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January 2011 Special Session
2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 6
January 31, 2011 - Offered by Joint Committee on Finance.
SB6-SSA1,1,11 1An Act to amend 1.12 (1) (b), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.94 (1) (mm),
213.94 (4) (a) 1., 13.95 (intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a),
316.045 (1) (a), 16.15 (1) (ab), 16.41 (4), 16.417 (1) (a), 16.417 (1) (a), 16.417 (1)
4(b), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.765 (1), 16.765 (2),
516.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2),
616.865 (8), 40.02 (28), 40.02 (36), 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm),
7101.177 (1) (d), 230.03 (3), 281.75 (4) (b) 3. and 285.59 (1) (b); and to create
813.48 (10) (b) 6., 13.48 (12) (b) 5., 13.94 (1) (dr), 13.94 (1s) (c) 5., 19.42 (10) (sm),
919.42 (13) (om), 20.192, 40.02 (54) (m), 70.11 (38r) and chapter 238 of the
10statutes; relating to: creation of an authority, to be known as the Wisconsin
11Economic Development Corporation, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB6-SSA1, s. 1
1Section 1. 1.12 (1) (b) of the statutes is amended to read:
SB6-SSA1,2,72 1.12 (1) (b) "State agency" means an office, department, agency, institution of
3higher education, the legislature, a legislative service agency, the courts, a judicial
4branch agency, an association, society, or other body in state government that is
5created or authorized to be created by the constitution or by law, for which
6appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan
7Authority and the Wisconsin Economic Development Corporation.
SB6-SSA1, s. 2 8Section 2. 13.172 (1) of the statutes is amended to read:
SB6-SSA1,2,149 13.172 (1) In this section, "agency" means an office, department, agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
14ch. 52, 231, 233, 234, 238, or 279.
SB6-SSA1, s. 3 15Section 3. 13.48 (10) (b) 6. of the statutes is created to read:
SB6-SSA1,2,1616 13.48 (10) (b) 6. Projects of the Wisconsin Economic Development Corporation.
SB6-SSA1, s. 4 17Section 4. 13.48 (12) (b) 5. of the statutes is created to read:
SB6-SSA1,2,1918 13.48 (12) (b) 5. A facility constructed by or for the Wisconsin Economic
19Development Corporation.
SB6-SSA1, s. 5 20Section 5. 13.48 (13) (a) of the statutes is amended to read:
SB6-SSA1,3,821 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or
22facility that is constructed for the benefit of or use of the state, any state agency,
23board, commission or department, the University of Wisconsin Hospitals and Clinics
24Authority, the Fox River Navigational System Authority, the Wisconsin Quality
25Home Care Authority, the Wisconsin Economic Development Corporation, or any

1local professional baseball park district created under subch. III of ch. 229 if the
2construction is undertaken by the department of administration on behalf of the
3district, shall be in compliance with all applicable state laws, rules, codes and
4regulations but the construction is not subject to the ordinances or regulations of the
5municipality in which the construction takes place except zoning, including without
6limitation because of enumeration ordinances or regulations relating to materials
7used, permits, supervision of construction or installation, payment of permit fees, or
8other restrictions.
SB6-SSA1, s. 6 9Section 6. 13.62 (2) of the statutes is amended to read:
SB6-SSA1,3,1410 13.62 (2) "Agency" means any board, commission, department, office, society,
11institution of higher education, council, or committee in the state government, or any
12authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
13233, 234, 237, 238, or 279, except that the term does not include a council or
14committee of the legislature.
SB6-SSA1, s. 7 15Section 7. 13.94 (1) (dr) of the statutes is created to read:
SB6-SSA1,3,2116 13.94 (1) (dr) Biennially, beginning in 2013, conduct a financial audit of the
17Wisconsin Economic Development Corporation and a program evaluation audit of
18the economic development programs administered by the Wisconsin Economic
19Development Corporation under ch. 238. The legislative audit bureau shall file a
20copy of each audit report under this paragraph with the distributees specified in par.
21(b).
SB6-SSA1, s. 8 22Section 8. 13.94 (1) (mm) of the statutes is amended to read:
SB6-SSA1,4,723 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance
24evaluation audit of the economic development programs administered by the
25department of commerce, the University of Wisconsin System, the department of

1agriculture, trade and consumer protection, the department of natural resources, the
2Wisconsin Housing and Economic Development Authority, the Wisconsin Economic
3Development Corporation,
the department of tourism, the technical college system,
4and the department of transportation. In this paragraph, economic development
5program has the meaning given in s. 560.001 (1m). The legislative audit bureau shall
6file a copy of the report of the audit under this paragraph with the distributees
7specified in par. (b).
SB6-SSA1, s. 9 8Section 9. 13.94 (1s) (c) 5. of the statutes is created to read:
SB6-SSA1,4,109 13.94 (1s) (c) 5. The Wisconsin Economic Development Corporation for the cost
10of the audit required to be performed under sub. (1) (dr).
SB6-SSA1, s. 10 11Section 10. 13.94 (4) (a) 1. of the statutes is amended to read:
SB6-SSA1,5,312 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
13credentialing board, commission, independent agency, council or office in the
14executive branch of state government; all bodies created by the legislature in the
15legislative or judicial branch of state government; any public body corporate and
16politic created by the legislature including specifically the Wisconsin Quality Home
17Care Authority, the Fox River Navigational System Authority, the Lower Fox River
18Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin
19Economic Development Corporation,
a professional baseball park district, a local
20professional football stadium district, a local cultural arts district and a long-term
21care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
2249; every provider of medical assistance under subch. IV of ch. 49; technical college
23district boards; every county department under s. 51.42 or 51.437; every nonprofit
24corporation or cooperative or unincorporated cooperative association to which
25moneys are specifically appropriated by state law; and every corporation, institution,

1association or other organization which receives more than 50% of its annual budget
2from appropriations made by state law, including subgrantee or subcontractor
3recipients of such funds.
SB6-SSA1, s. 11 4Section 11. 13.95 (intro.) of the statutes is amended to read:
SB6-SSA1,5,18 513.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
6known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
7shall be strictly nonpartisan and shall at all times observe the confidential nature
8of the research requests received by it; however, with the prior approval of the
9requester in each instance, the bureau may duplicate the results of its research for
10distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
11designated employees shall at all times, with or without notice, have access to all
12state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
13Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
14the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
15Authority, the Wisconsin Economic Development Corporation, and the Fox River
16Navigational System Authority, and to any books, records, or other documents
17maintained by such agencies or authorities and relating to their expenditures,
18revenues, operations, and structure.
SB6-SSA1, s. 12 19Section 12. 16.002 (2) of the statutes is amended to read:
SB6-SSA1,5,2420 16.002 (2) "Departments" means constitutional offices, departments, and
21independent agencies and includes all societies, associations, and other agencies of
22state government for which appropriations are made by law, but not including
23authorities created in subch. II of ch. 114 or subch. III of ch. 149 and or in chs. ch. 52,
24231, 232, 233, 234, 235, 237, and 238, or 279.
SB6-SSA1, s. 13 25Section 13. 16.004 (4) of the statutes is amended to read:
SB6-SSA1,6,6
116.004 (4) Freedom of access. The secretary and such employees of the
2department as the secretary designates may enter into the offices of state agencies
3and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under
4chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts
5and any other matter that in the secretary's judgment should be examined and may
6interrogate the agency's employees publicly or privately relative thereto.
SB6-SSA1, s. 14 7Section 14. 16.004 (5) of the statutes is amended to read:
SB6-SSA1,6,128 16.004 (5) Agencies and employees to cooperate. All state agencies and
9authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs.
1052, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate
11with the secretary and shall comply with every request of the secretary relating to
12his or her functions.
SB6-SSA1, s. 15 13Section 15. 16.004 (12) (a) of the statutes is amended to read:
SB6-SSA1,6,2214 16.004 (12) (a) In this subsection, "state agency" means an association,
15authority, board, department, commission, independent agency, institution, office,
16society, or other body in state government created or authorized to be created by the
17constitution or any law, including the legislature, the office of the governor, and the
18courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
19the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
20Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
21Care Authority, the Wisconsin Economic Development Corporation, and the Fox
22River Navigational System Authority.
SB6-SSA1, s. 16 23Section 16. 16.045 (1) (a) of the statutes is amended to read:
SB6-SSA1,7,424 16.045 (1) (a) "Agency" means an office, department, independent agency,
25institution of higher education, association, society, or other body in state

