2005 - 2006 LEGISLATURE
September 28, 2005 - Introduced by Senators Leibham, Schultz, Brown and
Hansen, cosponsored by Representatives
Kestell, Suder, Davis, Jensen,
Albers, LeMahieu, Ott, Van Roy, Gronemus, Nelson, Van Akkeren and
Vruwink. Referred to Committee on Job Creation, Economic Development
and Consumer Affairs.
SB352,2,9
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 (1) (b), 13.94 (1) (g), 13.94 (4) (a) 1., 16.002 (2), 16.004 (4),
316.004 (5), 16.004 (12) (a), 16.01 (1), 16.045 (1) (a), 16.41 (4), 16.417 (1) (b), 16.52
4(7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.611 (2) (a) and (c), 16.70 (2), 16.75
5(1m), 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8), 16.838 (1) (b), 16.85
6(2), 16.865 (8), 19.42 (5), 20.395 (2) (dq), 20.395 (2) (dv), 20.395 (2) (dx), 23.175
7(1) (b), 25.50 (1) (d), 32.01 (1), 32.05 (intro.), 71.26 (1) (be), 77.54 (9a) (a), 84.072
8(3), 85.02 (1), 100.45 (1) (dm), 101.177 (1) (d), chapter 114 (title), 114.002 (1),
9114.002 (3), 114.04, 114.05, 114.07, 114.105, 114.11 (title), 114.11 (1), (2), (3), (4)
10and (5) (intro.), 114.12, 114.13, 114.134 (title), 114.134 (1), (2), (3) and (4) (c),
11114.135 (intro.), (1), (2), (3), (4), (6), (7) and (8), 114.136 (title), 114.136 (1) (a),
12(b) and (c), (2) (a), (3), (4) and (5), 114.151, 114.31 (1) and (4), 114.33 (12), 114.37
13(title), 230.03 (3), 281.75 (4) (b) 3., 285.59 (1) (b), 560.032 (1), 893.80 (1), 893.80
14(1g), 893.80 (3), 893.80 (4), 893.80 (5) and 893.80 (7); and
to create 24.61 (2) (a)
110., 25.17 (3) (b) 13., 32.02 (11m), 40.02 (54) (j), 66.0603 (1m) (a) 3u., 70.11
2(38m), 71.05 (1) (c) 7., 71.26 (1m) (h), 71.45 (1t) (h), subchapter I (title) of chapter
3114 [precedes 114.001], 114.002 (11m), 114.002 (18r), (18s) and (18t), 114.375,
4subchapter II of chapter 114 [precedes 114.60] and 219.09 (1) (g) of the statutes;
5relating to: creating the Wisconsin Aerospace Authority to develop and
6operate 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 bill 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 bill, 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 bill provides WAA with numerous powers, including authorizing WAA to
do all of the following:
1. Design, develop, and operate spaceports, aerospace facilities, and spacecraft.
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 bill also imposes a number of duties on WAA, including requiring WAA to
do all of the following:
1. Establish a spaceport in the city of Sheboygan.
2. 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.
3. Provide and promote aerospace services, information, and business
opportunities in this state.
4. Coordinate efforts of various governmental units and private parties
interested in the promotion of space-related industry.
5. 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.
6. 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
and estimate of costs and funding for design, development, and operation of initially
planned spaceports, aerospace facilities, and spacecraft.
The bill 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 bill authorizes WAA to have no more than $100,000,000
in outstanding bonds at any one time. The bill creates an individual and corporate
income tax exemption for interest on bonds issued by WAA.
Under the bill, state funding for WAA is provided from the Department of
Transportation's (DOT) appropriation for airports and air navigation, but the bill
does not provide any increase in this appropriation. Also under the bill, any project
to acquire, construct, or improve a spaceport or spaceport facility, other than a
hangar, must be funded from this DOT appropriation 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. Unlike other state-created authorities, WAA is not treated like a
state agency in the following respects: 1) it is not subject to auditing by the
Legislative Audit Bureau; and 2) the Code of Ethics for Public Officials and
Employees does not cover 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 bill 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.
Current law provides limited immunity for volunteer fire companies, political
corporations, governmental subdivisions and agencies thereof, and for officers,
officials, agents, or employees of these entities, for acts done in an official capacity
or in the course of employment. Claimants must generally follow a specified claims
procedure and liability for damages is generally limited to $50,000 except that no
liability may be imposed for performance of a discretionary duty or for punitive
damages. This bill provides the WAA and its officers, agents, and employees with the
same limited immunity.
This bill will be referred to the Joint Survey Committee on Retirement Systems
for a detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB352, s. 1
1Section
1. 7.33 (1) (c) of the statutes is amended to read:
SB352,5,42
7.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
3includes an authority created under
subch. II of ch. 114 or ch. 231, 232, 233, 234, or
4237.
SB352, s. 2
5Section
2. 13.172 (1) of the statutes is amended to read:
SB352,5,106
13.172
(1) In this section, "agency" means an office, department, agency,
7institution of higher education, association, society or other body in state
8government created or authorized to be created by the constitution or any law, which
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, and any authority created in
subch. II of ch. 114 or ch. 231, 233
, or 234.
SB352, s. 3
11Section
3. 13.62 (2) of the statutes is amended to read:
SB352,5,1512
13.62
(2) "Agency" means any board, commission, department, office, society,
13institution of higher education, council or committee in the state government, or any
14authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, or 237, except that
15the term does not include a council or committee of the legislature.
SB352, s. 4
16Section
4. 13.94 (1) (b) of the statutes is amended to read:
SB352,6,1117
13.94
(1) (b) Audit the records of every state department, board, commission,
18independent agency
, or authority
other than the Wisconsin Aerospace Authority at
19least once each 5 years and audit the records of other departments as defined in sub.
20(4) when the state auditor deems it advisable or when he or she is so directed and,
1in conjunction therewith, reconcile the records of the department audited with those
2of the department of administration. Audits of the records of a county, city, village,
3town or school district may be performed only as provided in par. (m). Within 30 days
4after completion of any such audit, the bureau shall file with the chief clerk of each
5house of the legislature, the governor, the department of administration, the
6legislative reference bureau, the joint committee on finance, the legislative fiscal
7bureau and the department audited, a detailed report thereof, including its
8recommendations for improvement and efficiency and including specific instances,
9if any, of illegal or improper expenditures. The chief clerks shall distribute the report
10to the joint legislative audit committee, the appropriate standing committees of the
11legislature and the joint committee on legislative organization.
SB352, s. 5
12Section
5. 13.94 (1) (g) of the statutes is amended to read:
SB352,6,2213
13.94
(1) (g) Require each state department, board, commission, independent
14agency
, or authority
other than the Wisconsin Aerospace Authority to file with the
15bureau on or before September 1 of each year a report on all receivables due the state
16as of the preceding June 30 which were occasioned by activities of the reporting unit.
17The report may also be required of other departments, except counties, cities,
18villages, towns and school districts. The report shall show the aggregate amount of
19such receivables according to fiscal year of origin and collections thereon during the
20fiscal year preceding the report. The state auditor may require any department to
21file with the bureau a detailed list of the receivables comprising the aggregate
22amounts shown on the reports prescribed by this paragraph.
SB352, s. 6
23Section
6. 13.94 (4) (a) 1. of the statutes is amended to read:
SB352,7,1324
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
25credentialing board, commission, independent agency, council or office in the
1executive branch of state government; all bodies created by the legislature in the
2legislative or judicial branch of state government; any public body corporate and
3politic created by the legislature
, except the Wisconsin Aerospace Authority, and 4including specifically the Fox River Navigational System Authority, a professional
5baseball park district, a local professional football stadium district, a local cultural
6arts district and a family care district under s. 46.2895; every Wisconsin works
7agency under subch. III of ch. 49; every provider of medical assistance under subch.
8IV of ch. 49; technical college district boards; development zones designated under
9s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit
10corporation or cooperative to which moneys are specifically appropriated by state
11law; and every corporation, institution, association or other organization which
12receives more than 50% of its annual budget from appropriations made by state law,
13including subgrantee or subcontractor recipients of such funds.
SB352, s. 7
14Section
7. 16.002 (2) of the statutes is amended to read:
SB352,7,1815
16.002
(2) "Departments" means constitutional offices, departments and
16independent agencies and includes all societies, associations and other agencies of
17state government for which appropriations are made by law, but not including
18authorities created in
subch. II of ch. 114 or chs. 231, 232, 233, 234, 235, and 237.
SB352, s. 8
19Section
8. 16.004 (4) of the statutes is amended to read:
SB352,7,2520
16.004
(4) Freedom of access. The secretary and such employees of the
21department as the secretary designates may enter into the offices of state agencies
22and authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and
23may examine their books and accounts and any other matter which in the secretary's
24judgment should be examined and may interrogate the agency's employees publicly
25or privately relative thereto.
SB352, s. 9
1Section
9. 16.004 (5) of the statutes is amended to read:
SB352,8,52
16.004
(5) Agencies and employees to cooperate. All state agencies and
3authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and their
4officers and employees, shall cooperate with the secretary and shall comply with
5every request of the secretary relating to his or her functions.
SB352, s. 10
6Section
10. 16.004 (12) (a) of the statutes is amended to read:
SB352,8,137
16.004
(12) (a) In this subsection, "state agency" means an association,
8authority, board, department, commission, independent agency, institution, office,
9society or other body in state government created or authorized to be created by the
10constitution or any law, including the legislature, the office of the governor and the
11courts, but excluding the University of Wisconsin Hospitals and Clinics Authority
,
12the Wisconsin Aerospace Authority, and the Fox River Navigational System
13Authority.
SB352, s. 11
14Section
11. 16.01 (1) of the statutes is amended to read:
SB352,8,1915
16.01
(1) In this section, "agency" means any office, department, agency,
16institution of higher education, association, society or other body in state
17government created or authorized to be created by the constitution or any law which
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, and any authority created under
subch. II of ch. 114 or ch. 231, 233 or 234.
SB352, s. 12
20Section
12. 16.045 (1) (a) of the statutes is amended to read:
SB352,9,221
16.045
(1) (a) "Agency" means an office, department, independent agency,
22institution of higher education, association, society or other body in state
23government created or authorized to be created by the constitution or any law, which
24is entitled to expend moneys appropriated by law, including the legislature and the
1courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 232,
2233, 234, 235, or 237.
SB352, s. 13
3Section
13. 16.41 (4) of the statutes is amended to read:
SB352,9,54
16.41
(4) In this section, "authority" means a body created under
subch. II of
5ch. 114 or ch. 231, 233, 234, or 237.
SB352, s. 14
6Section
14. 16.417 (1) (b) of the statutes is amended to read:
SB352,9,87
16.417
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 8ch. 231, 232, 233, 234, 235
, or 237.
SB352, s. 15
9Section
15. 16.52 (7) of the statutes is amended to read:
SB352,9,1910
16.52
(7) Petty cash account. With the approval of the secretary, each agency
11which is authorized to maintain a contingent fund under s. 20.920 may establish a
12petty cash account from its contingent fund. The procedure for operation and
13maintenance of petty cash accounts and the character of expenditures therefrom
14shall be prescribed by the secretary. In this subsection, "agency" means an office,
15department, independent agency, institution of higher education, association,
16society or other body in state government created or authorized to be created by the
17constitution or any law, which is entitled to expend moneys appropriated by law,
18including the legislature and the courts, but not including an authority created in
19subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352, s. 16
20Section
16. 16.528 (1) (a) of the statutes is amended to read:
SB352,9,2421
16.528
(1) (a) "Agency" means an office, department, independent agency,
22institution of higher education, association, society or other body in state
23government created or authorized to be created by the constitution or any law, which
24is entitled to expend moneys appropriated by law, including the legislature and the
1courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 233,
2234, or 237.
SB352, s. 17
3Section
17. 16.53 (2) of the statutes is amended to read:
SB352,10,114
16.53
(2) Improper invoices. If an agency receives an improperly completed
5invoice, the agency shall notify the sender of the invoice within 10 working days after
6it receives the invoice of the reason it is improperly completed. In this subsection,
7"agency" means an office, department, independent agency, institution of higher
8education, association, society or other body in state government created or
9authorized to be created by the constitution or any law, which is entitled to expend
10moneys appropriated by law, including the legislature and the courts, but not
11including an authority created in
subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352, s. 18
12Section
18. 16.54 (9) (a) 1. of the statutes is amended to read:
SB352,10,1813
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
14institution of higher education, association, society or other body in state
15government created or authorized to be created by the constitution or any law, which
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 233,
18234, or 237.
SB352, s. 19
19Section
19. 16.611 (2) (a) and (c) of the statutes are amended to read:
SB352,11,320
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
21transfer of public records and records of the University of Wisconsin Hospitals and
22Clinics Authority
and of the Wisconsin Aerospace Authority to optical disk or
23electronic format and for the maintenance of such records stored in optical disk or
24electronic format, including procedures to ensure the authenticity, accuracy,
25reliability and accessibility of any public records or records of the University of
1Wisconsin Hospitals and Clinics Authority
or of the Wisconsin Aerospace Authority 2so transferred and procedures to ensure that such records are protected from
3unauthorized destruction.
SB352,11,74
(c) The department shall prescribe, by rule, qualitative standards for optical
5disks and for copies of documents generated from optical disks used to store public
6records and records of the University of Wisconsin Hospitals and Clinics Authority
7and of the Wisconsin Aerospace Authority.
SB352, s. 20
8Section
20. 16.70 (2) of the statutes is amended to read:
SB352,11,109
16.70
(2) "Authority" means a body created under
subch. II of ch. 114 or ch. 231,
10232, 233, 234, 235, or 237.
SB352, s. 21
11Section
21. 16.75 (1m) of the statutes is amended to read:
SB352,11,2412
16.75
(1m) The department shall award each order or contract for materials,
13supplies or equipment on the basis of life cycle cost estimates, whenever such action
14is appropriate. Each authority other than the University of Wisconsin Hospitals and
15Clinics Authority
and the Wisconsin Aerospace Authority shall award each order or
16contract for materials, supplies or equipment on the basis of life cycle cost estimates,
17whenever such action is appropriate. The terms, conditions and evaluation criteria
18to be applied shall be incorporated in the solicitation of bids or proposals. The life
19cycle cost formula may include, but is not limited to, the applicable costs of energy
20efficiency, acquisition and conversion, money, transportation, warehousing and
21distribution, training, operation and maintenance and disposition or resale. The
22department shall prepare documents containing technical guidance for the
23development and use of life cycle cost estimates, and shall make the documents
24available to local governmental units.
SB352, s. 22
1Section
22. 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8) of the statutes
2are amended to read:
SB352,12,113
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
4Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
5Aerospace Authority, and the Bradley Center Sports and Entertainment
6Corporation shall include in all contracts executed by them a provision obligating the
7contractor not to discriminate against any employee or applicant for employment
8because of age, race, religion, color, handicap, sex, physical condition, developmental
9disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
10or national origin and, except with respect to sexual orientation, obligating the
11contractor to take affirmative action to ensure equal employment opportunities.
SB352,13,2
12(2) Contracting agencies, the University of Wisconsin Hospitals and Clinics
13Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
14Authority, and the Bradley Center Sports and Entertainment Corporation shall
15include the following provision in every contract executed by them: "In connection
16with the performance of work under this contract, the contractor agrees not to
17discriminate against any employee or applicant for employment because of age, race,
18religion, color, handicap, sex, physical condition, developmental disability as defined
19in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
20not be limited to, the following: employment, upgrading, demotion or transfer;
21recruitment or recruitment advertising; layoff or termination; rates of pay or other
22forms of compensation; and selection for training, including apprenticeship. Except
23with respect to sexual orientation, the contractor further agrees to take affirmative
24action to ensure equal employment opportunities. The contractor agrees to post in
25conspicuous places, available for employees and applicants for employment, notices
1to be provided by the contracting officer setting forth the provisions of the
2nondiscrimination clause".
SB352,13,7
3(4) Contracting agencies, the University of Wisconsin Hospitals and Clinics
4Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
5Authority, and the Bradley Center Sports and Entertainment Corporation shall take
6appropriate action to revise the standard government contract forms under this
7section.
SB352,13,20
8(5) The head of each contracting agency and the boards of directors of the
9University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
10System Authority,
the Wisconsin Aerospace Authority, and the Bradley Center
11Sports and Entertainment Corporation shall be primarily responsible for obtaining
12compliance by any contractor with the nondiscrimination and affirmative action
13provisions prescribed by this section, according to procedures recommended by the
14department. The department shall make recommendations to the contracting
15agencies and the boards of directors of the University of Wisconsin Hospitals and
16Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
17Aerospace Authority, and the Bradley Center Sports and Entertainment
18Corporation for improving and making more effective the nondiscrimination and
19affirmative action provisions of contracts. The department shall promulgate such
20rules as may be necessary for the performance of its functions under this section.
SB352,14,2
21(6) The department may receive complaints of alleged violations of the
22nondiscrimination provisions of such contracts. The department shall investigate
23and determine whether a violation of this section has occurred. The department may
24delegate this authority to the contracting agency, the University of Wisconsin
25Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
1Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
2Corporation for processing in accordance with the department's procedures.
SB352,14,9
3(7) (intro.) When a violation of this section has been determined by the
4department, the contracting agency, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
6Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation,
7the contracting agency, the University of Wisconsin Hospitals and Clinics Authority,
8the Fox River Navigational System Authority,
the Wisconsin Aerospace Authority, 9or the Bradley Center Sports and Entertainment Corporation shall:
SB352,14,1410
(d) Direct the violating party to take immediate steps to prevent further
11violations of this section and to report its corrective action to the contracting agency,
12the University of Wisconsin Hospitals and Clinics Authority, the Fox River
13Navigational System Authority,
the Wisconsin Aerospace Authority, or the Bradley
14center sports and entertainment corporation.
SB352,15,2
15(8) If further violations of this section are committed during the term of the
16contract, the contracting agency, the Fox River Navigational System Authority,
the
17Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
18Corporation may permit the violating party to complete the contract, after complying
19with this section, but thereafter the contracting agency, the Fox River Navigational
20System Authority,
the Wisconsin Aerospace Authority, or the Bradley Center Sports
21and Entertainment Corporation shall request the department to place the name of
22the party on the ineligible list for state contracts, or the contracting agency, the Fox
23River Navigational System Authority,
the Wisconsin Aerospace Authority, or the
24Bradley Center Sports and Entertainment Corporation may terminate the contract
1without liability for the uncompleted portion or any materials or services purchased
2or paid for by the contracting party for use in completing the contract.