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) (3)
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)(b) (b) The limits in ss. 234.18 (1) and (2), 234.40, 234.50, 234.60, 234.65 and 234.70 do not apply to bonds or notes issued under this section.
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) (1)Definitions. In this section:
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)(g) (g) "Postconsumer waste" has the meaning given in s. 287.01 (7).
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)(a)2.a. a. Physical plant.
234.67(2)(a)2.b. b. Machinery or equipment.
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) (3)Guarantee of collection.
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.
234.67 History History: 1989 a. 335; 1991 a. 39, 221; 1993 a. 75; 1995 a. 227.
234.68 234.68 Stratospheric ozone protection loan guarantee program.
234.68(1)(1)Definitions. In this section:
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.
234.68(2)(g) (g) The loan term does not extend beyond 15 years after the date on which the participating lender disburses the loan unless the loan is extended by the authority.
234.68(2)(h) (h) 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.
234.68(2)(i) (i) The participating lender agrees to the percentage of guarantee established for the loan by the authority.
234.68(3) (3)Guarantee of collection.
234.68(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 by 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.
234.68(3)(b) (b) Except as provided in s. 234.93 (3), the total outstanding principal amount of all guaranteed loans under par. (a) may not exceed $500,000.
234.68 History History: 1993 a. 16.
234.69 234.69 Clean air loan guarantee program.
234.69(1) (1)Definitions. In this section:
234.69(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.
234.69(1)(b) (b) "Guaranteed loan" means a loan for which the authority guarantees collection under sub. (3).
234.69(1)(c) (c) "Nonattainment area" has the meaning given in s. 285.01 (30).
234.69(1)(d) (d) "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).
234.69(1)(e) (e) "Security interest" means an interest in property or other assets that secures payment or other performance of a guaranteed loan.
234.69(1)(f) (f) "Small business" means a business entity, including a parent corporation or any subsidiary or affiliated corporation, that employs fewer than 51 full-time employes.
234.69(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:
234.69(2)(a) (a) The borrower is a small business that is located in a nonattainment area.
234.69(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 comply with the air pollution control requirements of any of the following:
234.69(2)(b)1. 1. The federal clean air act.
234.69(2)(b)3. 3. A local air pollution control program established under s. 285.73.
234.69(2)(c) (c) The loan proceeds are not applied to the outstanding balance of any other loan.
234.69(2)(d) (d) The authority approves the interest rate on the loan, including any origination fees or other charges.
234.69(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.
234.69(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.
234.69(2)(g) (g) The loan term does not extend beyond 15 years after the date on which the participating lender disburses the loan unless the loan is extended by the authority.
234.69(2)(h) (h) 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.
234.69(2)(i) (i) The participating lender agrees to the percentage of guarantee established for the loan by the authority.
234.69(3) (3)Guarantee of collection.
234.69(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 by 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.
234.69(3)(b) (b) Except as provided in s. 234.93 (3), the total outstanding principal amount of all guaranteed loans under par. (a) may not exceed $1,000,000.
234.69 History History: 1993 a. 16; 1995 a. 227.
234.70 234.70 Bonds for residential facilities for the elderly or chronically disabled.
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