2007 WISCONSIN ACT 125
An Act to repeal 20.143 (1) (x), 93.47, 234.66, 560.03 (15), 560.038, 560.039, 560.10, 560.11 (1) (b), 560.13 (7), 560.137 (1) (a), 560.137 (1) (c), 560.137 (2) (a) (intro.), 560.137 (2) (bm), 560.137 (2) (c), 560.137 (2) (d), 560.137 (2) (e), 560.137 (2) (f), 560.14 (3m), 560.155 (2) (b) 3., 560.155 (4), 560.17 (5r), 560.17 (6m) (b), 560.205 (3) (c), 560.42 (5), 560.52, 560.55, 560.607 (2), 560.81 (title), 560.81 (1) to (4), 560.82 (5) (a), 560.83 (title), 560.83 (1), 560.83 (5), 560.91, 560.915, 560.925 and 560.935; to renumber 560.137 (1) (b), 560.137 (2) (a) 1., 560.137 (2) (a) 2., 560.137 (3m), 560.138 (5), 560.83 (2), 560.837 (1) (a) and 560.837 (2); to renumber and amend 560.07 (3) (b), 560.17 (6m) (a), 560.80 (5), 560.81 (intro.), 560.82 (1), 560.82 (5) (b), 560.83 (3), 560.83 (4) (a), 560.83 (4) (b), 560.837 (1) (intro.) and 560.837 (1) (b); to amend 20.002 (11) (d) 3., 20.115 (4) (c), 20.115 (4) (r), 20.143 (1) (fm), 20.143 (1) (ie), 20.143 (1) (ig), 20.143 (1) (im), 20.143 (1) (kg), 20.143 (1) (kj), 25.17 (1) (hm), 93.46 (2) (e), 234.03 (2m), 234.265 (2), 234.40 (4), 234.50 (4), 234.60 (2), 234.61 (1), 234.63 (2) (b), 234.65 (1) (b), 560.07 (9), 560.138 (3), 560.14 (3) (c) 8., 560.17 (7) (a), subchapter VII (title) of chapter 560 [precedes 560.80], 560.80 (3m), 560.80 (4), 560.80 (5m), 560.82 (title), 560.82 (2) (intro.), 560.82 (3) (intro.), 560.82 (4) (intro.), 560.82 (4) (a) (intro.), 560.82 (4) (a) 2., 560.82 (4) (b), 560.84 (1) (intro.), 560.84 (1) (b) 1., 560.84 (1) (e) 1., 560.84 (1) (f), 560.84 (2) (a) 1., 560.85 (2), 560.85 (3) (a), 560.85 (3) (b) and 560.905 (2); and
to create 13.94 (1) (mm), 23.167, 23.169, 36.09 (1) (am), 36.11 (29r), 38.04 (1m), 38.04 (10m), 41.11 (1g), 41.11 (1r), 84.01 (6m), 84.01 (11m), 93.07 (18), 93.07 (20), 234.032, 234.255, 560.001 (1m), 560.01 (2) (ae), 560.01 (2) (am), 560.01 (2) (as), 560.07 (8) (a), 560.07 (8) (b), 560.07 (8) (c), 560.138 (2m) (intro.), 560.138 (5) (b), 560.139 (3) (title), 560.155 (5), 560.29 (3), 560.80 (5) (a) and (b), 560.80 (5) (c) and 560.82 (1m) (b) and (c) of the statutes; relating to: cleanup and consolidation of Department of Commerce economic development programs, establishing a comprehensive annual reporting requirement, requiring the development of programmatic goals and accountability measures for economic development grants and loans, requiring the exercise of rule-making authority, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
125,1
Section
1. 13.94 (1) (mm) of the statutes is created to read:
13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance evaluation audit of the economic development programs administered by the department of commerce, the University of Wisconsin System, the department of agriculture, trade and consumer protection, the department of natural resources, the Wisconsin Housing and Economic Development Authority, the department of tourism, the technical college system, and the department of transportation. In this paragraph, economic development program has the meaning given in s. 560.001 (1m). The legislative audit bureau shall file a copy of the report of the audit under this paragraph with the distributees specified in par. (b).
125,2
Section
2. 20.002 (11) (d) 3. of the statutes is amended to read:
20.002 (11) (d) 3. The industrial building construction loan fund under s. 560.10, 2005 stats.
125,3
Section
3. 20.115 (4) (c) of the statutes is amended to read:
20.115 (4) (c) Agricultural investment aids. Biennially, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3) and sustainable agriculture grants under s. 93.47.
125,4
Section
4. 20.115 (4) (r) of the statutes is amended to read:
20.115 (4) (r) Agricultural investment aids, agrichemical management fund. Biennially, from the agrichemical management fund, the amounts in the schedule for agricultural research and development grants under s. 93.46 (2) and (3) and sustainable agriculture grants under s. 93.47.
