JR1 AB6: Bill Text

LRB-0624/3

RAC/CMH/CTS:wlj&cjs:md

January 2011 Special Session

2011 - 2012 LEGISLATURE

Assembly BILL 6

January 11, 2011 - Introduced by Committee on Assembly Organization, by request of Governor Scott Walker. Referred to Committee on Jobs, Economy and Small Business.

AB6,1,10 An Act to amend 1.12 (1) (b), 13.172 (1), 13.48 (13) (a), 13.62 (2), 13.95 (intro.), 16.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.045 (1) (a), 16.15 (1) (ab), 16.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.765 (1), 16.765 (2), 16.765 (5), 16.765 (6), 16.765 (7) (intro.), 16.765 (7) (d), 16.765 (8), 16.85 (2), 16.865 (8), 40.02 (28), 40.02 (36), 71.26 (1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 101.177 (1) (d), 230.03 (3), 281.75 (4) (b) 3. and 285.59 (1) (b); and to create 13.48 (10) (b) 6., 13.48 (12) (b) 5., 20.192, 40.02 (54) (m), 70.11 (38r) and chapter 238 of the statutes; relating to: creation of an authority, to be known as the Wisconsin Economic Development Corporation, and making appropriations.

Analysis by the Legislative Reference Bureau

This bill creates an authority, which is a public body corporate and politic, to be known as the Wisconsin Economic Development Corporation (WEDC). The WEDC is governed by a board that consists of the governor, who shall serve as chairperson of the board, and 11 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The secretary of administration and the secretary of revenue also serve on the board as nonvoting members. The WEDC has a chief executive officer who is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The board may delegate to the chief executive officer any powers and duties the board considers proper.

Under the bill, the board must develop and implement economic programs to provide business support and expertise and financial assistance to companies that are investing and creating jobs in Wisconsin and to support new business start-ups and business expansion and growth in Wisconsin. In addition, the board may develop and implement any other programs related to economic development in Wisconsin. The board is given all the powers necessary or convenient to carry out its duties, as well as specific powers to conduct its corporate business. The bill specifically requires the Department of Commerce (Commerce) to provide staff or other resources to assist the board in carrying out its duties and requires that Commerce and the board coordinate their economic development programs. Finally, the board must submit to the legislature a report on the activities of the WEDC and the programs developed and implemented by the board.

The WEDC employees are not state employees, although the WEDC may elect to become a participating employer under the Wisconsin Retirement System. The members of the board and the chief executive officer are subject to state ethics laws.

In addition to creating the WEDC, the bill authorizes the secretary of administration, before July 1, 2011, to abolish any full-time equivalent position or portion thereof from revenues appropriated to Commerce and authorizes the secretary to transfer funds from Commerce appropriations to WEDC appropriations.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB6, s. 1 Section 1. 1.12 (1) (b) of the statutes is amended to read:

AB6,2,7 1.12 (1) (b) "State agency" means an office, department, agency, institution of higher education, the legislature, a legislative service agency, the courts, a judicial branch agency, an association, society, or other body in state government that is created or authorized to be created by the constitution or by law, for which appropriations are made by law, excluding the Health Insurance Risk-Sharing Plan Authority and the Wisconsin Economic Development Corporation.

AB6, s. 2 Section 2. 13.172 (1) of the statutes is amended to read:

AB6,3,6 13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 238, or 279.

AB6, s. 3 Section 3. 13.48 (10) (b) 6. of the statutes is created to read:

AB6,3,8 13.48 (10) (b) 6. Projects of the Wisconsin Economic Development Corporation.

AB6, s. 4 Section 4. 13.48 (12) (b) 5. of the statutes is created to read:

AB6,3,11 13.48 (12) (b) 5. A facility constructed by or for the Wisconsin Economic Development Corporation.

AB6, s. 5 Section 5. 13.48 (13) (a) of the statutes is amended to read:

AB6,3,25 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB6, s. 6 Section 6. 13.62 (2) of the statutes is amended to read:

AB6,4,6 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 237, 238, or 279, except that the term does not include a council or committee of the legislature.

AB6, s. 7 Section 7. 13.95 (intro.) of the statutes is amended to read:

AB6,4,21 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB6, s. 8 Section 8. 16.002 (2) of the statutes is amended to read:

AB6,5,2 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and or in chs. ch. 52, 231, 232, 233, 234, 235, 237, and 238, or 279.

AB6, s. 9 Section 9. 16.004 (4) of the statutes is amended to read:

AB6,5,9 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB6, s. 10 Section 10. 16.004 (5) of the statutes is amended to read:

AB6,5,15 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

AB6, s. 11 Section 11. 16.004 (12) (a) of the statutes is amended to read:

AB6,5,25 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB6, s. 12 Section 12. 16.045 (1) (a) of the statutes is amended to read:

AB6,6,7 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.

AB6, s. 13 Section 13. 16.15 (1) (ab) of the statutes is amended to read:

AB6,6,13 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Health Insurance Risk-Sharing Plan Authority.

AB6, s. 14 Section 14. 16.41 (4) of the statutes is amended to read:

AB6,6,16 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, 238, or 279.

AB6, s. 15 Section 15. 16.417 (1) (a) of the statutes is amended to read:

AB6,6,23 16.417 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority or the body created under subch. III of ch. 149 or under ch. 238.

AB6, s. 16 Section 16. 16.52 (7) of the statutes is amended to read:

AB6,7,10 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, 238, or 279.

AB6, s. 17 Section 17. 16.528 (1) (a) of the statutes is amended to read: