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AB1117,21,1
11. Four persons representing eligible businesses.
AB1117,21,22 2. One commercial lender.
AB1117,21,33 3. The secretary of natural resources or his or her designee.
AB1117,21,54 4. The secretary of agriculture, trade and consumer protection or his or her
5designee.
AB1117,21,76 5. The chief executive officer of the Wisconsin Economic Development
7Corporation or his or her designee.
AB1117,21,88 6. The chairperson of the public service commission or his or her designee.
AB1117,21,109 7. The dean of the College of Agricultural and Life Sciences of the University
10of Wisconsin-Madison or his or her designee.
AB1117,21,1211 8. The director of the Wisconsin Alumni Research Foundation or his or her
12designee.
AB1117,21,1713 (b) The members under par. (a) 1. and 2. shall be nominated by the governor,
14and with the advice and consent of the senate appointed, for 4-year terms. Except
15for the initial members under par. (a) 1. and 2., before nominating the members
16under par. (a) 1. and 2., the governor shall obtain and consider the board's
17recommendations for nominees.
AB1117,21,1818 (c) Members of the board shall be residents of this state.
AB1117,21,2019 (d) The terms of the members appointed under par. (a) 1. and 2. expire on July
201. Each member's appointment remains in effect until a successor is appointed.
AB1117,22,10 21(2) The board shall appoint an executive director who may not be a member of
22the board and who shall serve at the pleasure of the board. The board shall determine
23the compensation of the executive director, except that the compensation of the
24executive director may not exceed the maximum of the salary range established
25under s. 20.923 (1) for positions assigned to executive salary group 4, and the

1compensation of each other employee of the authority may not exceed the maximum
2of the salary range established under s. 20.923 (1) for positions assigned to executive
3salary group 3. The executive director or another person designated by resolution
4of the board shall keep a record of the proceedings of the authority and shall be
5custodian of all books, documents, and papers filed with the authority, the minute
6book or journal of the authority, and its official seal. The executive director, or other
7person, may cause copies to be made of all minutes and other records and documents
8of the authority and may give certificates under the official seal of the authority to
9the effect that the copies are true copies, and all persons dealing with the authority
10may rely upon the certificates.
AB1117,22,18 11(3) Six members of the board constitute a quorum. The affirmative vote of a
12majority of all of the members of the board is necessary for any action taken by the
13authority. A vacancy in the membership of the board does not impair the right of a
14quorum to exercise all of the rights and perform all of the duties of the authority. All
15meetings of the board are subject to subch. V of ch. 19. Resolutions of the authority
16need not be published or posted. The board may delegate by resolution to one or more
17of its members or the executive director the powers and duties that it considers
18proper.
AB1117,22,22 19(4) The members of the board shall receive no compensation for the
20performance of their duties as members, but each member shall be reimbursed for
21the member's actual and necessary expenses while engaged in the performance of the
22member's duties.
AB1117,23,2 23(5) No cause of action of any nature may arise against and no civil liability may
24be imposed upon a member of the board for any act or omission in the performance

1of his or her powers and duties under this chapter, unless the person asserting
2liability proves that the act or omission constitutes willful misconduct.
AB1117,23,5 3235.03 Powers of authority. The authority has all of the powers necessary
4or convenient to carry out the purposes and provisions of this chapter. In addition
5to all other powers granted by this chapter, the authority may do any of the following:
AB1117,23,7 6(1) Adopt bylaws, policies, and procedures for the regulation of its affairs and
7the conduct of its business.
AB1117,23,8 8(2) Sue and be sued.
AB1117,23,10 9(3) Hire employees, define their duties, and fix their rate of compensation,
10subject to s. 235.02 (2).
AB1117,23,12 11(4) Have a seal and alter the seal at pleasure, have perpetual existence, and
12maintain an office.
AB1117,23,16 13(5) Appoint any technical or professional advisory committee that the
14authority finds necessary to assist the authority in exercising its duties and powers,
15define the duties of any committee, and provide reimbursement for the expenses of
16any committee.
AB1117,23,18 17(6) Enter into contracts with 3rd parties as are necessary for the conduct of its
18business.
AB1117,23,19 19(7) Accept gifts, grants, and other funding for the conduct of its business.
AB1117,23,20 20(8) Charge fees for services that the authority provides.
AB1117,23,22 21(9) Procure insurance against any loss in connection with its assets and procure
22insurance on its debt obligations.
AB1117,24,7 23235.04 Political activities. (1) No employee of the authority may directly or
24indirectly solicit or receive subscriptions or contributions for any partisan political
25party or any political purpose while engaged in his or her official duties as an

1employee. No employee of the authority may engage in any form of political activity
2calculated to favor or improve the chances of any political party or any person seeking
3or attempting to hold partisan political office while engaged in his or her official
4duties as an employee or engage in any political activity while not engaged in his or
5her official duties as an employee to such an extent that the person's efficiency during
6working hours will be impaired or that he or she will be tardy or absent from work.
7Any violation of this subsection is adequate grounds for dismissal.
AB1117,24,11 8(2) If an employee of the authority declares an intention to run for partisan
9political office, the employee shall be placed on a leave of absence for the duration
10of the election campaign and if elected shall no longer be employed by the authority
11on assuming the duties and responsibilities of such office.
AB1117,24,13 12(3) An employee of the authority may be granted, by the executive director, a
13leave of absence to participate in partisan political campaigning.
AB1117,24,16 14(4) Persons on leaves of absence under sub. (2) or (3) are not subject to the
15restrictions of sub. (1), except as they apply to the solicitation of assistance,
16subscription, or support from any other employee in the authority.
AB1117,24,20 17235.05 Cooperation. To enhance the efficiency and effectiveness of the
18authority, the authority shall use staff and other resources of state agencies,
19including the University of Wisconsin System, and state agencies shall, to the extent
20possible given their staff and other resources, provide assistance to the authority.
AB1117,24,23 21235.06 Issuance of bonds. (1) The authority may issue bonds for any
22corporate purpose. All bonds are negotiable for all purposes, notwithstanding their
23payment from a limited source.
AB1117,24,25 24(2) The bonds of each issue shall be payable from sources specified in the bond
25resolution under which the bonds are issued.
AB1117,25,12
1(3) The authority may not issue bonds unless the issuance is first authorized
2by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding
330 years from their dates of issue, bear interest at the rates, be payable at the times,
4be in the denominations, be in the form, carry the registration and conversion
5privileges, be executed in the manner, be payable in lawful money of the United
6States at the places, and be subject to the terms of redemption, that the bond
7resolution provides. The bonds shall be executed by the manual or facsimile
8signatures of the officers of the authority designated by the board. The bonds may
9be sold at public or private sale at the price, in the manner, and at the time
10determined by the board. Pending preparation of definitive bonds, the authority may
11issue interim receipts or certificates that the authority shall exchange for the
12definitive bonds.
AB1117,25,15 13(4) Any bond resolution may contain provisions that shall be a part of the
14contract with the holders of the bonds that are authorized by the bond resolution,
15regarding any of the following:
AB1117,25,1616 (a) Pledging or assigning specified assets or revenues of the authority.
AB1117,25,1817 (b) Setting aside reserves or sinking funds, and the regulation, investment, and
18disposition of these funds.
AB1117,25,2019 (c) Limitations on the purpose to which or the investments in which the
20proceeds of the sale of any issue of bonds may be applied.
AB1117,25,2421 (d) Limitations on the issuance of additional bonds, the terms upon which
22additional bonds may be issued and secured, and the terms upon which additional
23bonds may rank on a parity with, or be subordinate or superior to, the bonds
24authorized by the bond resolution.
AB1117,25,2525 (e) Funding, refunding, advance refunding, or purchasing outstanding bonds.
AB1117,26,3
1(f) Procedures by which the terms of any contract with bondholders may be
2amended, the amount of bonds the holders of which must consent to the amendment,
3and the manner in which this consent may be given.
AB1117,26,64 (g) Defining the acts or omissions to act that constitute a default in the duties
5of the authority to the bondholders, and providing the rights and remedies of the
6bondholders in the event of a default.
AB1117,26,77 (h) Other matters relating to the bonds that the board considers desirable.
AB1117,26,11 8(5) Neither the members of the board nor any person executing the bonds is
9liable personally on the bonds or subject to any personal liability or accountability
10by reason of the issuance of the bonds, unless the personal liability or accountability
11is the result of willful misconduct.
AB1117,26,20 12235.07 Bond security. The authority may secure any bonds issued under this
13chapter by a trust agreement, trust indenture, indenture of mortgage, or deed of
14trust by and between the authority and one or more corporate trustees. The bond
15resolution providing for the issuance of bonds so secured shall pledge some or all of
16the revenues to be received by the authority and may contain provisions for
17protecting and enforcing the rights and remedies of the bondholders that are
18reasonable and proper and not in violation of law. A bond resolution may contain any
19other provisions that are determined by the board to be reasonable and proper for
20the security of the bondholders.
AB1117,27,2 21235.08 Bonds not public debt. (1) The state is not liable on bonds of the
22authority, and the bonds are not a debt of the state. Each bond of the authority shall
23contain a statement to this effect on the face of the bond. The issuance of bonds under
24this chapter does not, directly, indirectly, or contingently, obligate the state or any
25political subdivision of the state to levy any tax or to make any appropriation for

1payment of the bonds. Nothing in this section prevents the authority from pledging
2its full faith and credit to the payment of bonds issued under this chapter.
AB1117,27,12 3(2) Nothing in this chapter authorizes the authority to create a debt of the state,
4and all bonds issued by the authority under this chapter are payable, and shall state
5that they are payable, solely from the funds pledged for their payment in accordance
6with the bond resolution authorizing their issuance or in any trust indenture or deed
7of trust executed as security for the bonds. The state is not liable for the payment
8of the principal of or interest on any bonds of the authority or for the performance
9of any pledge, mortgage, obligation, or agreement which may be undertaken by the
10authority. The breach of any pledge, mortgage, obligation, or agreement undertaken
11by the authority does not impose any pecuniary liability upon the state or any charge
12upon its general credit or against its taxing power.
AB1117,27,19 13235.09 State pledge. The state pledges to and agrees with the holders of
14bonds, and persons that enter into contracts with the authority under this chapter,
15that the state will not limit or alter the rights vested in the authority by this chapter
16before the authority has fully met and discharged the bonds, and any interest due
17on the bonds, and has fully performed its contracts, unless adequate provision is
18made by law for the protection of the bondholders or those entering into contracts
19with the authority.
AB1117,27,23 20235.10 Refunding bonds. (1) The authority may issue bonds to fund or
21refund any outstanding bond, including the payment of any redemption premium on
22the outstanding bond and any interest accrued or to accrue to the earliest or any
23subsequent date of redemption, purchase, or maturity.
AB1117,28,3 24(2) The authority may apply the proceeds of any bond issued to fund or refund
25any outstanding bond to purchase, retire at maturity, or redeem any outstanding

1bond. The authority may, pending application, place the proceeds in escrow to be
2applied to the purchase, retirement at maturity, or redemption of any outstanding
3bond at any time.
AB1117,28,6 4235.11 Limit on amount of outstanding bonds. The authority may not
5have outstanding at any one time bonds in an aggregate principal amount exceeding
6$500,000,000, excluding bonds issued to refund outstanding bonds.
AB1117,28,17 7235.12 Annual reports. (1) The authority shall keep an accurate account of
8all of its activities and of all of its receipts and expenditures and shall annually in
9January make a report of its activities, receipts, and expenditures to the governor
10and the chief clerk of each house of the legislature for distribution to the legislature
11under s. 13.172 (2). The reports shall estimate the number of jobs created or
12maintained as a result of the authority's activities as well as the fiscal impacts and
13savings resulting from those activities. The reporting of receipts and expenditures
14shall be in a form approved by the state auditor. The state auditor may investigate
15the affairs of the authority, may examine the properties and records of the authority,
16and may prescribe methods of accounting and the rendering of periodical reports in
17relation to activities undertaken by the authority.
AB1117,28,23 18(2) Annually on July 1, the authority shall file with the department of
19administration and the joint legislative council a complete and current listing of all
20forms, reports, and papers required by the authority to be completed by any person,
21other than a governmental body, as a condition of obtaining the approval of the
22authority or for any other reason. The authority shall attach a blank copy of each
23such form, report, or paper to the listing.
AB1117,29,2 24235.13 Confidentiality of certain records. The authority shall maintain
25the confidentiality of records or portions of records consisting of personal or financial

1information provided by a person seeking a loan, loan guarantee, or other financial
2assistance from the authority.
AB1117,29,4 3235.14 Participation in loans. (1) Definition. In this section, “eligible
4borrower" means a person to which all of the following apply:
AB1117,29,65 (a) The person is an individual who resides in this state or a partnership or
6corporation that operates in this state.
AB1117,29,77 (b) The person demonstrates a need for a loan for one of the following:
AB1117,29,88 1. The capital, operating expenses, or both of an eligible business.
AB1117,29,99 2. Any expenses of an eligible project.
AB1117,29,1010 (c) The person demonstrates an ability to repay the loan described in par. (b).
AB1117,29,1811 (d) If the person is an individual, the individual's name does not appear, and
12if the person is a corporation, no shareholder's name appears, and, if the person is
13a partnership, no partner's name appears on the statewide support lien docket under
14s. 49.854 (2) (b) or, if the name of the individual, a shareholder, or a partner appears
15on that docket, the individual, shareholder, or partner provides to the authority a
16payment agreement that has been approved by the county child support agency
17under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2)
18(a).
AB1117,29,1919 (e) The person satisfies any other requirements prescribed by the authority.
AB1117,30,2 20(2) Participation agreement with lender. A lender seeking to make a loan in
21which the authority may participate under this section shall apply to the authority
22for approval. If the lender is approved, the lender and the authority shall enter into
23a participation agreement that shall provide for the contractual obligations of the
24lender and the authority with respect to any loan transaction in which the authority

1participates, the terms and conditions of loans in which the authority participates,
2and other matters related to the lender's involvement in loans under this section.
AB1117,30,8 3(3) Participation in loans. (a) In general. The authority may participate, to
4the extent provided in this subsection, in a loan to an eligible borrower made by a
5lender with whom the authority enters into a participation agreement under sub. (2).
6The authority may impose repayment or other terms for its portion of the loan that
7are different from the lender's loan terms. The authority shall ensure that it obtains
8a security interest for the loan.
AB1117,30,109 (b) Loans. The authority may participate in a loan under par. (a) if all of the
10following apply:
AB1117,30,1211 1. The collateral for the loan includes physical plant, equipment, machinery,
12or other assets.
AB1117,30,1413 2. The loan does not exceed 80 percent of the appraised value of the collateral
14for the loan.
AB1117,30,1615 3. The term of the loan does not exceed 10 years or, for the acquisition of land
16or facilities, does not exceed 20 years.
AB1117,30,1817 (c) Maximum amount. The authority may not finance more than 50 percent or
18$25,000,000, whichever is less, of the principal of any loan under par. (a).
AB1117,30,20 19(4) Fees. The authority shall charge a fee for assistance provided under this
20section to cover the costs of administering this section, including legal fees.
AB1117,30,23 21(5) Guidelines and procedures. The authority shall adopt guidelines and
22establish procedures for administering this section, including guidelines or
23procedures related to all of the following:
AB1117,30,2524 (a) Application procedures for eligible borrowers and for lenders seeking to
25make loans in which the authority participates under this section.
AB1117,31,2
1(b) Approval requirements for lenders and additional eligibility requirements
2for eligible borrowers.
AB1117,31,33 (c) The terms of participation agreements under sub. (2).
AB1117,31,44 (d) Repayment and security interest requirements.
AB1117,31,55 (e) Procedural requirements for the authority's participation in loans.
AB1117,31,66 (f) Auditing, inspection, and reporting requirements.
AB1117,31,77 (g) Any other relevant matters.
AB1117,31,8 8235.15 Loan guarantees. (1) Definitions. In this section:
AB1117,31,109 (a) “Guaranteed loan" means a loan that is guaranteed by the authority under
10this section.
AB1117,31,1211 (b) “Participating lender" means a lender that has entered into a guarantee
12agreement with the authority under s. 235.16 (2) (a).
AB1117,31,16 13(2) Eligible loans. If the authority establishes a loan guarantee program
14under s. 235.16 (2) (a) with a participating lender, the authority may guarantee
15collection from the Wisconsin clean and renewable energy reserve fund for a loan to
16a borrower under the program if all of the following apply:
AB1117,31,1717 (a) The loan is for financing one of the following:
AB1117,31,1818 1. The capital, operating expenses, or both of an eligible business.
AB1117,31,1919 2. Any expenses of an eligible project.
AB1117,31,2220 (b) The total outstanding principal amounts of all loans to the borrower that
21are guaranteed under this section do not exceed an amount set annually by the
22authority that may not exceed $25,000,000.
AB1117,31,2523 (c) The rate of interest on the loan, including any origination fees or other
24charges relating to the loan, does not exceed a rate determined by the authority after
25considering the conditions of the financial market.
AB1117,32,2
1(d) The participating lender obtains a security interest in physical plant,
2equipment, machinery, or other assets.
AB1117,32,53 (e) Unless waived by the authority, the borrower procures a business insurance
4policy that is approved by the authority and the proceeds of that policy are payable
5to the participating lender.
AB1117,32,96 (f) Unless extended by the authority, the loan term does not extend beyond 10
7years after the date that the participating lender disburses the loan or, if the loan is
8for the acquisition of land or facilities, the loan term does not extend beyond 20 years
9after the date that the participating lender disburses the loan.
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