SB1106: Bill Text

The bill requires the Public Bank’s CEO to implement the business plan and manage the Public Bank consistently with the business plan. The Public Bank must conduct its operations in compliance with the business plan, and the Public Bank’s governing board must monitor the Public Bank’s compliance. The business plan may only be overridden under certain emergency circumstances. As part of its examination of the Public Bank as a state-chartered bank, the Division of Banking must assess the Public Bank’s compliance with the business plan, and this assessment is available to the public six months after the examination.

Numerous provisions of current law treat state-created authorities similar to state agencies for certain purposes. Although the Public Bank is not a state agency, the bill treats the Public Bank similar to a state agency in the following respects, among others: 1) it is generally subject to the open records and open meetings laws, although certain information must be held confidential; 2) it is subject to auditing by the Legislative Audit Bureau; 3) its CEO and members of the governing board are subject to certain provisions of the state code of ethics; 4) its employees may participate in the system for state retirement benefits and health insurance coverage; and 5) it is exempt from sales and use taxes, property taxes, and income taxes. Under the bill, the Public Bank is also subject to certain conflict-of-interest restrictions, including that it may not transact business with its board members or its officers or their immediate family members.

The bill requires the Public Bank to submit an annual report to the governor and the legislature that includes specified information, including audited financial statements, a description of the benefits of the Public Bank’s activities to the state, and certain compensation information.

The bill also creates an 18-member Board of Advisors, a state agency attached to the Department of Financial Institutions, that reviews the Public Bank’s activities. The Board of Advisors must hold public meetings and maintain a website that contains a comments portal that allows the public to comment on the activities and future initiatives of the Public Bank. The Board of Advisors also communicates to the Public Bank policy recommendations and concerns regarding the Public Bank. The Public Bank must pay from its operating budget expenses incurred by the Board of Advisors. The Public Bank must keep the Board of Advisors informed of the Public Bank’s operations, and the Public Bank and Board of Advisors must hold an annual joint meeting.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB1106,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1106,1 Section 1. 13.172 (1) of the statutes is amended to read:

SB1106,,6 13.172 (1) In this section, “agency” means an 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, 239, or 279.

SB1106,2 Section 2. 13.48 (13) (a) of the statutes is amended to read:

SB1106,,8 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB1106,3 Section 3. 13.62 (2) of the statutes is amended to read:

SB1106,,10 13.62 (2) “Agency” means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279, except that the term does not include a council or committee of the legislature.

SB1106,4 Section 4. 13.94 (1) (dt) of the statutes is created to read:

SB1106,,12 13.94 (1) (dt) Biennially, beginning in 2025, conduct a financial audit of the Public Bank of Wisconsin and a program evaluation audit of the programs administered by the Public Bank of Wisconsin under ch. 239. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

SB1106,5 Section 5. 13.94 (1s) (c) 11. of the statutes is created to read:

SB1106,,14 13.94 (1s) (c) 11. The Public Bank of Wisconsin for the cost of the audit required to be performed under sub. (1) (dt).

SB1106,6 Section 6. 13.94 (4) (a) 1. of the statutes is amended to read:

SB1106,,16 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district, and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50 percent of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB1106,7 Section 7. 13.95 (intro.) of the statutes is amended to read:

SB1106,,18 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the “Legislative Fiscal Bureau” headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director’s designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB1106,8 Section 8. 15.07 (1) (a) 7. of the statutes is created to read:

SB1106,,20 15.07 (1) (a) 7. Members of the board of advisors shall be appointed as provided in s. 15.185 (3), without senate confirmation.

SB1106,9 Section 9. 15.07 (2) (n) of the statutes is created to read:

SB1106,,22 15.07 (2) (n) In addition, the board of advisors shall hold a meeting to elect a chairperson whenever a majority of the members of the board of advisors call for such an election.

SB1106,10 Section 10. 15.07 (3) (bm) 7. of the statutes is created to read:

SB1106,,24 15.07 (3) (bm) 7. The board of advisors shall meet quarterly.

SB1106,11 Section 11. 15.07 (5) (g) of the statutes is created to read:

SB1106,,26 15.07 (5) (g) Members of the board of advisors appointed under s. 15.185 (3) (a) 2. to 13., an amount determined by the governing board of the Public Bank of Wisconsin.

SB1106,12 Section 12. 15.185 (3) of the statutes is created to read:

SB1106,,28 15.185 (3) Board of advisors. (a) There is created a board of advisors, attached to the department of financial institutions under s. 15.03. Subject to par. (c) 1., the board of advisors shall consist of the following members:

SB1106,,29 1. The lieutenant governor or the lieutenant governor’s designee.

SB1106,,30 2. One member appointed by the community development experts of the Federal Reserve Bank of Chicago.

SB1106,,31 3. One member nominated by state-chartered financial institutions, including credit unions, that receive more than 90 percent of their deposits from residents of this state or nominated by associations representing predominantly these financial institutions, appointed by the governor.

SB1106,,32 4. One member nominated by a minority-owned financial institution, appointed by the governor.

SB1106,,33 5. Two members, each nominated by separate community development authorities, redevelopment authorities, housing authorities, or community development corporations that focus primarily on supporting economic development in this state, including rural and economic cooperative models and worker-owned enterprises, appointed by the governor.

SB1106,,34 6. Two members, each nominated by separate nonprofit organizations that support underserved neighborhoods, appointed by the governor.

SB1106,,35 7. Two members, each nominated by separate associations representing the interests of small business entities, particularly businesses owned by cognizable groups currently receiving less credit than proportional to their size or serving in areas operating in underserved neighborhoods, appointed by the governor.

SB1106,,36 8. One member nominated by nonprofit organizations that support sustainable agriculture, appointed by the governor.

SB1106,,37 9. One member nominated by nonprofit organizations that support food security, appointed by the governor.

SB1106,,38 10. One member nominated by nonprofit organizations that support climate change amelioration and environmental finance, appointed by the governor.

SB1106,,39 11. One member nominated by nonprofit organizations that support environmental justice, appointed by the governor.

SB1106,,40 12. Two members, each nominated by separate municipalities or state-based associations or chapters of municipal planners or professionals, appointed by the governor.

SB1106,,41 13. Two members, each nominated by separate organizations in which employees or workers participate and which exist for the purpose, in whole or in part, of representing the interests of workers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, at least one organization of which represents the interests of low-income workers, appointed by the governor.

SB1106,,42 (b) The members under par. (a) 2. to 13. shall be appointed for a term of 4 years.

SB1106,,43 (c) 1. A nomination under par. (a) may not be made by an entity or organization unless the entity or organization has been in existence for at least 4 years.

SB1106,,44 2. All nominations under par. (a) shall be available to the public and posted on the Public Bank of Wisconsin’s website.

SB1106,,45 (d) An individual may not serve as a member of the board of advisors for more than 8 years.

SB1106,13 Section 13. 16.002 (2) of the statutes is amended to read:

SB1106,,47 16.002 (2) “Departments” means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279.

SB1106,14 Section 14. 16.004 (4) of the statutes is amended to read:

SB1106,,49 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, 239, and 279, and may examine their books and accounts and any other matter that in the secretary’s judgment should be examined and may interrogate the agency’s employees publicly or privately relative thereto.

SB1106,15 Section 15. 16.004 (5) of the statutes is amended to read:

SB1106,,51 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, 239, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB1106,16 Section 16. 16.004 (12) (a) of the statutes is amended to read:

SB1106,,53 16.004 (12) (a) In this subsection, “state agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, the Public Bank of Wisconsin, and the Fox River Navigational System Authority.

SB1106,17 Section 17. 16.045 (1) (a) of the statutes is amended to read:

SB1106,,55 16.045 (1) (a) “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.

SB1106,18 Section 18. 16.15 (1) (ab) of the statutes is amended to read:

SB1106,,57 16.15 (1) (ab) “Authority” has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Public Bank of Wisconsin, and the Wisconsin Economic Development Corporation.

SB1106,19 Section 19. 16.41 (4) of the statutes is amended to read:

SB1106,,59 16.41 (4) In this section, “authority” means a body created under subch. II of ch. 114 or under ch. 231, 233, 234, 237, 238, 239, or 279.

SB1106,20 Section 20. 16.417 (1) (b) of the statutes is amended to read:

SB1106,,61 16.417 (1) (b) “Authority” means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, 239, or 279.

SB1106,21 Section 21. 16.52 (7) of the statutes is amended to read:

SB1106,,63 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. 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, 233, 234, 237, 238, 239, or 279.

SB1106,22 Section 22. 16.528 (1) (a) of the statutes is amended to read:

SB1106,,65 16.528 (1) (a) “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, 233, 234, 237, 238, 239, or 279.

SB1106,23 Section 23. 16.53 (2) of the statutes is amended to read:

SB1106,,67 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. 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, 233, 234, 237, 238, 239, or 279.

SB1106,24 Section 24. 16.54 (9) (a) 1. of the statutes is amended to read:

SB1106,,69 16.54 (9) (a) 1. “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.

SB1106,25 Section 25. 16.765 (1) of the statutes is amended to read:

SB1106,,71 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,,73 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,,75 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,,77 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,,79 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,,81 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,,83 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,,85 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: