SB6-SSA1,15,16 1420.192 Wisconsin Economic Development Corporation. There is
15appropriated to the Wisconsin Economic Development Corporation for the following
16program:
SB6-SSA1,16,4
1(1) Promotion of economic development. (a) Operations and programs. As
2a continuing appropriation, the amounts in the schedule for the operations of the
3Wisconsin Economic Development Corporation and for funding economic
4development programs developed and implemented under s. 238.03.
SB6-SSA1,16,85 (k) Transferred general fund moneys from department of commerce. All moneys
6transferred under 2011 Wisconsin Act .... (this act), section 9155 (2), for the
7operations of the Wisconsin Economic Development Corporation and for funding
8economic development programs developed and implemented under s. 238.03.
SB6-SSA1,16,119 (m) Federal aid; programs. All moneys received from the federal government
10as authorized by the governor under s. 16.54, for the purposes of funding programs
11administered by the Wisconsin Economic Development Corporation.
SB6-SSA1, s. 39 12Section 39. 40.02 (28) of the statutes is amended to read:
SB6-SSA1,16,2313 40.02 (28) "Employer" means the state, including each state agency, any
14county, city, village, town, school district, other governmental unit or
15instrumentality of 2 or more units of government now existing or hereafter created
16within the state, any federated public library system established under s. 43.19
17whose territory lies within a single county with a population of 500,000 or more, a
18local exposition district created under subch. II of ch. 229, the Wisconsin Economic
19Development Corporation created under ch. 238,
a transit authority created under
20s. 66.1039, and a long-term care district created under s. 46.2895, except as provided
21under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts
22district created under subch. V of ch. 229. Each employer shall be a separate legal
23jurisdiction for OASDHI purposes.
SB6-SSA1, s. 40 24Section 40. 40.02 (36) of the statutes is amended to read:
SB6-SSA1,17,11
140.02 (36) "Governing body" means the legislature or the head of each state
2agency with respect to employees of that agency for the state, the common council
3in cities, the village board in villages, the town board in towns, the county board in
4counties, the school board in school districts, or the board, commission , or other
5governing body having the final authority for any other unit of government, for any
6agency or instrumentality of 2 or more units of government, for any federated public
7library system established under s. 43.19 whose territory lies within a single county
8with a population of 500,000 or more, for a local exposition district created under
9subch. II of ch. 229, for the Wisconsin Economic Development Corporation created
10under ch. 238,
or for a long-term care district created under s. 46.2895, but does not
11include a local cultural arts district created under subch. V of ch. 229.
SB6-SSA1, s. 41 12Section 41. 40.02 (54) (m) of the statutes is created to read:
SB6-SSA1,17,1413 40.02 (54) (m) The Wisconsin Economic Development Corporation, but only if
14the corporation elects to become a participating employer under s. 40.21 (1).
SB6-SSA1, s. 42 15Section 42. 70.11 (38r) of the statutes is created to read:
SB6-SSA1,17,1916 70.11 (38r) Economic Development Corporation. All property owned by the
17Wisconsin Economic Development Corporation, provided that use of the property is
18primarily related to the purposes of the Wisconsin Economic Development
19Corporation.
SB6-SSA1, s. 43 20Section 43. 71.26 (1) (be) of the statutes is amended to read:
SB6-SSA1,17,2521 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
22Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
23Authority, of the Wisconsin Quality Home Care Authority, of the Fox River
24Navigational System Authority, of the Wisconsin Economic Development
25Corporation,
and of the Wisconsin Aerospace Authority.
SB6-SSA1, s. 44
1Section 44. 77.54 (9a) (a) of the statutes is amended to read:
SB6-SSA1,18,62 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
3Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
4Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care
5Authority, the Wisconsin Economic Development Corporation, and the Fox River
6Navigational System Authority.
SB6-SSA1, s. 45 7Section 45. 100.45 (1) (dm) of the statutes is amended to read:
SB6-SSA1,18,178 100.45 (1) (dm) "State agency" means any office, department, agency,
9institution of higher education, association, society, or other body in state
10government created or authorized to be created by the constitution or any law which
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, the Wisconsin Housing and Economic Development Authority, the Bradley
13Center Sports and Entertainment Corporation, the University of Wisconsin
14Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
15Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
16Authority, the Wisconsin Economic Development Corporation, and the Fox River
17Navigational System Authority.
SB6-SSA1, s. 46 18Section 46. 101.177 (1) (d) of the statutes is amended to read:
SB6-SSA1,19,419 101.177 (1) (d) "State 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, that
22is entitled to expend moneys appropriated by law, including the legislature and the
23courts, the Wisconsin Housing and Economic Development Authority, the Bradley
24Center Sports and Entertainment Corporation, the University of Wisconsin
25Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin

1Quality Home Care Authority, the Wisconsin Economic Development Corporation,
2and the Wisconsin Health and Educational Facilities Authority, but excluding the
3Health Insurance Risk-Sharing Plan Authority and the Lower Fox River
4Remediation Authority.
SB6-SSA1, s. 47 5Section 47. 230.03 (3) of the statutes is amended to read:
SB6-SSA1,19,156 230.03 (3) "Agency" means any board, commission, committee, council, or
7department in state government or a unit thereof created by the constitution or
8statutes if such board, commission, committee, council, department, unit, or the
9head thereof, is authorized to appoint subordinate staff by the constitution or
10statute, except a legislative or judicial board, commission, committee, council,
11department, or unit thereof or an authority created under subch. II of ch. 114 or
12subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
13"Agency" does not mean any local unit of government or body within one or more local
14units of government that is created by law or by action of one or more local units of
15government.
SB6-SSA1, s. 48 16Section 48. Chapter 238 of the statutes is created to read:
SB6-SSA1,19,1717 Chapter 238
SB6-SSA1,19,19 18Wisconsin economic development
19 corporation
SB6-SSA1,19,20 20238.01 Definitions. In this chapter, except as otherwise provided:
SB6-SSA1,19,21 21(1) "Board" means the board of directors of the corporation.
SB6-SSA1,19,22 22(2) "Corporation" means the Wisconsin Economic Development Corporation.
SB6-SSA1,19,25 23(3) "Economic development program" means a program or activity having the
24primary purpose of encouraging the establishment and growth of business in this
25state, including the creation and retention of jobs.
SB6-SSA1,20,14
1238.02 Creation and organization of corporation. (1) There is created
2an authority, which is a public body corporate and politic, to be known as the
3"Wisconsin Economic Development Corporation." The members of the board shall
4consist of the governor, who shall serve as chairperson of the board, and 6 members
5nominated by the governor, and with the advice and consent of the senate appointed,
6to serve at the pleasure of the governor; 3 members appointed by the speaker of the
7assembly, consisting of one majority and one minority party representative to the
8assembly, appointed as are the members of standing committees in the assembly, and
9one person employed in the private sector, to serve at the speaker's pleasure; and 3
10members appointed by the senate majority leader, consisting of one majority and one
11minority party senator, appointed as are members of standing committees in the
12senate, and one person employed in the private sector, to serve at the majority
13leader's pleasure. The secretary of administration and the secretary of revenue shall
14also serve on the board as nonvoting members.
SB6-SSA1,20,18 15(2) A majority of the voting members of the board constitutes a quorum for the
16purpose of conducting its business and exercising its powers and for all other
17purposes, notwithstanding the existence of any vacancies. Action may be taken by
18the board upon a vote of a majority of the voting members present.
SB6-SSA1,20,23 19(3) A chief executive officer shall be nominated by the governor, and with the
20advice and consent of the senate appointed, to serve at the pleasure of the governor.
21The board may delegate to the chief executive officer any powers and duties the board
22considers proper. The chief executive officer shall receive such compensation as may
23be determined by the board.
SB6-SSA1,21,4 24238.03 Duties of board. (1) The board shall develop and implement economic
25programs to provide business support and expertise and financial assistance to

1companies that are investing and creating jobs in Wisconsin and to support new
2business start-ups and business expansion and growth in Wisconsin. The board may
3also develop and implement any other programs related to economic development in
4Wisconsin.
SB6-SSA1,21,6 5(2) For each program developed and implemented by the board, the board shall
6do all of the following:
SB6-SSA1,21,87 (a) Establish clear and measurable goals for the program that are tied to
8statutory or programmatic policy objectives.
SB6-SSA1,21,109 (b) Establish at least one quantifiable benchmark for each program goal
10described in par. (a).
SB6-SSA1,21,1411 (c) Require that each recipient of a grant or loan under the program submit a
12report to the corporation. Each contract with a recipient of a grant or loan under the
13program must specify the frequency and format of the report to be submitted to the
14corporation and the performance measures to be included in the report.
SB6-SSA1,21,1715 (d) Establish a method for evaluating the projected results of the program with
16actual outcomes as determined by evaluating the information described in pars. (a)
17and (b).
SB6-SSA1,21,1918 (e) Annually and independently verify, from a sample of grants and loans, the
19accuracy of the information required to be reported under par. (c).
SB6-SSA1,21,21 20(3) The board shall require for each program developed and implemented by
21the board all of the following:
SB6-SSA1,22,322 (a) That each recipient of a grant or loan under the program of at least $100,000
23submit to the corporation a verified statement describing the recipient's expenditure
24of the grant or loan funds, signed by both an independent certified public accountant
25and the director or principal officer of the recipient to attest to the accuracy of the

1verified statement. The board shall also require the recipient of such a grant or loan
2to make available for inspection the documents supporting the verified statement.
3The board must include the requirement in the contract with grant or loan recipients.
SB6-SSA1,22,74 (b) That the board, if a recipient of a grant or loan under the program submits
5false or misleading information to the corporation or fails to comply with the terms
6of a contract entered into with the corporation, without providing satisfactory
7explanation for the noncompliance, do all of the following:
SB6-SSA1,22,88 1. Recoup payments made to the recipient.
SB6-SSA1,22,99 2. Withhold future payments to be made to the recipient.
SB6-SSA1,22,1010 3. Impose a financial penalty on the recipient.
SB6-SSA1,22,13 11238.04 Powers of board. The board shall have all the powers necessary or
12convenient to carry out the purposes and provisions of this chapter. In addition to
13all other powers granted the board under this chapter, the board may specifically:
SB6-SSA1,22,15 14(1) Adopt, amend, and repeal any bylaws, policies, and procedures for the
15regulation of its affairs and the conduct of its business.
SB6-SSA1,22,16 16(2) Have a seal and alter the seal at pleasure.
SB6-SSA1,22,17 17(3) Maintain an office.
SB6-SSA1,22,18 18(4) Sue and be sued.
SB6-SSA1,22,20 19(5) Accept gifts, grants, loans, or other contributions from private or public
20sources.
SB6-SSA1,22,22 21(6) Establish the corporation's annual budget and monitor the fiscal
22management of the corporation.
SB6-SSA1,22,24 23(7) Execute contracts and other instruments required for the operation of the
24corporation.
SB6-SSA1,23,2
1(8) Employ any officers, agents, and employees that it may require and
2determine their qualifications, duties, and compensation.
SB6-SSA1,23,3 3(9) Issue notes, bonds, and any other obligations.
SB6-SSA1,23,4 4(10) Make loans and provide grants.
SB6-SSA1,23,5 5(11) Incur debt.
SB6-SSA1,23,6 6(12) Procure liability insurance.
SB6-SSA1,23,8 7(13) Elect to become a participating employer in the Wisconsin Retirement
8System under s. 40.21 (1).
SB6-SSA1,23,12 9238.05 Department of commerce assistance and coordination. (1) If
10requested by the board, the department of commerce shall provide staff or other
11resources to assist the board in carrying out the purposes and provisions of this
12chapter.
SB6-SSA1,23,14 13(2) To the greatest extent practicable, the department of commerce and the
14board shall seek to coordinate their economic development programs.
SB6-SSA1,23,18 15238.06 Liability limited. Neither the state nor any political subdivision of
16the state, nor any officer, employee, or agent of the state or a political subdivision of
17the state who is acting within the scope of employment or agency, is liable for any
18debt, obligation, act, or omission of the corporation.
SB6-SSA1,23,23 19238.07 Submission of annual reports to legislature. (1) Annually, by
20January 1, the board shall submit to the chief clerk of each house of the legislature,
21for distribution to the legislature under s. 13.172 (2), a report identifying the
22economic development projects that the board intends to develop and implement
23during the current calendar year.
SB6-SSA1,24,3 24(2) Annually, no later than October l, the board shall submit to the joint
25legislative audit committee and the chief clerk of each house of the legislature, for

1distribution to the legislature under s. 13.172 (2), a report for the previous fiscal year
2on each of the economic development programs of the corporation that contains all
3of the following:
SB6-SSA1,24,44 (a) A description of each program.
SB6-SSA1,24,55 (b) A comparison of expected and actual program outcomes.
SB6-SSA1,24,66 (c) The number of grants made under the program.
SB6-SSA1,24,77 (d) The number of loans made under the program.
SB6-SSA1,24,88 (e) The amount of each grant and loan made under the program.
SB6-SSA1,24,99 (f) The recipient of each grant or loan made under the program.
SB6-SSA1,24,1110 (g) The sum total of all grants and loans awarded to and received by each
11recipient under the program.
SB6-SSA1,24,1212 (h) Any recommended changes to the program.
SB6-SSA1,24,14 13(3) The board shall make readily accessible to the public on an Internet-based
14system the information required under sub. (2).
SB6-SSA1, s. 49 15Section 49. 281.75 (4) (b) 3. of the statutes is amended to read:
SB6-SSA1,24,1716 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231,
17233, 234, or 237, or 238.
SB6-SSA1, s. 50 18Section 50. 285.59 (1) (b) of the statutes is amended to read:
SB6-SSA1,25,319 285.59 (1) (b) "State agency" means any office, department, agency, institution
20of higher education, association, society, or other body in state government created
21or authorized to be created by the constitution or any law which is entitled to expend
22moneys appropriated by law, including the legislature and the courts, the Wisconsin
23Housing and Economic Development Authority, the Bradley Center Sports and
24Entertainment Corporation, the University of Wisconsin Hospitals and Clinics
25Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace

1Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
2Development Corporation,
and the Wisconsin Health and Educational Facilities
3Authority.
SB6-SSA1, s. 9155 4Section 9155. Nonstatutory provisions; Other.
SB6-SSA1,25,105 (1) Abolition of department of commerce positions. Notwithstanding section
616.505 (1) of the statutes, before July 1, 2011, the secretary of administration may
7abolish any full-time equivalent position or portion thereof that is funded from the
8general fund from revenues appropriated under section 20.143 of the statutes and
9that is assigned duties relating to economic development programs of the
10department of commerce.
SB6-SSA1,25,2011 (2) Transfer of moneys from the department of commerce to the Wisconsin
12Economic Development Corporation.
Before July 1, 2011, or the effective date of the
132011-2013 biennial budget act, whichever is later, the secretary of administration
14may transfer moneys from any general fund appropriation under section 20.143 (1)
15or (4) of the statutes that are used to fund economic development programs of the
16department of commerce to the appropriation under section 20.192 (1) (k) of the
17statutes, as created by this act. The secretary may not transfer any moneys under
18this subsection if the transfer of those moneys would violate a condition imposed by
19the federal government on the expenditure of the moneys or if the transfer would
20violate the federal or state constitution.
SB6-SSA1, s. 9455 21Section 9455. Effective dates; Other.
SB6-SSA1,25,23 22(1) Dual employment. The treatment of section 16.417 (1) (a) (by Section 20 )
23and (b) of the statutes takes effect on January 1, 2012.
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