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MDK:emw
2019 - 2020 LEGISLATURE
May 30, 2019 - Introduced by Senators Miller, Larson, Risser, Smith and L.
Taylor
, cosponsored by Representatives Shankland, Neubauer, Brostoff,
Cabrera, Considine, Doyle, Kolste, McGuire, B. Meyers, Milroy, Ohnstad,
Pope, Sargent, Sinicki, Spreitzer, Stubbs, Subeck, C. Taylor and Zamarripa.
Referred to Committee on Government Operations, Technology and
Consumer Protection.
SB253,2,2 1An Act to amend 7.33 (1) (c), 13.172 (1), 13.62 (2), 13.94 (4) (a) 1., 13.95 (intro.),
216.002 (2), 16.004 (4), 16.004 (5), 16.004 (12) (a), 16.01 (1), 16.045 (1) (a), 16.41
3(4), 16.417 (1) (b), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70 (2),
416.75 (1m), 16.765 (1), 16.765 (2), 16.765 (5), 16.765 (6), 16.765 (7) (intro.),
516.765 (7) (d), 16.765 (8), 16.838 (1) (b), 16.85 (2), 16.865 (8), 23.175 (1) (b), 71.26
6(1) (be), 77.54 (9a) (a), 100.45 (1) (dm), 106.16 (2), 106.16 (3), 230.03 (3), 238.10
7(1), 281.75 (4) (b) 3., 285.59 (1) (b) and 706.11 (1) (c) 2.; and to create 13.94 (1)
8(w), 19.42 (10) (qm), 20.498, 25.17 (3) (b) 14., 40.02 (54) (k), 66.0603 (1m) (a) 3v.,
970.11 (38o), 71.05 (1) (c) 7m., 71.26 (1m) (o), 71.45 (1t) (n), 219.09 (1) (h), chapter
10235 and 600.01 (1) (b) 8m. of the statutes; relating to: creating the Wisconsin
11Renewable Energy Development Authority to participate in and guarantee

1certain energy-related loans, implement other energy-related programs, and
2make certain grants and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates the Wisconsin Renewable Energy Development Authority and
authorizes WREDA to implement programs for developing renewable resources,
reducing energy consumption, and improving energy efficiency. An authority is a
public body created by state law that is not a state agency. Under this bill, the board
of directors of WREDA consists of 11 members. Five members of the board are
appointed by the governor with the advice and consent of the senate to four-year
terms. One of those members must be a commercial lender and four must represent
“eligible businesses," as defined in the bill and discussed below. The other members
are the following or their designees: the secretary of natural resources; the secretary
of agriculture, trade and consumer protection; the chief executive officer of the
Wisconsin Economic Development Corporation; the chair of the public service
commission; the dean of the University of Wisconsin-Madison College of Agriculture
and Life Sciences; and the director of the Wisconsin Alumni Research Foundation.
The board must appoint an executive director and, subject to a maximum limit,
determine the executive director's compensation.
The bill authorizes WREDA to issue bonds to carry out its functions, except that
WREDA may generally have no more than $500,000,000 in outstanding bonds at any
time. WREDA's bonds are not state debt. The bill creates an individual and
corporate income tax exemption for interest on bonds issued by WREDA. Also,
WREDA's purchases are exempt from sales tax. The bill also makes an appropriation
from the general fund to WREDA and requires WREDA to enter into an agreement
with the secretary of administration for repaying the appropriation from any
surpluses.
Because WREDA is not a state agency, numerous requirements that apply to
state agencies do not apply to WREDA. However, the bill treats WREDA like a state
agency for the purpose of specified requirements, including the following: 1) WREDA
is subject to the open meetings laws; 2) WREDA is subject to auditing by the
Legislative Audit Bureau; 3) WREDA is treated like a state agency for purposes of
requirements regarding lobbying; 4) the code of ethics for public officials and
employees applies to WREDA; and 5) employees of WREDA are considered state
employees for the purposes of state retirement benefits and health insurance
coverage. WREDA is also subject to the open records law, except that personal and
financial information provided by a person seeking financial assistance from
WREDA is confidential.
As discussed below, the bill allows WREDA to implement programs for
participating in loans, guaranteeing loans, and making grants. The bill also allows
WREDA to implement other programs.
Loan participation. The bill allows WREDA to participate in loans made by
lenders to eligible borrowers. The bill defines “eligible borrower" as an individual

