SB468: Bill Text

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:

SB468,1 Section 1. 1.12 (1) (b) of the statutes is amended to read:

SB468,8,7 1.12 (1) (b) "State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Wisconsin Economic Development Corporation.

SB468,2 Section 2. 13.172 (1) of the statutes is amended to read:

SB468,8,14 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, or 279.

SB468,3 Section 3. 13.48 (10) (b) 6. of the statutes is repealed.

SB468,4 Section 4. 13.48 (12) (b) 5. of the statutes is repealed.

SB468,5 Section 5. 13.48 (13) (a) of the statutes is amended to read:

SB468,9,8 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

SB468,6 Section 6. 13.62 (2) of the statutes is amended to read:

SB468,9,13 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

SB468,7 Section 7. 13.625 (9) of the statutes is amended to read:

SB468,9,20 13.625 (9) This section does not apply to the solicitation, acceptance, or furnishing of anything of pecuniary value by the Wisconsin Economic Development Corporation department of economic opportunity, or to a principal furnishing anything of pecuniary value to the Wisconsin Economic Development Corporation department of economic opportunity, under s. 19.56 (3) (e) or (f) for the activities specified in s. 19.56 (3) (e).

SB468,8 Section 8. 13.94 (1) (dr) of the statutes is amended to read:

SB468,9,25 13.94 (1) (dr) Biennially, beginning in 2013, conduct a financial audit of the Wisconsin Economic Development Corporation department of economic opportunity and a program evaluation audit of the economic development programs administered by the Wisconsin Economic Development Corporation department of economic opportunity under ch. 238 555. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

SB468,9 Section 9. 13.94 (1) (ds) of the statutes is created to read:

SB468,10,6 13.94 (1) (ds) 1. In this paragraph and in sub. (1s) (c) 5m., "Badger Innovation Corporation" means the corporation specified in s. 16.35 (3).

SB468,10,11 2. Each odd-numbered year, conduct a financial audit of the Badger Innovation Corporation and a program evaluation audit of the economic development programs conducted by the Badger Innovation Corporation under its contract with the department of economic opportunity. The legislative audit bureau shall file a copy of each audit report under this subdivision with the distributees specified in par. (b).

SB468,10 Section 10. 13.94 (1) (ms) of the statutes is amended to read:

SB468,10,16 13.94 (1) (ms) No later than July 1, 2014, prepare a financial and performance evaluation audit of the economic development tax benefit program under ss. 238.301 555.301 to 238.306 555.306. The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).

SB468,11 Section 11. 13.94 (1s) (c) 5. of the statutes is amended to read:

SB468,10,20 13.94 (1s) (c) 5. The Wisconsin Economic Development Corporation department of economic opportunity for the cost of the audit required to be performed under sub. (1) (dr).

SB468,12 Section 12. 13.94 (1s) (c) 5m. of the statutes is created to read:

SB468,10,23 13.94 (1s) (c) 5m. The Badger Innovation Corporation for the cost of the audit required to be performed under sub. (1) (ds).

SB468,13 Section 13. 13.94 (4) (a) 1. of the statutes is amended to read:

SB468,11,16 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB468,14 Section 14. 13.95 (intro.) of the statutes is amended to read:

SB468,12,5 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB468,15 Section 15. 15.107 (20) of the statutes is created to read:

SB468,12,9 15.107 (20) Economic development transition council. (a) There is created an economic development transition council, attached to the department of administration under s. 15.03.

SB468,12,10 (b) The council consists of the following members:

SB468,12,11 1. Five members appointed by the governor.

SB468,12,13 2. One representative to the assembly appointed by the speaker of the assembly.

SB468,12,15 3. One representative to the assembly appointed by the minority leader of the assembly.

SB468,12,16 4. One senator appointed by the majority leader of the senate.

SB468,12,17 5. One senator appointed by the minority leader of the senate.

SB468,12,19 6. The chief executive officer, chief operating officer, and chief financial officer of the Wisconsin Economic Development Corporation.

SB468,12,20 7. The secretary of administration.

SB468,12,21 8. The secretary of revenue.

SB468,12,23 (c) The members appointed under par. (b) 1. shall include representatives of local and regional economic development agencies.

SB468,12,25 (d) The Wisconsin Economic Development Corporation shall provide staffing and facilities for the council.

SB468,13,1 (e) The council shall be dissolved on January 1, 2019.

SB468,16 Section 16. 15.107 (20) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

SB468,17 Section 17. 15.15 of the statutes is created to read:

SB468,13,7 15.15 Department of economic opportunity; creation. There is created a department of economic opportunity under the direction and supervision of the secretary of economic opportunity.

SB468,18 Section 18. 15.155 of the statutes is created to read:

SB468,13,13 15.155 Same; attached boards and commissions. (1) Economic development policy board. (a) There is created an economic development policy board attached to the department of economic opportunity under s. 15.03 consisting of 12 members nominated by the governor and, with the advice and consent of the senate, appointed for staggered 3-year terms.

SB468,13,17 (b) The members appointed under par. (a) shall have expertise in banking, business financing, and public economic development administration, and shall represent private business and related stakeholder groups. At least 4 of those members shall have public economic development administration experience.

SB468,13,20 (c) The economic development policy board shall assist the department of economic opportunity in setting major economic development policy goals for the state.

SB468,19 Section 19. 16.002 (2) of the statutes is amended to read:

SB468,13,25 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

SB468,20 Section 20. 16.004 (4) of the statutes is amended to read:

SB468,14,7 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB468,21 Section 21. 16.004 (5) of the statutes is amended to read:

SB468,14,12 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB468,22 Section 22. 16.045 (1) (a) of the statutes is amended to read:

SB468,14,19 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

SB468,23 Section 23. 16.295 of the statutes is renumbered 555.155.

SB468,24 Section 24. 16.309 of the statutes is renumbered 555.129.

SB468,25 Section 25. 16.35 of the statutes is created to read:

SB468,14,24 16.35 Economic development transition council. (1) Definitions. In this section:

SB468,15,2 (a) "Badger Innovation Corporation" means the corporation specified in sub. (3).

SB468,15,4 (b) "Department" means the department of economic opportunity, as created in 2015 Wisconsin Act .... (this act).

SB468,15,5 (c) "Transition council" means the economic development transition council.

SB468,15,6 (d) "Transition plan" means the plan created under sub. (2) (a).

SB468,15,10 (2) Transition plan. (a) The transition council shall develop a detailed plan for the transfer of the Wisconsin Economic Development Corporation's duties, powers, and functions to the department and the Badger Innovation Corporation. The plan shall include all of the following:

SB468,15,12 1. An organizational plan for the department and the Badger Innovation Corporation.

SB468,15,15 2. A plan for the transfer of all assets and liabilities of the Wisconsin Economic Development Corporation to the department and the Badger Innovation Corporation

SB468,15,17 3. A plan for the transfer of employees of the Wisconsin Economic Development Corporation to the department or the Badger Innovation Corporation.

SB468,15,20 4. A plan for the transfer of tangible personal property of the Wisconsin Economic Development Corporation to the department or the Badger Innovation Corporation.

SB468,16,2 5. A plan for the transfer of all matters pending with the Wisconsin Economic Development Corporation to the department or the Badger Innovation Corporation. The plan under this subdivision shall provide that all materials submitted to or actions taken by the Wisconsin Economic Development Corporation with respect to the pending matter are considered as having been submitted to or taken by the department or the Badger Innovation Corporation, as appropriate.

SB468,16,11 6. A plan for the transfer of all contracts entered into by the Wisconsin Economic Development Corporation, and all contracts entered into by the former department of commerce and maintained by the Wisconsin Economic Development Corporation, to the department or the Badger Innovation Corporation. The plan under this subdivision shall provide that the contracts remain in effect and that the department or the Badger Innovation Corporation, as appropriate, shall carry out any obligations under such a contract until the contract is modified or rescinded by the department or the Badger Innovation Corporation, as appropriate, to the extent allowed under the contract.

SB468,16,20 7. A plan for the transfer of policies and procedures and orders of the Wisconsin Economic Development Corporation to the department or the Badger Innovation Corporation. The plan under this subdivision shall provide that the transferred policies and procedures remain in effect until their specified expiration dates or until amended or repealed by the department or the Badger Innovation Corporation, as appropriate, and that all orders issued by the Wisconsin Economic Development Corporation remain in effect until their specified expiration dates or until modified or rescinded by the department or the Badger Innovation Corporation, as appropriate.

SB468,16,24 8. Proposed legislation reconciling the acts of 2015, 2017, and 2019, as appropriate, with 2015 Wisconsin Act .... (this act). The transition council shall use the drafting services of the legislative reference bureau to draft the proposed legislation.

SB468,17,4 (b) 1. The transition council shall submit the transition plan to the governor within 12 months after the effective date of this subdivision .... [LRB inserts date]. The joint committee on finance may approve an extension of that deadline if requested by the transition council.

SB468,17,7 2. Except as provided in subd. 4., the governor shall include the transition plan submitted by the transition council under subd. 1. as a part of the governor's executive budget for the 2017-19 fiscal biennium.

SB468,17,11 3. If the transition plan or a version of it is enacted as a part of the 2017-19 biennial budget act, and unless a different effective date is provided in the 2017-19 biennial budget act, the transition plan as enacted shall take effect on the first day of the 7th month beginning after publication of the 2017-19 biennial budget act.

SB468,17,16 4. If the transition council does not submit the transition plan to the governor in time for inclusion as a part of the governor's executive budget for the 2017-19 fiscal biennium, the governor shall include the transition plan submitted by the transition council under subd. 1. as a part of the governor's executive budget for the 2019-21 fiscal biennium.

SB468,17,20 5. If the transition plan or a version of it is enacted as a part of the 2019-21 biennial budget act, and unless a different effective date is provided in the 2019-21 biennial budget act, the transition plan as enacted shall take effect on the first day of the 7th month beginning after publication of the 2019-21 biennial budget act.

SB468,17,24 6. The chairperson of the transition council shall send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that confirms enactment of the transition plan and states the effective date of the transition plan as enacted.

SB468,18,2 (3) Badger Innovation Corporation; creation. The transition council shall do all of the following:

SB468,18,5 (a) Draft and file articles of incorporation for a nonstock corporation under ch. 181 and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

SB468,18,8 (b) Draft bylaws for adoption by the initial board of directors of the Badger Innovation Corporation under s. 181.0206 (2). The bylaws shall specify the method of selection and composition of the board of directors required under s. 555.42.

SB468,26 Section 26. 16.35 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

SB468,27 Section 27. 16.41 (4) of the statutes is amended to read:

SB468,18,13 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or under ch. 231, 233, 234, 237, 238, or 279.