Amendment JR1 AA1-AB6

LRBa0275/1

CTS/MPG/JTK/RAC:kjf:jf

January 2011 Special Session

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 6

January 26, 2011 - Offered by Representatives Molepske Jr and Bernard Schaber.

AB6-AA1,1,1 At the locations indicated, amend the bill as follows:

AB6-AA1,1,2 1. Page 4, line 6: after that line insert:

AB6-AA1,1,3 " Section 6m. 13.94 (1) (nt) of the statutes is created to read:

AB6-AA1,1,9 13.94 (1) (nt) Annually, conduct a financial audit of the Wisconsin Economic Development Corporation. The legislative audit bureau shall also conduct annual performance audits of the activities of the Wisconsin Economic Development Corporation and any programs developed and implemented by the board of directors of the Wisconsin Economic Development Corporation. The legislative audit bureau shall file copies of audit reports with the list of distributees specified in par. (b).

AB6-AA1, s. 6r Section 6r. 13.94 (1s) (c) 5. of the statutes is created to read:

AB6-AA1,1,12 13.94 (1s) (c) 5. The Wisconsin Economic Development Corporation under sub. (1) (nt).".

AB6-AA1,1,13 2. Page 5, line 25: after that line insert:

AB6-AA1,2,1 " Section 11m. 16.03 of the statutes is created to read:

AB6-AA1,2,4 16.03 Contractual services agreement with the Wisconsin Economic Development Corporation. (1) In this section, "board" means the board of the Wisconsin Economic Development Corporation.

AB6-AA1,2,6 (2) The secretary shall enter into a contractual services agreement with the board to provide employee services for the board under s. 238.045.

AB6-AA1,2,12 (3) (a) Any contractual services agreement under sub. (2) may include a provision that authorizes the board to perform specified duties for the department with respect to employees of the department. This authorization may include duties related to supervising employees, taking disciplinary action, or recommending new hires or layoffs, or with respect to collective bargaining, claims, complaints, or benefits and records administration.

AB6-AA1,2,16 (b) Any authorization under par. (a) shall comply with all applicable provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the office of state employment relations to the department, and any collective bargaining agreement with respect to employees of the department.".

AB6-AA1,2,17 3. Page 6, line 23: after that line insert:

AB6-AA1,2,18 " Section 15m. 20.505 (1) (gp) of the statutes is created to read:

AB6-AA1,2,23 20.505 (1) (gp) Contractual services agreement with Wisconsin Economic Development Corporation. All moneys received from the Wisconsin Economic Development Corporation under any contractual services agreement entered into under s. 16.03 (2) to provide employee services for the Wisconsin Economic Development Corporation.".

AB6-AA1,2,24 4. Page 13, line 16: after that line insert:

AB6-AA1,3,1 " Section 28m. 19.42 (10) (t) of the statutes is created to read:

AB6-AA1,3,3 19.42 (10) (t) Nonclerical employees of the Wisconsin Economic Development Corporation.

AB6-AA1, s. 28n Section 28n. 19.42 (13) (p) of the statutes is created to read:

AB6-AA1,3,6 19.42 (13) (p) Nonclerical employees of the Wisconsin Economic Development Corporation.".

AB6-AA1,3,7 5. Page 18, line 24: delete "and".

AB6-AA1,3,9 6. Page 19, line 1: after "governor" insert ", the speaker of the assembly or the speaker's designee, and the senate majority leader or the majority leader's designee".

AB6-AA1,3,11 7. Page 20, line 7: delete "Employ" and substitute "Subject to s. 238.045, employ".

AB6-AA1,3,12 8. Page 20, line 14: after that line insert:

AB6-AA1,3,16 "238.045 Contractual services agreement with the department of administration. The board shall contract with the department of administration under s. 16.03 (2) for all employee services of the corporation, except for executive, supervisory, and managerial employee services.".

AB6-AA1,3,17 9. Page 21, line 1: delete lines 1 to 4 and substitute:

AB6-AA1,3,20 "238.07 Goals and accountability measures; reporting. (1) Goals and accountability measures. The board shall do all of the following for each economic development program implemented under s. 238.03:

AB6-AA1,3,22 (a) Establish clear and measurable goals for the program that are tied to the duties of the board under s. 238.03.

AB6-AA1,3,24 (b) Establish at least one quantifiable benchmark for each program goal described in par. (a).

AB6-AA1,4,5 (c) Require that each recipient of a grant, loan, or other award under the program submit a report to the corporation. Each contract with a recipient of a grant, loan, or other award under the program shall specify the frequency and format of the report to be submitted to the corporation and the performance measures to be included in the report.

AB6-AA1,4,8 (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).

AB6-AA1,4,10 (e) Annually and independently verify, from a sample of grants, loans, or other awards the accuracy of the information required to be reported under par. (c).

AB6-AA1,4,18 (f) Establish a requirement that the recipient of a grant, loan, or other award under the program of at least $100,000 submit to the corporation 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 under this paragraph in the contract entered into by the recipient of a grant, loan, or other award.

AB6-AA1,4,25 (g) Establish policies and procedures requiring the department to recoup payments made to a recipient of a grant, loan, or other award under the program, and permitting the board to, in addition to all other available legal remedies, do all of the following if a recipient of a grant, loan, or other award or tax benefits under the program submits false or misleading information to the corporation 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:

AB6-AA1,5,1 1. Recoup payments made to the recipient.

AB6-AA1,5,2 2. Withhold payments to be made to the recipient.

AB6-AA1,5,3 3. Impose a financial penalty on the recipient.

AB6-AA1,5,10 (2) Economic development assistance reporting. Annually, no later than December 31, 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 implemented by the board. The board shall make readily accessible to the public on an Internet-based system the information required under this subsection. The report shall include all of the following information:

AB6-AA1,5,11 (a) A description of each program.

AB6-AA1,5,13 (b) Quantifiable performance measures directly related to the purpose of the program including, when applicable, all of the following information:

AB6-AA1,5,16 1. An accounting of the location, by municipality, of each recipient of a grant, loan, or other award and each job created or retained in the state in the previous fiscal year as a result of the program.

AB6-AA1,5,21 2. An accounting of the industry classification, based on the standard industrial classification manual, 1987 edition, published by the U.S. Office of management and budget; by municipality, of each recipient of a grant, loan or other award and each job created or retained in the state during the year as a result of the program.

AB6-AA1,5,25 3. An accounting of the kind of employment position, including whether the position is full-time, part-time, temporary, seasonal, salaried, hourly, managerial, represented, or nonrepresented, by municipality, of each job created or retained in the state during the year as a result of the program.

AB6-AA1,6,2 4. An accounting of the salary or hourly wage, by municipality, of each job created or retained in the state during the year as a result of the program.

AB6-AA1,6,5 5. An accounting of the extent to which each recipient of a grant, loan, or other award retrained or relocated current employees during the year as a result of the program.

AB6-AA1,6,8 6. An accounting of the extent to which each recipient of a grant, loan, or other award utilized the Wisconsin supply chain, including Wisconsin manufacturers, suppliers, transporters, warehouses, and retailers, during the year.