234.93(2)(a)(a) The authority may enter into a guarantee agreement with any bank, production credit association, credit union, savings bank, savings and loan association or other person who wishes to participate in a loan program guaranteed by the Wisconsin development reserve fund. The authority may determine all of the following, consistent with the terms of the specific loan guarantee program:
234.93(2)(a)2.
2. Any conditions upon which the authority may refuse to enter into such an agreement.
234.93(2)(a)3.
3. Any procedures required to carry out the agreement, including default procedures and procedures for determining the guaranteed percentage of each loan.
234.93(2)(b)
(b) A guarantee agreement between the authority and a bank, production credit association, credit union, savings and loan association or other person under s.
234.67 (5), 1989 stats., s.
234.82 (5), 1989 stats., s.
234.90 (7), 1989 stats., s.
234.905 (7), 1989 stats., or s.
234.907 (5), 1989 stats., in effect immediately before August 15, 1991, shall continue in full force and effect, as if entered into under
par. (a).
234.93(2)(bm)
(bm) A guarantee agreement between the authority and a bank, production credit association, credit union, savings and loan association or other person under
par. (a) with respect to a loan guaranteed under s.
234.68, 1995 stats., s.
234.69, 1995 stats., s.
234.765, 1995 stats., s.
234.82, 1995 stats., s.
234.83, 1995 stats., or s.
234.87, 1995 stats., that is in effect immediately before October 14, 1997, shall continue in full force and effect until the termination or expiration of the agreement according to its terms.
234.93(2)(c)
(c) The authority may not use any moneys other than those in the Wisconsin development reserve fund for programs guaranteed by the Wisconsin development reserve fund.
234.93(2)(d)
(d) The authority may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the loan guarantee program, to advise the authority about lending requirements and issues related to a loan guarantee program.
234.93(3)
(3) Increases or decreases in loan guarantees. The authority may request the joint committee on finance to take action under
s. 13.10 to permit the authority to increase or decrease the total principal amount or total outstanding guaranteed principal amount of loans that it may guarantee under a program guaranteed by the Wisconsin development reserve fund. Included with its request, the authority shall provide a projection, for the next June 30, that compares the amounts required on that date to pay outstanding claims and to fund guarantees under all of the programs guaranteed by funds from the Wisconsin development reserve fund, and the balance remaining in the Wisconsin development reserve fund on that date after deducting such amounts, if the increase or decrease is approved, with such amounts and the balance remaining, if the increase or decrease is not approved.
234.93(3m)
(3m) Extension of loan guarantee program. When the authority prepares a fiscal estimate under
s. 13.093 (2) (a) with respect to any bill that extends a program that is guaranteed by funds from the Wisconsin development reserve fund, the authority shall include in its fiscal estimate a projection, for the next June 30, that compares the amounts required on that date to pay outstanding claims and to fund guarantees under all of the programs guaranteed by funds from the Wisconsin development reserve fund, and the balance remaining in the Wisconsin development reserve fund on that date after deducting such amounts, if the program is extended, with such amounts and the balance remaining if the program is not extended.
234.93(4)(a)(a) Annually on June 30, until no balance remains, the authority shall transfer to the general fund any balance remaining in the Wisconsin development reserve fund on that date, after deducting an amount sufficient for all of the following:
234.93(4)(a)1.
1. To pay all outstanding claims under the programs guaranteed by funds from the Wisconsin development reserve fund.
234.93(4)(a)2.
2. To fund guarantees under all of the programs guaranteed by funds from the Wisconsin development reserve fund, except for the program under
s. 234.935, at a ratio of $1 of reserve funding to $4.50 of total outstanding principal and outstanding guaranteed principal that the authority may guarantee under all of those programs.
234.93(4)(a)3.
3. To fund guarantees under the program under
s. 234.935 at a ratio of $1 of reserve funding to $4 of total principal and outstanding guaranteed principal that the authority may guarantee under that program.
234.93(4)(b)
(b) Annually on August 31, the executive director of the authority shall provide to the secretary of administration and to the joint committee on finance a signed statement that includes all of the following:
234.93(4)(b)1.
1. The amounts required to pay outstanding claims and to fund guarantees under each of the programs guaranteed by funds from the Wisconsin development reserve fund on that date.
234.93(4)(b)2.
2. An explanation of how each amount under
subd. 1. was calculated or otherwise determined.
234.93(4)(b)3.
3. The amount of the balance, if any, that remains in the Wisconsin development reserve fund after deducting the amounts under
subd. 1. and that will be transferred to the general fund under
par. (a).
234.93(4)(b)4.
4. A projection of what the amounts under
subds. 1. and
3. will be on June 30 in each of the next 2 years.
234.93(4m)
(4m) Limitation on loan guarantees. The authority shall regularly monitor the cash balance in the Wisconsin development reserve fund. The authority shall ensure that the cash balance in the fund is sufficient for the purposes specified in
sub. (4) (a) 1. and
2.
