LRB-0624/3
RAC/CMH/CTS:wlj&cjs:md
January 2011 Special Session
2011 - 2012 LEGISLATURE
January 11, 2011 - Introduced by
Committee on Assembly Organization, by
request of Governor Scott Walker. Referred to Committee on Jobs, Economy
and Small Business.
AB6,1,10
1An Act to amend 1.12 (1) (b), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.95 (intro.),
216.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab),
316.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.765
4(1), 16.765 (2), 16.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d), 16.765
5(8), 16.85 (2), 16.865 (8), 40.02 (28), 40.02 (36), 71.26 (1) (be), 77.54 (9a) (a),
6100.45 (1) (dm), 101.177 (1) (d), 230.03 (3), 281.75 (4) (b) 3. and 285.59 (1) (b);
7and
to create 13.48 (10) (b) 6., 13.48 (12) (b) 5., 20.192, 40.02 (54) (m), 70.11
8(38r) and chapter 238 of the statutes;
relating to: creation of an authority, to
9be known as the Wisconsin Economic Development Corporation, and making
10appropriations.
Analysis by the Legislative Reference Bureau
This bill creates an authority, which is a public body corporate and politic, to be
known as the Wisconsin Economic Development Corporation (WEDC). The WEDC
is governed by a board that consists of the governor, who shall serve as chairperson
of the board, and 11 members nominated by the governor, and with the advice and
consent of the senate appointed, to serve at the pleasure of the governor. The
secretary of administration and the secretary of revenue also serve on the board as
nonvoting members. The WEDC has a chief executive officer who is nominated by
the governor, and with the advice and consent of the senate appointed, to serve at the
pleasure of the governor. The board may delegate to the chief executive officer any
powers and duties the board considers proper.
Under the bill, the board must develop and implement economic programs to
provide business support and expertise and financial assistance to companies that
are investing and creating jobs in Wisconsin and to support new business start-ups
and business expansion and growth in Wisconsin. In addition, the board may
develop and implement any other programs related to economic development in
Wisconsin. The board is given all the powers necessary or convenient to carry out
its duties, as well as specific powers to conduct its corporate business. The bill
specifically requires the Department of Commerce (Commerce) to provide staff or
other resources to assist the board in carrying out its duties and requires that
Commerce and the board coordinate their economic development programs. Finally,
the board must submit to the legislature a report on the activities of the WEDC and
the programs developed and implemented by the board.
The WEDC employees are not state employees, although the WEDC may elect
to become a participating employer under the Wisconsin Retirement System. The
members of the board and the chief executive officer are subject to state ethics laws.
In addition to creating the WEDC, the bill authorizes the secretary of
administration, before July 1, 2011, to abolish any full-time equivalent position or
portion thereof from revenues appropriated to Commerce and authorizes the
secretary to transfer funds from Commerce appropriations to WEDC appropriations.
For further information see the state 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:
AB6, s. 1
1Section
1. 1.12 (1) (b) of the statutes is amended to read:
AB6,2,72
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.
AB6, s. 2
8Section
2. 13.172 (1) of the statutes is amended to read:
AB6,3,6
113.172
(1) In this section, "agency" means an office, department, 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, that
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in
6ch. 52, 231, 233, 234,
238, or 279.
AB6, s. 3
7Section
3. 13.48 (10) (b) 6. of the statutes is created to read:
AB6,3,88
13.48
(10) (b) 6. Projects of the Wisconsin Economic Development Corporation.
AB6, s. 4
9Section
4. 13.48 (12) (b) 5. of the statutes is created to read:
AB6,3,1110
13.48
(12) (b) 5. A facility constructed by or for the Wisconsin Economic
11Development Corporation.
AB6, s. 5
12Section
5. 13.48 (13) (a) of the statutes is amended to read:
AB6,3,2513
13.48
(13) (a) Except as provided in par. (b) or (c), every building, structure or
14facility that is constructed for the benefit of or use of the state, any state agency,
15board, commission or department, the University of Wisconsin Hospitals and Clinics
16Authority, the Fox River Navigational System Authority, the Wisconsin Quality
17Home Care Authority,
the Wisconsin Economic Development Corporation, or any
18local professional baseball park district created under subch. III of ch. 229 if the
19construction is undertaken by the department of administration on behalf of the
20district, shall be in compliance with all applicable state laws, rules, codes and
21regulations but the construction is not subject to the ordinances or regulations of the
22municipality in which the construction takes place except zoning, including without
23limitation because of enumeration ordinances or regulations relating to materials
24used, permits, supervision of construction or installation, payment of permit fees, or
25other restrictions.
AB6, s. 6
1Section
6. 13.62 (2) of the statutes is amended to read:
AB6,4,62
13.62
(2) "Agency" means any board, commission, department, office, society,
3institution of higher education, council, or committee in the state government, or any
4authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232,
5233, 234, 237,
238, or 279, except that the term does not include a council or
6committee of the legislature.
AB6, s. 7
7Section
7. 13.95 (intro.) of the statutes is amended to read:
AB6,4,21
813.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
9known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
10shall be strictly nonpartisan and shall at all times observe the confidential nature
11of the research requests received by it; however, with the prior approval of the
12requester in each instance, the bureau may duplicate the results of its research for
13distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
14designated employees shall at all times, with or without notice, have access to all
15state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
16Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
17the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
18Authority,
the Wisconsin Economic Development Corporation, and the Fox River
19Navigational System Authority, and to any books, records, or other documents
20maintained by such agencies or authorities and relating to their expenditures,
21revenues, operations, and structure.
AB6, s. 8
22Section
8. 16.002 (2) of the statutes is amended to read:
AB6,5,223
16.002
(2) "Departments" means constitutional offices, departments, and
24independent agencies and includes all societies, associations, and other agencies of
25state government for which appropriations are made by law, but not including
1authorities created in subch. II of ch. 114 or subch. III of ch. 149
and or in
chs. ch. 52,
2231, 232, 233, 234, 235, 237,
and 238, or 279.
AB6, s. 9
3Section
9. 16.004 (4) of the statutes is amended to read:
AB6,5,94
16.004
(4) Freedom of access. The secretary and such employees of the
5department as the secretary designates may enter into the offices of state agencies
6and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under
7chs. 52, 231, 233, 234, 237,
238, and 279, and may examine their books and accounts
8and any other matter that in the secretary's judgment should be examined and may
9interrogate the agency's employees publicly or privately relative thereto.
AB6, s. 10
10Section
10. 16.004 (5) of the statutes is amended to read:
AB6,5,1511
16.004
(5) Agencies and employees to cooperate. All state agencies and
12authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs.
1352, 231, 233, 234, 237,
238, and 279, and their officers and employees, shall cooperate
14with the secretary and shall comply with every request of the secretary relating to
15his or her functions.
AB6, s. 11
16Section
11. 16.004 (12) (a) of the statutes is amended to read:
AB6,5,2517
16.004
(12) (a) In this subsection, "state agency" means an association,
18authority, board, department, commission, independent agency, institution, office,
19society, or other body in state government created or authorized to be created by the
20constitution or any law, including the legislature, the office of the governor, and the
21courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
22the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
23Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
24Care Authority,
the Wisconsin Economic Development Corporation, and the Fox
25River Navigational System Authority.
AB6, s. 12
1Section
12. 16.045 (1) (a) of the statutes is amended to read:
AB6,6,72
16.045
(1) (a) "Agency" means an office, department, independent agency,
3institution of higher education, association, society, or other body in state
4government created or authorized to be created by the constitution or any law, that
5is entitled to expend moneys appropriated by law, including the legislature and the
6courts, but not including an authority created in subch. II of ch. 114 or subch. III of
7ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237,
238, or 279.
AB6, s. 13
8Section
13. 16.15 (1) (ab) of the statutes is amended to read:
AB6,6,139
16.15
(1) (ab) "Authority" has the meaning given under s. 16.70 (2), but
10excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
11River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
12Wisconsin Economic Development Corporation, and the Health Insurance
13Risk-Sharing Plan Authority.
AB6, s. 14
14Section
14. 16.41 (4) of the statutes is amended to read:
AB6,6,1615
16.41
(4) In this section, "authority" means a body created under subch. II of
16ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237,
238, or 279.
AB6, s. 15
17Section
15. 16.417 (1) (a) of the statutes is amended to read:
AB6,6,2318
16.417
(1) (a) "Agency" means an office, department, independent agency,
19institution of higher education, association, society, or other body in state
20government created or authorized to be created by the constitution or any law, that
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, but not including an authority or the body created under subch. III of ch. 149
23or under ch. 238.
AB6, s. 16
24Section
16. 16.52 (7) of the statutes is amended to read:
AB6,7,10
116.52
(7) Petty cash account. With the approval of the secretary, each agency
2that is authorized to maintain a contingent fund under s. 20.920 may establish a
3petty cash account from its contingent fund. The procedure for operation and
4maintenance of petty cash accounts and the character of expenditures therefrom
5shall be prescribed by the secretary. In this subsection, "agency" means an office,
6department, 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, that 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.
AB6, s. 17
11Section
17. 16.528 (1) (a) of the statutes is amended to read:
AB6,7,1712
16.528
(1) (a) "Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or subch. III of
17ch. 149 or in ch. 52, 231, 233, 234, 237,
238, or 279.
AB6, s. 18
18Section
18. 16.53 (2) of the statutes is amended to read:
AB6,8,219
16.53
(2) Improper invoices. If an agency receives an improperly completed
20invoice, the agency shall notify the sender of the invoice within 10 working days after
21it receives the invoice of the reason it is improperly completed. In this subsection,
22"agency" means an office, department, independent agency, institution of higher
23education, association, society, or other body in state government created or
24authorized to be created by the constitution or any law, that is entitled to expend
25moneys 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, 233, 234, 237,
238, or 279.
AB6, s. 19
3Section
19. 16.54 (9) (a) 1. of the statutes is amended to read:
AB6,8,94
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
5institution of higher education, association, society or other body in state
6government created or authorized to be created by the constitution or any law, which
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority created in subch. II of ch. 114 or subch. III of
9ch. 149 or in ch. 52, 231, 233, 234, 237,
238, or 279.
AB6, s. 20
10Section
20. 16.765 (1) of the statutes is amended to read:
AB6,8,2211
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
14Fox River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
15Wisconsin Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall include in all contracts executed by them a
17provision obligating the contractor not to discriminate against any employee or
18applicant for employment because of age, race, religion, color, handicap, sex, physical
19condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
20defined in s. 111.32 (13m), or national origin and, except with respect to sexual
21orientation, obligating the contractor to take affirmative action to ensure equal
22employment opportunities.
AB6, s. 21
23Section
21. 16.765 (2) of the statutes is amended to read:
AB6,9,1624
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
25Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
1Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
2Fox River Remediation Authority, the Wisconsin Quality Home Care Authority,
the
3Wisconsin Economic Development Corporation, and the Bradley Center Sports and
4Entertainment Corporation shall include the following provision in every contract
5executed by them: "In connection with the performance of work under this contract,
6the contractor agrees not to discriminate against any employee or applicant for
7employment because of age, race, religion, color, handicap, sex, physical condition,
8developmental disability as defined in s. 51.01 (5), sexual orientation or national
9origin. This provision shall include, but not be limited to, the following: employment,
10upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
11termination; rates of pay or other forms of compensation; and selection for training,
12including apprenticeship. Except with respect to sexual orientation, the contractor
13further agrees to take affirmative action to ensure equal employment opportunities.
14The contractor agrees to post in conspicuous places, available for employees and
15applicants for employment, notices to be provided by the contracting officer setting
16forth the provisions of the nondiscrimination clause".
AB6, s. 22
17Section
22. 16.765 (5) of the statutes is amended to read:
AB6,9,2518
16.765
(5) The head of each contracting agency and the boards of directors of
19the University of Wisconsin Hospitals and Clinics Authority, the Fox River
20Navigational System Authority, the Wisconsin Aerospace Authority, the Health
21Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
22Authority, the Wisconsin Quality Home Care Authority,
the Wisconsin Economic
23Development Corporation, and the Bradley Center Sports and Entertainment
24Corporation shall be primarily responsible for obtaining compliance by any
25contractor with the nondiscrimination and affirmative action provisions prescribed
1by this section, according to procedures recommended by the department. The
2department shall make recommendations to the contracting agencies and the boards
3of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
4River Navigational System Authority, the Wisconsin Aerospace Authority, the
5Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
6Authority, the Wisconsin Quality Home Care Authority,
the Wisconsin Economic
7Development Corporation, and the Bradley Center Sports and Entertainment
8Corporation for improving and making more effective the nondiscrimination and
9affirmative action provisions of contracts. The department shall promulgate such
10rules as may be necessary for the performance of its functions under this section.