3. Coordinate efforts of various governmental units and private parties
interested in the promotion of space-related industry.
4. Develop a business plan to promote and facilitate spaceport-related
educational and commercial development and to stimulate and improve aerospace
science, design, technology, and research.
5. Annually report to the governor and legislature WAA's activities, receipts,
expenditures, and financial condition; annually submit to the Department of
Administration (DOA), for each fiscal year in which the authority receives operating
revenues, an audited financial statement including detailed identification of funding
sources; and submit once to DOA, and as DOA requests thereafter, a business plan,
including proposed funding sources for capital expenditures by WAA, and estimate
of costs and funding for design, development, and operation of initially planned
spaceports, aerospace facilities, and spacecraft.
The substitute amendment authorizes WAA to issue bonds to carry out its
functions if WAA submits a bond resolution to the governor and legislature and the
legislature's Joint Committee on Finance does not schedule a meeting within 14 days
on the bond resolution or schedules such a meeting and approves the bond resolution.
WAA's bonds are not state debt. The substitute amendment authorizes WAA to have
no more than $100,000,000 in outstanding bonds at any one time. The substitute
amendment creates an individual and corporate income tax exemption for interest
on bonds issued by WAA.
The substitute amendment creates state, federal, and local appropriations for
the Department of Transportation (DOT) from the transportation fund for funding
for WAA, but does not directly provide any funds. Under the substitute amendment,
any project to acquire, construct, or improve a spaceport or spaceport facility, other
than a hangar, must be funded from these DOT appropriations and from WAA's own
funds. DOT and WAA must share the cost of the project, except that DOT's share of
costs is limited to a maximum of $10,000,000 per project and is limited to 80 percent
of the total project cost if federal aid is not available for the project or 50 percent of
the total project cost in excess of federal aid if federal aid is available for the project.
For each project, DOT determines the percentage of costs borne by DOT based on the
relative importance of the project to any state spaceport development program as a
whole.
Because WAA is not a state agency, numerous laws that apply to state agencies
do not apply to WAA. However, as with many state-created authorities, WAA is
treated like a state agency in the following respects, among others: 1) it is generally
subject to the open records and open meetings laws; 2) it is treated like a state agency
for purposes of the law regulating lobbying; 3) its employees may participate in the
system for state retirement benefits and health insurance coverage; 4) it is exempt
from sales and use taxes, property taxes, and income taxes; 5) its employees are
subject to laws prohibiting political activities by state employees while engaged in
official duties; 6) it is subject to auditing by the Legislative Audit Bureau and to
access by the Legislative Fiscal Bureau; and 7) the Code of Ethics for Public Officials
and Employees covers WAA.
WAA is unlike a state agency in many other ways, including: 1) it approves its
own budget without going through the state budgetary process; 2) WAA employees
are not state employees, are not included in the state system of personnel
management, and are hired outside the state hiring system; 3) it is not subject to
statutory rule-making procedures, including requirements for legislative review of
proposed rules; 4) it keeps its operating fund in its own account outside of the state
treasury; and 5) the state is not liable for any debt, obligation, or act of WAA and WAA
expenses are paid from WAA's own funds.
The substitute amendment also expands certain provisions of law currently
applicable only to airports and aircraft to apply to spaceports and spacecraft as well.
These changes include: 1) treating aircraft and spacecraft similarly with regard to
certain aspects of civil and criminal liability; 2) recognizing the authority of a county
or municipality to establish, own, and operate a spaceport or spacecraft launch or
landing area in the same manner as a county or municipal airport, landing field, or
landing and take-off strip, including the right of condemnation and the right to
protect aerial approaches; and 3) expanding an existing loan program administered
by DOT to facilitate acquisition by local governments or airport owners of land for
airport projects to include spaceport projects as well, but with a maximum total
outstanding balance of loans for spaceport projects of $10,000,000 rather than the
$6,500,000 for airport projects and with a different funding source.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB352-SSA1,5,3
17.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
2includes an authority created under
subch. II of ch. 114 or ch. 231, 232, 233, 234, or
3237.
SB352-SSA1,5,95
13.172
(1) In this section, "agency" means an office, department, agency,
6institution of higher education, association, society or other body in state
7government created or authorized to be created by the constitution or any law, which
8is entitled to expend moneys appropriated by law, including the legislature and the
9courts, and any authority created in
subch. II of ch. 114 or ch. 231, 233
, or 234.
