LRBa0307/1
RAC:nwn&kjf:md
January 2011 Special Session
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 6,
TO ASSEMBLY BILL 6
January 26, 2011 - Offered by Representatives Williams, Kapenga, Loudenbeck,
Knilans
and Petryk.
AB6-AA6,1,11 At the locations indicated, amend the bill as follows:
AB6-AA6,1,2 21. Page 4, line 6: after that line insert:
AB6-AA6,1,3 3" Section 6e. 13.94 (1) (dr) of the statutes is created to read:
AB6-AA6,1,84 13.94 (1) (dr) Biennially, beginning in 2013, conduct a financial audit and a
5program evaluation audit of the economic development programs administered by
6the Wisconsin Economic Development Corporation under ch. 238. The legislative
7audit bureau shall file a copy of each audit report under this paragraph and with the
8distributees specified in par. (b).
AB6-AA6, s. 6h 9Section 6h. 13.94 (1) (mm) of the statutes is amended to read:
AB6-AA6,2,610 13.94 (1) (mm) No later than July 1, 2012, prepare a financial and performance
11evaluation audit of the economic development programs administered by the
12department of commerce, the University of Wisconsin System, the department of
13agriculture, trade and consumer protection, the department of natural resources, the

1Wisconsin Housing and Economic Development Authority, the Wisconsin Economic
2Development Corporation,
the department of tourism, the technical college system,
3and the department of transportation. In this paragraph, economic development
4program has the meaning given in s. 560.001 (1m). The legislative audit bureau shall
5file a copy of the report of the audit under this paragraph with the distributees
6specified in par. (b).
AB6-AA6, s. 6m 7Section 6m. 13.94 (1s) (c) 5. of the statutes is created to read:
AB6-AA6,2,98 13.94 (1s) (c) 5. The Wisconsin Economic Development Corporation for the cost
9of the audit required to be performed under sub. (1) (dr).
AB6-AA6, s. 6r 10Section 6r. 13.94 (4) (a) 1. of the statutes is amended to read:
AB6-AA6,3,211 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
12credentialing board, commission, independent agency, council or office in the
13executive branch of state government; all bodies created by the legislature in the
14legislative or judicial branch of state government; any public body corporate and
15politic created by the legislature including specifically the Wisconsin Quality Home
16Care Authority, the Fox River Navigational System Authority, the Lower Fox River
17Remediation Authority, and the Wisconsin Aerospace Authority, the Wisconsin
18Economic Development Corporation,
a professional baseball park district, a local
19professional football stadium district, a local cultural arts district and a long-term
20care district under s. 46.2895; every Wisconsin works agency under subch. III of ch.
2149; every provider of medical assistance under subch. IV of ch. 49; technical college
22district boards; every county department under s. 51.42 or 51.437; every nonprofit
23corporation or cooperative or unincorporated cooperative association to which
24moneys are specifically appropriated by state law; and every corporation, institution,
25association or other organization which receives more than 50% of its annual budget

1from appropriations made by state law, including subgrantee or subcontractor
2recipients of such funds.".
AB6-AA6,3,3 32. Page 6, line 23: after that line insert:
AB6-AA6,3,5 4" Section 15d. 16.417 (1) (a) of the statutes, as affected by 2011 Wisconsin Act
5.... (this act), is amended to read:
AB6-AA6,3,116 16.417 (1) (a) "Agency" means an office, department, independent agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law, that
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, but not including an authority or the body created under subch. III of ch. 149
11or under ch. 238.
AB6-AA6, s. 15h 12Section 15h. 16.417 (1) (b) of the statutes is amended to read:
AB6-AA6,3,1413 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
14ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.".
AB6-AA6,3,15 153. Page 18, line 20: after that line insert:
AB6-AA6,3,18 16"(3) "Economic development program" means a program or activity having the
17primary purpose of encouraging the establishment and growth of business in this
18state, including the creation and retention of jobs.".
AB6-AA6,3,19 194. Page 19, line 12: after " of board." insert "(1)".
AB6-AA6,3,20 205. Page 19, line 17: after that line insert:
AB6-AA6,3,22 21"(2) For each program developed and implemented by the board, the board
22shall do all of the following:
AB6-AA6,3,2423 (a) Establish clear and measurable goals for the program that are tied to
24statutory or programmatic policy objectives.
AB6-AA6,4,2
1(b) Establish at least one quantifiable benchmark for each program goal
2described in par. (a).
AB6-AA6,4,63 (c) Require that each recipient of a grant or loan under the program submit a
4report to the corporation. Each contract with a recipient of a grant or loan under the
5program must specify the frequency and format of the report to be submitted to the
6corporation and the performance measures to be included in the report.
AB6-AA6,4,97 (d) Establish a method for evaluating the projected results of the program with
8actual outcomes as determined by evaluating the information described in pars. (a)
9and (b).
AB6-AA6,4,1110 (e) Annually and independently verify, from a sample of grants and loans, the
11accuracy of the information required to be reported under par. (c).
AB6-AA6,4,13 12(3) The board shall require for each program developed and implemented by
13the board all of the following:
AB6-AA6,4,2014 (a) That each recipient of a grant or loan under the program of at least $100,000
15submit to the corporation a verified statement describing the recipient's expenditure
16of the grant or loan funds, signed by both an independent certified public accountant
17and the director or principal officer of the recipient to attest to the accuracy of the
18verified statement. The board shall also require the recipient of such a grant or loan
19to make available for inspection the documents supporting the verified statement.
20The board must include the requirement in the contract with grant or loan recipients.
AB6-AA6,4,2421 (b) That the board, if a recipient of a grant or loan under the program submits
22false or misleading information to the corporation or fails to comply with the terms
23of a contract entered into with the corporation, without providing satisfactory
24explanation for the noncompliance, do all of the following:
AB6-AA6,4,2525 1. Recoup payments made to the recipient.
AB6-AA6,5,1
12. Withhold future payments to be made to the recipient.
AB6-AA6,5,22 3. Impose a financial penalty on the recipient.".
AB6-AA6,5,3 36. Page 21, line 1: delete lines 1 to 4 and substitute:
AB6-AA6,5,8 4"238.07 Submission of annual reports to legislature. (1) Annually, by
5January 1, the board shall submit to the chief clerk of each house of the legislature,
6for distribution to the legislature under s. 13.172 (2), a report identifying the
7economic development projects that the board intends to develop and implement
8during the current calendar year.
AB6-AA6,5,13 9(2) Annually, no later than October l, the board shall submit to the joint
10legislative audit committee and the chief clerk of each house of the legislature, for
11distribution to the legislature under s. 13.172 (2), a report for the previous fiscal year
12on each of the economic development programs of the corporation that contains all
13of the following:
AB6-AA6,5,1414 (a) A description of each program.
AB6-AA6,5,1515 (b) A comparison of expected and actual program outcomes.
AB6-AA6,5,1616 (c) The number of grants made under the program.
AB6-AA6,5,1717 (d) The number of loans made under the program.
AB6-AA6,5,1818 (e) The amount of each grant and loan made under the program.
AB6-AA6,5,1919 (f) The recipient of each grant or loan made under the program.
AB6-AA6,5,2120 (g) The sum total of all grants and loans awarded to and received by each
21recipient under the program.
AB6-AA6,5,2222 (h) Any recommended changes to the program.
AB6-AA6,5,24 23(3) The board shall make readily accessible to the public on an Internet-based
24system the information required under sub. (2).".
AB6-AA6,6,1
17. Page 22, line 9: after that line insert:
AB6-AA6,6,2 2" Section 9455. Effective dates; Other.
AB6-AA6,6,4 3(1m) Dual employment. The treatment of section 16.417 (1) (a) (by Section
415d) and (b) of the statutes takes effect on January 1, 2012.".
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