234.65(3)(a)1.1. The business which will receive the loan, at least 30 days prior to signing of the loan contract, has given notice of intent to sign the contract, on a form prescribed under
s. 560.034 (1), to the department of commerce and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement; and
234.65(3)(a)2.
2. The authority has received an estimate issued under
s. 560.034 (5) (b), and the department of commerce has estimated whether the project which the authority would finance under the loan is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.
234.65(3)(a)3.
3. Nothing in this paragraph may be deemed to require a business signing a loan contract to satisfy an estimate under
subd. 2.
234.65(3)(a)4.
4. Subdivisions 1. to
3. do not apply to a person engaged in the business of operating a railroad or to an economic development loan to finance an economic development project described under
s. 234.01 (4n) (c).
234.65(3)(b)
(b) Conventional financing is unavailable for the economic development project on reasonably equivalent terms and conditions.
234.65(3)(c)
(c) The economic development project is or will be located in this state.
234.65(3)(d)
(d) The business receiving the benefits of the loan proceeds, together with all of its affiliates and subsidiaries and its parent company, has current gross annual sales of $35,000,000 or less. This paragraph does not apply to an economic development loan to finance a project described in
s. 234.01 (4n) (d).
234.65(3)(dg)
(dg) The authority shall not assume primary risk for any economic development loan.
234.65(3)(e)
(e) The economic development loan will not be used to refinance existing debt, unless it is in conjunction with an expansion of the business or job creation. This paragraph does not apply to an economic development loan to finance an economic development project described under
s. 234.01 (4n) (c) or
(d).
234.65(3)(f)
(f) The authority has not received a certification under
s. 49.855 (7) that the person receiving the loan is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
234.65(3)(g)
(g) The business that will receive the loan certifies that it will not begin or expand operations that will increase emissions of any ozone-depleting substance that is listed as a class I substance under
42 USC 7671a.
234.65(3m)
(3m) An economic development loan may not be made unless the department of commerce complies with
sub. (1m) and certifies that each loan complies with
sub. (3).
234.65(3r)
(3r) Any economic development loan which a business receives from the authority under this section to finance a project shall require the business to submit to the department of commerce within 12 months after the project is completed or 2 years after a loan is issued to finance the project, whichever is sooner, on a form prescribed under
s. 560.034 (1), the net number of jobs eliminated, created or maintained on the project site and elsewhere in this state as a result of the project. This subsection does not apply to an economic development loan to finance an economic development project described under
s. 234.01 (4n) (c).
234.65(4)
(4) In respect to the loans issued under this section, the authority shall submit to the governor, the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), within 6 months after the close of its fiscal year an annual report including all of the following for the fiscal year:
234.65(4)(a)
(a) A statement of the authority's operations, accomplishments, goals and objectives.
234.65(4)(b)
(b) A financial statement showing income and expenses, assets and liabilities and a schedule of its bonds and notes outstanding and the amounts redeemed and issued.
234.65(5)
(5) On or before July 1, 1985, and every July 1 thereafter, the department of commerce shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), a report which shall address the effects of lending under this section in the following areas:
234.65(5)(a)
(a) Maintaining or increasing employment in this state.
234.65(5)(b)
(b) Contributing to this state's economic growth and the well-being of its residents.
234.65(5)(c)
(c) Locating economic development projects in areas of high unemployment or low average income.
234.65(5)(d)
(d) Obtaining the participation of a large number of financial institutions in the lending.
234.65(5)(e)
(e) The geographical distribution of lending in this state.
234.65(6)(a)3.
3. "Small business" means an independently owned and operated business which is not dominant in its field and has had less than $2,500,000 in gross annual sales for each of the 2 previous calendar years or has 25 or fewer employes.
234.65(6)(a)4.
4. "Women's business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by women.
234.65(6)(am)
(am) The authority may elect to secure a particular issue of bonds or notes issued to fund economic development loans to finance or refinance projects described in
s. 234.01 (4n) (d) with a capital reserve fund under
s. 234.15. The election, if made, shall be made in the resolution authorizing the issue.
234.65(6)(b)
(b) Except as provided in
sub. (8), the authority may issue bonds and notes secured by a capital reserve fund pursuant to
par. (am) in an aggregate principal amount not exceeding $50,000,000 plus such additional amount as the authority considers necessary or desirable to fund a deposit into the capital reserve fund to pay costs of issuing the bonds and notes or to pay capitalized interest on the bonds and notes.
234.65(6)(c)
(c) The borrower of an economic development loan that is made by the authority to finance or refinance a project described in
s. 234.01 (4n) (d) shall agree as a condition to receiving the economic development loan that the borrower and the borrower's successors in interest shall not transfer its operations from this state, or voluntarily cease its operations in this state, as a professional athletic team during the duration that the economic development loan is outstanding.
234.65(6)(d)
(d) The borrower of an economic development loan that is made by the authority to finance or refinance a project described in
s. 234.01 (4n) (d) shall agree as a condition to receiving the economic development loan to work toward a goal that at least 20% of the employes hired to construct and operate the facilities described under
s. 234.01 (4n) (d) be minority group members, and that at least 20% of the contracts awarded to construct and operate the facilities described under
s. 234.01 (4n) (d) be awarded to minority businesses that are certified under
s. 560.036 (2). The borrower shall also make good faith efforts to award contracts to construct and operate the facilities described under
s. 234.01 (4n) (d) to small businesses and women's businesses.
234.65(7)
(7) The authority shall not grant an economic development loan for a project described in
s. 234.01 (4n) (d) unless the borrower's agreement under
sub. (6) (d) relating to achieving minority hiring and contracting goals is first approved by the authority.
234.65(8)
(8) The authority shall not issue bonds or notes under this section to finance the construction of baseball park facilities, as defined in
s. 229.65 (1), in relation to any single professional baseball park in an aggregate principal amount exceeding $50,000,000, excluding bonds and notes issued to fund a deposit into the capital reserve fund, to pay costs of issuing the bonds and notes or to pay capitalized interest on the bonds and notes.
234.65(10)
(10) The authority shall provide to the cochairpersons of the joint committee on finance information concerning the authority's projected cashflows and security features underlying each issuance of bonds to a business for the purpose of financing baseball park facilities, as defined in
s. 229.65 (1).
234.65 Note
NOTE:
This section was created by
1983 Wisconsin Act 83. Section 1 of that act is entitled "Legislative Declaration."
234.66
234.66
Beginning farmer program. 234.66(1)
(1) In this section, "beginning farmer" means a person who engages in farming or wishes to engage in farming and who qualifies as a first-time farmer under
26 USC 147 (c) (2).
234.66(2)
(2) 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).
234.66(3)(a)(a) The authority may issue its bonds and notes to finance the beginning farmer program, including funding loans to beginning farmers.
234.66(3)(c)
(c) The authority may not issue more than $10,000,000 in aggregate principal amount of bonds and notes under this section, excluding bonds and notes issued to refund outstanding bonds and notes issued under this section.
234.66(3)(d)
(d) Section 234.15 does not apply to bonds or notes issued under this section.
234.66(4)
(4) Bonds or notes issued under this section are special, limited obligations of the authority payable solely out of the revenue derived from the loan agreement, debt obligation or sales contract, collateral or other property received in connection with the beginning farmer program. All assets and liabilities created through the issuance of bonds or notes under this section shall be separate from all other assets and liabilities of the authority. The authority has no moral or legal obligation or liability to any person under this section, except as expressly provided by written contract. No funds of the beginning farmer program may be commingled with any other funds of the authority.
234.66(5)
(5) The authority may charge fees for assistance provided under this section to cover the administrative costs of the beginning farmer program, including legal fees.
234.66 History
History: 1993 a. 437.
234.67
234.67
Recycling loan guarantees. 234.67(1)(am)
(am) "Diaper service" means a business that supplies and launders cloth diapers.
234.67(1)(c)
(c) "Guaranteed loan" means a loan on which the authority guarantees collection under
sub. (3).
234.67(1)(e)
(e) "Participating lender" means a bank, credit union, savings bank, savings and loan association or other person, who makes loans for working capital or to finance physical plant needs, equipment or machinery and who has entered into an agreement with the authority under
s. 234.93 (2) (a).