1government created or authorized to be created by the constitution or any law, that
2is entitled to expend moneys appropriated by law, including the legislature and the
3courts, but not including an authority created in subch. II of ch. 114 or subch. III of
4ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
SB6-SSA1, s. 17 5Section 17. 16.15 (1) (ab) of the statutes is amended to read:
SB6-SSA1,7,106 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
7excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
8River Remediation Authority, the Wisconsin Quality Home Care Authority, the
9Wisconsin Economic Development Corporation,
and the Health Insurance
10Risk-Sharing Plan Authority.
SB6-SSA1, s. 18 11Section 18. 16.41 (4) of the statutes is amended to read:
SB6-SSA1,7,1312 16.41 (4) In this section, "authority" means a body created under subch. II of
13ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.
SB6-SSA1, s. 19 14Section 19. 16.417 (1) (a) of the statutes is amended to read:
SB6-SSA1,7,2015 16.417 (1) (a) "Agency" means an office, department, independent 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, that
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, but not including an authority or the body created under subch. III of ch. 149
20or under ch. 238.
SB6-SSA1, s. 20 21Section 20 . 16.417 (1) (a) of the statutes, as affected by 2011 Wisconsin Act ....
22(this act), is amended to read:
SB6-SSA1,8,323 16.417 (1) (a) "Agency" means an office, department, independent agency,
24institution of higher education, association, society, or other body in state
25government created or authorized to be created by the constitution or any law, that

1is entitled to expend moneys appropriated by law, including the legislature and the
2courts, but not including an authority or the body created under subch. III of ch. 149
3or under ch. 238.
SB6-SSA1, s. 21 4Section 21. 16.417 (1) (b) of the statutes is amended to read:
SB6-SSA1,8,65 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
6ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
SB6-SSA1, s. 22 7Section 22. 16.52 (7) of the statutes is amended to read:
SB6-SSA1,8,178 16.52 (7) Petty cash account. With the approval of the secretary, each agency
9that is authorized to maintain a contingent fund under s. 20.920 may establish a
10petty cash account from its contingent fund. The procedure for operation and
11maintenance of petty cash accounts and the character of expenditures therefrom
12shall be prescribed by the secretary. In this subsection, "agency" means an office,
13department, independent agency, institution of higher education, association,
14society, or other body in state government created or authorized to be created by the
15constitution or any law, that is entitled to expend moneys appropriated by law,
16including the legislature and the courts, but not including an authority created in
17subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
SB6-SSA1, s. 23 18Section 23. 16.528 (1) (a) of the statutes is amended to read:
SB6-SSA1,8,2419 16.528 (1) (a) "Agency" means an office, department, independent 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, that
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, but not including an authority created in subch. II of ch. 114 or subch. III of
24ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
SB6-SSA1, s. 24 25Section 24. 16.53 (2) of the statutes is amended to read:
SB6-SSA1,9,9
116.53 (2) Improper invoices. If an agency receives an improperly completed
2invoice, the agency shall notify the sender of the invoice within 10 working days after
3it receives the invoice of the reason it is improperly completed. In this subsection,
4"agency" means an office, department, independent agency, institution of higher
5education, association, society, or other body in state government created or
6authorized to be created by the constitution or any law, that is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
952, 231, 233, 234, 237, 238, or 279.
SB6-SSA1, s. 25 10Section 25. 16.54 (9) (a) 1. of the statutes is amended to read:
SB6-SSA1,9,1611 16.54 (9) (a) 1. "Agency" means an office, department, independent agency,
12institution of higher education, association, society or other body in state
13government created or authorized to be created by the constitution or any law, which
14is entitled to expend moneys appropriated by law, including the legislature and the
15courts, but not including an authority created in subch. II of ch. 114 or subch. III of
16ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
SB6-SSA1, s. 26 17Section 26. 16.765 (1) of the statutes is amended to read:
SB6-SSA1,9,2518 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
19Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
20Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
21Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
22Wisconsin Economic Development Corporation,
and the Bradley Center Sports and
23Entertainment Corporation shall include in all contracts executed by them a
24provision obligating the contractor not to discriminate against any employee or
25applicant for employment because of age, race, religion, color, handicap, sex, physical

1condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
2defined in s. 111.32 (13m), or national origin and, except with respect to sexual
3orientation, obligating the contractor to take affirmative action to ensure equal
4employment opportunities.
SB6-SSA1, s. 27 5Section 27. 16.765 (2) of the statutes is amended to read:
SB6-SSA1,10,236 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
10Wisconsin Economic Development Corporation,
and the Bradley Center Sports and
11Entertainment Corporation shall include the following provision in every contract
12executed by them: "In connection with the performance of work under this contract,
13the contractor agrees not to discriminate against any employee or applicant for
14employment because of age, race, religion, color, handicap, sex, physical condition,
15developmental disability as defined in s. 51.01 (5), sexual orientation or national
16origin. This provision shall include, but not be limited to, the following: employment,
17upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
18termination; rates of pay or other forms of compensation; and selection for training,
19including apprenticeship. Except with respect to sexual orientation, the contractor
20further agrees to take affirmative action to ensure equal employment opportunities.
21The contractor agrees to post in conspicuous places, available for employees and
22applicants for employment, notices to be provided by the contracting officer setting
23forth the provisions of the nondiscrimination clause".
SB6-SSA1, s. 28 24Section 28. 16.765 (5) of the statutes is amended to read:
SB6-SSA1,11,18
116.765 (5) The head of each contracting agency and the boards of directors of
2the University of Wisconsin Hospitals and Clinics Authority, the Fox River
3Navigational System Authority, the Wisconsin Aerospace Authority, the Health
4Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
5Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
6Development Corporation,
and the Bradley Center Sports and Entertainment
7Corporation shall be primarily responsible for obtaining compliance by any
8contractor with the nondiscrimination and affirmative action provisions prescribed
9by this section, according to procedures recommended by the department. The
10department shall make recommendations to the contracting agencies and the boards
11of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
12River Navigational System Authority, the Wisconsin Aerospace Authority, the
13Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
14Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
15Development Corporation,
and the Bradley Center Sports and Entertainment
16Corporation for improving and making more effective the nondiscrimination and
17affirmative action provisions of contracts. The department shall promulgate such
18rules as may be necessary for the performance of its functions under this section.
SB6-SSA1, s. 29 19Section 29. 16.765 (6) of the statutes is amended to read:
SB6-SSA1,12,420 16.765 (6) The department may receive complaints of alleged violations of the
21nondiscrimination provisions of such contracts. The department shall investigate
22and determine whether a violation of this section has occurred. The department may
23delegate this authority to the contracting agency, the University of Wisconsin
24Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
25Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,

1the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
2Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
3Sports and Entertainment Corporation for processing in accordance with the
4department's procedures.
SB6-SSA1, s. 30 5Section 30. 16.765 (7) (intro.) of the statutes is amended to read:
SB6-SSA1,12,176 16.765 (7) (intro.) When a violation of this section has been determined by the
7department, the contracting agency, the University of Wisconsin Hospitals and
8Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
9Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
10Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
11Wisconsin Economic Development Corporation,
or the Bradley Center Sports and
12Entertainment Corporation, the contracting agency, the University of Wisconsin
13Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
14Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
15the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
16Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
17Sports and Entertainment Corporation shall:
SB6-SSA1, s. 31 18Section 31. 16.765 (7) (d) of the statutes is amended to read:
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