125,5
Section
5. 20.143 (1) (fm) of the statutes is amended to read:
20.143
(1) (fm)
Minority business projects; grants and loans. Biennially, the amounts in the schedule for grants
and loans under
ss. 560.038, 560.039, s. 560.82
and 560.837, grants and loans under s. 560.83, the grant under
1993 Wisconsin Act 110, section
3, and the loans under
1997 Wisconsin Act 9, section
3.
20.143
(1) (ie)
Wisconsin development fund, repayments. All moneys received in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats.,
s. 560.10, 2005 stats., s. 560.147, 2005 stats., s. 560.16, 1995 stats., s. 560.165, 1993 stats., s. 560.275 (2),
2005 stats., s. 560.62, 2005 stats., s. 560.63, 2005 stats., and s. 560.66, 2005 stats., subch. V of ch. 560,
and 1989 Wisconsin Act 336, section
3015 (1m),
1989 Wisconsin Act 336, section
3015 (2m),
1989 Wisconsin Act 336, section
3015 (3gx),
1997 Wisconsin Act 27, section
9110 (7f),
1997 Wisconsin Act 310, section
2 (2d),
1999 Wisconsin Act 9, section
9110 (4), and
2007 Wisconsin Act 20, section
9108 (5x), to be used for grants and loans under s. 560.275 (2) and subch. V of ch. 560, for assistance under s. 560.06 (2), for the loan under
1999 Wisconsin Act 9, section
9110 (4), for the grant under
2001 Wisconsin Act 16, section
9110 (7g), for the grants under
2003 Wisconsin Act 33, section
9109 (1d) and (2q), and for reimbursements under s. 560.167.
125,7
Section
7. 20.143 (1) (ig) of the statutes is amended to read:
20.143 (1) (ig) Gaming economic development and diversification; repayments. Biennially, the amounts in the schedule for grants and loans under ss. 560.137 (2) and s. 560.138. All moneys received in repayment of loans under ss. 560.137 (2), 2005 stats., and 560.138 shall be credited to this appropriation account.
125,8
Section
8. 20.143 (1) (im) of the statutes is amended to read:
20.143
(1) (im)
Minority business projects; repayments. All moneys received in repayment of grants or loans under s.
560.83 560.82 (1m) (b) and (c) and loans under
1997 Wisconsin Act 9, section
3, to be used for grants and loans under
ss. s. 560.82
, 560.83, and 560.837, the grant under
2001 Wisconsin Act 16, section
9110 (7g), and the loans under
1997 Wisconsin Act 9, section
3.
125,9
Section
9. 20.143 (1) (kg) of the statutes is amended to read:
20.143 (1) (kg) American Indian economic liaison and gaming grants specialist and program marketing. The amounts in the schedule for the American Indian economic liaison program under s. 560.87, other than for grants under s. 560.87 (6), for the salary and fringe benefits of, and related supplies and services for, the gaming grants specialist for the programs program under ss. 560.137 and s. 560.138, and for marketing the
programs program under ss. 560.137 and s. 560.138. From this appropriation, the department may expend in each fiscal year no more than $100,000 for marketing the programs program under ss. 560.137 and s. 560.138. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6g. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
125,10
Section
10. 20.143 (1) (kj) of the statutes is amended to read:
20.143
(1) (kj)
Gaming economic development and diversification; grants and loans. Biennially, the amounts in the schedule for grants and loans under
ss. 560.137 and s. 560.138, for the grants under s. 560.139 (1) (a)
and, (2),
and (3), and for the grants under
2001 Wisconsin Act 16, section
9110 (2k), (11pk), and (11zx). Of the amounts in the schedule, $500,000 shall be allocated in each fiscal year for the grants
under s.
560.137 (3m) 560.139 (3). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6j. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on June 30 of each odd-numbered year shall revert to the appropriation account under s. 20.505 (8) (hm).
125,11
Section
11. 20.143 (1) (x) of the statutes is repealed.
125,12
Section
12. 23.167 of the statutes is created to read:
23.167 Goals and accountability measures for economic development programs. (1) In this section, "economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
(a) The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20.
(b) The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
(2) The department, in consultation with the department of commerce, shall do all of the following for each economic development program administered by the department:
(a) Establish clear and measurable goals for the program that are tied to statutory policy objectives.
(b) Establish at least one quantifiable benchmark for each program goal described in par. (a).
(c) Require that each recipient of a grant or loan under the program submit a report to the department. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the department and the performance measures to be included in the report.
(d) Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in pars. (a) and (b).
(e) Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under par. (c).
(f) Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the department a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The department shall include the requirement established by rule under this paragraph in the contract entered into by a grant or loan recipient.
(g) Establish by rule policies and procedures permitting the department to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the department or fails to comply with the terms of a contract entered into with the department under the program and fails to provide to the satisfaction of the department an explanation for the noncompliance:
1. Recoup payments made to the recipient.
2. Withhold payments to be made to the recipient.
3. Impose a forfeiture on the recipient.
125,13
Section
13. 23.169 of the statutes is created to read:
23.169 Economic development assistance reporting. Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in s. 23.167 (1), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am). The department shall collaborate with the department of commerce to make readily accessible to the public on an Internet-based system the information required under this section.
125,14
Section
14. 25.17 (1) (hm) of the statutes is amended to read:
25.17 (1) (hm) Industrial building construction loan fund (s. 560.10, 2005 stats.);
125,15
Section
15. 36.09 (1) (am) of the statutes is created to read:
36.09 (1) (am) The board, in consultation with the department of commerce, shall do all of the following for each economic development program, as defined in s. 36.11 (29r) (a), administered by the board:
1. Establish clear and measurable goals for the program that are tied to statutory policy objectives.
2. Establish at least one quantifiable benchmark for each program goal described in subd. 1.
3. Require that each recipient of a grant or loan under the program submit a report to the board. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the board and the performance measures to be included in the report.
4. Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in subds. 1. and 2.
5. Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under subd. 3.
6. Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the board a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The board shall include the requirement established by rule under this subdivision in the contract entered into by a grant or loan recipient.
7. Establish by rule policies and procedures permitting the board to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the board or fails to comply with the terms of a contract entered into with the board under the program and fails to provide to the satisfaction of the board an explanation for the noncompliance:
a. Recoup payments made to the recipient.
b. Withhold payments to be made to the recipient.
c. Impose a forfeiture on the recipient.
125,16
Section
16. 36.11 (29r) of the statutes is created to read:
36.11 (29r) Economic development assistance reporting. (a) In this subsection, "economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
1. The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20.
2. The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
(b) Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs administered by the board. The report shall include all of the information required under s. 560.01 (2) (am). The board shall collaborate with the department of commerce to make readily accessible to the public on an Internet-based system the information required under this subsection.
125,17
Section
17. 38.04 (1m) of the statutes is created to read:
38.04 (1m) Goals and accountability measures for economic development programs. (a) In this subsection, "economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
1. The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20.
2. The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
(b) The board, in consultation with the department of commerce, shall do all of the following for each economic development program administered by the board:
1. Establish clear and measurable goals for the program that are tied to statutory policy objectives.
2. Establish at least one quantifiable benchmark for each program goal described in subd. 1.
3. Require that each recipient of a grant or loan under the program submit a report to the board. Each contract with a recipient of a grant or loan under the program shall specify the frequency and format of the report to be submitted to the board and the performance measures to be included in the report.
4. Establish a method for evaluating the projected results of the program with actual outcomes as determined by evaluating the information described in subds. 1. and 2.
5. Annually and independently verify, from a sample of grants and loans, the accuracy of the information required to be reported under subd. 3.
6. Establish by rule a requirement that the recipient of a grant or loan under the program of at least $100,000 submit to the board a verified statement signed by both an independent certified public accountant licensed or certified under ch. 442 and the director or principal officer of the recipient to attest to the accuracy of the verified statement, and make available for inspection the documents supporting the verified statement. The board shall include the requirement established by rule under this subdivision in the contract entered into by a grant or loan recipient.
7. Establish by rule policies and procedures permitting the board to do all of the following if a recipient of a grant or loan or tax benefits under the program submits false or misleading information to the board or fails to comply with the terms of a contract entered into with the board under the program and fails to provide to the satisfaction of the board an explanation for the noncompliance:
a. Recoup payments made to the recipient.
b. Withhold payments to be made to the recipient.
c. Impose a forfeiture on the recipient.
125,18
Section
18. 38.04 (10m) of the statutes is created to read:
38.04 (10m) Economic development assistance reporting. Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (1m) (a), administered by the board. The report shall include all of the information required under s. 560.01 (2) (am). The board shall collaborate with the department of commerce to make readily accessible to the public on an Internet-based system the information required under this subsection.
125,19
Section
19. 41.11 (1g) of the statutes is created to read:
41.11 (1g) Goals and accountability measures for economic development programs. (a) In this subsection, "economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs, and that satisfies all of the following:
1. The program receives funding from the state or federal government that is allocated through an appropriation under ch. 20.
2. The program provides financial assistance, tax benefits, or direct services to specific industries, businesses, local governments, or organizations.
(b) The department, in consultation with the department of commerce, shall do all of the following for each economic development program administered by the department:
1. Establish clear and measurable goals for the program that are tied to statutory policy objectives.
2. Establish at least one quantifiable benchmark for each program goal described in subd. 1.