234.67(1)(f)
(f) "Percentage of guarantee" means the percentage established by the authority under
sub. (3) (a).
234.67(1)(h)
(h) "Security interest" means an interest in property or other assets that secures payment or other performance of a guaranteed loan.
234.67(2)
(2) Eligible loans. A loan made by a participating lender before December 3, 1993, is eligible for guarantee of collection from the Wisconsin development reserve fund under
s. 234.93 if all of the following apply:
234.67(2)(a)
(a) The loan is made to do one of the following:
234.67(2)(a)1.
1. Expand or improve an existing diaper service or to start a new diaper service.
234.67(2)(a)2.
2. To provide working capital or to finance any of the following items, if the working capital or item is necessary to, or used to, produce in this state a product from products recovered from postconsumer waste:
234.67(2)(b)
(b) The rate of interest on the loan, including any origination fees or other charges, is fixed at a rate determined by the participating lender and approved by the authority.
234.67(2)(c)
(c) The total principal amount of all loans to the borrower that are guaranteed under this section will not exceed $750,000.
234.67(2)(e)
(e) The participating lender obtains a security interest in physical plant, equipment, machinery or other assets.
234.67(2)(f)
(f) The loan term does not extend beyond 15 years after the date that the participating lender disburses the loan unless the loan is extended by the authority.
234.67(2)(g)
(g) The proceeds of the loan are not applied to the outstanding balance of any other loan.
234.67(2)(i)
(i) The borrower does not meet the participating lender's minimum standards of creditworthiness to receive a loan for the purposes described in
par. (a) in the normal course of the participating lender's business.
234.67(2)(j)
(j) The participating lender considers the borrower's assets, cash flow and managerial ability sufficient to preclude voluntary or involuntary liquidation for the loan term granted by the participating lender.
234.67(2)(k)
(k) The participating lender agrees to the percentage of guarantee established for the loan by the authority.
234.67(3)(a)(a) Subject to
par. (b), the authority shall 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.
234.67(3)(b)
(b) Except as provided in
s. 234.93 (3), the total principal amounts of all loans which the authority may guarantee under
par. (a) may not exceed $10,000,000.
234.68
234.68
Stratospheric ozone protection loan guarantee program. 234.68(1)(a)
(a) "Federal clean air act" means the federal clean air act,
42 USC 7401 to
7671q, and regulations issued by the federal environmental protection agency under that act.
234.68(1)(b)
(b) "Guaranteed loan" means a loan for which the authority guarantees collection under
sub. (3).
234.68(1)(c)
(c) "Participating lender" means a bank, savings bank, credit union, credit association, savings and loan association or other person that makes loans and that has entered into an agreement with the authority under
s. 234.93 (2) (a).
234.68(1)(d)
(d) "Security interest" means an interest in property or other assets that secures payment or other performance of a guaranteed loan.
234.68(1)(e)
(e) "Small business" means a business entity, including a parent corporation or any subsidiary or affiliated corporation, that employs fewer than 51 full-time employes.
234.68(2)
(2) Eligible loans. A loan made by a participating lender is eligible for guarantee of collection from the Wisconsin development reserve fund under
s. 234.93 if all of the following apply:
234.68(2)(a)
(a) The borrower is a small business in this state.
234.68(2)(b)
(b) The borrower uses the loan proceeds for direct or related expenses, as determined by the authority, that are associated with the purchase or upgrading of equipment or machinery, or with the upgrading of the physical plant of the small business, and the purchase or upgrading enables the small business to eliminate its use of solvents that are or that contain a class I substance, as defined in
42 USC 7671 (3), to comply with the stratospheric ozone protection requirements of the federal clean air act.
234.68(2)(c)
(c) The loan proceeds are not applied to the outstanding balance of any other loan.
234.68(2)(d)
(d) The authority approves the interest rate on the loan, including any origination fees or other charges.
234.68(2)(e)
(e) The total outstanding principal amount of all of the borrower's loans that are guaranteed by the authority under this section does not exceed $50,000.
234.68(2)(f)
(f) The participating lender obtains a security interest in the equipment, machinery, physical plant or other assets to secure repayment of the loan.
