SB6-SSA2, s. 27 5Section 27. 16.765 (2) of the statutes is amended to read:
SB6-SSA2,10,236 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
10Wisconsin Economic Development Corporation,
and the Bradley Center Sports and
11Entertainment Corporation shall include the following provision in every contract
12executed by them: "In connection with the performance of work under this contract,
13the contractor agrees not to discriminate against any employee or applicant for
14employment because of age, race, religion, color, handicap, sex, physical condition,
15developmental disability as defined in s. 51.01 (5), sexual orientation or national
16origin. This provision shall include, but not be limited to, the following: employment,
17upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
18termination; rates of pay or other forms of compensation; and selection for training,
19including apprenticeship. Except with respect to sexual orientation, the contractor
20further agrees to take affirmative action to ensure equal employment opportunities.
21The contractor agrees to post in conspicuous places, available for employees and
22applicants for employment, notices to be provided by the contracting officer setting
23forth the provisions of the nondiscrimination clause".
SB6-SSA2, s. 28 24Section 28. 16.765 (5) of the statutes is amended to read:
SB6-SSA2,11,18
116.765 (5) The head of each contracting agency and the boards of directors of
2the University of Wisconsin Hospitals and Clinics Authority, the Fox River
3Navigational System Authority, the Wisconsin Aerospace Authority, the Health
4Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
5Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
6Development Corporation,
and the Bradley Center Sports and Entertainment
7Corporation shall be primarily responsible for obtaining compliance by any
8contractor with the nondiscrimination and affirmative action provisions prescribed
9by this section, according to procedures recommended by the department. The
10department shall make recommendations to the contracting agencies and the boards
11of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox
12River Navigational System Authority, the Wisconsin Aerospace Authority, the
13Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
14Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
15Development Corporation,
and the Bradley Center Sports and Entertainment
16Corporation for improving and making more effective the nondiscrimination and
17affirmative action provisions of contracts. The department shall promulgate such
18rules as may be necessary for the performance of its functions under this section.
SB6-SSA2, s. 29 19Section 29. 16.765 (6) of the statutes is amended to read:
SB6-SSA2,12,420 16.765 (6) The department may receive complaints of alleged violations of the
21nondiscrimination provisions of such contracts. The department shall investigate
22and determine whether a violation of this section has occurred. The department may
23delegate this authority to the contracting agency, the University of Wisconsin
24Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
25Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,

1the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
2Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
3Sports and Entertainment Corporation for processing in accordance with the
4department's procedures.
SB6-SSA2, s. 30 5Section 30. 16.765 (7) (intro.) of the statutes is amended to read:
SB6-SSA2,12,176 16.765 (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, the Health Insurance Risk-Sharing Plan Authority, the Lower
10Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
11Wisconsin Economic Development Corporation,
or the Bradley Center Sports and
12Entertainment Corporation, the contracting agency, the University of Wisconsin
13Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
14Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
15the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care
16Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
17Sports and Entertainment Corporation shall:
SB6-SSA2, s. 31 18Section 31. 16.765 (7) (d) of the statutes is amended to read:
SB6-SSA2,13,219 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
20further violations of this section and to report its corrective action to the contracting
21agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
22Navigational System Authority, the Wisconsin Aerospace Authority, the Health
23Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
24Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic

1Development Corporation,
or the Bradley Center Sports and Entertainment
2Corporation.
SB6-SSA2, s. 32 3Section 32. 16.765 (8) of the statutes is amended to read:
SB6-SSA2,13,234 16.765 (8) If further violations of this section are committed during the term
5of the contract, the contracting agency, the Fox River Navigational System Authority,
6the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
7Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home
8Care Authority, the Wisconsin Economic Development Corporation, or the Bradley
9Center Sports and Entertainment Corporation may permit the violating party to
10complete the contract, after complying with this section, but thereafter the
11contracting agency, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
13Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the
14Wisconsin Economic Development Corporation,
or the Bradley Center Sports and
15Entertainment Corporation shall request the department to place the name of the
16party on the ineligible list for state contracts, or the contracting agency, the Fox River
17Navigational System Authority, the Wisconsin Aerospace Authority, the Health
18Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
19Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic
20Development Corporation,
or the Bradley Center Sports and Entertainment
21Corporation may terminate the contract without liability for the uncompleted
22portion or any materials or services purchased or paid for by the contracting party
23for use in completing the contract.
SB6-SSA2, s. 33 24Section 33. 16.85 (2) of the statutes is amended to read:
SB6-SSA2,14,10
116.85 (2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, "agency" means an
6office, department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, which is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.
SB6-SSA2, s. 34 11Section 34. 16.865 (8) of the statutes is amended to read:
SB6-SSA2,15,212 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
13proportionate share of the estimated costs attributable to programs administered by
14the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
15may charge premiums to agencies to finance costs under this subsection and pay the
16costs from the appropriation on an actual basis. The department shall deposit all
17collections under this subsection in the appropriation account under s. 20.505 (2) (k).
18Costs assessed under this subsection may include judgments, investigative and
19adjustment fees, data processing and staff support costs, program administration
20costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
21subsection, "agency" means an office, department, independent agency, institution
22of higher education, association, society, or other body in state government created
23or authorized to be created by the constitution or any law, that is entitled to expend
24moneys appropriated by law, including the legislature and the courts, but not

1including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
252, 231, 232, 233, 234, 235, 237, 238, or 279.
SB6-SSA2, s. 35 3Section 35. 19.42 (10) (sm) of the statutes is created to read:
SB6-SSA2,15,64 19.42 (10) (sm) The members of the board of directors of the Wisconsin
5Economic Development Corporation employed in the private sector who are
6appointed by the speaker of the assembly and the senate majority leader.
SB6-SSA2, s. 36 7Section 36. 19.42 (13) (om) of the statutes is created to read:
SB6-SSA2,15,108 19.42 (13) (om) The members of the board of directors of the Wisconsin
9Economic Development Corporation employed in the private sector who are
10appointed by the speaker of the assembly and the senate majority leader.
SB6-SSA2, s. 37 11Section 37. 40.02 (28) of the statutes is amended to read:
SB6-SSA2,15,2212 40.02 (28) "Employer" means the state, including each state agency, any
13county, city, village, town, school district, other governmental unit or
14instrumentality of 2 or more units of government now existing or hereafter created
15within the state, any federated public library system established under s. 43.19
16whose territory lies within a single county with a population of 500,000 or more, a
17local exposition district created under subch. II of ch. 229, the Wisconsin Economic
18Development Corporation created under ch. 238,
a transit authority created under
19s. 66.1039, and a long-term care district created under s. 46.2895, except as provided
20under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts
21district created under subch. V of ch. 229. Each employer shall be a separate legal
22jurisdiction for OASDHI purposes.
SB6-SSA2, s. 38 23Section 38. 40.02 (36) of the statutes is amended to read:
SB6-SSA2,16,924 40.02 (36) "Governing body" means the legislature or the head of each state
25agency with respect to employees of that agency for the state, the common council

1in cities, the village board in villages, the town board in towns, the county board in
2counties, the school board in school districts, or the board, commission , or other
3governing body having the final authority for any other unit of government, for any
4agency or instrumentality of 2 or more units of government, for any federated public
5library system established under s. 43.19 whose territory lies within a single county
6with a population of 500,000 or more, for a local exposition district created under
7subch. II of ch. 229, for the Wisconsin Economic Development Corporation created
8under ch. 238,
or for a long-term care district created under s. 46.2895, but does not
9include a local cultural arts district created under subch. V of ch. 229.
SB6-SSA2, s. 39 10Section 39. 40.02 (54) (m) of the statutes is created to read:
SB6-SSA2,16,1211 40.02 (54) (m) The Wisconsin Economic Development Corporation, but only if
12the corporation elects to become a participating employer under s. 40.21 (1).
SB6-SSA2, s. 40 13Section 40. 70.11 (38r) of the statutes is created to read:
SB6-SSA2,16,1714 70.11 (38r) Economic Development Corporation. All property owned by the
15Wisconsin Economic Development Corporation, provided that use of the property is
16primarily related to the purposes of the Wisconsin Economic Development
17Corporation.
SB6-SSA2, s. 41 18Section 41. 71.26 (1) (be) of the statutes is amended to read:
SB6-SSA2,16,2319 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
20Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
21Authority, of the Wisconsin Quality Home Care Authority, of the Fox River
22Navigational System Authority, of the Wisconsin Economic Development
23Corporation,
and of the Wisconsin Aerospace Authority.
SB6-SSA2, s. 42 24Section 42. 77.54 (9a) (a) of the statutes is amended to read:
SB6-SSA2,17,5
177.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health
3Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care
4Authority, the Wisconsin Economic Development Corporation, and the Fox River
5Navigational System Authority.
SB6-SSA2, s. 43 6Section 43. 100.45 (1) (dm) of the statutes is amended to read:
SB6-SSA2,17,167 100.45 (1) (dm) "State agency" means any office, department, agency,
8institution of higher education, association, society, or other body in state
9government created or authorized to be created by the constitution or any law which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, the Wisconsin Housing and Economic Development Authority, the Bradley
12Center Sports and Entertainment Corporation, the University of Wisconsin
13Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
14Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
15Authority, the Wisconsin Economic Development Corporation, and the Fox River
16Navigational System Authority.
SB6-SSA2, s. 44 17Section 44. 101.177 (1) (d) of the statutes is amended to read:
SB6-SSA2,18,318 101.177 (1) (d) "State agency" means any office, department, agency,
19institution of higher education, association, society, or other body in state
20government created or authorized to be created by the constitution or any law, that
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, the Wisconsin Housing and Economic Development Authority, the Bradley
23Center Sports and Entertainment Corporation, the University of Wisconsin
24Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
25Quality Home Care Authority, the Wisconsin Economic Development Corporation,

1and the Wisconsin Health and Educational Facilities Authority, but excluding the
2Health Insurance Risk-Sharing Plan Authority and the Lower Fox River
3Remediation Authority.
SB6-SSA2, s. 45 4Section 45. 230.03 (3) of the statutes is amended to read:
SB6-SSA2,18,145 230.03 (3) "Agency" means any board, commission, committee, council, or
6department in state government or a unit thereof created by the constitution or
7statutes if such board, commission, committee, council, department, unit, or the
8head thereof, is authorized to appoint subordinate staff by the constitution or
9statute, except a legislative or judicial board, commission, committee, council,
10department, or unit thereof or an authority created under subch. II of ch. 114 or
11subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
12"Agency" does not mean any local unit of government or body within one or more local
13units of government that is created by law or by action of one or more local units of
14government.
SB6-SSA2, s. 46 15Section 46. Chapter 238 of the statutes is created to read:
SB6-SSA2,18,1616 Chapter 238
SB6-SSA2,18,18 17Wisconsin economic development
18 corporation
SB6-SSA2,18,19 19238.01 Definitions. In this chapter, except as otherwise provided:
SB6-SSA2,18,20 20(1) "Board" means the board of directors of the corporation.
SB6-SSA2,18,21 21(2) "Corporation" means the Wisconsin Economic Development Corporation.
SB6-SSA2,18,24 22(3) "Economic development program" means a program or activity having the
23primary purpose of encouraging the establishment and growth of business in this
24state, including the creation and retention of jobs.
SB6-SSA2,19,14
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-SSA2,19,18 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-SSA2,19,23 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-SSA2,20,4 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-SSA2,20,6 5(2) For each program developed and implemented by the board, the board shall
6do all of the following:
SB6-SSA2,20,87 (a) Establish clear and measurable goals for the program that are tied to
8statutory or programmatic policy objectives.
SB6-SSA2,20,109 (b) Establish at least one quantifiable benchmark for each program goal
10described in par. (a).
SB6-SSA2,20,1411 (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-SSA2,20,1715 (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-SSA2,20,1918 (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-SSA2,20,21 20(3) The board shall require for each program developed and implemented by
21the board all of the following:
SB6-SSA2,21,322 (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-SSA2,21,74 (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-SSA2,21,88 1. Recoup payments made to the recipient.
SB6-SSA2,21,99 2. Withhold future payments to be made to the recipient.
SB6-SSA2,21,1010 3. Impose a financial penalty on the recipient.
SB6-SSA2,21,13 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-SSA2,21,15 14(1) Adopt, amend, and repeal any bylaws, policies, and procedures for the
15regulation of its affairs and the conduct of its business.
SB6-SSA2,21,16 16(2) Have a seal and alter the seal at pleasure.
SB6-SSA2,21,17 17(3) Maintain an office.
SB6-SSA2,21,18 18(4) Sue and be sued.
SB6-SSA2,21,20 19(5) Accept gifts, grants, loans, or other contributions from private or public
20sources.
SB6-SSA2,21,22 21(6) Establish the corporation's annual budget and monitor the fiscal
22management of the corporation.
SB6-SSA2,21,24 23(7) Execute contracts and other instruments required for the operation of the
24corporation.
SB6-SSA2,22,2
1(8) Employ any officers, agents, and employees that it may require and
2determine their qualifications, duties, and compensation.
SB6-SSA2,22,3 3(9) Issue notes, bonds, and any other obligations.
SB6-SSA2,22,4 4(10) Make loans and provide grants.
SB6-SSA2,22,5 5(11) Incur debt.
SB6-SSA2,22,6 6(12) Procure liability insurance.
SB6-SSA2,22,8 7(13) Elect to become a participating employer in the Wisconsin Retirement
8System under s. 40.21 (1).
SB6-SSA2,22,12 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-SSA2,22,14 13(2) To the greatest extent practicable, the department of commerce and the
14board shall seek to coordinate their economic development programs.
SB6-SSA2,22,18 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-SSA2,22,23 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-SSA2,23,3 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-SSA2,23,44 (a) A description of each program.
SB6-SSA2,23,55 (b) A comparison of expected and actual program outcomes.
SB6-SSA2,23,66 (c) The number of grants made under the program.
SB6-SSA2,23,77 (d) The number of loans made under the program.
SB6-SSA2,23,88 (e) The amount of each grant and loan made under the program.
SB6-SSA2,23,99 (f) The recipient of each grant or loan made under the program.
SB6-SSA2,23,1110 (g) The sum total of all grants and loans awarded to and received by each
11recipient under the program.
SB6-SSA2,23,1212 (h) Any recommended changes to the program.
SB6-SSA2,23,14 13(3) The board shall make readily accessible to the public on an Internet-based
14system the information required under sub. (2).
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