SB1106: Bill Text

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:

SB1106,,87 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). 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, 232, 233, 234, 237, 238, 239, or 279.

SB1106,34 Section 34. 19.42 (10) (t) of the statutes is created to read:

SB1106,,89 19.42 (10) (t) The chief executive officer and members of the governing board of the Public Bank of Wisconsin.

SB1106,35 Section 35. 19.42 (13) (s) of the statutes is created to read:

SB1106,,91 19.42 (13) (s) The chief executive officer and members of the governing board of the Public Bank of Wisconsin.

SB1106,36 Section 36. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

SB1106,37 Section 37. 20.195 of the statutes is created to read:

SB1106,,94 20.195 Public Bank of Wisconsin. There is appropriated to the Public Bank of Wisconsin for the following programs:

SB1106,,95 (1) Loan programs. (a) General program operations; initial funding. As a continuing appropriation, the amounts in the schedule for the initial costs of operating the Public Bank of Wisconsin and for initial funding for loans and other banking activities under ch. 239.

SB1106,38 Section 38. 20.907 (5) (e) 12r. of the statutes is amended to read:

SB1106,,97 20.907 (5) (e) 12r. Transfers from the income account of the state investment fund, to pay bank service costs under s. 34.045 (1) (bm).

SB1106,39 Section 39. 34.03 (2) of the statutes is amended to read:

SB1106,,99 34.03 (2) Require any public depository or the trustees of segregated trusts created by banks for the benefit of public depositors to furnish information upon request. Any Except as provided in s. 34.05 (5), any public depository which refuses or neglects to give any information so requested shall be excluded from the right to receive public deposits. Information obtained under this subsection may not be disclosed by the division of banking unless disclosed as provided in s. 220.06.

SB1106,40 Section 40. 34.045 of the statutes is repealed.

SB1106,41 Section 41. 34.05 (4) (intro.) of the statutes is amended to read:

SB1106,,102 34.05 (4) (intro.) Notwithstanding sub. (1), s. 66.0603 (1m) (a), or any other provision of law, the governing board of a public depositor, other than the state, may direct the treasurer of the governing board to deposit public moneys in a selected public depository and, directly or through an authorized agent, instruct the public depository to arrange for the redeposit of the moneys through a deposit placement program that meets all of the following conditions:

SB1106,42 Section 42. 34.05 (5) of the statutes is created to read:

SB1106,,104 34.05 (5) (a) Notwithstanding any other provision of this chapter, the Public Bank of Wisconsin shall be a public depository of the state and, no later than January 1, 2028, the Public Bank of Wisconsin shall be the state’s only public depository. Except as provided in pars. (b) and (c), to accomplish this transition, the state’s public moneys shall be deposited as follows:

SB1106,,105 1. By January 1, 2025, at least 30 percent of the state’s public deposits shall be with the Public Bank of Wisconsin.

SB1106,,106 2. By January 1, 2026, at least 50 percent of the state’s public deposits shall be with the Public Bank of Wisconsin.

SB1106,,107 3. By January 1, 2027, at least 80 percent of the state’s public deposits shall be with the Public Bank of Wisconsin.

SB1106,,108 4. By January 1, 2028, all of the state’s public deposits shall be with the Public Bank of Wisconsin.

SB1106,,109 (b) No later than November 1, 2024, the governing board of the Public Bank of Wisconsin shall review state accounts to determine whether any public moneys received by the state are unsuitable for deposit in the Public Bank of Wisconsin and shall submit to the governor, to the secretary of administration, and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report identifying any such public moneys. Upon approval of the secretary of administration, such public moneys may not be deposited in the Public Bank of Wisconsin.

SB1106,,110 (c) If the governing board of the Public Bank of Wisconsin, in consultation and agreement with the secretary of administration, determines that the Public Bank of Wisconsin does not have sufficient capacity to accept and manage the state’s public moneys, the deposit schedule under par. (a) shall be delayed and the governing board shall provide to the secretary of administration a plan and time frame to begin such deposits. Deposits may not be delayed under this paragraph beyond December 31, 2025.

SB1106,43 Section 43. 34.07 of the statutes is amended to read:

SB1106,,112 34.07 Security. A surety bond or other security, including an irrevocable letter of credit issued by a federal home loan bank, state bank, national bank, federal or state savings bank, federal or state credit union, or federal or state savings and loan association, may be required of or given by any public depository for any public deposits that exceed the amount of deposit insurance provided by an agency of the United States and the coverage provided under s. 34.08 (2). This section does not apply with respect to the Public Bank of Wisconsin.

SB1106,44 Section 44. 40.02 (54) (n) of the statutes is created to read:

SB1106,,114 40.02 (54) (n) The Public Bank of Wisconsin.

SB1106,45 Section 45. 70.11 (38v) of the statutes is created to read: