Amendment JR1 ASA1-SB6

SB6-ASA1,15,13 19.42 (13) (om) The members of the board of directors of the Wisconsin Economic Development Corporation employed in the private sector who are appointed by the speaker of the assembly and the senate majority leader.

SB6-ASA1, s. 38 Section 38. 19.42 (13) (p) of the statutes is created to read:

SB6-ASA1,15,16 19.42 (13) (p) The management staff of the Wisconsin Economic Development Corporation, as determined by the chief executive officer of the corporation.

SB6-ASA1, s. 39 Section 39. 19.45 (11) (e) of the statutes is created to read:

SB6-ASA1,15,20 19.45 (11) (e) The board of directors of the Wisconsin Economic Development Corporation shall prescribe and enforce a code of ethics for employees of the corporation who are not state public officials.

SB6-ASA1, s. 40 Section 40. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB6-ASA1, s. 41 Section 41. 20.192 of the statutes is created to read:

SB6-ASA1,16,4 20.192 Wisconsin Economic Development Corporation. There is appropriated to the Wisconsin Economic Development Corporation for the following program:

SB6-ASA1,16,8 (1) Promotion of economic development. (a) Operations and programs. As a continuing appropriation, the amounts in the schedule for the operations of the Wisconsin Economic Development Corporation and for funding economic development programs developed and implemented under s. 238.03.

SB6-ASA1,16,12 (k) Transferred general fund moneys from department of commerce. All moneys transferred under 2011 Wisconsin Act .... (this act), section 9155 (2), for the operations of the Wisconsin Economic Development Corporation and for funding economic development programs developed and implemented under s. 238.03.

SB6-ASA1,16,15 (m) Federal aid; programs. All moneys received from the federal government as authorized by the governor under s. 16.54, for the purposes of funding programs administered by the Wisconsin Economic Development Corporation.

SB6-ASA1, s. 42 Section 42. 40.02 (28) of the statutes is amended to read:

SB6-ASA1,17,11 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, the Wisconsin Economic Development Corporation created under ch. 238, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB6-ASA1, s. 43 Section 43. 40.02 (36) of the statutes is amended to read:

SB6-ASA1,17,23 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employees of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission , or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, for a local exposition district created under subch. II of ch. 229, for the Wisconsin Economic Development Corporation created under ch. 238, or for a long-term care district created under s. 46.2895, but does not include a local cultural arts district created under subch. V of ch. 229.

SB6-ASA1, s. 44 Section 44. 40.02 (54) (m) of the statutes is created to read:

SB6-ASA1,18,2 40.02 (54) (m) The Wisconsin Economic Development Corporation, but only if the corporation elects to become a participating employer under s. 40.21 (1).

SB6-ASA1, s. 45 Section 45. 70.11 (38r) of the statutes is created to read:

SB6-ASA1,18,7 70.11 (38r) Economic Development Corporation. All property owned by the Wisconsin Economic Development Corporation, provided that use of the property is primarily related to the purposes of the Wisconsin Economic Development Corporation.

SB6-ASA1, s. 46 Section 46. 71.26 (1) (be) of the statutes is amended to read:

SB6-ASA1,18,13 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

SB6-ASA1, s. 47 Section 47. 77.54 (9a) (a) of the statutes is amended to read:

SB6-ASA1,18,19 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB6-ASA1, s. 48 Section 48. 100.45 (1) (dm) of the statutes is amended to read:

SB6-ASA1,19,5 100.45 (1) (dm) "State agency" means any 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 which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

SB6-ASA1, s. 49 Section 49. 101.177 (1) (d) of the statutes is amended to read:

SB6-ASA1,19,17 101.177 (1) (d) "State agency" means any 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, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

SB6-ASA1, s. 50 Section 50. 230.03 (3) of the statutes is amended to read:

SB6-ASA1,20,3 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB6-ASA1, s. 51 Section 51. Chapter 238 of the statutes is created to read:

SB6-ASA1,20,5 Chapter 238

SB6-ASA1,20,7 Wisconsin economic development corporation

SB6-ASA1,20,8 238.01 Definitions. In this chapter, except as otherwise provided:

SB6-ASA1,20,9 (1) "Board" means the board of directors of the corporation.

SB6-ASA1,20,10 (2) "Corporation" means the Wisconsin Economic Development Corporation.

SB6-ASA1,20,13 (3) "Economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs.

SB6-ASA1,21,2 238.02 Creation and organization of corporation. (1) There is created an authority, which is a public body corporate and politic, to be known as the "Wisconsin Economic Development Corporation." The members of the board shall consist of the governor, who shall serve as chairperson of the board, and 6 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 3 members appointed by the speaker of the assembly, consisting of one majority and one minority party representative to the assembly, appointed as are the members of standing committees in the assembly, and one person employed in the private sector, to serve at the speaker's pleasure; and 3 members appointed by the senate majority leader, consisting of one majority and one minority party senator, appointed as are members of standing committees in the senate, and one person employed in the private sector, to serve at the majority leader's pleasure. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members.

SB6-ASA1,21,6 (2) A majority of the voting members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the voting members present.

SB6-ASA1,21,11 (3) A chief executive officer shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The board may delegate to the chief executive officer any powers and duties the board considers proper. The chief executive officer shall receive such compensation as may be determined by the board.

SB6-ASA1,21,17 238.03 Duties of board. (1) The board shall develop and implement economic programs to provide business support and expertise and financial assistance to companies that are investing and creating jobs in Wisconsin and to support new business start-ups and business expansion and growth in Wisconsin. The board may also develop and implement any other programs related to economic development in Wisconsin.

SB6-ASA1,21,19 (2) For each program developed and implemented by the board, the board shall do all of the following:

SB6-ASA1,21,21 (a) Establish clear and measurable goals for the program that are tied to statutory or programmatic policy objectives.

SB6-ASA1,21,23 (b) Establish at least one quantifiable benchmark for each program goal described in par. (a).

SB6-ASA1,22,2 (c) Require that each recipient of a grant or loan under the program submit a report to the corporation. Each contract with a recipient of a grant or loan under the program must specify the frequency and format of the report to be submitted to the corporation and the performance measures to be included in the report.

SB6-ASA1,22,5 (d) Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in pars. (a) and (b).

SB6-ASA1,22,7 (e) Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under par. (c).

SB6-ASA1,22,9 (3) The board shall require for each program developed and implemented by the board all of the following:

SB6-ASA1,22,16 (a) That each recipient of a grant or loan under the program of at least $100,000 submit to the corporation a verified statement describing the recipient's expenditure of the grant or loan funds, signed by both an independent certified public accountant and the director or principal officer of the recipient to attest to the accuracy of the verified statement. The board shall also require the recipient of such a grant or loan to make available for inspection the documents supporting the verified statement. The board must include the requirement in the contract with grant or loan recipients.

SB6-ASA1,22,20 (b) That the board, if a recipient of a grant or loan under the program submits false or misleading information to the corporation or fails to comply with the terms of a contract entered into with the corporation, without providing satisfactory explanation for the noncompliance, do all of the following:

SB6-ASA1,22,21 1. Recoup payments made to the recipient.

SB6-ASA1,22,22 2. Withhold future payments to be made to the recipient.

SB6-ASA1,22,23 3. Impose a financial penalty on the recipient.

SB6-ASA1,23,3 238.04 Powers of board. The board shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the board under this chapter, the board may specifically:

SB6-ASA1,23,5 (1) Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

SB6-ASA1,23,6 (2) Have a seal and alter the seal at pleasure.

SB6-ASA1,23,7 (3) Maintain an office.

SB6-ASA1,23,8 (4) Sue and be sued.

SB6-ASA1,23,10 (5) Accept gifts, grants, loans, or other contributions from private or public sources.

SB6-ASA1,23,12 (6) Establish the corporation's annual budget and monitor the fiscal management of the corporation.

SB6-ASA1,23,14 (7) Execute contracts and other instruments required for the operation of the corporation.

SB6-ASA1,23,16 (8) Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.

SB6-ASA1,23,17 (9) Issue notes, bonds, and any other obligations.

SB6-ASA1,23,18 (10) Make loans and provide grants.

SB6-ASA1,23,19 (11) Incur debt.

SB6-ASA1,23,20 (12) Procure liability insurance.

SB6-ASA1,23,22 (13) Elect to become a participating employer in the Wisconsin Retirement System under s. 40.21 (1).

SB6-ASA1,24,2 (14) Enter into a memorandum of understanding with the department of commerce to administer the tax benefit and tax credit and other economic development programs under ch. 560 and to assume the department's reporting requirements related to those programs.

SB6-ASA1,24,6 238.05 Department of commerce assistance and coordination. (1) If requested by the board, the department of commerce shall provide staff or other resources to assist the board in carrying out the purposes and provisions of this chapter.

SB6-ASA1,24,8 (2) To the greatest extent practicable, the department of commerce and the board shall seek to coordinate their economic development programs.

SB6-ASA1,24,12 238.06 Liability limited. Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within the scope of employment or agency, is liable for any debt, obligation, act, or omission of the corporation.

SB6-ASA1,24,17 238.07 Submission of annual reports to legislature. (1) Annually, by January 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the board intends to develop and implement during the current calendar year.

SB6-ASA1,24,22 (2) Annually, no later than October l, the board shall submit to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report for the previous fiscal year on each of the economic development programs of the corporation that contains all of the following:

SB6-ASA1,24,23 (a) A description of each program.

SB6-ASA1,24,24 (b) A comparison of expected and actual program outcomes.

SB6-ASA1,24,25 (c) The number of grants made under the program.

SB6-ASA1,25,1 (d) The number of loans made under the program.

SB6-ASA1,25,2 (e) The amount of each grant and loan made under the program.

SB6-ASA1,25,3 (f) The recipient of each grant or loan made under the program.

SB6-ASA1,25,5 (g) The sum total of all grants and loans awarded to and received by each recipient under the program.

SB6-ASA1,25,6 (h) Any recommended changes to the program.

SB6-ASA1,25,8 (3) The board shall make readily accessible to the public on an Internet-based system the information required under sub. (2).

SB6-ASA1,25,17 238.10 Excess reserves. In any fiscal year, if the reserves in the accounts of the corporation are greater than 125 percent of the moneys appropriated to the corporation under s. 20.192 in that fiscal year, the board shall submit a report to the joint committee on finance specifying the amount of the reserves and the reasons for why the reserves exceed 125 percent of the moneys appropriated to the corporation under s. 20.192 in that fiscal year. If the joint committee on finance determines that the reasons are not sufficient to justify the amount of the reserves, the joint committee on finance may require the board to pay any excess reserves to the general fund.

SB6-ASA1, s. 52 Section 52. 281.75 (4) (b) 3. of the statutes is amended to read:

SB6-ASA1,25,20 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, or 237, or 238.

SB6-ASA1, s. 53 Section 53. 285.59 (1) (b) of the statutes is amended to read:

SB6-ASA1,26,6 285.59 (1) (b) "State agency" means any 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 which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority.

SB6-ASA1, s. 9155 Section 9155. Nonstatutory provisions; Other.

SB6-ASA1,26,13 (1) Abolition of department of commerce positions. Notwithstanding section 16.505 (1) of the statutes, before July 1, 2011, the secretary of administration may abolish any full-time equivalent position or portion thereof that is funded from the general fund from revenues appropriated under section 20.143 of the statutes and that is assigned duties relating to economic development programs of the department of commerce.

SB6-ASA1,26,23 (2) Transfer of moneys from the department of commerce to the Wisconsin Economic Development Corporation. Before July 1, 2011, or the effective date of the 2011-2013 biennial budget act, whichever is later, the secretary of administration may transfer moneys from any general fund appropriation under section 20.143 (1) or (4) of the statutes that are used to fund economic development programs of the department of commerce to the appropriation under section 20.192 (1) (k) of the statutes, as created by this act. The secretary may not transfer any moneys under this subsection if the transfer of those moneys would violate a condition imposed by the federal government on the expenditure of the moneys or if the transfer would violate the federal or state constitution.