LRBs0342/1
ARG:cjs:jf
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 352
December 7, 2005 - Offered by
Joint Committee on Finance.
SB352-SSA1,2,9
1An Act to renumber and amend 114.136 (2) (b);
to amend 7.33 (1) (c), 13.172
2(1), 13.62 (2), 13.94 (4) (a) 1., 13.95 (intro.), 16.002 (2), 16.004 (4), 16.004 (5),
316.004 (12) (a), 16.01 (1), 16.045 (1) (a), 16.41 (4), 16.417 (1) (b), 16.52 (7), 16.528
4(1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.611 (2) (a) and (c), 16.70 (2), 16.75 (1m),
516.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8), 16.838 (1) (b), 16.85 (2),
616.865 (8), 23.175 (1) (b), 25.50 (1) (d), 32.01 (1), 32.05 (intro.), 71.26 (1) (be),
777.54 (9a) (a), 84.072 (3), 85.02 (1), 100.45 (1) (dm), 101.177 (1) (d), chapter 114
8(title), 114.002 (1), 114.002 (3), 114.04, 114.05, 114.07, 114.105, 114.11 (title),
9114.11 (1), (2), (3), (4) and (5) (intro.), 114.12, 114.13, 114.134 (title), 114.134 (1),
10(2), (3) and (4) (c), 114.135 (intro.), (1), (2), (3), (4), (6), (7) and (8), 114.136 (title),
11114.136 (1) (a), (b) and (c), (2) (a), (3), (4) and (5), 114.151, 114.31 (1) and (4),
12114.33 (12), 114.37 (title), 230.03 (3), 281.75 (4) (b) 3., 285.59 (1) (b) and 560.032
13(1); and
to create 19.42 (10) (q), 20.395 (2) (mq), 20.395 (2) (mv), 20.395 (2) (mx),
124.61 (2) (a) 10., 25.17 (3) (b) 13., 32.02 (11m), 40.02 (54) (j), 66.0603 (1m) (a) 3u.,
270.11 (38m), 71.05 (1) (c) 7., 71.26 (1m) (h), 71.45 (1t) (h), subchapter I (title) of
3chapter 114 [precedes 114.001], 114.002 (11m), 114.002 (18r), (18s) and (18t),
4114.375, subchapter II of chapter 114 [precedes 114.60] and 219.09 (1) (g) of the
5statutes;
relating to: creating the Wisconsin Aerospace Authority to develop
6and operate spaceports and related facilities and services and other aerospace
7facilities and services and providing the authority with the power of
8condemnation, authorizing municipalities to develop and operate spaceports,
9and making an appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment creates the Wisconsin Aerospace Authority (WAA)
and authorizes WAA to develop spaceports, spacecraft, and other aerospace facilities
in this state, to provide spaceport and aerospace services and allow use of spaceport
and aerospace facilities by others, to promote the aerospace industry in this state,
and to provide public-private coordination for the aerospace industry in this state.
An authority is a public body created by state law that is not a state agency. There
are currently a limited number of authorities created under state law, which include
the University of Wisconsin Hospitals and Clinics Authority and Wisconsin Housing
and Economic Development Authority.
Under this substitute amendment, the board of directors of WAA consists of
nine members. Six members of the board are appointed by the governor with the
advice and consent of the senate for three-year terms. One member is appointed by
the president of the senate and one member is appointed by the speaker of the
assembly, each for a three-year term. Each of these eight members must be a
resident of this state and must have experience in the aerospace, education, finance,
or commercial space industry or other significant experience related to the functions
of WAA. The ninth member of the board is the director of the Wisconsin Space Grant
Consortium. A board member appointed by the governor may be removed from the
board for cause and a board member appointed by the legislature is required to be
removed from the board for two consecutive unapproved absences from board
meetings. Board members are not compensated for their services, but receive
reimbursement for actual and necessary expenses. The board must appoint an
executive director, who may not be a member of the board and who may receive
compensation for his or her services.
The substitute amendment provides WAA with numerous powers, including
authorizing WAA to do all of the following:
1. Design, develop, and operate spaceports, aerospace facilities, and spacecraft,
including establishing a spaceport in the city of Sheboygan.
2. Design, develop, and operate programs and projects, and provide services,
related to spaceports, aerospace facilities, and spacecraft.
3. Acquire and dispose of real property, personal property, and intangible
property rights and enter into contracts.
4. Issue bonds to fund any spaceport, facility, or service of WAA.
5. Exercise the right of eminent domain.
6. Maintain exclusive jurisdiction (except where federal or state law provides
otherwise) over WAA spaceports.
7. Cooperate with other governmental units in furnishing any facility or
service, including fire and police protection at a spaceport.
The substitute amendment also imposes a number of duties on WAA, including
requiring WAA to do all of the following:
1. Promote the aerospace industry in this state, including advertising and
promotion of WAA facilities and services and development, promotion, and
attraction of space-related business in this state.
2. Provide and promote aerospace services, information, and business
opportunities in this state.
3. Coordinate efforts of various governmental units and private parties
interested in the promotion of space-related industry.
4. Develop a business plan to promote and facilitate spaceport-related
educational and commercial development and to stimulate and improve aerospace
science, design, technology, and research.
5. Annually report to the governor and legislature WAA's activities, receipts,
expenditures, and financial condition; annually submit to the Department of
Administration (DOA), for each fiscal year in which the authority receives operating
revenues, an audited financial statement including detailed identification of funding
sources; and submit once to DOA, and as DOA requests thereafter, a business plan,
including proposed funding sources for capital expenditures by WAA, and estimate
of costs and funding for design, development, and operation of initially planned
spaceports, aerospace facilities, and spacecraft.
The substitute amendment authorizes WAA to issue bonds to carry out its
functions if WAA submits a bond resolution to the governor and legislature and the
legislature's Joint Committee on Finance does not schedule a meeting within 14 days
on the bond resolution or schedules such a meeting and approves the bond resolution.
WAA's bonds are not state debt. The substitute amendment authorizes WAA to have
no more than $100,000,000 in outstanding bonds at any one time. The substitute
amendment creates an individual and corporate income tax exemption for interest
on bonds issued by WAA.
The substitute amendment creates state, federal, and local appropriations for
the Department of Transportation (DOT) from the transportation fund for funding
for WAA, but does not directly provide any funds. Under the substitute amendment,
any project to acquire, construct, or improve a spaceport or spaceport facility, other
than a hangar, must be funded from these DOT appropriations and from WAA's own
funds. DOT and WAA must share the cost of the project, except that DOT's share of
costs is limited to a maximum of $10,000,000 per project and is limited to 80 percent
of the total project cost if federal aid is not available for the project or 50 percent of
the total project cost in excess of federal aid if federal aid is available for the project.
For each project, DOT determines the percentage of costs borne by DOT based on the
relative importance of the project to any state spaceport development program as a
whole.
Because WAA is not a state agency, numerous laws that apply to state agencies
do not apply to WAA. However, as with many state-created authorities, WAA is
treated like a state agency in the following respects, among others: 1) it is generally
subject to the open records and open meetings laws; 2) it is treated like a state agency
for purposes of the law regulating lobbying; 3) its employees may participate in the
system for state retirement benefits and health insurance coverage; 4) it is exempt
from sales and use taxes, property taxes, and income taxes; 5) its employees are
subject to laws prohibiting political activities by state employees while engaged in
official duties; 6) it is subject to auditing by the Legislative Audit Bureau and to
access by the Legislative Fiscal Bureau; and 7) the Code of Ethics for Public Officials
and Employees covers WAA.
WAA is unlike a state agency in many other ways, including: 1) it approves its
own budget without going through the state budgetary process; 2) WAA employees
are not state employees, are not included in the state system of personnel
management, and are hired outside the state hiring system; 3) it is not subject to
statutory rule-making procedures, including requirements for legislative review of
proposed rules; 4) it keeps its operating fund in its own account outside of the state
treasury; and 5) the state is not liable for any debt, obligation, or act of WAA and WAA
expenses are paid from WAA's own funds.
The substitute amendment also expands certain provisions of law currently
applicable only to airports and aircraft to apply to spaceports and spacecraft as well.
These changes include: 1) treating aircraft and spacecraft similarly with regard to
certain aspects of civil and criminal liability; 2) recognizing the authority of a county
or municipality to establish, own, and operate a spaceport or spacecraft launch or
landing area in the same manner as a county or municipal airport, landing field, or
landing and take-off strip, including the right of condemnation and the right to
protect aerial approaches; and 3) expanding an existing loan program administered
by DOT to facilitate acquisition by local governments or airport owners of land for
airport projects to include spaceport projects as well, but with a maximum total
outstanding balance of loans for spaceport projects of $10,000,000 rather than the
$6,500,000 for airport projects and with a different funding source.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB352-SSA1,5,3
17.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
2includes an authority created under
subch. II of ch. 114 or ch. 231, 232, 233, 234, or
3237.
SB352-SSA1,5,95
13.172
(1) In this section, "agency" means an office, department, agency,
6institution of higher education, association, society or other body in state
7government created or authorized to be created by the constitution or any law, which
8is entitled to expend moneys appropriated by law, including the legislature and the
9courts, and any authority created in
subch. II of ch. 114 or ch. 231, 233
, or 234.
SB352-SSA1,5,1411
13.62
(2) "Agency" means any board, commission, department, office, society,
12institution of higher education, council or committee in the state government, or any
13authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, or 237, except that
14the term does not include a council or committee of the legislature.
SB352-SSA1, s. 4
15Section
4. 13.94 (4) (a) 1. of the statutes is amended to read:
SB352-SSA1,6,516
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
17credentialing board, commission, independent agency, council or office in the
18executive branch of state government; all bodies created by the legislature in the
19legislative or judicial branch of state government; any public body corporate and
20politic created by the legislature including specifically the Fox River Navigational
21System Authority
and the Wisconsin Aerospace Authority, a professional baseball
22park district, a local professional football stadium district, a local cultural arts
23district and a family care district under s. 46.2895; every Wisconsin works agency
24under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch.
2549; technical college district boards; development zones designated under s. 560.71;
1every county department under s. 51.42 or 51.437; every nonprofit corporation or
2cooperative to which moneys are specifically appropriated by state law; and every
3corporation, institution, association or other organization which receives more than
450% of its annual budget from appropriations made by state law, including
5subgrantee or subcontractor recipients of such funds.
SB352-SSA1,6,17
713.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
8known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
9shall be strictly nonpartisan and shall at all times observe the confidential nature
10of the research requests received by it; however, with the prior approval of the
11requester in each instance, the bureau may duplicate the results of its research for
12distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
13designated employees shall at all times, with or without notice, have access to all
14state agencies, the University of Wisconsin Hospitals and Clinics Authority,
the
15Wisconsin Aerospace Authority, and the Fox River Navigational System Authority
16and to any books, records or other documents maintained by such agencies or
17authorities and relating to their expenditures, revenues, operations and structure.
SB352-SSA1,6,2219
16.002
(2) "Departments" means constitutional offices, departments and
20independent agencies and includes all societies, associations and other agencies of
21state government for which appropriations are made by law, but not including
22authorities created in
subch. II of ch. 114 or chs. 231, 232, 233, 234, 235, and 237.
SB352-SSA1,7,424
16.004
(4) Freedom of access. The secretary and such employees of the
25department as the secretary designates may enter into the offices of state agencies
1and authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and
2may examine their books and accounts and any other matter which in the secretary's
3judgment should be examined and may interrogate the agency's employees publicly
4or privately relative thereto.
SB352-SSA1,7,96
16.004
(5) Agencies and employees to cooperate. All state agencies and
7authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and their
8officers and employees, shall cooperate with the secretary and shall comply with
9every request of the secretary relating to his or her functions.
SB352-SSA1, s. 9
10Section
9. 16.004 (12) (a) of the statutes is amended to read:
SB352-SSA1,7,1711
16.004
(12) (a) In this subsection, "state agency" means an association,
12authority, board, department, commission, independent agency, institution, office,
13society or other body in state government created or authorized to be created by the
14constitution or any law, including the legislature, the office of the governor and the
15courts, but excluding the University of Wisconsin Hospitals and Clinics Authority
,
16the Wisconsin Aerospace Authority, and the Fox River Navigational System
17Authority.
SB352-SSA1,7,2319
16.01
(1) In this section, "agency" means any office, department, agency,
20institution of higher education, association, society or other body in state
21government created or authorized to be created by the constitution or any law which
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, and any authority created under
subch. II of ch. 114 or ch. 231, 233 or 234.
SB352-SSA1,8,6
116.045
(1) (a) "Agency" means an office, department, independent agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 232,
6233, 234, 235, or 237.
SB352-SSA1,8,98
16.41
(4) In this section, "authority" means a body created under
subch. II of
9ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,8,1211
16.417
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 12ch. 231, 232, 233, 234, 235
, or 237.
SB352-SSA1,8,2314
16.52
(7) Petty cash account. With the approval of the secretary, each agency
15which is authorized to maintain a contingent fund under s. 20.920 may establish a
16petty cash account from its contingent fund. The procedure for operation and
17maintenance of petty cash accounts and the character of expenditures therefrom
18shall be prescribed by the secretary. In this subsection, "agency" means an office,
19department, independent agency, institution of higher education, association,
20society or other body in state government created or authorized to be created by the
21constitution or any law, which is entitled to expend moneys appropriated by law,
22including the legislature and the courts, but not including an authority created in
23subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,9,6
116.528
(1) (a) "Agency" means an office, department, independent agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 233,
6234, or 237.