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11114.60 Definitions. In this subchapter:
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12(1) "Aerospace facilities" means facilities and infrastructure in this state used
13primarily to provide aerospace services, including: laboratories and research
14facilities; office, storage, and manufacturing facilities; instructional and other
15educational facilities; space museums; and other buildings, equipment, and
16instruments related to the operations of the aerospace industry or to providing
17aerospace services.
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18(2) "Aerospace services" means services that promote, advance, and facilitate
19space exploration and space-related commercial, technological, and educational
20development in this state, including: space-related research, experimentation, and
21development of technology and other intellectual property; space-related business
22incubator services or services for start-up aerospace companies; programs, projects,
23operations, and activities to develop, enhance, or provide commercial and
24noncommercial space-related opportunities for business, industry, education, and
25government; services or activities that promote the commercialization of the space
1and aerospace industry and space-related economic growth; services or activities
2that promote and facilitate space-related educational opportunities and tourism,
3including educational initiatives and operation or sponsorship of space museums
4and tourist attractions; consulting services; and administrative services.
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5(3) "Authority" means the Wisconsin Aerospace Authority.
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6(4) "Board" means the board of directors of the authority.
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7(5) "Bond" means a bond, note, or other obligation of the authority issued under
8this chapter, including a refunding bond.
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9(6) "Bond resolution" means a resolution of the board authorizing the issuance
10of, or providing terms and conditions related to, bonds and includes, when
11appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed
12of trust providing terms and conditions for the bonds.
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13(7) "Payload" means any property, cargo, or persons transported by spacecraft.
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14(8) "Recovery" means the recovery of any spacecraft or payload, or any part of
15any spacecraft or payload, including any appurtenance, instrument, or equipment,
16that has detached from a spacecraft in flight or upon launch or landing.
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17(9) "Spaceport facilities" means facilities and infrastructure that are located
18within a spaceport and related to the operation or purpose of the spaceport,
19including: spaceport launch or landing areas; launch or landing control centers or
20other facilities; structures, mechanisms, or devices for communicating with or
21navigating or tracking spacecraft; buildings, structures, equipment, or other
22facilities associated with spacecraft construction, development, assembly,
23processing, testing, or evaluation; buildings, structures, equipment, or other
24facilities associated with payload loading, assembly, processing, testing, or
25evaluation; space flight hardware, software, or instrumentation; facilities
1appropriate to meet the transportation, electric, gas, water and sewer, flood control,
2waste disposal, and other infrastructure needs within the spaceport; facilities to
3meet public safety needs within the spaceport, including any facility related to
4spaceport security and emergency services such as fire and ambulance;
5administrative facilities; and other buildings, equipment, and instruments related
6to spaceport operations or the providing of spaceport services.
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7(10) "Spaceport services" means any services provided in connection with the
8operation, management, or control of a spaceport or spaceport facilities, including:
9the launching or landing of spacecraft; communicating with or navigating or
10tracking spacecraft; construction, development, assembly, processing, testing, or
11evaluation of spacecraft or payload; loading spacecraft payload; spaceport security
12and emergency services; and administrative services.
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13(11) "Spaceport territory" means a spaceport of the authority in this state and
14any additional aerospace facilities associated with the spaceport that are in the
15immediate vicinity of the spaceport.
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16(12) "Wisconsin Space Grant Consortium" means the statewide regional
17consortium designated as such by the federal administrator of the National
18Aeronautics and Space Administration under
42 USC 2486f (a) (1) (B).
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19114.61 Creation and organization. (1) There is created a public body
20corporate and politic to be known as the "Wisconsin Aerospace Authority." The board
21of the authority shall consist of the following members:
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(a) Six members nominated by the governor, and with the advice and consent
23of the senate appointed, for 3-year terms.
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1(b) One member of the senate, appointed by the president of the senate, and one
2member of the assembly, appointed by the speaker of the assembly, each for a 3-year
3term.