SB352-SSA1,5,1411
13.62
(2) "Agency" means any board, commission, department, office, society,
12institution of higher education, council or committee in the state government, or any
13authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, or 237, except that
14the term does not include a council or committee of the legislature.
SB352-SSA1, s. 4
15Section
4. 13.94 (4) (a) 1. of the statutes is amended to read:
SB352-SSA1,6,516
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
17credentialing board, commission, independent agency, council or office in the
18executive branch of state government; all bodies created by the legislature in the
19legislative or judicial branch of state government; any public body corporate and
20politic created by the legislature including specifically the Fox River Navigational
21System Authority
and the Wisconsin Aerospace Authority, a professional baseball
22park district, a local professional football stadium district, a local cultural arts
23district and a family care district under s. 46.2895; every Wisconsin works agency
24under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch.
2549; technical college district boards; development zones designated under s. 560.71;
1every county department under s. 51.42 or 51.437; every nonprofit corporation or
2cooperative to which moneys are specifically appropriated by state law; and every
3corporation, institution, association or other organization which receives more than
450% of its annual budget from appropriations made by state law, including
5subgrantee or subcontractor recipients of such funds.
SB352-SSA1,6,17
713.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
8known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau
9shall be strictly nonpartisan and shall at all times observe the confidential nature
10of the research requests received by it; however, with the prior approval of the
11requester in each instance, the bureau may duplicate the results of its research for
12distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
13designated employees shall at all times, with or without notice, have access to all
14state agencies, the University of Wisconsin Hospitals and Clinics Authority,
the
15Wisconsin Aerospace Authority, and the Fox River Navigational System Authority
16and to any books, records or other documents maintained by such agencies or
17authorities and relating to their expenditures, revenues, operations and structure.
SB352-SSA1,6,2219
16.002
(2) "Departments" means constitutional offices, departments and
20independent agencies and includes all societies, associations and other agencies of
21state government for which appropriations are made by law, but not including
22authorities created in
subch. II of ch. 114 or chs. 231, 232, 233, 234, 235, and 237.
SB352-SSA1,7,424
16.004
(4) Freedom of access. The secretary and such employees of the
25department as the secretary designates may enter into the offices of state agencies
1and authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and
2may examine their books and accounts and any other matter which in the secretary's
3judgment should be examined and may interrogate the agency's employees publicly
4or privately relative thereto.
SB352-SSA1,7,96
16.004
(5) Agencies and employees to cooperate. All state agencies and
7authorities created under
subch. II of ch. 114 or chs. 231, 233, 234, and 237, and their
8officers and employees, shall cooperate with the secretary and shall comply with
9every request of the secretary relating to his or her functions.
SB352-SSA1, s. 9
10Section
9. 16.004 (12) (a) of the statutes is amended to read:
SB352-SSA1,7,1711
16.004
(12) (a) In this subsection, "state agency" means an association,
12authority, board, department, commission, independent agency, institution, office,
13society or other body in state government created or authorized to be created by the
14constitution or any law, including the legislature, the office of the governor and the
15courts, but excluding the University of Wisconsin Hospitals and Clinics Authority
,
16the Wisconsin Aerospace Authority, and the Fox River Navigational System
17Authority.
SB352-SSA1,7,2319
16.01
(1) In this section, "agency" means any office, department, agency,
20institution of higher education, association, society or other body in state
21government created or authorized to be created by the constitution or any law which
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, and any authority created under
subch. II of ch. 114 or ch. 231, 233 or 234.
SB352-SSA1,8,6
116.045
(1) (a) "Agency" means an office, department, independent 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, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 232,
6233, 234, 235, or 237.
SB352-SSA1,8,98
16.41
(4) In this section, "authority" means a body created under
subch. II of
9ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,8,1211
16.417
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 12ch. 231, 232, 233, 234, 235
, or 237.
SB352-SSA1,8,2314
16.52
(7) Petty cash account. With the approval of the secretary, each agency
15which is authorized to maintain a contingent fund under s. 20.920 may establish a
16petty cash account from its contingent fund. The procedure for operation and
17maintenance of petty cash accounts and the character of expenditures therefrom
18shall be prescribed by the secretary. In this subsection, "agency" means an office,
19department, independent agency, institution of higher education, association,
20society or other body in state government created or authorized to be created by the
21constitution or any law, which is entitled to expend moneys appropriated by law,
22including the legislature and the courts, but not including an authority created in
23subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,9,6
116.528
(1) (a) "Agency" means an office, department, independent 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, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 233,
6234, or 237.
SB352-SSA1,9,158
16.53
(2) Improper invoices. If an agency receives an improperly completed
9invoice, the agency shall notify the sender of the invoice within 10 working days after
10it receives the invoice of the reason it is improperly completed. In this subsection,
11"agency" means an office, department, independent agency, institution of higher
12education, association, society or other body in state government created or
13authorized to be created by the constitution or any law, which is entitled to expend
14moneys appropriated by law, including the legislature and the courts, but not
15including an authority created in
subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,9,2217
16.54
(9) (a) 1. "Agency" means an office, department, independent agency,
18institution of higher education, association, society or other body in state
19government created or authorized to be created by the constitution or any law, which
20is entitled to expend moneys appropriated by law, including the legislature and the
21courts, but not including an authority created in
subch. II of ch. 114 or ch. 231, 233,
22234, or 237.
SB352-SSA1, s. 18
23Section
18. 16.611 (2) (a) and (c) of the statutes are amended to read:
SB352-SSA1,9,2524
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
25transfer of public records and records of the University of Wisconsin Hospitals and
1Clinics Authority
and of the Wisconsin Aerospace Authority to optical disk or
2electronic format and for the maintenance of such records stored in optical disk or
3electronic format, including procedures to ensure the authenticity, accuracy,
4reliability and accessibility of any public records or records of the University of
5Wisconsin Hospitals and Clinics Authority
or of the Wisconsin Aerospace Authority 6so transferred and procedures to ensure that such records are protected from
7unauthorized destruction.
SB352-SSA1,10,118
(c) The department shall prescribe, by rule, qualitative standards for optical
9disks and for copies of documents generated from optical disks used to store public
10records and records of the University of Wisconsin Hospitals and Clinics Authority
11and of the Wisconsin Aerospace Authority.
SB352-SSA1,10,1413
16.70
(2) "Authority" means a body created under
subch. II of ch. 114 or ch. 231,
14232, 233, 234, 235, or 237.
SB352-SSA1,11,316
16.75
(1m) The department shall award each order or contract for materials,
17supplies or equipment on the basis of life cycle cost estimates, whenever such action
18is appropriate. Each authority other than the University of Wisconsin Hospitals and
19Clinics Authority
and the Wisconsin Aerospace Authority shall award each order or
20contract for materials, supplies or equipment on the basis of life cycle cost estimates,
21whenever such action is appropriate. The terms, conditions and evaluation criteria
22to be applied shall be incorporated in the solicitation of bids or proposals. The life
23cycle cost formula may include, but is not limited to, the applicable costs of energy
24efficiency, acquisition and conversion, money, transportation, warehousing and
25distribution, training, operation and maintenance and disposition or resale. The
1department shall prepare documents containing technical guidance for the
2development and use of life cycle cost estimates, and shall make the documents
3available to local governmental units.
SB352-SSA1, s. 21
4Section
21. 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d) and (8) of the statutes
5are amended to read:
SB352-SSA1,11,146
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
8Aerospace Authority, and the Bradley Center Sports and Entertainment
9Corporation shall include in all contracts executed by them a provision obligating the
10contractor not to discriminate against any employee or applicant for employment
11because of age, race, religion, color, handicap, sex, physical condition, developmental
12disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
13or national origin and, except with respect to sexual orientation, obligating the
14contractor to take affirmative action to ensure equal employment opportunities.
SB352-SSA1,12,5
15(2) Contracting agencies, the University of Wisconsin Hospitals and Clinics
16Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
17Authority, and the Bradley Center Sports and Entertainment Corporation shall
18include the following provision in every contract executed by them: "In connection
19with the performance of work under this contract, the contractor agrees not to
20discriminate against any employee or applicant for employment because of age, race,
21religion, color, handicap, sex, physical condition, developmental disability as defined
22in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
23not be limited to, the following: employment, upgrading, demotion or transfer;
24recruitment or recruitment advertising; layoff or termination; rates of pay or other
25forms of compensation; and selection for training, including apprenticeship. Except
1with respect to sexual orientation, the contractor further agrees to take affirmative
2action to ensure equal employment opportunities. The contractor agrees to post in
3conspicuous places, available for employees and applicants for employment, notices
4to be provided by the contracting officer setting forth the provisions of the
5nondiscrimination clause".
SB352-SSA1,12,10
6(4) Contracting agencies, the University of Wisconsin Hospitals and Clinics
7Authority, the Fox River Navigational System Authority,
the Wisconsin Aerospace
8Authority, and the Bradley Center Sports and Entertainment Corporation shall take
9appropriate action to revise the standard government contract forms under this
10section.
SB352-SSA1,12,23
11(5) The head of each contracting agency and the boards of directors of the
12University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
13System Authority,
the Wisconsin Aerospace Authority, and the Bradley Center
14Sports and Entertainment Corporation shall be primarily responsible for obtaining
15compliance by any contractor with the nondiscrimination and affirmative action
16provisions prescribed by this section, according to procedures recommended by the
17department. The department shall make recommendations to the contracting
18agencies and the boards of directors of the University of Wisconsin Hospitals and
19Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
20Aerospace Authority, and the Bradley Center Sports and Entertainment
21Corporation for improving and making more effective the nondiscrimination and
22affirmative action provisions of contracts. The department shall promulgate such
23rules as may be necessary for the performance of its functions under this section.
SB352-SSA1,13,5
24(6) The department may receive complaints of alleged violations of the
25nondiscrimination provisions of such contracts. The department shall investigate
1and determine whether a violation of this section has occurred. The department may
2delegate this authority to the contracting agency, the University of Wisconsin
3Hospitals and Clinics Authority, the Fox River Navigational System Authority,
the
4Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
5Corporation for processing in accordance with the department's procedures.
SB352-SSA1,13,12
6(7) (intro.) When a violation of this section has been determined by the
7department, the contracting agency, the University of Wisconsin Hospitals and
8Clinics Authority, the Fox River Navigational System Authority,
the Wisconsin
9Aerospace Authority, or the Bradley Center Sports and Entertainment Corporation,
10the contracting agency, the University of Wisconsin Hospitals and Clinics Authority,
11the Fox River Navigational System Authority,
the Wisconsin Aerospace Authority, 12or the Bradley Center Sports and Entertainment Corporation shall:
SB352-SSA1,13,1713
(d) Direct the violating party to take immediate steps to prevent further
14violations of this section and to report its corrective action to the contracting agency,
15the University of Wisconsin Hospitals and Clinics Authority, the Fox River
16Navigational System Authority,
the Wisconsin Aerospace Authority, or the Bradley
17center sports and entertainment corporation.
SB352-SSA1,14,4
18(8) If further violations of this section are committed during the term of the
19contract, the contracting agency, the Fox River Navigational System Authority,
the
20Wisconsin Aerospace Authority, or the Bradley Center Sports and Entertainment
21Corporation may permit the violating party to complete the contract, after complying
22with this section, but thereafter the contracting agency, the Fox River Navigational
23System Authority,
the Wisconsin Aerospace Authority, or the Bradley Center Sports
24and Entertainment Corporation shall request the department to place the name of
25the party on the ineligible list for state contracts, or the contracting agency, the Fox
1River Navigational System Authority,
the Wisconsin Aerospace Authority, or the
2Bradley Center Sports and Entertainment Corporation may terminate the contract
3without liability for the uncompleted portion or any materials or services purchased
4or paid for by the contracting party for use in completing the contract.
SB352-SSA1,14,76
16.838
(1) (b) "Authority" means a body created under
subch. II of ch. 114 or 7ch. 231, 232, 233, 234, 235, or 237.
SB352-SSA1,14,189
16.85
(2) To furnish engineering, architectural, project management and other
10building construction services whenever requisitions therefor are presented to the
11department by any agency. The department may deposit moneys received from the
12provision of these services in the account under s. 20.505 (1) (kc) or in the general
13fund as general purpose revenue — earned. In this subsection, "agency" means an
14office, department, independent agency, institution of higher education, association,
15society or other body in state government created or authorized to be created by the
16constitution or any law, which is entitled to expend moneys appropriated by law,
17including the legislature and the courts, but not including an authority created in
18subch. II of ch. 114 or ch. 231, 233, 234, or 237.
SB352-SSA1,15,920
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
21proportionate share of the estimated costs attributable to programs administered by
22the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
23may charge premiums to agencies to finance costs under this subsection and pay the
24costs from the appropriation on an actual basis. The department shall deposit all
25collections under this subsection in the appropriation account under s. 20.505 (2) (k).
1Costs assessed under this subsection may include judgments, investigative and
2adjustment fees, data processing and staff support costs, program administration
3costs, litigation costs and the cost of insurance contracts under sub. (5). In this
4subsection, "agency" means an office, department, independent agency, institution
5of higher education, association, society or other body in state government created
6or authorized to be created by the constitution or any law, which is entitled to expend
7moneys appropriated by law, including the legislature and the courts, but not
8including an authority created in
subch. II of ch. 114 or ch. 231, 232, 233, 234, 235,
9or 237.
SB352-SSA1,15,1211
19.42
(10) (q) The executive director and members of the board of directors of
12the Wisconsin Aerospace Authority.
SB352-SSA1, s. 26
13Section
26. 20.005 (3) (schedule) of the statutes: at the appropriate place,
14insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB352-SSA1,15,1816
20.395
(2) (mq)
Astronautics assistance, state funds. As a continuing
17appropriation, the amounts in the schedule for the state's share of spaceport projects
18and for the Wisconsin Aerospace Authority under subch. II of ch. 114.
SB352-SSA1,16,4
120.395
(2) (mv)
Astronautics assistance, local funds. All moneys received by
2the state from any local unit of government or other source for spaceports and for the
3Wisconsin Aerospace Authority under subch. II of ch. 114 and the loan program
4under s. 114.375, for such purposes.
SB352-SSA1,16,86
20.395
(2) (mx)
Astronautics assistance, federal funds. All moneys received
7from the federal government for spaceports and for the Wisconsin Aerospace
8Authority under subch. II of ch. 114, for such purposes.
SB352-SSA1,16,1410
23.175
(1) (b) "State agency" means any office, department, agency, institution
11of higher education, association, society or other body in state government created
12or authorized to be created by the constitution or any law which is entitled to expend
13moneys appropriated by law, including any authority created under
subch. II of ch.
14114 or ch. 231, 233, 234, or 237 but not including the legislature or the courts.
SB352-SSA1, s. 31
15Section
31. 24.61 (2) (a) 10. of the statutes is created to read:
SB352-SSA1,16,1616
24.61
(2) (a) 10. Bonds of the Wisconsin Aerospace Authority.
SB352-SSA1, s. 32
17Section
32. 25.17 (3) (b) 13. of the statutes is created to read:
SB352-SSA1,16,1818
25.17
(3) (b) 13. Bonds issued by the Wisconsin Aerospace Authority.
SB352-SSA1,17,420
25.50
(1) (d) "Local government" means any county, town, village, city, power
21district, sewerage district, drainage district, town sanitary district, public inland
22lake protection and rehabilitation district, local professional baseball park district
23created under subch. III of ch. 229, family care district under s. 46.2895, local
24professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, public library system, school
1district or technical college district in this state, any commission, committee, board
2or officer of any governmental subdivision of this state, any court of this state, other
3than the court of appeals or the supreme court, or any authority created under s.
4114.61, 231.02, 233.02 or 234.02.
SB352-SSA1,17,106
32.01
(1) "Person" includes the state, a county, town, village, city, school district
7or other municipal corporation, a board, commission, including a commission created
8by contract under s. 66.0301, corporation, or housing authority created under ss.
966.1201 to 66.1211 or redevelopment authority created under s. 66.1333
or the
10Wisconsin Aerospace Authority created under s. 114.61.
SB352-SSA1,17,1312
32.02
(11m) The Wisconsin Aerospace Authority created under subch. II of ch.
13114.
SB352-SSA1,18,10
1532.05 Condemnation for sewers and transportation facilities. (intro.)
16In this section, "mass transit facility" includes, without limitation because of
17enumeration, exclusive or preferential bus lanes if those lanes are limited to
18abandoned railroad rights-of-way or existing expressways constructed before
19May 17, 1978, highway control devices, bus passenger loading areas and terminal
20facilities, including shelters, and fringe and corridor parking facilities to serve bus
21and other public mass transportation passengers, together with the acquisition,
22construction, reconstruction and maintenance of lands and facilities for the
23development, improvement and use of public mass transportation systems for the
24transportation of passengers. This section does not apply to proceedings in 1st class
25cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
166.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
2subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
3of the condemning authority. Condemnation by a local exposition district under
4subch. II of ch. 229 for any exposition center or exposition center facility may proceed
5under this section or under s. 32.06 at the option of the local exposition district. All
6other condemnation of property for public alleys, streets, highways, airports,
7spaceports, mass transit facilities, or other transportation facilities, gas or leachate
8extraction systems to remedy environmental pollution from a solid waste disposal
9facility, storm sewers and sanitary sewers, watercourses or water transmission and
10distribution facilities shall proceed as follows: