SB468: Bill Text

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 (this act), is repealed.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.

SB468,28 Section 28. 16.417 (1) (b) of the statutes is amended to read:

SB468,18,16 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 237, 238, or 279.

SB468,29 Section 29. 16.52 (7) of the statutes is amended to read:

SB468,19,2 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "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, 233, 234, 237, 238, or 279.

SB468,30 Section 30. 16.528 (1) (a) of the statutes is amended to read:

SB468,19,9 16.528 (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, 233, 234, 237, 238, or 279.

SB468,31 Section 31. 16.53 (2) of the statutes is amended to read:

SB468,19,19 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "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, 233, 234, 237, 238, or 279.

SB468,32 Section 32. 16.54 (9) (a) 1. of the statutes is amended to read:

SB468,20,2 16.54 (9) (a) 1. "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, which 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, 233, 234, 237, 238, or 279.

SB468,33 Section 33. 16.85 (2) of the statutes is amended to read:

SB468,20,13 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "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, which 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, 233, 234, 237, 238, or 279.

SB468,34 Section 34. 16.865 (8) of the statutes is amended to read:

SB468,21,4 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "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.

SB468,35 Section 35. 19.42 (10) (sm) of the statutes is repealed.

SB468,36 Section 36. 19.42 (13) (om) of the statutes is repealed.

SB468,37 Section 37. 19.56 (2) (b) 6. of the statutes is amended to read:

SB468,21,10 19.56 (2) (b) 6. Is made available to the official by the Wisconsin Economic Development Corporation department of economic opportunity or the department of tourism in accordance with sub. (3) (e), (em) or (f).

SB468,38 Section 38. 19.56 (3) (e) (intro.) of the statutes is amended to read:

SB468,21,15 19.56 (3) (e) (intro.) A state public official who is an officer or employee of the Wisconsin Economic Development Corporation department of economic opportunity may solicit, receive and retain on behalf of the state anything of value for the purpose of any of the following:

SB468,39 Section 39. 19.56 (3) (e) 1. of the statutes is amended to read:

SB468,21,22 19.56 (3) (e) 1. The sponsorship by the Wisconsin Economic Development Corporation department of economic opportunity of a trip to a foreign country primarily to promote trade between that country and this state that the Wisconsin Economic Development Corporation department of economic opportunity can demonstrate through clear and convincing evidence is primarily for the benefit of this state.

SB468,40 Section 40. 19.56 (3) (f) of the statutes is amended to read:

SB468,22,4 19.56 (3) (f) A state public official may receive and retain from the Wisconsin Economic Development Corporation department of economic opportunity anything of value which the Wisconsin Economic Development Corporation department of economic opportunity is authorized to provide under par. (e) and may receive and retain from the department of tourism anything of value which the department of tourism is authorized to provide under par. (em).

SB468,41 Section 41. 19.57 of the statutes is amended to read:

SB468,22,13 19.57 Conferences, visits and economic development activities. The Wisconsin Economic Development Corporation department of economic opportunity shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation department of economic opportunity during the preceding calendar year for a purpose specified in s. 19.56 (3) (e), and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.

SB468,42 Section 42. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB468,43 Section 43. 20.143 (intro.) of the statutes is created to read:

SB468,22,18 20.143 Economic opportunity; department of. (intro.) There is appropriated to the department of economic opportunity for the following programs:

SB468,44 Section 44. 20.143 (1) (g) of the statutes is created to read:

SB468,23,4 20.143 (1) (g) Gifts, grants, and proceeds. All moneys received from gifts, donations, grants, bequests, and devises and all proceeds from services, conferences, and sales of publications and promotional materials, for the purposes for which made or collected.

SB468,45 Section 45. 20.143 (1) (gm) of the statutes is created to read:

SB468,23,11 20.143 (1) (gm) Administration of grants, loans, and tax credits. All moneys received from loan origination fees or other fees charged by the department of economic opportunity under a grant, loan, or tax credit program administered by the department of economic opportunity under ch. 555, all moneys received from repayment of grants and loans, and all moneys received under s. 555.12, for administering the grant, loan, and tax credit programs under ch. 555.

SB468,46 Section 46. 20.192 (intro.) of the statutes is repealed.