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:
SB6-SSA1,13,219
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
20further violations of this section and to report its corrective action to the contracting
21agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
22Navigational System Authority, the Wisconsin Aerospace Authority, the Health
23Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
24Authority, the Wisconsin Quality Home Care Authority,
the Wisconsin Economic
1Development Corporation, or the Bradley Center Sports and Entertainment
2Corporation.
SB6-SSA1, s. 32
3Section
32. 16.765 (8) of the statutes is amended to read:
SB6-SSA1,13,234
16.765
(8) If further violations of this section are committed during the term
5of the contract, the contracting agency, the Fox River Navigational System Authority,
6the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
7Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
8Care Authority,
the Wisconsin Economic Development Corporation, or the Bradley
9Center Sports and Entertainment Corporation may permit the violating party to
10complete the contract, after complying with this section, but thereafter the
11contracting agency, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
13Fox River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
14Wisconsin Economic Development Corporation, or the Bradley Center Sports and
15Entertainment Corporation shall request the department to place the name of the
16party on the ineligible list for state contracts, or the contracting agency, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Health
18Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
19Authority, the Wisconsin Quality Home Care Authority,
the Wisconsin Economic
20Development Corporation, or the Bradley Center Sports and Entertainment
21Corporation may terminate the contract without liability for the uncompleted
22portion or any materials or services purchased or paid for by the contracting party
23for use in completing the contract.
SB6-SSA1, s. 33
24Section
33. 16.85 (2) of the statutes is amended to read:
SB6-SSA1,14,10
116.85
(2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, "agency" means an
6office, department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, which is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237,
238, or 279.
SB6-SSA1, s. 34
11Section
34. 16.865 (8) of the statutes is amended to read:
SB6-SSA1,15,212
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
13proportionate share of the estimated costs attributable to programs administered by
14the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
15may charge premiums to agencies to finance costs under this subsection and pay the
16costs from the appropriation on an actual basis. The department shall deposit all
17collections under this subsection in the appropriation account under s. 20.505 (2) (k).
18Costs assessed under this subsection may include judgments, investigative and
19adjustment fees, data processing and staff support costs, program administration
20costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
21subsection, "agency" means an office, department, independent agency, institution
22of higher education, association, society, or other body in state government created
23or authorized to be created by the constitution or any law, that is entitled to expend
24moneys appropriated by law, including the legislature and the courts, but not
1including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
252, 231, 232, 233, 234, 235, 237,
238, or 279.
SB6-SSA1, s. 35
3Section
35. 19.42 (10) (sm) of the statutes is created to read:
SB6-SSA1,15,64
19.42
(10) (sm) The members of the board of directors of the Wisconsin
5Economic Development Corporation employed in the private sector who are
6appointed by the speaker of the assembly and the senate majority leader.
SB6-SSA1, s. 36
7Section
36. 19.42 (13) (om) of the statutes is created to read:
SB6-SSA1,15,108
19.42
(13) (om) The members of the board of directors of the Wisconsin
9Economic Development Corporation employed in the private sector who are
10appointed by the speaker of the assembly and the senate majority leader.
SB6-SSA1, s. 37
11Section
37. 20.005 (3) (schedule) of the statutes: at the appropriate place,
12insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB6-SSA1,15,16
1420.192 Wisconsin Economic Development Corporation. There is
15appropriated to the Wisconsin Economic Development Corporation for the following
16program:
SB6-SSA1,16,4
1(1) Promotion of economic development. (a)
Operations and programs. As
2a continuing appropriation, the amounts in the schedule for the operations of the
3Wisconsin Economic Development Corporation and for funding economic
4development programs developed and implemented under s. 238.03.
SB6-SSA1,16,85
(k)
Transferred general fund moneys from department of commerce. All moneys
6transferred under 2011 Wisconsin Act .... (this act), section 9155 (2), for the
7operations of the Wisconsin Economic Development Corporation and for funding
8economic development programs developed and implemented under s. 238.03.
SB6-SSA1,16,119
(m)
Federal aid; programs. All moneys received from the federal government
10as authorized by the governor under s. 16.54, for the purposes of funding programs
11administered by the Wisconsin Economic Development Corporation.
SB6-SSA1, s. 39
12Section
39. 40.02 (28) of the statutes is amended to read:
SB6-SSA1,16,2313
40.02
(28) "Employer" means the state, including each state agency, any
14county, city, village, town, school district, other governmental unit or
15instrumentality of 2 or more units of government now existing or hereafter created
16within the state, any federated public library system established under s. 43.19
17whose territory lies within a single county with a population of 500,000 or more, a
18local exposition district created under subch. II of ch. 229,
the Wisconsin Economic
19Development Corporation created under ch. 238, a transit authority created under
20s. 66.1039, and a long-term care district created under s. 46.2895, except as provided
21under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts
22district created under subch. V of ch. 229. Each employer shall be a separate legal
23jurisdiction for OASDHI purposes.