residing in this state, or a partnership or corporation operating in this state, who
demonstrates a need for a loan for one of the following: 1) capital or operating
expenses of an eligible business or 2) any expenses of an eligible project. An “eligible
business" is defined as a commercial entity that either 1) produces energy, fuels,
chemicals, or products primarily from renewable resources or agricultural, forestry,
plant, or other biological materials or 2) provides services related to reducing energy
consumption or improving energy efficiency. “Eligible project" is defined as a project
for reducing energy consumption or improving energy efficiency of a commercial
entity. In addition, the project must involve constructing any new plant, equipment,
property, or facilities or extending, improving, or adding to an existing plant,
equipment, property, or facilities. To qualify as an “eligible borrower," a person must
demonstrate the ability to repay a loan. In addition, if the borrower is an individual,
he or she must be in compliance with any applicable child support and related
requirements.
The bill limits WREDA's participation in a loan to financing not more than 50
percent or $25,000,000, whichever is less, of the principal of the loan. In addition,
the lender must apply to WREDA for approval and enter into a participation
agreement with WREDA. Also, WREDA must ensure that it obtains a security
interest for the loan. The bill specifies other requirements, including requirements
for collateral, length of terms, and fees, and allows WREDA to adopt guidelines and
policies for loan participation.
Loan guarantees. The bill allows WREDA to establish programs with lenders
for guaranteeing repayment of loans for financing either 1) capital or operating
expenses of eligible businesses or 2) expenses of eligible projects. “Eligible business"
and “eligible project" are defined as described above. A loan is eligible for guarantee
if the borrower does not meet the lender's minimum standards of creditworthiness.
Also, new or expanded business must result for the commercial entity whose eligible
business or project is the subject of the loan. In addition, if the borrower is an
individual, he or she must be in compliance with any applicable child support and
related requirements. The bill allows WREDA to guarantee repayment of not more
than 90 percent of the principal of a loan. Other requirements apply to interest rates,
security interests, length and extension of terms, business insurance, origination
fees, refinancing, and guarantee agreements between WREDA and lenders. Also,
the total outstanding amount of all loans to a borrower may not exceed $25,000,000
or a lesser amount determined by WREDA.
The bill establishes a Wisconsin clean and renewable energy reserve fund
under WREDA's control, which is used for the guarantees described above. The bill
prohibits WREDA from using any other moneys for the guarantees. WREDA may
deposit into the reserve fund an amount that it determines from the appropriation
the bill makes to WREDA from the general fund. The reserve fund also consists of
income from WREDA's investment of reserve fund moneys, loan guarantee
origination fees, and moneys received from other sources. In addition, the bill
expresses the legislature's expectation that it will make appropriations to meet
demands for funds guaranteed by the reserve fund. The bill generally limits WREDA
to guaranteeing no more than $25,000,000 in total loans, except that the bill allows

the Joint Committee on Finance to increase or decrease that limit. The bill also
requires WREDA to ensure that the cash balance in the reserve fund is sufficient for
the following purposes: 1) paying outstanding claims and 2) maintaining a ratio of
$1 of reserve funding to $4.50 of total outstanding guarantees. If the cash balance
exceeds the amount required for those purposes, the bill requires WREDA annually
to transfer the excess to the general fund.
Grant program. The bill authorizes WREDA to make grants to eligible
businesses and projects, as defined above, as well as to persons engaged in the
commercialization of biological fuel, power, or products. WREDA must adopt
guidelines for making the grants. The guidelines must provide for a committee to
make determinations regarding grants, and the committee must consist of the
secretary of agriculture, trade and consumer protection, the secretary of natural
resources, and the chief executive officer of the Wisconsin Economic Development
Corporation. The guidelines may also allow the committee to make the grants on
behalf of WREDA.
Other programs. The bill allows WREDA to implement the following to
promote eligible businesses and projects, as defined above: 1) a revolving loan fund
program to finance eligible businesses or projects; 2) an equity financing program for
renewable energy generation businesses of agricultural producers; 3) a trading
program for environmental credits related to clean and renewable energy
production; 4) a technical assistance program for eligible businesses and certain
community-based projects; and 5) a program for WREDA to obtain licenses and
royalties on technologies developed with the assistance of WREDA.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
SB253,1 1Section 1. 7.33 (1) (c) of the statutes is amended to read:
SB253,4,42 7.33 (1) (c) “State agency" has the meaning given under s. 20.001 (1) and
3includes an authority created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235,
4or 237.
SB253,2 5Section 2 . 13.172 (1) of the statutes is amended to read:
SB253,5,46 13.172 (1) In this section, “agency" means an office, department, agency,
7institution of higher education, association, society, or other body in state

1government created or authorized to be created by the constitution or any law, that
2is entitled to expend moneys appropriated by law, including the legislature and the
3courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 235,
4238, or 279.
SB253,3 5Section 3 . 13.62 (2) of the statutes is amended to read:
SB253,5,96 13.62 (2) “Agency" means any board, commission, department, office, society,
7institution of higher education, council, or committee in the state government, or any
8authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 235, 237, 238,
9or 279, except that the term does not include a council or committee of the legislature.
SB253,4 10Section 4 . 13.94 (1) (w) of the statutes is created to read:
SB253,5,1311 13.94 (1) (w) Annually conduct a financial audit of the Wisconsin Renewable
12Energy Development Authority. The legislative audit bureau shall file a copy of each
13audit report under this paragraph with the distributees specified in par. (b).
SB253,5 14Section 5 . 13.94 (4) (a) 1. of the statutes is amended to read:
SB253,6,615 13.94 (4) (a) 1. Every state department, board, examining board, affiliated
16credentialing board, commission, independent agency, council or office in the
17executive branch of state government; all bodies created by the legislature in the
18legislative or judicial branch of state government; any public body corporate and
19politic created by the legislature including specifically the Fox River Navigational
20System Authority, the Lower Fox River Remediation Authority, the Wisconsin
21Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
22Wisconsin Economic Development Corporation, a professional baseball park district,
23a local professional football stadium district, a local cultural arts district and a
24long-term care district under s. 46.2895; every Wisconsin works agency under subch.
25III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical

1college district boards; every county department under s. 51.42 or 51.437; every
2nonprofit corporation or cooperative or unincorporated cooperative association to
3which moneys are specifically appropriated by state law; and every corporation,
4institution, association or other organization which receives more than 50 percent
5of its annual budget from appropriations made by state law, including subgrantee or
6subcontractor recipients of such funds.
SB253,6 7Section 6 . 13.95 (intro.) of the statutes is amended to read:
SB253,6,20 813.95 Legislative fiscal bureau. (intro.) There is created a bureau to be
9known as the “Legislative Fiscal Bureau" headed by a director. The fiscal bureau
10shall be strictly nonpartisan and shall at all times observe the confidential nature
11of the research requests received by it; however, with the prior approval of the
12requester in each instance, the bureau may duplicate the results of its research for
13distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's
14designated employees shall at all times, with or without notice, have access to all
15state agencies, the University of Wisconsin Hospitals and Clinics Authority, the
16Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
17Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
18Development Corporation, and the Fox River Navigational System Authority, and to
19any books, records, or other documents maintained by such agencies or authorities
20and relating to their expenditures, revenues, operations, and structure.
SB253,7 21Section 7 . 16.002 (2) of the statutes is amended to read:
SB253,7,222 16.002 (2) “Departments" means constitutional offices, departments, and
23independent agencies and includes all societies, associations, and other agencies of
24state government for which appropriations are made by law, but not including

1authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 235, 237, 238,
2or 279.
SB253,8 3Section 8 . 16.004 (4) of the statutes is amended to read:
SB253,7,94 16.004 (4) Freedom of access. The secretary and such employees of the
5department as the secretary designates may enter into the offices of state agencies
6and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 235,
7237, 238, and 279, and may examine their books and accounts and any other matter
8that in the secretary's judgment should be examined and may interrogate the
9agency's employees publicly or privately relative thereto.
SB253,9 10Section 9 . 16.004 (5) of the statutes is amended to read:
SB253,7,1411 16.004 (5) Agencies and employees to cooperate. All state agencies and
12authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 235, 237,
13238, and 279, and their officers and employees, shall cooperate with the secretary
14and shall comply with every request of the secretary relating to his or her functions.
SB253,10 15Section 10 . 16.004 (12) (a) of the statutes is amended to read:
SB253,7,2316 16.004 (12) (a) In this subsection, “state agency" means an association,
17authority, board, department, commission, independent agency, institution, office,
18society, or other body in state government created or authorized to be created by the
19constitution or any law, including the legislature, the office of the governor, and the
20courts, but excluding the University of Wisconsin Hospitals and Clinics Authority,
21the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
22Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
23Development Corporation, and the Fox River Navigational System Authority.
SB253,11 24Section 11. 16.01 (1) of the statutes is amended to read:
SB253,8,6
116.01 (1) In this section, “agency" means any office, department, agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, and any authority created under subch. II of ch. 114 or ch. 231, 233 or, 234,
6or 235
.
SB253,12 7Section 12 . 16.045 (1) (a) of the statutes is amended to read:
SB253,8,138 16.045 (1) (a) “Agency" means an office, department, independent 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, that
11is entitled to expend moneys appropriated by law, including the legislature and the
12courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232,
13233, 234, 235, 237, 238, or 279.
SB253,13 14Section 13 . 16.41 (4) of the statutes is amended to read:
SB253,8,1615 16.41 (4) In this section, “authority" means a body created under subch. II of
16ch. 114 or under ch. 231, 233, 234, 235, 237, 238, or 279.
SB253,14 17Section 14 . 16.417 (1) (b) of the statutes is amended to read:
SB253,8,1918 16.417 (1) (b) “Authority" means a body created under subch. II of ch. 114 or
19ch. 231, 232, 233, 234, 235, 237, 238, or 279.
SB253,15 20Section 15 . 16.52 (7) of the statutes is amended to read:
SB253,9,521 16.52 (7) Petty cash account. With the approval of the secretary, each agency
22that is authorized to maintain a contingent fund under s. 20.920 may establish a
23petty cash account from its contingent fund. The procedure for operation and
24maintenance of petty cash accounts and the character of expenditures therefrom
25shall be prescribed by the secretary. In this subsection, “agency" means an office,

1department, independent agency, institution of higher education, association,
2society, or other body in state government created or authorized to be created by the
3constitution or any law, that is entitled to expend moneys appropriated by law,
4including the legislature and the courts, but not including an authority created in
5subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237, 238, or 279.
SB253,16 6Section 16 . 16.528 (1) (a) of the statutes is amended to read:
SB253,9,127 16.528 (1) (a) “Agency" means an office, department, independent 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, that
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
12234, 235, 237, 238, or 279.
SB253,17 13Section 17 . 16.53 (2) of the statutes is amended to read:
SB253,9,2214 16.53 (2) Improper invoices. If an agency receives an improperly completed
15invoice, the agency shall notify the sender of the invoice within 10 working days after
16it receives the invoice of the reason it is improperly completed. In this subsection,
17“agency" means an office, department, independent agency, institution of higher
18education, association, society, or other body in state government created or
19authorized to be created by the constitution or any law, that is entitled to expend
20moneys appropriated by law, including the legislature and the courts, but not
21including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237,
22238, or 279.
SB253,18 23Section 18 . 16.54 (9) (a) 1. of the statutes is amended to read:
SB253,9,2524 16.54 (9) (a) 1. “Agency" means an office, department, independent agency,
25institution of higher education, association, society or other body in state

1government created or authorized to be created by the constitution or any law, which
2is entitled to expend moneys appropriated by law, including the legislature and the
3courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
4234, 235, 237, 238, or 279.
SB253,19 5Section 19 . 16.70 (2) of the statutes is amended to read:
SB253,10,76 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or under
7ch. 231, 232, 233, 234, 235, 237, or 279.
SB253,20 8Section 20 . 16.75 (1m) of the statutes is amended to read:
SB253,10,229 16.75 (1m) The department shall award each order or contract for materials,
10supplies or equipment on the basis of life cycle cost estimates, whenever such action
11is appropriate. Each authority other than the University of Wisconsin Hospitals and
12Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
13Aerospace Authority, and the Wisconsin Renewable Energy Development Authority
14shall award each order or contract for materials, supplies or equipment on the basis
15of life cycle cost estimates, whenever such action is appropriate. The terms,
16conditions and evaluation criteria to be applied shall be incorporated in the
17solicitation of bids or proposals. The life cycle cost formula may include, but is not
18limited to, the applicable costs of energy efficiency, acquisition and conversion,
19money, transportation, warehousing and distribution, training, operation and
20maintenance and disposition or resale. The department shall prepare documents
21containing technical guidance for the development and use of life cycle cost
22estimates, and shall make the documents available to local governmental units.
SB253,21 23Section 21 . 16.765 (1) of the statutes is amended to read:
SB253,11,924 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
25Clinics Authority, the Fox River Navigational System Authority, the Wisconsin

1Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
2Lower Fox River Remediation Authority, the Wisconsin Economic Development
3Corporation, and the Bradley Center Sports and Entertainment Corporation shall
4include in all contracts executed by them a provision obligating the contractor not
5to discriminate against any employee or applicant for employment because of age,
6race, religion, color, handicap, sex, physical condition, developmental disability as
7defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
8origin and, except with respect to sexual orientation, obligating the contractor to take
9affirmative action to ensure equal employment opportunities.
SB253,22 10Section 22 . 16.765 (2) of the statutes is amended to read:
SB253,12,311 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
14Lower Fox River Remediation Authority, the Wisconsin Economic Development
15Corporation, and the Bradley Center Sports and Entertainment Corporation shall
16include the following provision in every contract executed by them: “In connection
17with the performance of work under this contract, the contractor agrees not to
18discriminate against any employee or applicant for employment because of age, race,
19religion, color, handicap, sex, physical condition, developmental disability as defined
20in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
21not be limited to, the following: employment, upgrading, demotion or transfer;
22recruitment or recruitment advertising; layoff or termination; rates of pay or other
23forms of compensation; and selection for training, including apprenticeship. Except
24with respect to sexual orientation, the contractor further agrees to take affirmative
25action to ensure equal employment opportunities. The contractor agrees to post in

1conspicuous places, available for employees and applicants for employment, notices
2to be provided by the contracting officer setting forth the provisions of the
3nondiscrimination clause".
SB253,23 4Section 23 . 16.765 (5) of the statutes is amended to read:
SB253,12,215 16.765 (5) The head of each contracting agency and the boards of directors of
6the University of Wisconsin Hospitals and Clinics Authority, the Fox River
7Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
8Renewable Energy Development Authority,
the Lower Fox River Remediation
9Authority, the Wisconsin Economic Development Corporation, and the Bradley
10Center Sports and Entertainment Corporation shall be primarily responsible for
11obtaining compliance by any contractor with the nondiscrimination and affirmative
12action provisions prescribed by this section, according to procedures recommended
13by the department. The department shall make recommendations to the contracting
14agencies and the boards of directors of the University of Wisconsin Hospitals and
15Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
16Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
17Lower Fox River Remediation Authority, the Wisconsin Economic Development
18Corporation, and the Bradley Center Sports and Entertainment Corporation for
19improving and making more effective the nondiscrimination and affirmative action
20provisions of contracts. The department shall promulgate such rules as may be
21necessary for the performance of its functions under this section.
SB253,24 22Section 24 . 16.765 (6) of the statutes is amended to read:
SB253,13,623 16.765 (6) The department may receive complaints of alleged violations of the
24nondiscrimination provisions of such contracts. The department shall investigate
25and determine whether a violation of this section has occurred. The department may

1delegate this authority to the contracting agency, the University of Wisconsin
2Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
3Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
4Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
5Development Corporation, or the Bradley Center Sports and Entertainment
6Corporation for processing in accordance with the department's procedures.
SB253,25 7Section 25 . 16.765 (7) (intro.) of the statutes is amended to read:
SB253,13,188 16.765 (7) (intro.) When a violation of this section has been determined by the
9department, the contracting agency, the University of Wisconsin Hospitals and
10Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
11Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
12Lower Fox River Remediation Authority, the Wisconsin Economic Development
13Corporation, or the Bradley Center Sports and Entertainment Corporation, the
14contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
15Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
16Wisconsin Renewable Energy Development Authority,
the Lower Fox River
17Remediation Authority, the Wisconsin Economic Development Corporation, or the
18Bradley Center Sports and Entertainment Corporation shall:
SB253,26 19Section 26 . 16.765 (7) (d) of the statutes is amended to read:
SB253,14,220 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
21further violations of this section and to report its corrective action to the contracting
22agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
23Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
24Renewable Energy Development Authority,
the Lower Fox River Remediation

1Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
2Sports and Entertainment Corporation.
SB253,27 3Section 27 . 16.765 (8) of the statutes is amended to read:
SB253,14,214 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 Wisconsin Renewable Energy Development
7Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
8Development Corporation, or the Bradley Center Sports and Entertainment
9Corporation may permit the violating party to complete the contract, after complying
10with this section, but thereafter the contracting agency, the Fox River Navigational
11System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable
12Energy Development Authority,
the Lower Fox River Remediation Authority, the
13Wisconsin Economic Development Corporation, or the Bradley Center Sports and
14Entertainment Corporation shall request the department to place the name of the
15party on the ineligible list for state contracts, or the contracting agency, the Fox River
16Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
17Renewable Energy Development Authority,
the Lower Fox River Remediation
18Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
19Sports and Entertainment Corporation may terminate the contract without liability
20for the uncompleted portion or any materials or services purchased or paid for by the
21contracting party for use in completing the contract.
SB253,28 22Section 28. 16.838 (1) (b) of the statutes is amended to read:
SB253,14,2423 16.838 (1) (b) “Authority" means a body created under subch. II of ch. 114 or
24ch. 231, 232, 233, 234, 235, or 237.
SB253,29 25Section 29 . 16.85 (2) of the statutes is amended to read:
SB253,15,10
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 in ch. 231, 233, 234, 235, 237, 238, or 279.
SB253,30 11Section 30 . 16.865 (8) of the statutes is amended to read:
SB253,16,212 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 in ch. 231, 232, 233, 234, 235,
2237, 238, or 279.
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