grant the department makes to the local governmental unit under sub. (1m).

16.297(3) (3) Moral obligation pledge.

16.297(3)(a) (a) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if ever called upon to do so, it shall make an appropriation to pay the principal and interest of a local governmental unit’s municipal obligations, if all of the following apply:

16.297(3)(a)1. 1. The local governmental unit’s municipal obligation is issued to finance costs related to development occurring in or for the benefit of an electronics and information technology manufacturing zone designated under s. 238.396 (1m).

16.297(3)(a)2. 2. The secretary designates the moral obligation pledge for the local governmental unit’s municipal obligation before the municipal obligation is issued, based on a plan that the local governmental unit shall submit to the department on a form prescribed by the department.

16.297(3)(b) (b) No more than 40 percent of a local governmental unit’s aggregate municipal obligations under par. (a) shall be subject to the moral obligation pledge under that paragraph.

16.297(3)(c) (c) The proceeds of municipal obligations issued by a local governmental unit under this subsection shall be used to finance costs related to development occurring in or for the benefit of an electronics and information technology manufacturing zone designated under s. 238.396 (1m). The legislature determines that the provision of assistance by state agencies to a local governmental unit under this section, any appropriation of funds to a local governmental unit under this section, and the moral obligation pledge under par. (a) serve a substantial statewide public purpose by assisting the development of an electronics and information technology manufacturing zone in the state, by encouraging economic development, by reducing unemployment, and by bringing needed capital into the state for the benefit and welfare of people throughout the state.

16.297(4) (4) Contract. The secretary may contract with a local governmental unit to implement this section.

16.297 History History: 2017 a. 58.

16.298 16.298 Pay for success contracting.

16.298(1) (1) Definitions. In this section:

16.298(1)(a) (a) “Eligible services” means social, employment, or correctional services, as determined by the department in conjunction with the department of health services, department of corrections, department of children and families, department of workforce development, or other state agency, as appropriate.

16.298(1)(b) (b) “Pay for success contract” means a contract authorized under sub. (2) (a).

16.298(1)(c) (c) “Service provider” means a private organization, whether operated for profit or not for profit, that provides eligible services to individuals.

16.298(1)(d) (d) “State agency” means any office, department, agency, institution of higher education, association, society, or other body in state government that is created or authorized to be created by the constitution or any law and is entitled to expend moneys appropriated by law, including any authority, but not including the legislature or the courts.

16.298(2) (2) Contract execution.

16.298(2)(a) (a) The department may contract, including jointly with another state agency, with a service provider for the payment of moneys to the service provider for the provision of eligible services to individuals.

16.298(2)(b) (b) Each pay for success contract shall provide all of the following:

16.298(2)(b)1. 1. That a majority of the total contract payment is conditioned on the service provider achieving performance measures, as specified in the contract, toward the outcome of the contract objectives.

16.298(2)(b)2. 2. A defined objective procedure by which an independent evaluator is required to determine whether the performance measures specified under subd. 1. have been achieved.

16.298(2)(b)3. 3. A schedule of the amounts and timing of payments to be earned by the service provider during each year or other specified period of the contract.

16.298(2)(c) (c) For each pay for success contract, the department may not execute the contract unless all of the following occur first:

16.298(2)(c)1. 1. The department determines that the contract is expected to result in significant performance improvements or significant budgetary savings for the state if the contract objectives specified in the proposed contract are achieved.

16.298(2)(c)2. 2. The department notifies the joint committee on finance in writing of the proposed contract. The notification shall describe in detail the department’s proposal for the contract and shall identify all appropriations from which the department proposes to transfer moneys to the appropriation under s. 20.505 (1) (ko) and the amounts the department proposes to transfer. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department’s notification that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may execute the contract as proposed in its notification, and the secretary may make each proposed transfer. If, within 14 working days after the date of the department’s notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may execute the contract and the secretary may transfer moneys to the appropriation under s. 20.505 (1) (ko) only with the approval of the committee.

16.298(3) (3) Contract payments.

16.298(3)(a) (a) For each pay for success contract, from the appropriation under s. 20.505 (1) (ko), the department shall make payments under sub. (2) (b) 3. subject to the contract terms.

16.298(3)(b) (b) For each pay for success contract, the secretary shall transfer the following moneys, if any, from the appropriation under s. 20.505 (1) (ko) to the appropriation from which the moneys were transferred under sub. (2) (c) 2.:

16.298(3)(b)1. 1. If the contract is terminated or otherwise expires, an amount equal to the amount transferred to the appropriation under s. 20.505 (1) (ko) but not expended under the contract.

16.298(3)(b)2. 2. Any amount the department recovers from a service provider for overpayment under the contract and any amount the department otherwise recovers under the terms of the contract.

16.298(4) (4) Reports.

16.298(4)(a) (a) Upon completion of each pay for success contract, the department shall submit a report to the joint committee on finance and the appropriate standing committees of the legislature under s. 13.172 (3) that describes in detail the performance measures specified for the contract under sub. (2) (b) 1. and the extent to which those performance measures were achieved.

16.298(4)(b) (b) Upon completion of each pay for success contract under which another state agency jointly contracts with the department under sub. (2) (a), the other state agency shall submit to the joint committee on finance and the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes in detail the outcomes of the contract.

16.298(5) (5) Purchasing exemption. A contract is subject to s. 16.765, but is otherwise exempt from subch. IV.

16.298 History History: 2017 a. 267; 2021 a. 238 ss. 44, 45; 2021 a. 267.

16.301 16.301 Definitions. In ss. 16.301 to 16.315:

16.301(1) (1) “Community-based organization” means an organization operating in a specific geographic area that is organized primarily to provide housing opportunities for persons or families of low or moderate income, and that is one of the following:

16.301(1)(a) (a) A nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

16.301(1)(b) (b) A nonprofit cooperative organized under ch. 185 or 193.

16.301(1)(c) (c) A federally recognized American Indian tribe or band in this state or an entity established by a federally recognized American Indian tribe or band.

16.301(2) (2) “Housing authority” means any of the following:

16.301(2)(a) (a) A housing authority organized under s. 59.53 (22), 61.73, 66.1201 or 66.1213 or ch. 234.

16.301(2)(b) (b) A redevelopment authority or housing and community development authority exercising the powers of a housing authority under s. 66.1333 (3) or 66.1335 (4).

16.301(2)(c) (c) A housing authority organized by the elected governing body of a federally recognized American Indian tribe or band in this state.