SB6-SSA1, s. 40
24Section
40. 40.02 (36) of the statutes is amended to read:
SB6-SSA1,17,11
140.02
(36) "Governing body" means the legislature or the head of each state
2agency with respect to employees of that agency for the state, the common council
3in cities, the village board in villages, the town board in towns, the county board in
4counties, the school board in school districts, or the board, commission
, or other
5governing body having the final authority for any other unit of government, for any
6agency or instrumentality of 2 or more units of government, for any federated public
7library system established under s. 43.19 whose territory lies within a single county
8with a population of 500,000 or more, for a local exposition district created under
9subch. II of ch. 229
, for the Wisconsin Economic Development Corporation created
10under ch. 238, or for a long-term care district created under s. 46.2895, but does not
11include a local cultural arts district created under subch. V of ch. 229.
SB6-SSA1, s. 41
12Section
41. 40.02 (54) (m) of the statutes is created to read:
SB6-SSA1,17,1413
40.02
(54) (m) The Wisconsin Economic Development Corporation, but only if
14the corporation elects to become a participating employer under s. 40.21 (1).
SB6-SSA1, s. 42
15Section
42. 70.11 (38r) of the statutes is created to read:
SB6-SSA1,17,1916
70.11
(38r) Economic Development Corporation. All property owned by the
17Wisconsin Economic Development Corporation, provided that use of the property is
18primarily related to the purposes of the Wisconsin Economic Development
19Corporation.
SB6-SSA1, s. 43
20Section
43. 71.26 (1) (be) of the statutes is amended to read:
SB6-SSA1,17,2521
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
22Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
23Authority, of the Wisconsin Quality Home Care Authority, of the Fox River
24Navigational System Authority,
of the Wisconsin Economic Development
25Corporation, and of the Wisconsin Aerospace Authority.
SB6-SSA1, s. 44
1Section
44. 77.54 (9a) (a) of the statutes is amended to read:
SB6-SSA1,18,62
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
3Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
4Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care
5Authority,
the Wisconsin Economic Development Corporation, and the Fox River
6Navigational System Authority.
SB6-SSA1, s. 45
7Section
45. 100.45 (1) (dm) of the statutes is amended to read:
SB6-SSA1,18,178
100.45
(1) (dm) "State agency" means any office, department, agency,
9institution of higher education, association, society
, or other body in state
10government created or authorized to be created by the constitution or any law which
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, the Wisconsin Housing and Economic Development Authority, the Bradley
13Center Sports and Entertainment Corporation, the University of Wisconsin
14Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
15Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
16Authority,
the Wisconsin Economic Development Corporation, and the Fox River
17Navigational System Authority.
SB6-SSA1, s. 46
18Section
46. 101.177 (1) (d) of the statutes is amended to read:
SB6-SSA1,19,419
101.177
(1) (d) "State 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, that
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, the Wisconsin Housing and Economic Development Authority, the Bradley
24Center Sports and Entertainment Corporation, the University of Wisconsin
25Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
1Quality Home Care Authority,
the Wisconsin Economic Development Corporation, 2and the Wisconsin Health and Educational Facilities Authority, but excluding the
3Health Insurance Risk-Sharing Plan Authority and the Lower Fox River
4Remediation Authority.
SB6-SSA1, s. 47
5Section
47. 230.03 (3) of the statutes is amended to read:
SB6-SSA1,19,156
230.03
(3) "Agency" means any board, commission, committee, council, or
7department in state government or a unit thereof created by the constitution or
8statutes if such board, commission, committee, council, department, unit, or the
9head thereof, is authorized to appoint subordinate staff by the constitution or
10statute, except a legislative or judicial board, commission, committee, council,
11department, or unit thereof or an authority created under subch. II of ch. 114 or
12subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237,
238, or 279.
13"Agency" does not mean any local unit of government or body within one or more local
14units of government that is created by law or by action of one or more local units of
15government.
SB6-SSA1, s. 48
16Section
48. Chapter 238 of the statutes is created to read:
SB6-SSA1,19,1717
Chapter 238
SB6-SSA1,19,19
18Wisconsin economic development
19
corporation
SB6-SSA1,19,20
20238.01 Definitions. In this chapter, except as otherwise provided:
SB6-SSA1,19,21
21(1) "Board" means the board of directors of the corporation.
SB6-SSA1,19,22
22(2) "Corporation" means the Wisconsin Economic Development Corporation.
SB6-SSA1,19,25
23(3) "Economic development program" means a program or activity having the
24primary purpose of encouraging the establishment and growth of business in this
25state, including the creation and retention of jobs.
SB6-SSA1,20,14
1238.02 Creation and organization of corporation. (1) There is created
2an authority, which is a public body corporate and politic, to be known as the
3"Wisconsin Economic Development Corporation." The members of the board shall
4consist of the governor, who shall serve as chairperson of the board, and 6 members
5nominated by the governor, and with the advice and consent of the senate appointed,
6to serve at the pleasure of the governor; 3 members appointed by the speaker of the
7assembly, consisting of one majority and one minority party representative to the
8assembly, appointed as are the members of standing committees in the assembly, and
9one person employed in the private sector, to serve at the speaker's pleasure; and 3
10members appointed by the senate majority leader, consisting of one majority and one
11minority party senator, appointed as are members of standing committees in the
12senate, and one person employed in the private sector, to serve at the majority
13leader's pleasure. The secretary of administration and the secretary of revenue shall
14also serve on the board as nonvoting members.
SB6-SSA1,20,18
15(2) A majority of the voting members of the board constitutes a quorum for the
16purpose of conducting its business and exercising its powers and for all other
17purposes, notwithstanding the existence of any vacancies. Action may be taken by
18the board upon a vote of a majority of the voting members present.
SB6-SSA1,20,23
19(3) A chief executive officer shall be nominated by the governor, and with the
20advice and consent of the senate appointed, to serve at the pleasure of the governor.
21The board may delegate to the chief executive officer any powers and duties the board
22considers proper. The chief executive officer shall receive such compensation as may
23be determined by the board.
SB6-SSA1,21,4
24238.03 Duties of board. (1) The board shall develop and implement economic
25programs to provide business support and expertise and financial assistance to
1companies that are investing and creating jobs in Wisconsin and to support new
2business start-ups and business expansion and growth in Wisconsin. The board may
3also develop and implement any other programs related to economic development in
4Wisconsin.
SB6-SSA1,21,6
5(2) For each program developed and implemented by the board, the board shall
6do all of the following:
SB6-SSA1,21,87
(a) Establish clear and measurable goals for the program that are tied to
8statutory or programmatic policy objectives.
SB6-SSA1,21,109
(b) Establish at least one quantifiable benchmark for each program goal
10described in par. (a).
SB6-SSA1,21,1411
(c) Require that each recipient of a grant or loan under the program submit a
12report to the corporation. Each contract with a recipient of a grant or loan under the
13program must specify the frequency and format of the report to be submitted to the
14corporation and the performance measures to be included in the report.
SB6-SSA1,21,1715
(d) Establish a method for evaluating the projected results of the program with
16actual outcomes as determined by evaluating the information described in pars. (a)
17and (b).
SB6-SSA1,21,1918
(e) Annually and independently verify, from a sample of grants and loans, the
19accuracy of the information required to be reported under par. (c).
SB6-SSA1,21,21
20(3) The board shall require for each program developed and implemented by
21the board all of the following:
SB6-SSA1,22,322
(a) That each recipient of a grant or loan under the program of at least $100,000
23submit to the corporation a verified statement describing the recipient's expenditure
24of the grant or loan funds, signed by both an independent certified public accountant
25and the director or principal officer of the recipient to attest to the accuracy of the
1verified statement. The board shall also require the recipient of such a grant or loan
2to make available for inspection the documents supporting the verified statement.
3The board must include the requirement in the contract with grant or loan recipients.
SB6-SSA1,22,74
(b) That the board, if a recipient of a grant or loan under the program submits
5false or misleading information to the corporation or fails to comply with the terms
6of a contract entered into with the corporation, without providing satisfactory
7explanation for the noncompliance, do all of the following:
SB6-SSA1,22,88
1. Recoup payments made to the recipient.
SB6-SSA1,22,99
2. Withhold future payments to be made to the recipient.
SB6-SSA1,22,1010
3. Impose a financial penalty on the recipient.
SB6-SSA1,22,13
11238.04 Powers of board. The board shall have all the powers necessary or
12convenient to carry out the purposes and provisions of this chapter. In addition to
13all other powers granted the board under this chapter, the board may specifically:
SB6-SSA1,22,15
14(1) Adopt, amend, and repeal any bylaws, policies, and procedures for the
15regulation of its affairs and the conduct of its business.
SB6-SSA1,22,16
16(2) Have a seal and alter the seal at pleasure.
SB6-SSA1,22,17
17(3) Maintain an office.
SB6-SSA1,22,18
18(4) Sue and be sued.
SB6-SSA1,22,20
19(5) Accept gifts, grants, loans, or other contributions from private or public
20sources.
SB6-SSA1,22,22
21(6) Establish the corporation's annual budget and monitor the fiscal
22management of the corporation.
SB6-SSA1,22,24
23(7) Execute contracts and other instruments required for the operation of the
24corporation.
SB6-SSA1,23,2
1(8) Employ any officers, agents, and employees that it may require and
2determine their qualifications, duties, and compensation.
SB6-SSA1,23,3
3(9) Issue notes, bonds, and any other obligations.
SB6-SSA1,23,4
4(10) Make loans and provide grants.
SB6-SSA1,23,5
5(11) Incur debt.
SB6-SSA1,23,6
6(12) Procure liability insurance.
SB6-SSA1,23,8
7(13) Elect to become a participating employer in the Wisconsin Retirement
8System under s. 40.21 (1).
SB6-SSA1,23,12
9238.05 Department of commerce assistance and coordination. (1) If
10requested by the board, the department of commerce shall provide staff or other
11resources to assist the board in carrying out the purposes and provisions of this
12chapter.
SB6-SSA1,23,14
13(2) To the greatest extent practicable, the department of commerce and the
14board shall seek to coordinate their economic development programs.