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(c) The director of the Wisconsin Space Grant Consortium. If the Wisconsin
5Space Grant Consortium ceases to exist or does not appoint a director, an additional
6member of the board shall be appointed under par. (a) in lieu of the member under
7this paragraph.
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8(2) Except for the member specified under sub. (1) (c), each member of the board
9shall be a resident of the state and shall have experience in the aerospace or
10commercial space industry, in education, or in finance or shall have other significant
11experience related to the functions of the authority as specified in this subchapter.
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12(3) (a) The terms of the members appointed under sub. (1) (a) and (b) expire on
13June 30. Each member's appointment remains in effect until a successor is
14appointed unless the member vacates or is removed from his or her office. A member
15who serves as a result of holding another office or position vacates his or her office
16as a member when he or she vacates the other office or position. A member who
17ceases to qualify for office vacates his or her office.
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(b) A vacancy on the board shall be filled in the same manner as the original
19appointment to the board for the remainder of the unexpired term, if any.
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(c) A member appointed under sub. (1) (a) may be removed by the governor for
21cause. A member appointed under sub. (1) (b) shall be removed, as applicable, by the
22president of the senate or the speaker of the assembly if the member is absent at 2
23consecutive board meetings without the prior written approval of the chairperson of
24the board. A vacancy on the board created by removal under this paragraph is
25subject to par. (b).
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1(d) A member of the board appointed under sub. (1) (a) or (b) may not serve more
2than 3 consecutive 3-year terms, but may be reappointed to additional terms after
3a one-year absence from the board.
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(e) A member of the board may hold public office or otherwise be publicly or
5privately employed.
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6(4) (a) A member of the board may not be compensated for his or her services
7but shall be reimbursed for actual and necessary expenses, including travel
8expenses, incurred in the performance of his or her duties.
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(b) The amount of reimbursement under par. (a) shall be limited to the uniform
10travel schedule amounts approved under s. 20.916 (8).
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11(5) No cause of action of any nature may arise against and no civil liability may
12be imposed upon a member of the board for any act or omission in the performance
13of his or her powers and duties under this subchapter, unless the person asserting
14liability proves that the act or omission constitutes willful misconduct.
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15(6) The members of the board shall annually elect a chairperson and may elect
16other officers as they consider appropriate. Five members of the board constitute a
17quorum for the purpose of conducting the business and exercising the powers of the
18authority, notwithstanding the existence of any vacancy. The board may take action
19upon a vote of a majority of the members present, unless the bylaws of the authority
20require a larger number. The board shall meet at least once every 6 months, but may
21meet more frequently. Except as provided in s. 114.65 (4), meetings of the board are
22subject to the open meetings requirements specified in subch. V of ch. 19.
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23(7) The board shall appoint an executive director who may not be a member of
24the board and who shall serve at the pleasure of the board. The authority may
25delegate by resolution to one or more of its members or its executive director any
1powers and duties that it considers proper. The board shall determine the
2compensation of the executive director. The executive director or another person
3designated by resolution of the board shall keep a record of the proceedings of the
4authority and shall be custodian of all books, documents, and papers filed with the
5authority, the minute book or journal of the authority, and its official seal. The
6executive director or other person may cause copies to be made of all minutes and
7other records and documents of the authority and may give certificates under the
8official seal of the authority to the effect that the copies are true copies, and all
9persons dealing with the authority may rely upon the certificates. The executive
10director may call meetings of the board more frequently than the meetings required
11under sub. (6).
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12114.62 Powers of authority. The authority has all of the powers necessary
13or convenient to carry out the purposes and provisions of this chapter. In addition
14to all other powers granted by this chapter, the authority may do any of the following:
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15(1) Adopt bylaws and policies and procedures for the regulation of its affairs
16and the conduct of its business.
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17(2) Sue and be sued. The authority has a direct right of action against any 3rd
18party to enforce any provision of this subchapter or to carry out any power provided
19to it under this subchapter or to protect its interests as authorized under this
20subchapter.
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21(3) Have a seal and alter the seal at pleasure; have perpetual existence; and
22maintain an office.
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23(4) Hire employees, define their duties, and fix their rate of compensation and
24benefits. The authority may also employ any agent or special advisor that the
25authority finds necessary and fix his or her compensation. The amount of
1reimbursement to any employee, agent, or special advisor shall be limited to the
2uniform travel schedule amounts approved under s. 20.916 (8).
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3(5) Appoint any technical or professional advisory committee that the
4authority finds necessary to assist the authority in exercising its duties and powers;
5define the duties of any committee; and provide reimbursement for the expenses of
6any committee. The amount of reimbursement under this subsection shall be limited
7to the uniform travel schedule amounts approved under s. 20.916 (8).
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8(6) Buy, sell, lease as lessor or lessee, or otherwise acquire any interest in or
9dispose of any interest in property, including real property, personal property, and
10intangible property rights.
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11(7) Make and execute contracts and other legal instruments necessary or
12convenient for the conduct of its business or to the exercise of its powers, including:
13procurement contracts; lease or rental agreements; lease-purchase, purchase and
14sale, and option to purchase agreements; consulting agreements; loan agreements;
15financing agreements; security agreements; contractual services agreements;
16affiliation agreements; and cooperative agreements with any governmental unit or
17other person, including agreements for any jointly provided service or jointly
18developed or operated facility.
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19(8) Accept gifts, bequests, contributions, and other financial assistance, in the
20form of money, property, or services, from any person, for the conduct of its business
21or for any other authorized purpose.
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22(9) Apply for and accept loans, grants, advances, aid, and other forms of
23financial assistance or funding, in the form of money, property, or services, from any
24person, including federal aid, for the conduct of its business or for any other
25authorized purpose.
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1(10) Acquire, own, lease, construct, develop, plan, design, establish, create,
2improve, enlarge, reconstruct, equip, finance, operate, manage, and maintain:
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(a) Any spaceport, spaceport territory, spaceport facility, aerospace facility, or
4other facility or site within this state related to conducting the business or exercising
5the powers of the authority, including establishing a spaceport in the city of
6Sheboygan in Sheboygan County.
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(b) Any spacecraft or other vehicle or aircraft related to conducting the business
8or exercising the powers of the authority.
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(c) Any program or project related to conducting the business or exercising the
10powers of the authority.
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(d) Any intangible property right, including any patent, trademark, service
12mark, copyright, trade secret, certification mark, or other right acquired under
13federal or state law, common law, or the law of any foreign country. The authority
14may utilize such rights for any permissible purpose under law, including licensing
15such rights in exchange for payment of royalties.
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16(11) Offer, provide, furnish, or manage, and enter into contracts related to, any
17service or facility of the authority.
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18(12) Establish and collect fees, rents, rates, tolls, and other charges and
19revenues in connection with any service provided by the authority or the use of any
20facility of the authority.
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21(13) Issue bonds in accordance with ss. 114.70 to 114.76 and fund any
22spaceport, facility, or service of the authority with bond proceeds.
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23(14) Borrow money or incur debt other than through bond issuance, and pledge
24property or revenues or provide other security for such debt.
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25(15) Invest funds held by the authority, including investments under s. 25.50.
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1(16) Procure liability insurance covering its officers, employees and agents,
2insurance against any loss in connection with its operations, property, and assets,
3and insurance on its debt obligations.
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4(17) Exercise the right of eminent domain in the manner provided by ch. 32.
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5(18) Provide for and maintain wildlife conservation areas, and prohibit or
6control the pollution of air and water, in any spaceport or spaceport territory, beyond
7what is required under state or federal law.
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8(19) Specify the location of any utility facilities in any spaceport or spaceport
9territory.
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10(20) Divide any spaceport or spaceport territory into zones or districts of any
11number or shape.
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12(21) Prohibit any person from using the words "WISCONSIN SPACEPORT"
13or "SPACEPORT WISCONSIN" in any corporate or business-related name without
14prior written approval of the authority.
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15(22) Subject to any requirement of federal law and to any duty of the
16department specified under this chapter, maintain exclusive jurisdiction over
17spaceports of the authority.
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18114.63 Duties of authority. The authority shall do all of the following:
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19(2) Promote this state's aerospace industry; analyze trends in the aerospace
20industry and recommend actions to be taken by this state to compete in the global
21aerospace industry; and coordinate access to commercial, technical, and general
22aerospace information and services.
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23(3) Advertise and promote to the public the development and utilization of
24spaceport facilities, spaceport services, aerospace facilities, and aerospace services
25of the authority.
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1(4) Develop, promote, attract, and maintain space-related businesses in this
2state, which may include expenditures for travel, entertainment, and hospitality for
3business clients or guests or other authorized persons, but such expenditures shall
4be limited to the uniform travel schedule amounts approved under s. 20.916 (8).
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5(5) Provide aerospace services to the aerospace industry and general public of
6this state, provide commercial and noncommercial aerospace business opportunities
7for industry, education, and government, and develop projects within this state to
8foster and improve aerospace economic growth.
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9(6) Advise, cooperate, and coordinate with federal, state, and local
10governmental units, the aerospace industry, educational organizations, businesses,
11and the Wisconsin Space Grant Consortium, and any other person interested in the
12promotion of space-related industry.
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13(7) Furnish leadership in securing adequate funding for spaceports, spaceport
14facilities, spaceport services, aerospace facilities, and aerospace services in this
15state.
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16(8) Act as a central clearinghouse and source of information in this state for
17spaceports, spaceport facilities, spaceport services, aerospace facilities, and
18aerospace services, including furnishing such information to legislators, offices of
19government, educational institutions, and the general public.
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20(9) Develop a business plan to promote and facilitate spaceport-related
21educational and commercial development in this state, and to stimulate and improve
22aerospace science, design, technology, and research in this state, which plan shall
23include information about the authority and information and analysis about
24space-related industry, technology, design, manufacturing, marketing, and
25management. The business plan shall also include proposed funding sources for
1capital expenditures by the authority, based upon of a feasibility study of potential
2funding sources conducted by the authority. The business plan shall be developed
3in cooperation with the Wisconsin Space Grant Consortium.
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4(10) Assist any state agency, municipality, or other governmental unit, upon
5its request, in the development of any spaceport or spaceport facility.
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6(11) Use the building commission as a financial consultant to assist and
7coordinate the issuance of bonds under this subchapter.
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8(12) Comply with all applicable state and federal laws, including all
9environmental and aeronautics laws, in the exercise of the powers specified under
10this subchapter.
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11(13) Comply with all requirements under federal law related to the use or
12expenditure of federal aid, and comply with all lawful restrictions or conditions
13imposed by state law or by the terms of any gift, bequest, grant, loan, aid,
14contribution, or financial assistance relating to the use or expenditure of such funds.
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15(14) To the extent permitted by applicable state and federal law, attempt to
16involve and utilize, with respect to any facility or service provided by the authority,
17disadvantaged individuals, disadvantaged businesses, and minority businesses, as
18those terms are defined in s. 84.076 (1) (a) to (c).
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19(15) Establish a safety program that includes the development and
20implementation of a loss prevention program, safety policies, and regular and
21periodic facility and equipment inspections.
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22(16) Attempt to procure adequate liability and property insurance.
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23(17) Subject to s. 114.64, establish the authority's annual budget and monitor
24the fiscal management of the authority.
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1114.64 Annual reports. (1) The authority shall keep an accurate account of
2all of its activities and of all of its receipts and expenditures, and shall annually in
3January make a report of its activities, receipts, expenditures, and financial
4condition to the governor and the chief clerk of each house of the legislature, for
5distribution to the legislature under s. 13.172 (2). The reports shall be in a form
6approved by the state auditor.
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7(2) (a) Within 180 days after the effective date of this paragraph .... [revisor
8inserts date], or within 60 days after the authority receives from any public or private
9source money sufficient to fund the cost of preparing a business plan, whichever is
10later, the authority shall submit to the department of administration the business
11plan specified under s. 114.63 (9) and an estimate of the costs of and funding for any
12planned projects of the authority described in s. 114.62 (10).
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(b) The authority shall update and resubmit the plan under par. (a) upon the
14request of the department of administration.
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15(3) For each fiscal year in which the authority receives operating revenues, the
16authority shall submit to the department of administration an audited financial
17statement, which shall include notes that explain in detail the specific sources of
18funding contained in the financial statement.
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19114.65 Maintenance of records. (1) (a) Subject to rules promulgated by the
20department of administration under s. 16.611, the authority may transfer to or
21maintain in optical disk or electronic format any record in its custody and retain the
22record in that format only.
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(b) Subject to rules promulgated by the department of administration under s.
2416.611, the authority shall maintain procedures to ensure the authenticity, accuracy,
1reliability, and accessibility of records transferred to or maintained in optical disk or
2electronic format under par. (a).
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(c) Subject to rules promulgated by the department of administration under s.
416.611, if the authority transfers to or maintains in optical disk or electronic format
5any records in its custody, the authority shall ensure that the records stored in that
6format are protected from unauthorized destruction.
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7(2) (a) Any microfilm reproduction of an original record of the authority, or a
8copy generated from an original record stored in optical disk or electronic format, is
9considered an original record if all of the following conditions are met:
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1. Any device used to reproduce the record on film or to transfer the record to
11optical disk or electronic format and generate a copy of the record from optical disk
12or electronic format accurately reproduces the content of the original.
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2. The reproduction is on film which complies with the minimum standards of
14quality for microfilm reproductions, as established by rule of the public records
15board, or the copy generated from optical disk or electronic format comply with the
16minimum standards of quality for such copies, as established by rule of the
17department of administration under s. 16.611.
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3. The film is processed and developed in accordance with the minimum
19standards established by the public records board. This subdivision does not apply
20to a copy generated from an electronic record.
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4. The record is arranged, identified, and indexed so that any individual
22document or component of the record can be located with the use of proper
23equipment.
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5. The custodian of the record designated by the authority executes a statement
25of intent and purpose describing the record to be reproduced or transferred to optical
1disk or electronic format and the disposition of the original record, and executes a
2certificate verifying that the record was received or created and microfilmed or
3transferred to optical disk or electronic format in the normal course of business and
4files the statement in the offices of the authority.
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(b) The statement of intent and purpose executed under par. (a) 5. is
6presumptive evidence of compliance with all conditions and standards prescribed by
7this subsection.
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8(3) (a) Any microfilm reproduction of a record of the authority meeting the
9requirements of sub. (2) or copy of a record of the authority generated from an
10original record stored in optical disk or electronic format in compliance with this
11section shall be taken as, stand in lieu of, and have all the effect of the original
12document and shall be admissible in evidence in all courts and all other tribunals or
13agencies, administrative or otherwise, in all cases where the original document is
14admissible.
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(b) Any enlarged copy of a microfilm reproduction of a record of the authority
16made as provided by this section or any enlarged copy of a record of the authority
17generated from an original record stored in optical disk or electronic format in
18compliance with this section that is certified by the custodian as provided in s. 889.08
19shall have the same force as an actual-size copy.
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20(4) Notwithstanding any other provision of this subchapter, the authority shall
21maintain the confidentiality of records or portions of records held by the authority
22containing any trade secret, as specified under s. 19.36 (5). Notwithstanding subch.
23V of ch. 19, any portion of any meeting of the authority concerning trade secrets shall
24be conducted in closed session and shall in all respects, including in any written
25record or audio or visual recording of the meeting, remain confidential.