2015 - 2016 LEGISLATURE
July 16, 2015 - Introduced by Senators Hansen,
Erpenbach, Carpenter, Ringhand
and Wirch, cosponsored by Representatives Kolste,
Berceau, Brostoff, Considine, Danou, Genrich, Hebl, Johnson, Milroy,
Ohnstad, Pope, Sinicki, Spreitzer, Subeck, C. Taylor and Zamarripa.
Referred to Committee on Workforce Development, Public Works, and
1An Act to amend
15.01 (2) and 15.06 (2); and to create
15.06 (1) (bb), 15.06 (3) 2
(a) 5., 15.225 (3) and 103.355 of the statutes; relating to: making companies
3that outsource jobs ineligible for state tax benefits, grants, and loans, providing
4an exemption from rule-making procedures, and granting rule-making
Analysis by the Legislative Reference Bureau
This bill prohibits any person who operates a business in this state and who
outsources work to another state or country from receiving any grant, loan, or tax
benefit from this state for five years following the year in which the person has
outsourced work to another state or country. The bill also creates the Wisconsin Job
Development and Retention Commission to determine when a person who is
receiving state tax benefits, loans, or grants is outsourcing jobs. The commission
consists of three members who represent employees, three members who represent
employers, and one member who is an employee of the Department of Workforce
Development who also serves as the nonvoting chairperson.
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:
15.01 (2) of the statutes is amended to read:
"Commission" means a 3-member governing body in charge of a 3
department or independent agency or of a division or other subunit within a 4
department, except for the Wisconsin waterways commission which shall consist of 5
5 members, the Wisconsin job development and retention commission which shall
6consist of 7 members,
and the parole commission which shall consist of 8 members. 7
A Wisconsin group created for participation in a continuing interstate body, or the 8
interstate body itself, shall be known as a "commission", but is not a commission for 9
purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be 10
known as a "commission", but is not a commission for purposes of s. 15.06.
15.06 (1) (bb) of the statutes is created to read:
(bb) Members of the Wisconsin job development and retention 13
commission shall be appointed by the secretary of workforce development as 14
provided under s. 15.225 (3).
15.06 (2) of the statutes is amended to read:
15.06 (2) Selection of officers.
Each commission may annually elect officers 17
other than a chairperson from among its members as its work requires. Any officer 18
may be reappointed or reelected. At the time of making new nominations to 19
commissions, the governor shall designate a member or nominee of each commission 20
to serve as the commission's chairperson for a 2-year term expiring on March 1 of 21
the odd-numbered year except that the labor and industry review commission shall 22
elect one of its members to serve as the commission's chairperson for a 2-year term 23
expiring on March 1 of the odd-numbered year and the secretary of workforce
24development shall appoint the chairperson of the Wisconsin job development and
25retention commission, as provided under s. 15.225 (3)
15.06 (3) (a) 5. of the statutes is created to read:
(a) 5. The members of the Wisconsin job development and retention 3
15.225 (3) of the statutes is created to read:
15.225 (3) Wisconsin job development and retention commission.
There is 6
created in the department of workforce development the Wisconsin job development 7
and retention commission appointed by the secretary of workforce development to 8
consist of 3 representatives of employers and 3 representatives of employees 9
appointed to serve for 6-year terms and a permanent classified employee of the 10
department of workforce development who shall serve as nonvoting chairperson. A 11
member may not serve on the commission if he or she loses the status on which his 12
or her appointment is based.
103.355 of the statutes is created to read:
14103.355 Requirements for receiving state incentives. (1) Definitions.
In this section:
(a) "Agency" has the meaning given in s. 16.70 (1e).
(b) "Business" means any organization or enterprise operated for profit, 18
including a sole proprietorship, partnership, firm, business trust, joint venture, 19
syndicate, corporation, limited liability company, or association.
(c) "Commission" means the Wisconsin job development and retention 21
22(2) Outsourcing prohibited.
Notwithstanding any other provision of state law 23
to the contrary, a person who operates or intends to operate a business in this state 24
and who outsources work from this state to another state or country is ineligible to 25
receive any grants or loans from a state agency, any tax exemption under ch. 70, not
including the exemption under s. 70.11 (27), or any credit, deduction, exclusion, or 2
exemption under ch. 71 for a period of 5 years following the year in which the 3
commission determines that the person has outsourced work to another state or 4
The commission shall promulgate rules to implement and 6
administer this section.
A determination of ineligibility under sub. (2) is subject to review 8
under subch. III of ch. 227.
(1) Rule making; scope statement.
Notwithstanding section 227.135 (1) of the 11
statutes, the Wisconsin job development and retention commission is not required 12
to prepare a statement of the scope of the rules required under section 103.355 (3) 13
of the statutes, as created by this act.
(2) Rule making; governor's approval.
Notwithstanding section 227.185 of the 15
statutes, the Wisconsin job development and retention commission is not required 16
to present the rules required under section 103.355 (3) of the statutes, as created by 17
this act, in final draft form to the governor for approval.
(3) Proposed rules.
The Wisconsin job development and retention commission 19
shall submit in proposed form the rules required under section 103.355 (3) of the 20
statutes, as created by this act, to the legislative council staff under section 227.15 21
(1) of the statutes no later than the first day of the 13th month beginning after the 22
effective date of this subsection.
(4) Review and reporting.
Notwithstanding section 227.137 (6) of the statutes, 24
the requirements for review of and reporting on the economic impact analysis by the 25
department of administration and the requirement for approval by the secretary of
administration do not apply to rules required under section 103.355 (3) of the 2
statutes, as created by this act.
(5) Legislative council review.
Notwithstanding section 227.137 (2) and (6) 4
of the statutes, the Wisconsin job development and retention commission may 5
submit the rules required under section 103.355 (3) of the statutes, as created by this 6
act, to the legislative council staff for review under section 227.15 (1) of the statutes 7
before the commission completes the economic impact analysis for the rules.