SB352-SSA1,35,522
(c) As an alternative to the procedure for the appointment of members of the
23joint commission provided in par. (b), the governing bodies of the units of government
24which jointly own an airport
or spaceport site may by separate resolution of each
25governing body designate an existing subunit of any one of the governing bodies to
1act as the joint commission. In such case, the designated subunit shall elect a
2chairperson and secretary, formulate a tentative ordinance and hold public hearings
3as provided in sub. (2). No tentative ordinance formulated under this paragraph is
4effective unless it is adopted by all of the governing bodies of the units of government
5which jointly own the airport
or spaceport site.
SB352-SSA1,35,14
6(2) (a) Except as provided by sub. (1) (b) or (c), the county park commission in
7the case of any county except any county with a county executive or county
8administrator in which case the county park manager, the city or village plan
9commission in the case of a city or village, or if there is no such commission or
10manager, a committee of the governing body or bodies of the county, city, village or
11town which owns the airport
or spaceport site shall formulate a tentative ordinance
12and hold a public hearing or hearings thereon in some public place within the county,
13city, village or town. Notice of the hearings shall be given by publication of a class
143 notice, under ch. 985, in the area affected by the proposed ordinance.
SB352-SSA1,35,22
15(3) Nonconforming uses. The lawful use of land, buildings and structures
16existing at the time of the adoption or amendment of any ordinance under the
17authority of this section may be continued, although such use does not conform with
18the provisions of the ordinance. The expansion or enlargement of a nonconforming
19use shall be in conformity with the ordinance. The governing body of the owner of
20the airport
or spaceport site may remove such nonconforming use or acquire the
21necessary air right over the same by purchase or exercise of the right of eminent
22domain in the manner provided by ch. 32.
SB352-SSA1,36,3
23(4) Board of appeals. (a) Any ordinance enacted under this section shall
24provide for a board of appeals. If the county, city, village or town which is the owner
25of the airport
or spaceport has enacted a zoning ordinance under provision of law
1other than this section, the board of adjustment or board of appeals set up by that
2ordinance shall also function as the board of appeals under the ordinance enacted
3under this section.
SB352-SSA1,36,94
(b) If there
be is no such board of appeals or board of adjustment, any
5regulations adopted under this section shall provide for a board of appeals. Where
6the airport
or spaceport is owned jointly, the ordinance shall provide for a joint board
7of appeals. Such board shall be constituted and have all the powers, duties and
8functions as provided in s. 62.23 (7) (e), but not more than 2 members of such board
9shall be owners or occupants of the area affected by the ordinance.
SB352-SSA1,36,15
10(5) Enforcement. The governing body of the county, city, village or town
11owning the airport
or spaceport site may provide for the enforcement of any
12ordinance or regulations enacted pursuant to this section. Such enforcement may
13be by a system of permits or any other appropriate method. The governing body
14enacting the ordinance may provide for the punishment of a violation of the
15ordinance by fine or imprisonment, or both.
SB352-SSA1, s. 68
16Section
68. 114.136 (2) (b) of the statutes is renumbered 114.136 (2) (b) 1. and
17amended to read:
SB352-SSA1,37,218
114.136
(2) (b) 1. The regulations, restrictions and determinations shall
19include, among other things, provisions for the limitation of the height of buildings,
20structures and objects of natural growth located not more than 3 miles from the
21boundaries of the airport site
or located not more than 5 miles from the boundaries
22of the spaceport site. Such regulations, restrictions and determinations shall specify
23the maximum permissible height of buildings, structures and objects of natural
24growth and may specify such maximum permissible height as a ratio between the
25permissible maximum height of the building, structure or object of natural growth
1above the level of the airport
or spaceport site and its distance from the nearest point
2on the boundary of the airport
or spaceport site.
SB352-SSA1,37,11
32. For the purposes of this section, buildings, structures and objects of natural
4growth shall not be restricted to a height above the level of the airport site which is
5less than one-thirtieth of its distance from the boundary of the airport site in the case
6of class I and II airports as classified by the civil aeronautics administration of the
7United States department of commerce and one-fiftieth of its distance from the
8boundary of the airport in the case of class III and larger airports as classified by said
9administration. Provided, however, that a building, structure, or object of natural
10growth within 3 miles of the airport site may be restricted to a height of 150 feet above
11the airport level, which is defined as the lowest point planned on any runway.
SB352-SSA1,37,23
13114.151 Union airports and spaceports. All powers conferred upon any
14county, city, village or town by ss. 114.11 to 114.15, relating to the acquisition,
15establishment, construction, ownership, control, lease, equipment, improvement,
16maintenance, operation and regulation of airports or landing fields
, or spaceports or
17spacecraft launch or landing areas, may be exercised by any 2 or more municipalities
18in the establishment, acquisition, equipment and operation of joint airports or
19landing fields
, or spaceports or spacecraft launch or landing areas. The governing
20body of any county, city, village or town participating in the ownership or operation
21of a joint airport
or spaceport as provided in this section may by resolution withdraw
22from such joint operation or control and may relinquish its interest in the airport
or
23spaceport.
SB352-SSA1, s. 70
24Section
70. 114.31 (1) and (4) of the statutes are amended to read:
SB352-SSA1,38,18
1114.31
(1) General. The secretary shall have general supervision of
2aeronautics in the state and promote and foster a sound development of aviation in
3this state, promote aviation education and training programs, assist in the
4development of aviation and aviation facilities, safeguard the interests of those
5engaged in all phases of aviation, formulate and recommend and promote reasonable
6regulations in the interests of safety, and coordinate state aviation activities with
7those of other states
and, the federal government
, and the Wisconsin Aerospace
8Authority. The secretary shall have all powers that are necessary to carry out the
9policies of the department of transportation, including the right to require that
10statements made to the secretary be under oath. The secretary is especially charged
11with the duty of informing himself or herself regarding all federal laws that affect
12aeronautics
and astronautics in this state, all regulations pursuant to such laws, and
13all pending legislation providing for a national airport system, in order that the
14secretary may recommend to the governor and the legislature such measures as will
15best enable this state to derive the maximum benefits from such legislation if and
16when it shall become effective. It shall be the duty of all other state boards,
17commissions, departments and institutions, especially the appropriate educational
18institutions
and the Wisconsin Aerospace Authority, to cooperate with the secretary.
SB352-SSA1,39,5
19(4) Cooperation with federal aeronautical
or astronautical agency. The
20secretary shall cooperate with and assist the federal government, the political
21subdivisions of this state, and others engaged in aeronautics
or astronautics or the
22promotion of aeronautics
or astronautics, and shall seek to coordinate the
23aeronautical
or astronautical activities of these bodies. To this end, the secretary is
24empowered to confer with or to hold joint hearings with any federal aeronautical
or
25astronautical agency in connection with any matter arising under this chapter,
1relating to the sound development of aeronautics
or astronautics, and to take
2advantage of the cooperation, services, records and facilities of such federal agencies,
3as fully as may be practicable, in the administration of said sections. The secretary
4shall furnish to the federal agencies cooperation, and the services, records and
5facilities of the department, insofar as may be practicable.
SB352-SSA1,39,127
114.33
(12) Lands held by any department, board, commission
or, other agency
8of the state
, or the Wisconsin Aerospace Authority may, with the approval of the
9governor, be conveyed to the secretary in the manner prescribed by statute and, if
10none is prescribed, then by a conveyance authorized by appropriate resolution of the
11controlling department, board or commission of the agency concerned
or by the
12Wisconsin Aerospace Authority.
SB352-SSA1,39,15
14114.37 (title)
Advance land acquisition loan program for airport
15projects.
SB352-SSA1,39,20
17114.375 Advance land acquisition loan program for spaceport projects. 18(1) Purpose. The purpose of this section is to promote the state's interest in
19aerospace programs by providing loans for advance land acquisition for spaceport
20projects.
SB352-SSA1,39,25
21(2) Administration. The department shall administer an advance land
22acquisition loan program to assist a county, city, village, town, or an owner of a
23spaceport in acquiring land necessary for spaceport projects. The department shall
24have all powers necessary and convenient to implement this section, including the
25following powers:
SB352-SSA1,40,5
1(a) To specify conditions of eligibility for loans under this section. Such
2conditions shall include the requirement that the land to be acquired must be part
3of a planned spaceport improvement project or a land acquisition project that is
4essential to future spaceport development or to the safety of spacecraft using the
5spaceport.
SB352-SSA1,40,76
(b) To receive applications for loans under this section and to prescribe the form,
7nature, and extent of the information which shall be contained in applications.
SB352-SSA1,40,108
(c) To establish standards for the approval of loans under this section. No loan
9may be made for an amount greater than 80 percent of the department's assessment
10of the value of the property.
SB352-SSA1,40,2211
(d) To enter into loan agreements with applicants to ensure the proper use and
12prompt repayment of loans under this section. The loan agreement shall include the
13requirements that the loan be repaid within a period not to exceed 10 years and that
14the proceeds of any state or federal land acquisition funding received be fully pledged
15to repayment of the loan. The department may not make a loan for more than 80
16percent of the estimated land acquisition costs, including the costs of any necessary
17project plans and environmental studies. The loan agreement shall require that the
18department be designated to act as the loan recipient's agent in the acquisition of the
19land. Title to the land acquired shall be held by the loan recipient, but the
20department may retain a security interest in the land until the loan is repaid. The
21loan agreement shall require the payment of interest and reasonable costs incurred
22by the department.
SB352-SSA1,40,2323
(e) To acquire lands as the designated agent of a loan recipient.
SB352-SSA1,40,2424
(f) To audit and inspect the records of loan recipients.
SB352-SSA1,41,3
1(3) Funds. The department may make loans under this section from the
2appropriation under s. 20.395 (2) (mv). The total outstanding balance of loans under
3this subsection may not exceed $10,000,000.
SB352-SSA1,41,5
4(4) Rules. The department may adopt rules as necessary to implement this
5section.
SB352-SSA1, s. 74
6Section
74. Subchapter II of chapter 114 [precedes 114.60] of the statutes is
7created to read:
SB352-SSA1,41,109
Subchapter II
10
WISCONSIN AEROSPACE AUTHORITY
SB352-SSA1,41,11
11114.60 Definitions. In this subchapter:
SB352-SSA1,41,17
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.
SB352-SSA1,42,4
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.
SB352-SSA1,42,5
5(3) "Authority" means the Wisconsin Aerospace Authority.
SB352-SSA1,42,6
6(4) "Board" means the board of directors of the authority.
SB352-SSA1,42,8
7(5) "Bond" means a bond, note, or other obligation of the authority issued under
8this chapter, including a refunding bond.
SB352-SSA1,42,12
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.
SB352-SSA1,42,13
13(7) "Payload" means any property, cargo, or persons transported by spacecraft.
SB352-SSA1,42,16
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.
SB352-SSA1,43,6
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.
SB352-SSA1,43,12
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.
SB352-SSA1,43,15
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.
SB352-SSA1,43,18
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).
SB352-SSA1,43,21
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:
SB352-SSA1,43,2322
(a) Six members nominated by the governor, and with the advice and consent
23of the senate appointed, for 3-year terms.
SB352-SSA1,44,3
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.
SB352-SSA1,44,74
(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.
SB352-SSA1,44,11
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.
SB352-SSA1,44,17
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.
SB352-SSA1,44,1918
(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.
SB352-SSA1,44,2520
(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).
SB352-SSA1,45,3
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.
SB352-SSA1,45,54
(e) A member of the board may hold public office or otherwise be publicly or
5privately employed.
SB352-SSA1,45,8
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.
SB352-SSA1,45,109
(b) The amount of reimbursement under par. (a) shall be limited to the uniform
10travel schedule amounts approved under s. 20.916 (8).
SB352-SSA1,45,14
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.
SB352-SSA1,45,22
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.
SB352-SSA1,46,11
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).
SB352-SSA1,46,14
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:
SB352-SSA1,46,16
15(1) Adopt bylaws and policies and procedures for the regulation of its affairs
16and the conduct of its business.
SB352-SSA1,46,20
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.
SB352-SSA1,46,22
21(3) Have a seal and alter the seal at pleasure; have perpetual existence; and
22maintain an office.
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.