234.93(5)
(5) Annual report. On or before November 1 annually, the authority shall submit to the chief clerk of each house of the legislature for distribution under
s. 13.172 (2) and to the joint committee on finance an annual report on the number and total dollar amount of guaranteed loans under each of the programs guaranteed by the Wisconsin development reserve fund, the default rate on the loans and any other information on a program guaranteed by the Wisconsin development reserve fund that the authority determines is significant.
234.93(6)
(6) Moral obligation. Recognizing its moral obligation, the legislature expresses its expectation that, if called upon to do so, it shall make an appropriation to meet all demands for funds guaranteed by the Wisconsin development reserve fund.
234.932
234.932
Wisconsin job training reserve fund. 234.932(1)
(1)
Definition. In this section, "department" means the department of commerce.
234.932(2)
(2) Establishment of fund. There is established under the jurisdiction and control of the authority, for the purpose of providing funds for guaranteeing loans under
s. 234.84, a Wisconsin job training reserve fund, consisting of all of the following:
234.932(2)(a)
(a) Moneys appropriated to the authority under
s. 20.490 (6) (a) and
(k) or received by the authority for the Wisconsin job training reserve fund from any other source.
234.932(2)(b)
(b) Any income from investment of money in the Wisconsin job training reserve fund by the authority under
s. 234.03 (18).
234.932(3)(a)(a) The authority or department shall enter into a guarantee agreement with any bank, production credit association, credit union, savings bank, savings and loan association or other person who wishes to participate in the loan program guaranteed by the Wisconsin job training reserve fund. The authority or department may determine all of the following, consistent with the terms of the loan guarantee program:
234.932(3)(a)2.
2. Any conditions upon which the authority or department may refuse to enter into such an agreement.
234.932(3)(a)3.
3. Any procedures required to carry out the agreement, including default procedures and procedures for determining the guaranteed percentage of each loan.
234.932(3)(b)
(b) The authority may not use any moneys other than those in the Wisconsin job training reserve fund for the job training loan guarantee program, and may not use moneys in the Wisconsin job training reserve fund for any programs other than the job training loan guarantee program.
234.932(3)(c)
(c) The department may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the job training loan guarantee program, to provide advice about lending requirements and issues related to the job training loan guarantee program.
234.932(3)(d)
(d) The authority shall ensure that the cash balance in the Wisconsin job training reserve fund is sufficient to pay all outstanding claims under the job training loan guarantee program. The authority shall regularly monitor the cash balance in the Wisconsin job training reserve fund to ensure that the cash balance is sufficient for the purposes specified in this paragraph.
234.932(4)
(4) Increases or decreases in loan guarantees. The authority or department may request the joint committee on finance to take action under
s. 13.10 to permit the authority to increase or decrease the total outstanding guaranteed principal amount of loans that it may guarantee under the job training loan guarantee program. Included with its request, the authority or department shall provide a projection, for the next June 30, that compares the amounts required on that date to pay outstanding claims and to fund guarantees under the job training loan guarantee program, and the balance remaining in the Wisconsin job training reserve fund on that date after deducting such amounts, if the increase or decrease is approved, with such amounts and the balance remaining, if the increase or decrease is not approved.
234.932(4m)
(4m) Balance transfer. On October 14, 1997, and annually thereafter on August 31, until no balance remains, the authority shall transfer to the general fund any balance remaining in the Wisconsin job training reserve fund on that date, after deducting an amount sufficient to pay all outstanding claims under the job training loan guarantee program.
234.932(5)
(5) Annual report. Annually, the authority or department shall report on the number and total dollar amount of guaranteed loans under the job training loan guarantee program, the default rate on the loans and any other information on the program that the authority or department determines is significant.
234.932(6)
(6) Moral obligation. Recognizing its moral obligation, the legislature expresses its expectation that, if called upon to do so, it shall make an appropriation to meet all demands for funds guaranteed by the Wisconsin job training reserve fund.
234.933
234.933
Wisconsin drinking water reserve fund. 234.933(1)
(1)
Definition. In this section, "drinking water loan guarantee program" means the program under
s. 234.86.
234.933(2)
(2) Establishment of fund. There is established under the jurisdiction and control of the authority, for the purpose of providing funds for guaranteeing loans under
s. 234.86, a Wisconsin drinking water reserve fund, consisting of all of the following:
234.933(2)(a)
(a) Moneys transferred to the authority from the appropriation accounts under
s. 20.320 (2) (s) and
(x) or received by the authority for the Wisconsin drinking water reserve fund from any other source.
234.933(2)(b)
(b) Any income from investment of money in the Wisconsin drinking water reserve fund by the authority under
s. 234.03 (18).
234.933(3)(a)(a) The authority shall enter into a guarantee agreement with any bank, production credit association, credit union, savings bank, savings and loan association or other person who wishes to participate in the drinking water loan guarantee program. The authority may determine all of the following, consistent with the terms of the loan guarantee program:
234.933(3)(a)2.
2. Any conditions upon which the authority may refuse to enter into such an agreement.
234.933(3)(a)3.
3. Any procedures required to carry out the agreement, including default procedures and procedures for determining the guaranteed percentage of each loan.
234.933(3)(b)
(b) The authority may not use any moneys other than those in the Wisconsin drinking water reserve fund for the drinking water loan guarantee program, and may not use moneys in the Wisconsin drinking water reserve fund for any programs other than the drinking water loan guarantee program.
234.933(3)(c)
(c) The authority may establish an eligibility criteria review panel, consisting of experts in finance and in the subject area of the drinking water loan guarantee program, to provide advice about lending requirements and issues related to the drinking water loan guarantee program.
234.933(3)(d)
(d) The authority shall ensure that the cash balance in the Wisconsin drinking water reserve fund is sufficient to fund guarantees under the drinking water loan guarantee program at a ratio of $1 of reserve funding to $4.50 of total outstanding guaranteed principal that the authority may guarantee under the program and to pay all outstanding claims under the program. The authority shall regularly monitor the cash balance in the Wisconsin drinking water reserve fund to ensure that the cash balance is sufficient for the purposes specified in this paragraph.
234.933(4)
(4) Increases or decreases in loan guarantees. The authority may request the joint committee on finance to take action under
s. 13.10 to permit the authority to increase or decrease the total outstanding guaranteed principal amount of loans that it may guarantee under the drinking water loan guarantee program. Included with its request, the authority shall provide a projection, for the next June 30, that compares the amounts required on that date to pay outstanding claims and to fund guarantees under the drinking water loan guarantee program, and the balance remaining in the Wisconsin drinking water reserve fund on that date after deducting such amounts, if the increase or decrease is approved, with such amounts and the balance remaining, if the increase or decrease is not approved.
234.933(5)
(5) Annual report. Annually, the authority shall report on the number and total dollar amount of guaranteed loans under the drinking water loan guarantee program, the default rate on the loans and any other information on the program that the authority determines is significant.
234.933(6)
(6) Moral obligation. Recognizing its moral obligation, the legislature expresses its expectation that, if called upon to do so, it shall make an appropriation to meet all demands for funds guaranteed by the Wisconsin drinking water reserve fund.
234.933 History
History: 1997 a. 27.
234.935
234.935
Cultural and architectural landmark loan guarantees. 234.935(1)(1)
Definition. In this section, "cultural and architectural landmark" means real property and improvements designated in an executive order as a valued historical landmark and an architectural masterpiece, or an educational tourist center located adjacent to the real property and improvements designated in an executive order as a valued historical landmark and an architectural masterpiece.
234.935(2)
(2) Guarantee requirements. The authority may use money from the Wisconsin development reserve fund to guarantee a loan under this section if all of the following apply:
234.935(2)(a)
(a) The borrower qualifies as an eligible borrower under
sub. (3).
234.935(2)(c)
(c) The lender is the authority, or a financial institution that enters into an agreement under
s. 234.93 (2) (a), or both.
234.935(3)
(3) Eligible borrower. An organization qualifies as an eligible borrower if all of the following apply:
234.935(3)(b)
(b) The organization owns or leases a cultural and architectural landmark.
234.935(4)
(4) Eligible loan. A loan is eligible for guarantee of collection from the Wisconsin development reserve fund under
s. 234.93 if all of the following apply:
234.935(4)(a)
(a) The borrower uses the loan proceeds for acquiring, constructing, improving, rehabilitating or equipping a cultural and architectural landmark.
234.935(4)(b)
(b) The loan proceeds are used for the purchase or improvement of land, buildings, machinery or equipment, or for related expenses.
234.935(4)(c)
(c) The loan proceeds are not used for entertainment expenses or for refinancing existing debt.
234.935(4)(d)
(d) The lender obtains a security interest for repayment of the loan in real or personal property of the debtor.
234.935(5)(a)(a) Subject to
pars. (b) and
(c), the authority may guarantee collection of a percentage, not exceeding 90%, of the principal of any loan eligible for guarantee under
sub. (2). The authority shall establish the percentage of the principal of an eligible loan that will be guaranteed, using the procedures described in the 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.
234.935(5)(b)
(b) The total principal amount of all loans that the authority may guarantee under this section may not exceed $8,000,000.
234.935(5)(c)
(c) Prior to guaranteeing a loan under this section, the authority shall document to the secretary of administration that the Wisconsin development reserve fund contains sufficient funds to guarantee the loan.
234.935 History
History: 1991 a. 39.
COMMUNITY DEVELOPMENT FINANCE COMPANY
234.94
234.94
Definitions. In this subchapter:
234.94(1)
(1) "Capital participation instrument" means:
234.94(1)(a)
(a) Any of the following or an option or other right to acquire any of the following:
234.94(1)(b)
(b) Royalties or other lawful derivations of a capital participation instrument listed under
par. (a).
