Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,109,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under s. ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

AB68-ASA2-AA6,364e Section 364e. 196.504 (2) (b) of the statutes is amended to read:

AB68-ASA2-AA6,109,19 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

AB68-ASA2-AA6,364f Section 364f. 196.504 (2) (c) of the statutes is amended to read:

AB68-ASA2-AA6,110,13 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section subsection, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB68-ASA2-AA6,364g Section 364g. 196.504 (2g) of the statutes is created to read:

AB68-ASA2-AA6,110,16 196.504 (2g) The commission shall administer the broadband connector program and shall have the following powers:

AB68-ASA2-AA6,110,24 (a) To make broadband planning grants to political subdivisions, school districts, tribal governments, regional planning commissions, nonprofit organizations, and local economic development organizations for broadband planning, feasibility engineering related to broadband infrastructure construction, broadband adoption planning, and digital inclusion activities. The amount of a broadband planning grant under this subsection may not exceed $50,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (a).

AB68-ASA2-AA6,111,2 (b) To provide training, technical assistance, and information on broadband infrastructure construction, broadband adoption, and digital inclusion.

AB68-ASA2-AA6,364h Section 364h. 196.504 (2r) of the statutes is created to read:

AB68-ASA2-AA6,111,5 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB68-ASA2-AA6,111,11 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriations under s. 20.155 (3) (a).

AB68-ASA2-AA6,111,14 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

AB68-ASA2-AA6,364i Section 364i. 196.504 (3) (d) of the statutes is created to read:

AB68-ASA2-AA6,111,20 196.504 (3) (d) Require each Internet service provider to disclose to the commission by April 1 of each year the properties it serves, the average minimum download and upload speeds at which it provides residential and business Internet service to those properties, and a description of its existing service area in a format determined by the commission.”.

AB68-ASA2-AA6,111,21 76. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,111,22 “ Section 364j. 227.01 (13) (t) of the statutes is created to read:

AB68-ASA2-AA6,112,2 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB68-ASA2-AA6,364k Section 364k. 229.682 (2) of the statutes is created to read:

AB68-ASA2-AA6,112,5 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB68-ASA2-AA6,364L Section 364L. 229.8275 of the statutes is created to read:

AB68-ASA2-AA6,112,12 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees to all of the following:

AB68-ASA2-AA6,112,18 (1) Not to allow any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or allowed to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or allowed to work more than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).

AB68-ASA2-AA6,112,24 (2) To require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to keep and allow inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and allow inspection of records under s. 66.0903 (10).

AB68-ASA2-AA6,113,8 (3) To comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.”.

AB68-ASA2-AA6,113,9 77. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,113,10 “ Section 364m. 230.10 (2) of the statutes is amended to read:

AB68-ASA2-AA6,114,2 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or (ag) or certified to represent employees specified in s. 111.81 (7) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.”.

AB68-ASA2-AA6,114,3 78. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,114,4 “ Section 364o. 238.137 of the statutes is created to read:

AB68-ASA2-AA6,114,10 238.137 Small business pandemic recovery program. The corporation shall aid in the state's economic recovery from the COVID-19 global pandemic by providing financial assistance to small businesses adversely affected by the pandemic, including for the retention of current employees and the rehiring of former employees. The corporation shall, as necessary, coordinate with the department of revenue in the administration of the program under this section.”.

AB68-ASA2-AA6,114,11 79. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,114,12 “ Section 364p. 238.139 of the statutes is created to read:

AB68-ASA2-AA6,114,16 238.139 Financial assistance for underserved communities. The corporation shall expend $5,000,000 annually to provide grants, loans, and other assistance to underserved communities in this state, including members of minority groups, woman-owned businesses, and individuals and businesses in rural areas.”.

AB68-ASA2-AA6,114,17 80. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,114,18 “ Section 364q. 238.145 of the statutes is created to read:

AB68-ASA2-AA6,114,20 238.145 Venture capital fund of funds program. (1) Definitions. In this section:

AB68-ASA2-AA6,114,22 (a) “Investment manager” means the person with whom the oversight board enters into a contract under sub. (4).

AB68-ASA2-AA6,114,23 (b) “Oversight board” means the oversight board created under sub. (2) (c).

AB68-ASA2-AA6,115,4 (2) Establishment of program. The corporation shall establish and administer a fund of funds program to invest moneys in venture capital funds that invest in businesses located in this state, subject to the requirements of this section. In establishing the program, the corporation shall do all of the following:

AB68-ASA2-AA6,115,5 (a) Create a fund of funds.

AB68-ASA2-AA6,115,6 (b) Provide that the fund of funds will continuously reinvest its assets.

AB68-ASA2-AA6,115,8 (c) Create an oversight board to conduct any activity as required by this section or as directed by the corporation.

AB68-ASA2-AA6,115,14 (3) Investments in venture capital funds. (a) The investment manager shall request from the corporation monies to make investments through the program established under sub. (2) and to pay the investment manager's management fee, and the corporation shall, subject to the approval of the secretary of the department of administration, pay the monies to the investment manager from the appropriation under s. 20.192 (1) (c).

AB68-ASA2-AA6,115,16 (b) The oversight board shall establish investment policies for the program established under sub. (2), subject to all of the following conditions:

AB68-ASA2-AA6,115,20 1. All moneys paid to the investment manager under par. (a) to make investments shall be committed for investment to venture capital funds, subject to the requirements of this section, no later than 60 months after the creation of the fund of funds under sub. (2) (a).

AB68-ASA2-AA6,115,23 2. No more than $25,000,000 of the total moneys paid to the investment manager under par. (a) to make investments may be invested in any single venture capital fund.

AB68-ASA2-AA6,115,25 3. At least 20 percent of the investments made through the program shall be directed to any combination of the following:

AB68-ASA2-AA6,116,2 a. Businesses located in parts of this state that typically do not receive significant investment from venture capital funds.

AB68-ASA2-AA6,116,5 b. Businesses that are at least 51 percent owned by one or more members of a racial minority group and the management and daily business operations of which are controlled by one or more members of a racial minority group.

AB68-ASA2-AA6,116,8 c. Businesses that are at least 51 percent owned by one or more women and the management and daily business operations of which are controlled by one or more women.

AB68-ASA2-AA6,116,9 (c) No investment may be made through the program in a lobbying or law firm.

AB68-ASA2-AA6,116,14 (4) Investment manager. The oversight board shall contract with an investment manager who meets the qualifications established by the corporation. The contract shall establish the investment manager's compensation, including any management fee. A management fee may not annually exceed 1 percent of the total assets under management in the program established under sub. (2).

AB68-ASA2-AA6,116,18 (5) Venture capital fund requirements. The investment manager shall contract with each venture capital fund that receives moneys through the program established under sub. (2). Each contract shall require the venture capital fund to do all of the following:

AB68-ASA2-AA6,116,21 (a) Make new investments in an amount equal to the amount of moneys it receives through the program in one or more businesses who are headquartered in this state and whose operations are primarily in this state.

AB68-ASA2-AA6,117,3 (b) At least match any moneys it receives through the program and invests in a business described in par. (a) with an investment in that business of moneys the venture capital fund has raised from sources other than the program. The investment manager shall ensure that, on average, for every $1 a venture capital fund receives through the program and invests in a business described in par. (a), the venture capital fund invests $2 in that business from sources other than the program.

AB68-ASA2-AA6,117,5 (c) Provide to the investment manager the information necessary for the investment manager to complete the reports under sub. (6) (a) and (c).

AB68-ASA2-AA6,117,9 (6) Reports of the investment manager; public disclosures. (a) Annually, no later than 120 days after the end of the investment manager's fiscal year, the investment manager shall submit to the corporation a report for that fiscal year that includes all of the following:

AB68-ASA2-AA6,117,11 1. An audit of the investment manager's financial statements performed by an independent certified public accountant.

AB68-ASA2-AA6,117,13 2. The investment manager's internal rate of return from investments made through the program established under sub. (2).

AB68-ASA2-AA6,117,15 3. For each venture capital fund that contracts with the investment manager under sub. (5), all of the following:

AB68-ASA2-AA6,117,16 a. The name and address of the venture capital fund.

AB68-ASA2-AA6,117,18 b. The amounts invested in the venture capital fund through the program established under sub. (2).

AB68-ASA2-AA6,117,20 c. An accounting of any fee the venture capital fund paid to itself or any principal or manager of the venture capital fund.

AB68-ASA2-AA6,117,22 d. The venture capital fund's average internal rate of return on its investments of the moneys it received through the program established under sub. (2).

AB68-ASA2-AA6,117,24 4. For each business in which a venture capital fund held an investment of moneys received through the program established under sub. (2), all of the following:

AB68-ASA2-AA6,117,25 a. The name and address of the business.

AB68-ASA2-AA6,118,1 b. A description of the nature of the business.

AB68-ASA2-AA6,118,2 c. The identification of the venture capital fund.

AB68-ASA2-AA6,118,4 d. The amount of the investment and the amount invested by the venture capital fund from funding sources other than the program.

AB68-ASA2-AA6,118,6 e. The internal rate of return realized by the venture capital fund upon the venture capital fund's exit from the investment in the business.

AB68-ASA2-AA6,118,10 f. A statement of the number of employees the business employed when the venture capital fund first invested moneys received through the program and the number of employees the business employed on the first day and last day of the investment manager's fiscal year.

AB68-ASA2-AA6,118,13 (b) No later than 10 days after it receives the investment manager's report under par. (a), the corporation shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).

AB68-ASA2-AA6,118,15 (c) Quarterly, the investment manager shall submit to the oversight board a report for the preceding quarter that includes all of the following:

AB68-ASA2-AA6,118,17 1. An identification of each venture capital fund under contract with the investment manager under sub. (5).

AB68-ASA2-AA6,118,20 2. An identification of each business in which a venture capital fund held an investment of moneys received through the program established under sub. (2) and a statement of the amount of the investment in each business.

AB68-ASA2-AA6,118,24 3. A statement of the number of employees the business employed when the venture capital fund first invested moneys received through the program established under sub. (2) and the number of employees the business employed on the last day of the quarter.

AB68-ASA2-AA6,119,2 (d) The oversight board shall make the reports under par. (c) readily accessible to the public on the corporation's Internet site.

AB68-ASA2-AA6,119,4 (7) Policies and procedures. The corporation shall establish policies and procedures to administer this section.”.

AB68-ASA2-AA6,119,5 81. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,119,6 “ Section 364r. 238.29 of the statutes is created to read:

AB68-ASA2-AA6,119,9 238.29 Tribal economic development. The corporation shall establish and administer economic development programs to promote small business economic development benefitting American Indian tribes or bands in this state.”.

AB68-ASA2-AA6,119,10 82. Page 355, line 11: after that line insert:

AB68-ASA2-AA6,119,11 “ Section 416h. 946.15 of the statutes is created to read:

AB68-ASA2-AA6,120,2 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any individual who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that individual is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB68-ASA2-AA6,120,15 (2) Any individual employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB68-ASA2-AA6,120,24 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any individual who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the individual's pay is guilty of a Class I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68-ASA2-AA6,121,8 (4) Any individual employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.”.

AB68-ASA2-AA6,121,9 83. Page 355, line 11: after that line insert: