Amendment SSA1-SB205

SB205-SSA1,6,24 16.545 (9) To initiate contacts with the federal government for the purpose of facilitating participation by agencies, as defined in s. 16.70 (1e) 16.97 (1m), in federal aid programs, to assist those agencies in applying for such aid, and to facilitate influencing the federal government to make policy changes that will be beneficial to this state. The department may assess an agency to which it provides services under this subsection a fee for the expenses incurred by the department in providing those services.

SB205-SSA1,11 Section 11. 16.70 (1e) of the statutes is amended to read:

SB205-SSA1,7,5 16.70 (1e) "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, which is entitled to expend moneys appropriated by law, including the Wisconsin Economic Development Corporation, the legislature, and the courts, but not including an authority.

SB205-SSA1,12 Section 12. 16.765 (1) of the statutes is amended to read:

SB205-SSA1,7,17 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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.

SB205-SSA1,13 Section 13. 16.765 (2) of the statutes is amended to read:

SB205-SSA1,8,11 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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".

SB205-SSA1,14 Section 14. 16.765 (5) of the statutes is amended to read:

SB205-SSA1,9,4 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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.

SB205-SSA1,15 Section 15. 16.765 (6) of the statutes is amended to read:

SB205-SSA1,9,14 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB205-SSA1,16 Section 16. 16.765 (7) (intro.) of the statutes is amended to read:

SB205-SSA1,9,24 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

SB205-SSA1,17 Section 17. 16.765 (7) (d) of the statutes is amended to read:

SB205-SSA1,10,10 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

SB205-SSA1,18 Section 18. 16.765 (8) of the statutes is amended to read:

SB205-SSA1,11,4 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, 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.

SB205-SSA1,19 Section 19. 16.84 (14) of the statutes is amended to read:

SB205-SSA1,11,9 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1e) 16.97 (1m). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kb).

SB205-SSA1,20 Section 20. 16.847 (2) (a) of the statutes is amended to read:

SB205-SSA1,11,15 16.847 (2) (a) The department may provide funding to agencies, as defined in s. 16.70 (1e) 16.97 (1m), for energy conservation construction projects at state facilities under the jurisdiction of the agencies to enhance the energy efficiency of the facilities. The department shall prescribe standards for evaluation of proposed projects and allocation of available moneys for those projects under this subsection.

SB205-SSA1,21 Section 21. 16.855 (16) (b) 1. of the statutes is amended to read:

SB205-SSA1,11,18 16.855 (16) (b) 1. In this paragraph, "agency" has the meaning given in s. 16.70 (1e) 16.97 (1m).

SB205-SSA1,22 Section 22. 16.891 (1) (a) of the statutes is amended to read:

SB205-SSA1,11,20 16.891 (1) (a) "Agency" has the meaning given in s. 16.70 (1e) 16.97 (1m).

SB205-SSA1,23 Section 23. 16.967 (1) (a) of the statutes is amended to read:

SB205-SSA1,11,22 16.967 (1) (a) "Agency" has the meaning given in s. 16.70 (1e) 16.97 (1m).

SB205-SSA1,24 Section 24. 16.97 (1m) of the statutes is amended to read:

SB205-SSA1,12,3 16.97 (1m) "Agency" has the meaning given in s. 16.70 (1e) 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, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

SB205-SSA1,25 Section 25. 19.42 (10) (sm) of the statutes is amended to read:

SB205-SSA1,12,8 19.42 (10) (sm) The non-clerical employees of the Wisconsin Economic Development Corporation and 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.

SB205-SSA1,26 Section 26. 19.42 (13) (om) of the statutes is amended to read:

SB205-SSA1,12,13 19.42 (13) (om) The non-clerical employees of the Wisconsin Economic Development Corporation and 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.

SB205-SSA1,27 Section 27. 20.505 (5) (ke) of the statutes is amended to read:

SB205-SSA1,12,20 20.505 (5) (ke) Additional energy conservation construction projects. All moneys received by the department from agencies, as defined in s. 16.70 (1e) 16.97 (1m), in payment of assessments under s. 16.847 (3) for energy cost savings at state facilities, for the purpose of providing additional funding to those agencies for energy conservation construction projects at state facilities under the jurisdiction of the agencies as provided in s. 16.847 (2).

SB205-SSA1,28 Section 28. 20.866 (2) (ws) of the statutes is amended to read:

SB205-SSA1,13,2 20.866 (2) (ws) Administration; energy conservation projects; capital improvement fund. From the capital improvement fund, a sum sufficient for the department of administration to provide funding to agencies, as defined in s. 16.70 (1e) 16.97 (1m), for energy conservation construction projects at state facilities under the jurisdiction of the agencies pursuant to s. 16.847 (2). The state may contract public debt in an amount not exceeding $180,000,000 for this purpose.

SB205-SSA1,29 Section 29. 20.867 (3) (kd) of the statutes is amended to read:

SB205-SSA1,13,13 20.867 (3) (kd) Energy conservation construction projects; principal repayment, interest and rebates. All moneys received by the building commission from agencies, as defined in s. 16.70 (1e) 16.97 (1m), in payment of assessments under s. 16.847 (3), for the purpose of reimbursing s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing energy conservation construction projects at state facilities, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing energy conservation construction projects at state facilities, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

SB205-SSA1,30 Section 30. 238.02 (1) of the statutes is repealed and recreated to read:

SB205-SSA1,13,17 238.02 (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 all of the following:

SB205-SSA1,13,18 (a) The governor.

SB205-SSA1,13,22 (b) Six members nominated by the governor, and with the advice and consent of the senate appointed, to serve for 4-year terms. The governor shall nominate members from a slate of candidates prepared by the board under sub. (1d), and at least one of the nominees must be an expert in corporate ethics.

SB205-SSA1,13,25 (c) Three 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.

SB205-SSA1,14,2 (d) One person appointed by the speaker of the assembly who is employed in the private sector for a 4-year term.

SB205-SSA1,14,5 (e) Three 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.

SB205-SSA1,14,7 (f) One person appointed by the senate majority leader who is employed in the private sector for a 4-year term.

SB205-SSA1,14,8 (g) The secretaries of administration and revenue, but as nonvoting members.

SB205-SSA1,31 Section 31. 238.02 (1d) of the statutes is created to read:

SB205-SSA1,14,15 238.02 (1d) The board shall prepare a list of candidates from which the governor shall nominate members of the board under sub. (1) (b). The board shall include on the list at least 2 candidates for each position. The board must select candidates who have financial management experience, municipal or regional economic development experience, or private sector business experience. The board shall also ensure that some of the candidates have expertise in corporate ethics.

SB205-SSA1,32 Section 32. 238.02 (1f) of the statutes is created to read:

SB205-SSA1,14,21 238.02 (1f) From its members, the board shall elect a chairperson. The board shall also elect one of its members, except the chairperson, to serve as a lead director for a 2-year term. The lead director shall provide guidance to the board, facilitate communication between the board and the corporation, and advise the chairperson of the board and the chief executive officer.

SB205-SSA1,33 Section 33. 238.02 (1g) of the statutes is created to read:

SB205-SSA1,15,2 238.02 (1g) (a) The board shall elect a lead director to serve for a 2-year term. The lead director shall have significant corporate management experience and shall be one of the members of the board nominated by the governor or one of the members appointed by the speaker of the assembly or senate majority leader who is employed in the private sector.

SB205-SSA1,15,3 (b) The lead director shall do all of the following:

SB205-SSA1,15,4 1. Chair meetings of the board in the chairperson's absence.

SB205-SSA1,15,5 2. Chair the governance committee under sub. (1r).

SB205-SSA1,15,7 3. Serve as a liaison between the chairperson of the board and the other members of the board.

SB205-SSA1,15,9 4. Work with the chairperson to ensure an adequate committee structure for any committee the board establishes.

SB205-SSA1,15,11 5. Carry out any other duties assigned to the lead director by the board or the governance committee.

SB205-SSA1,34 Section 34. 238.02 (1r) of the statutes is created to read:

SB205-SSA1,15,17 238.02 (1r) (a) The board shall establish a governance committee. The governance committee shall consist of the lead director and two other members who shall be elected by the board from the members of the board nominated by the governor or the members appointed by the speaker of the assembly and senate majority leader who are employed in the private sector, or both.

SB205-SSA1,15,18 (b) The governance committee shall do all of the following:

SB205-SSA1,15,19 1. Develop governance principles for the board's oversight of the corporation.

SB205-SSA1,15,20 2. Oversee the board's operations.

SB205-SSA1,15,21 3. Recommend membership for committees the board establishes.

SB205-SSA1,15,23 4. Assist the chairperson and the board to identify qualified candidates to fill vacancies on the board.

SB205-SSA1,15,25 5. Facilitate communication between the members of the board and the chief executive officer of the corporation.

SB205-SSA1,35 Section 35. 238.02 (3) of the statutes is amended to read:

SB205-SSA1,16,9 238.02 (3) A chief executive officer shall be nominated by the governor, and with the advice and consent of the senate appointed by the board, to serve at the pleasure of the governor board. The board may delegate to the chief executive officer any powers and duties the board considers proper, except any power to appoint or terminate the employment of any executive employee of the corporation or to develop or implement any internal policy without the board first approving the policy. The chief executive officer shall receive such compensation as may be determined by the board.

SB205-SSA1,36 Section 36. 238.02 (4) of the statutes is amended to read:

SB205-SSA1,16,16 238.02 (4) All powers and duties assigned to the corporation under this chapter shall be exercised or carried out by the board, unless the board delegates the power or duty to an employee of the corporation. The board may not delegate to an employee of the corporation any power to appoint or terminate the employment of any executive employee of the corporation or to develop or implement any internal policy without the board first approving the policy.

SB205-SSA1,37 Section 37. 238.02 (5) of the statutes is created to read:

SB205-SSA1,16,21 238.02 (5) (a) The board shall establish a finance committee consisting of 5 board members. The members of the finance committee shall elect a chairperson. No offers of grants, loans, or tax credits may be made to any business under this chapter without the approval of the finance committee.

SB205-SSA1,17,4 (b) The board shall establish an audit and compliance committee to audit the programs and finances of the corporation and to ensure that the corporation is in compliance with applicable state and federal law. The committee shall meet monthly and shall publish the minutes of its meetings. The committee shall report at each board meeting on the current compliance of the corporation with applicable state and federal law, the status of any contracts with businesses that are out of compliance with the contract, and what actions have been planned or taken to resolve the compliance issues.

SB205-SSA1,17,6 (c) The chairpersons of all committees established by the board shall prepare agendas for committee meetings.

SB205-SSA1,17,12 (d) If the board establishes or incorporates a foundation or other entity to solicit funds for economic development in this state, the board shall publish a list of all donors on an Internet Web site maintained by the corporation and shall include the list in the report under s. 238.07 (1). No person who contributes moneys to the foundation or other entity may participate in any economic development program under this chapter for 2 years from the date of the contribution.

SB205-SSA1,38 Section 38. 238.03 (2) (c) of the statutes is amended to read:

SB205-SSA1,17,18 238.03 (2) (c) Require that each recipient of a grant or, loan, or allocation of a tax benefit under the program submit a report to the corporation. Each contract with a recipient of a grant or, loan, or allocation of a tax benefit 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.

SB205-SSA1,39 Section 39. 238.03 (2) (e) of the statutes is amended to read:

SB205-SSA1,17,22 238.03 (2) (e) Annually and independently verify, from a sample of grants and, loans, and allocated tax benefits the accuracy of the information required to be reported under par. (c).

SB205-SSA1,40 Section 40. 238.045 of the statutes is created to read:

SB205-SSA1,18,3 238.045 Establishment of nonprofit organization. (1) Definition. In this section, "nonprofit organization" means a nonprofit corporation, as defined in s. 181.0103 (17), and any organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB205-SSA1,18,5 (2) Requirements. (a) The corporation may not establish a nonprofit organization except as provided in par. (b).

SB205-SSA1,18,9 (b) 1. The chief executive officer of the corporation shall submit any plan for the corporation to establish a nonprofit organization to the joint committee on finance. That plan shall describe in detail the corporation's proposal to establish the nonprofit organization.

SB205-SSA1,18,17 2. If, within 14 working days after the date the joint committee on finance receives the plan under subd. 1., the cochairpersons of the committee do not notify the chief executive officer of the corporation that the committee has scheduled a meeting to review the plan, the corporation may implement the plan. If, within 14 working days after the date the committee receives the plan, the cochairpersons of the committee notify the chief executive officer that the committee has scheduled a meeting to review the plan, the corporation may implement the plan only upon approval by the committee.

SB205-SSA1,41 Section 41. 238.07 (2) (am) of the statutes is created to read:

SB205-SSA1,18,20 238.07 (2) (am) Quantifiable performance measures directly related to the purpose of the program including, when applicable, all of the following information:

SB205-SSA1,18,22 1. An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program.