SB352-SSA1,47,2
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).
SB352-SSA1,47,7
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).
SB352-SSA1,47,10
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.
SB352-SSA1,47,18
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.
SB352-SSA1,47,21
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.
SB352-SSA1,47,25
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.
SB352-SSA1,48,2
1(10) Acquire, own, lease, construct, develop, plan, design, establish, create,
2improve, enlarge, reconstruct, equip, finance, operate, manage, and maintain:
SB352-SSA1,48,63
(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.
SB352-SSA1,48,87
(b) Any spacecraft or other vehicle or aircraft related to conducting the business
8or exercising the powers of the authority.
SB352-SSA1,48,109
(c) Any program or project related to conducting the business or exercising the
10powers of the authority.
SB352-SSA1,48,1511
(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.
SB352-SSA1,48,17
16(11) Offer, provide, furnish, or manage, and enter into contracts related to, any
17service or facility of the authority.
SB352-SSA1,48,20
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.
SB352-SSA1,48,22
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.
SB352-SSA1,48,24
23(14) Borrow money or incur debt other than through bond issuance, and pledge
24property or revenues or provide other security for such debt.
SB352-SSA1,48,25
25(15) Invest funds held by the authority, including investments under s. 25.50.
SB352-SSA1,49,3
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.
SB352-SSA1,49,4
4(17) Exercise the right of eminent domain in the manner provided by ch. 32.
SB352-SSA1,49,7
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.
SB352-SSA1,49,9
8(19) Specify the location of any utility facilities in any spaceport or spaceport
9territory.
SB352-SSA1,49,11
10(20) Divide any spaceport or spaceport territory into zones or districts of any
11number or shape.
SB352-SSA1,49,14
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.
SB352-SSA1,49,17
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.
SB352-SSA1,49,18
18114.63 Duties of authority. The authority shall do all of the following:
SB352-SSA1,49,22
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.
SB352-SSA1,49,25
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.
SB352-SSA1,50,4
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).
SB352-SSA1,50,8
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.
SB352-SSA1,50,12
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.
SB352-SSA1,50,15
13(7) Furnish leadership in securing adequate funding for spaceports, spaceport
14facilities, spaceport services, aerospace facilities, and aerospace services in this
15state.
SB352-SSA1,50,19
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.
SB352-SSA1,51,3
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.
SB352-SSA1,51,5
4(10) Assist any state agency, municipality, or other governmental unit, upon
5its request, in the development of any spaceport or spaceport facility.
SB352-SSA1,51,7
6(11) Use the building commission as a financial consultant to assist and
7coordinate the issuance of bonds under this subchapter.
SB352-SSA1,51,10
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.
SB352-SSA1,51,14
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.
SB352-SSA1,51,18
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).
SB352-SSA1,51,21
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.
SB352-SSA1,51,22
22(16) Attempt to procure adequate liability and property insurance.
SB352-SSA1,51,24
23(17) Subject to s. 114.64, establish the authority's annual budget and monitor
24the fiscal management of the authority.
SB352-SSA1,52,6
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.
SB352-SSA1,52,12
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).
SB352-SSA1,52,1413
(b) The authority shall update and resubmit the plan under par. (a) upon the
14request of the department of administration.
SB352-SSA1,52,18
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.
SB352-SSA1,52,22
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.
SB352-SSA1,53,223
(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).
SB352-SSA1,53,63
(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.
SB352-SSA1,53,9
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:
SB352-SSA1,53,1210
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.
SB352-SSA1,53,1713
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.
SB352-SSA1,53,2018
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.
SB352-SSA1,53,2321
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.
SB352-SSA1,54,424
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.
SB352-SSA1,54,75
(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.
SB352-SSA1,54,14
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.
SB352-SSA1,54,1915
(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.
SB352-SSA1,54,25
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.
SB352-SSA1,55,7
1114.67 Cooperation with governmental units. To enhance the efficiency
2and effectiveness of the authority, the state, any political subdivision of the state,
3municipality, or other governmental unit may enter into cooperative agreements
4with the authority for furnishing any facility or service of the state, political
5subdivision, body politic, or other governmental unit to the authority, including fire
6and police protection, and may otherwise provide, to the extent permitted by law, any
7funds, property, or services to the authority.
SB352-SSA1,55,17
8114.68 Political activities. (1) No employee of the authority may directly
9or indirectly solicit or receive subscriptions or contributions for any partisan political
10party or any political purpose while engaged in his or her official duties as an
11employee. No employee of the authority may engage in any form of political activity
12calculated to favor or improve the chances of any political party or any person seeking
13or attempting to hold partisan political office while engaged in his or her official
14duties as an employee or engage in any political activity while not engaged in his or
15her official duties as an employee to such an extent that the person's efficiency during
16working hours will be impaired or that he or she will be tardy or absent from work.
17Any violation of this section is adequate grounds for dismissal.
SB352-SSA1,55,21
18(2) If an employee of the authority declares an intention to run for partisan
19political office, the employee shall be placed on a leave of absence for the duration
20of the election campaign and if elected shall no longer be employed by the authority
21on assuming the duties and responsibilities of such office.
SB352-SSA1,55,23
22(3) An employee of the authority may be granted, by the executive director, a
23leave of absence to participate in partisan political campaigning.
SB352-SSA1,56,3
1(4) Persons on leave of absence under sub. (2) or (3) shall not be subject to the
2restrictions of sub. (1), except as they apply to the solicitation of assistance,
3subscription, or support from any other employee in the authority.
SB352-SSA1,56,7
4114.69 Liability limited. (1) Neither the state nor any political subdivision
5of the state nor any officer, employee, or agent of the state or of a political subdivision
6who is acting within the scope of employment or agency is liable for any debt,
7obligation, act, or omission of the authority.
SB352-SSA1,56,9
8(2) All of the expenses incurred by the authority in exercising its duties and
9powers under this chapter shall be payable only from funds of the authority.
SB352-SSA1,56,12
10114.70 Issuance of bonds. (1) The authority may issue bonds for any
11corporate purpose. All bonds are negotiable for all purposes, notwithstanding their
12payment from a limited source.
SB352-SSA1,56,14
13(2) The bonds of each issue shall be payable from sources specified in the bond
14resolution under which the bonds are issued.
SB352-SSA1,57,2
15(3) The authority may not issue bonds unless the issuance is first authorized
16by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding
1730 years from their dates of issue, bear interest at the rates, be payable at the times,
18be in the denominations, be in the form, carry the registration and conversion
19privileges, be executed in the manner, be payable in lawful money of the United
20States at the places, and be subject to the terms of redemption, that the bond
21resolution provides. The bonds shall be executed by the manual or facsimile
22signatures of the officers of the authority designated by the board. The bonds may
23be sold at public or private sale at the price, in the manner, and at the time
24determined by the board. Pending preparation of definitive bonds, the authority may
1issue interim receipts or certificates that the authority shall exchange for the
2definitive bonds.
SB352-SSA1,57,5
3(4) Any bond resolution may contain provisions, which shall be a part of the
4contract with the holders of the bonds that are authorized by the bond resolution,
5regarding any of the following:
SB352-SSA1,57,66
(a) Pledging or assigning specified assets or revenues of the authority.
SB352-SSA1,57,87
(b) Setting aside reserves or sinking funds, and the regulation, investment, and
8disposition of these funds.
SB352-SSA1,57,109
(c) Limitations on the purpose to which or the investments in which the
10proceeds of the sale of any issue of bonds may be applied.
SB352-SSA1,57,1411
(d) Limitations on the issuance of additional bonds, the terms upon which
12additional bonds may be issued and secured, and the terms upon which additional
13bonds may rank on a parity with, or be subordinate or superior to, the bonds
14authorized by the bond resolution.
SB352-SSA1,57,1515
(e) Funding, refunding, advance refunding, or purchasing outstanding bonds.
SB352-SSA1,57,1816
(f) Procedures, if any, by which the terms of any contract with bondholders may
17be amended, the amount of bonds the holders of which must consent to the
18amendment, and the manner in which this consent may be given.
SB352-SSA1,57,2119
(g) Defining the acts or omissions to act that constitute a default in the duties
20of the authority to the bondholders, and providing the rights and remedies of the
21bondholders in the event of a default.
SB352-SSA1,57,2222
(h) Other matters relating to the bonds that the board considers desirable.
SB352-SSA1,58,2
23(5) Neither the members of the board nor any person executing the bonds is
24liable personally on the bonds or subject to any personal liability or accountability
1by reason of the issuance of the bonds, unless the personal liability or accountability
2is the result of willful misconduct.
SB352-SSA1,58,15
3(6) No less than 14 days prior to any commitment by the authority for the
4issuance of bonds under this section, the authority shall submit the bond resolution
5to the governor, to the chief clerk of each house of the legislature for distribution to
6the legislature under s. 13.172 (2), and to the cochairpersons of the joint committee
7on finance. If, within 14 days after the date on which the bond resolution is submitted
8to the joint committee on finance, the cochairpersons of the committee do not notify
9the authority that the committee has scheduled a meeting for the purpose of
10reviewing the bond resolution, the authority may proceed with any commitment for
11the issuance of bonds under the bond resolution. If, within 14 days after the date on
12which the bond resolution is submitted to the committee, the cochairpersons of the
13committee notify the authority that the committee has scheduled a meeting to review
14the bond resolution, the authority may proceed with any commitment for the
15issuance of bonds under the bond resolution only upon approval by the committee.
SB352-SSA1,59,2
16114.71 Bond security. The authority may secure any bonds issued under this
17chapter by a trust agreement, trust indenture, indenture of mortgage, or deed of
18trust by and between the authority and one or more corporate trustees. The bond
19resolution providing for the issuance of bonds so secured shall pledge some or all of
20the revenues to be received by the authority, including to the extent permitted by law
21any grant, aid, loan, or other contribution, or shall mortgage, assign, or grant
22security interests in some or all of the property of the authority, or both, and may
23contain provisions for protecting and enforcing the rights and remedies of the
24bondholders that are reasonable and proper and not in violation of law. A bond
1resolution may contain any other provisions that are determined by the board to be
2reasonable and proper for the security of the bondholders.
SB352-SSA1,59,9
3114.72 Bonds not public debt. (1) The state is not liable on bonds of the
4authority and the bonds are not a debt of the state. Each bond of the authority shall
5contain a statement to this effect on the face of the bond. The issuance of bonds under
6this chapter does not, directly, indirectly, or contingently, obligate the state or any
7political subdivision of the state to levy any tax or to make any appropriation for
8payment of the bonds. Nothing in this section prevents the authority from pledging
9its full faith and credit to the payment of bonds issued under this chapter.
SB352-SSA1,59,19
10(2) Nothing in this chapter authorizes the authority to create a debt of the state,
11and all bonds issued by the authority under this chapter are payable, and shall state
12that they are payable, solely from the funds pledged for their payment in accordance
13with the bond resolution authorizing their issuance or in any trust indenture or
14mortgage or deed of trust executed as security for the bonds. The state is not liable
15for the payment of the principal of or interest on any bonds of the authority or for the
16performance of any pledge, mortgage, obligation, or agreement which may be
17undertaken by the authority. The breach of any pledge, mortgage, obligation, or
18agreement undertaken by the authority does not impose any pecuniary liability upon
19the state or any charge upon its general credit or against its taxing power.
SB352-SSA1,60,2
20114.73 State pledge. The state pledges to and agrees with the holders of
21bonds, and persons that enter into contracts with the authority under this chapter,
22that the state will not limit or alter the rights vested in the authority by this chapter
23before the authority has fully met and discharged the bonds, and any interest due
24on the bonds, and has fully performed its contracts, unless adequate provision is
1made by law for the protection of the bondholders or those entering into contracts
2with the authority.
SB352-SSA1,60,6
3114.74 Refunding bonds. (1) The authority may issue bonds to fund or
4refund any outstanding bond, including the payment of any redemption premium on
5the outstanding bond and any interest accrued or to accrue to the earliest or any
6subsequent date of redemption, purchase, or maturity.
SB352-SSA1,60,11
7(2) The authority may apply the proceeds of any bond issued to fund or refund
8any outstanding bond to purchase, retire at maturity, or redeem any outstanding
9bond. The authority may, pending application, place the proceeds in escrow to be
10applied to the purchase, retirement at maturity, or redemption of any outstanding
11bond at any time.
SB352-SSA1,60,14
12114.75 Limit on amount of outstanding bonds. The authority may not
13have outstanding at any one time bonds in an aggregate principal amount exceeding
14$100,000,000, excluding bonds issued to refund outstanding bonds.
SB352-SSA1,60,21
15114.76 Bonds exempt from taxation. The state covenants with the
16purchasers and all subsequent holders and transferees of bonds issued by the
17authority, in consideration of the acceptance of any payment for the bonds, that its
18fees, charges, gifts, grants, revenues, receipts, and other moneys received or to be
19received, pledged to pay or secure the payment of such bonds shall at all times be free
20and exempt from all state, city, county, or other taxation provided by the laws of the
21state.
SB352-SSA1,60,25
22114.77 Funding of certain project costs. (1) In this section, "spaceport
23improvement project" means any project to acquire, construct, develop, plan, design,
24establish, create, improve, enlarge, reconstruct, or equip any spaceport or spaceport
25facility.
SB352-SSA1,61,9
1(2) The costs of spaceport improvement projects involving federal aid, in excess
2of the federal government's share, shall be borne by the authority and the state,
3except that the state shall pay not more than 50 percent of such excess costs, nor more
4than $10,000,000 for the cost of a building project or building improvement project
5and no part of the cost of hangars. The secretary, upon agreement with the authority,
6may advance up to 10 percent of the amount of any federal aid grant agreement for
7the payment of project costs of a federal aid project, subject to reimbursement upon
8final liquidation and settlement of the project with the authority and federal
9government.
SB352-SSA1,61,17
10(3) The costs of spaceport improvement projects not involving federal aid shall
11be borne by the authority and the state. The state shall pay not more than 80 percent
12of such costs, which may include the cost of the land, the cost of lands or interest in
13lands deemed necessary for the protection of the aerial approaches, the cost of
14formulating the project application and preparing the plans and specifications, and
15the cost of construction and of all facilities deemed necessary for the operation of the
16spaceport. The state shall contribute not more than $10,000,000 for the cost of a
17building project or building improvement project and no part of the cost of hangars.