reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.31 - Penalties and remedies for transfer of lots without recorded plat.

236.31
Penalties and remedies for transfer of lots without recorded plat.
(1)
Any subdivider or the subdivider's agent who offers or contracts to convey, or conveys, any subdivision as defined in s. 236.02 (12) or lot or parcel which lies in a subdivision as defined in s. 236.02 (12) knowing that the final plat thereof has not been recorded may be fined not more than $500 or imprisoned not more than 6 months or both; except where the preliminary or final plat of the subdivision has been filed for approval with the town or municipality in which the subdivision lies, an offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final plat and shall be void if such plat is not approved.
(2)
Any municipality, town, county, or state agency with subdivision review authority may institute injunction or other appropriate action or proceeding to enjoin a violation of any provision of this chapter, an ordinance, or a rule adopted under this chapter. Any such municipality, town, or county may impose a forfeiture for violation of any such ordinance, and order an assessor's plat to be made under s. 70.27 at the expense of the subdivider or the subdivider's agent when a subdivision is created under s. 236.02 (12) (am) 2. by successive divisions.
(3)
Any conveyance or contract to convey made by the subdivider or the subdivider's agent contrary to this section or involving a plat which was not entitled to be recorded under s. 236.25 (2) shall be voidable at the option of the purchaser or person contracting to purchase, his or her heirs, personal representative or trustee in insolvency or bankruptcy within one year after the execution of the document or contract; but such document or contract shall be binding on the vendor, the subdivider's assignee, heir or devisee.
History:  1979 c. 248 s. 25 (6); 1979 c. 355, 357; 1983 a. 189 s. 329 (23); 2013 a. 272.
Sub. (3) does not allow a purchaser to force a seller to violate sub. (1) and become subject to criminal penalties by doing so. Gordie Boucher Lincoln-Mercury Madison Inc. v. J & H Landfill, Inc., 172 Wis. 2d 333, 493 N.W.2d 375 (Ct. App. 1992).
Certified survey maps under s. 236.34 cannot substitute for subdivision surveys under s. 236.02 (8) [now sub. (12)]. Penalties under this section apply to improper use of certified surveys. 67 Atty. Gen. 294.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.32 - Penalty for disturbing or not placing monuments.

236.32
Penalty for disturbing or not placing monuments.
(1m)
Any of the following may be fined not more than $250 or imprisoned not more than one year in county jail for any of the following violations:
(a)
Any owner, professional land surveyor, or subdivider who fails to place monuments as prescribed in this chapter when subdividing land.
(b)
Any person who knowingly removes or disturbs any such monument without the permission of the governing body of the municipality or county in which the subdivision is located or fails to report such disturbance or removal to it.
(c)
Any person who fails to replace properly any monuments that have been removed or disturbed when ordered to do so by the governing body of the municipality or county in which the subdivision is located.
(2m)
Each monument to which a violation under sub. (1m) applies constitutes a separate violation.
History:  2013 a. 358.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.33 - Division of land into small parcels in cities of the first class prohibited; penalty.

236.33
Division of land into small parcels in cities of the first class prohibited; penalty.
It shall be unlawful to divide or subdivide and convey by deed or otherwise any lot in any recorded plat or any parcel or tract of unplatted land in any city of the first class so as to create a lot or parcel of land which does not have street or public highway frontage of at least 4 feet or an easement to a street or public highway of a minimum width of 4 feet but this section shall not apply to conveyances by tax deed or through the exercise of eminent domain or to such reductions in size or area as are caused by the taking of property for public purposes. This section shall not prohibit the dividing or subdividing of any lot or parcel of land in any such city where the divided or subdivided parts thereof which become joined in ownership with any other lot or parcel of land comply with the requirements of this section, if the remaining portion of such lot or parcel so divided or subdivided complies. Any person who shall make such conveyance or procure such a sale or act as agent in procuring such sale or conveyance shall be fined not less than $100 or more than $500 or imprisoned not more than 6 months or both.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.335 - Prohibited subdividing; forfeit.

236.335
Prohibited subdividing; forfeit.
No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of safety and professional services under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of safety and professional services.
History:  1979 c. 221; 1995 a. 27 s. 9130 (4); 1997 a. 3; 2007 a. 20; 2011 a. 32.
Discussing the circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64 Atty. Gen. 80.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.35 - Sale of lands abutting on private way outside corporate limits of municipality.

236.35
Sale of lands abutting on private way outside corporate limits of municipality.
(1)
No person shall sell any parcel of land of one acre or less in size, located outside the corporate limits of a municipality, if it abuts on a road which has not been accepted as a public road unless the seller informs the purchaser in writing of the fact that the road is not a public road and is not required to be maintained by the town or county.
(2)
Any person violating this section may be fined not more than $200 or imprisoned not more than 30 days or both.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.36 - Replats.

236.36
Replats.
Except as provided in s. 70.27 (1), replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to vacate the original plat or the specific part thereof.
A recorded subdivision may be replatted under this section without undertaking the court proceedings set forth in ss. 236.40, 236.41, and 236.42 if the replat complies with the requirements of this chapter applicable to original plats and does not alter areas dedicated to the public. 58 Atty. Gen. 145.
A replat of a recorded subdivision must comply with the formal platting requirements of this chapter relating to new subdivision plats, including those relating to the survey, approval, and recording. 63 Atty. Gen. 193.
This section permits the replat of a part of a previously recorded subdivision plat, without circuit court action, if the only areas dedicated to the public in that portion of the original subdivision being replatted were discontinued streets fully and properly vacated under s. 66.296 [now s. 66.1003]. 63 Atty. Gen. 210.
Discussing the circumstances under which lots in a recorded subdivision may be legally divided without replatting. 64 Atty. Gen. 80.
This chapter does not require a replat when the division of a lot or redivision of more than one lot does not meet the definition of a “subdivision" under this section. 67 Atty. Gen. 121.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.40 - Who may apply for vacation of plat.

236.40
Who may apply for vacation of plat.
Any of the following may apply to the circuit court for the county in which a subdivision is located for the vacation or alteration of all or part of the recorded plat of that subdivision:
(1)
The owner of the subdivision or of any lot in the subdivision.
(2)
The county board if the county has acquired an interest in the subdivision or in any lot in the subdivision by tax deed.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.41 - How notice given.

236.41
How notice given.
Notice of the application for the vacation or alteration of the plat shall be given at least 3 weeks before the application:
(1)
By posting a written notice thereof in at least 2 of the most public places in the county; and
(2)
By publication of a copy of the notice as a class 3 notice, under ch. 985; and
(3)
By service of the notice in the manner required for service of a summons in the circuit court on the municipality or town in which the subdivision is located, and if it is located in a county having a population of 750,000 or over, on the county; and
(4)
By mailing a copy of the notice to the owners of record of all the lots in the subdivision or the part of the subdivision proposed to be vacated or altered at their last-known address.
History:  2017 a. 207 s. 5.
The provisions of this section relating to vacation of streets are inapplicable to assessors' plats under s. 70.27. Once properly filed and recorded, an assessor's plat becomes the operative document of record, and only sections specified in s. 236.03 (2) apply to assessors' plats. Schaetz v. Town of Scott, 222 Wis. 2d 90, 585 N.W.2d 889 (Ct. App. 1998), 98-0841.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.42 - Hearing and order.

236.42
Hearing and order.
(1)
After requiring proof that the notices required by s. 236.41 have been given and after hearing all interested parties, the court may in its discretion grant an order vacating or altering the plat or any part thereof except:
(a)
The court shall not vacate any alleys immediately in the rear of lots fronting on county trunk highways without the prior approval of the county board or on state trunk highways without the prior approval of the department of transportation.
(b)
The court shall not vacate any parts of the plat which have been dedicated to and accepted by the public for public use except as provided in s. 236.43.
(2)
The vacation or alteration of a plat shall not affect:
(a)
Any restriction under s. 236.293, unless the public body having the right to enforce the restriction has in writing released or waived such restriction.
(b)
Any restrictive covenant applying to any of the platted land.
History:  1977 c. 29 s. 1654 (8) (c).
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.44 - Recording order.

236.44
Recording order.
The applicant for the vacation or alteration shall record in the office of the register of deeds the order vacating or altering the plat together with the plat showing the part vacated if only part of the plat is vacated or the altered plat if the plat is altered.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.445 - Discontinuance of streets by county board.

236.445
Discontinuance of streets by county board.
Any county board may alter or discontinue any street, slip or alley in any recorded plat in any town in such county, not within any city or village, in the same manner and with like effect as provided in s. 66.1003.
History:  1999 a. 150 s. 672.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.46 - County plans.

236.46
County plans.
(1)
(a)
The county planning agency may prepare plans, in such units as it may determine, for the future platting of lands within the county, but without the limits of any municipality, or for the future location of streets or highways or parkways, and the extension or widening of existing streets and highways. Before completion of these plans, the county planning agency shall fix the time and place it will hear all persons who desire to be heard upon the proposed plans, and shall give notice of that hearing as required below for the passage of the ordinance by the county board. After these hearings the county planning agency shall certify the plans to the county board, who may, after having submitted the same to the town boards of the several towns in which the lands are located and obtained the approval of the town boards, adopt by ordinance the proposed plans for future platting or for street or highway or parkway location in towns which may have approved the same, and upon approval of those towns may amend the ordinance. Before the ordinance or any amendments to the ordinance are adopted by the county board, notice shall be given by publication of a class 2 notice, under ch. 985, of a hearing at which all persons interested shall be given an opportunity to be heard at a time and place to be specified in the notice. The ordinance with any amendments as may be made shall govern the platting of all lands within the area to which it applies.
(b)
In counties having a population of less than 750,000 any plan adopted under this section does not apply in the extraterritorial plat approval jurisdiction of any municipality unless that municipality by ordinance approves the same. This approval may be rescinded by ordinance.
(2)
A plan adopted under this section may be any of the following:
(a)
A system of arterial thoroughfares complete for each town.
(b)
A system of minor streets for the complete area surrounded by any such main arterial thoroughfares and connecting therewith.
(c)
The platting of lots for any area surrounded completely by any such arterial thoroughfares or any such minor streets or both.
(3)
Such system of arterial thoroughfares and such system of minor streets within such system of arterial thoroughfares and such platting of lots within any such system of minor streets may be adopted by the same proceeding. For the purpose of this section a parkway may be considered either an arterial thoroughfare or a minor street if it performs the function of an arterial thoroughfare or minor street. A natural obstacle like a lake or river or an artificial obstacle like a railroad or town line may, where necessary, be the boundary of a plan adopted under this section instead of a street or highway or parkway.
History:  1979 c. 248; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 236 - Platting lands and recording and vacating plats. › 236.50 - Date chapter applies; curative provisions as to plats before that date.

236.50
Date chapter applies; curative provisions as to plats before that date.
(1)
(a)
This chapter shall take effect upon July 1, 1956, but any plat recorded prior to December 31, 1956, may be approved and recorded in accordance with this chapter or ch. 236, 1953 stats. This chapter shall not require that any subdivision made prior to July 1, 1956, which was platted under the laws in force at that time or which did not constitute a subdivision under the laws in force at that time, be platted and the plat approved and recorded as provided in this chapter.
(b)
This chapter shall not require the preparation and recording of a plat of any subdivision which has been staked out and in which sales or contracts of sales have actually been made prior to June 28, 1935, and nothing herein contained shall require the recording of a plat showing property sold or contracted for sale by metes and bounds or by reference to an unrecorded plat prior to June 28, 1935, as a condition precedent to the sale or contract of sale of the whole or part thereof.
(2)
No plat which was recorded in the office of any register of deeds prior to July 1, 1956, shall be held invalid by reason of noncompliance with any statute regulating the platting of lands, in force at the time of such recording. Any unaccepted offer of donation or dedication of land attempted to be made in any such plat shall be as effectual as though all statutory requirements had been complied with unless an action to set aside such offer of donation or dedication is commenced prior to July 1, 1958.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.01 - Definitions.

237.01
Definitions.
In this chapter:
(1)
“Authority" means the Fox River Navigational System Authority.
(2)
“Board of directors" means the board of directors of the authority.
(3)
“Fiscal year" means the period beginning on July 1 and ending on the following June 30.
(4)
“Lock" includes any spillway associated with the lock.
(5)
“Navigational system" means locks, harbors, real property, structures, and facilities related to navigation that are located on or near the Fox River, including locks, harbors, real property, structures, and facilities that were under the ownership or control of the federal government on April 1, 1984. “Navigational system" does not include dams on the Fox River.
History:  2001 a. 16 ss. 1337, 3128; 2001 a. 104.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.03 - Duties of authority.

237.03
Duties of authority.
(1)
General duties. In addition to all other duties imposed under this chapter, the authority shall do all of the following:
(a)
Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.
(b)
Contract for any legal services required for the authority.
(c)
Establish the authority's annual budget and monitor the fiscal management of the authority.
(d)
Procure liability insurance covering its officers and employees and procure insurance against any loss in connection with its property and other assets.
(e)
Make every reasonable effort to contract with one or more corporations to provide the services specified under s. 237.09 (2).
(f)
Establish an escrow account with moneys sufficient to dispose of the visitor center authorized under s. 237.04 (11) and to terminate any lease under s. 237.04 (7) associated with the visitor center.
(2)
Duties upon leasing. Upon entering into the lease under s. 237.06, the authority shall rehabilitate, repair, replace, operate, and maintain the navigational system.
History:  2001 a. 16; 2015 a. 357.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.04 - Powers of authority.

237.04
Powers of authority.
The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:
(1)
Incur debt, except as restricted under s. 237.05 (1).
(2)
Sue and be sued.
(3)
Hire employees, define their duties, and fix their rate of compensation.
(4)
Have a seal and alter the seal at pleasure; have perpetual existence; and maintain an office.
(5)
Appoint any technical or professional advisory committee that the authority finds necessary to assist the authority in exercising its duties and powers. The authority shall define the duties of the committee, and provide reimbursement for the expenses of the committee.
(6)
Enter into contracts with 3rd parties as are necessary for the rehabilitation, repair, replacement, operation, or maintenance of the navigational system.
(7)
Acquire, lease, subject to s. 237.05 (2), and dispose of property as is necessary for the rehabilitation, repair, replacement, operation, or maintenance of the navigational system or the construction, operation, and maintenance of a navigational system visitor center. A lease agreement for the construction, operation, and maintenance of a navigational system visitor center shall not be subject to building commission approval, notwithstanding any contrary provision of law.
(8)
Accept gifts and other funding for the rehabilitation, repair, replacement, operation, or maintenance of the navigational system.
(9)
Charge user fees for services the authority provides to the operators of watercraft using the navigational system.
(10)
Charge fees for use of facilities of the navigational system as provided in s. 16.845.
(11)
Construct, operate, and maintain a navigational system visitor center. Facilities constructed under this subsection are not required to be enumerated or approved by the building commission and are not subject to the design, bidding, or construction requirements of subch. V of ch. 16.
History:  2001 a. 16; 2015 a. 357.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.06 - Lease.

237.06
Lease.
Upon transfer of the ownership of the navigational system by the federal government to the state, the department of administration on behalf of the state and the authority shall enter into a lease agreement under which the state shall lease the navigational system to the authority for nominal consideration. The secretary of administration shall determine the amount of the rental payments.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.07 - Management plan; financial statements.

237.07
Management plan; financial statements.
(1)
(a)
The authority shall submit to the department of administration a plan that does all the following:
1.
Addresses the costs of and funding for the rehabilitation, repair, replacement, operation, and maintenance of the navigational system.
2.
Describes how the authority will manage its funds to ensure that sufficient funding is available to abandon the navigational system if the operation of the navigational system is no longer feasible.
3.
Describes the escrow account required under s. 237.03 (1) (f).
(b)
The authority shall submit the plan under par. (a) within 180 days after the date on which the state and the authority enter into the lease agreement specified in s. 237.06.
(2)
The authority shall update and resubmit the plan under sub. (1) upon the request of the department of administration.
(3)
(a)
For each fiscal year, the authority shall submit to the department of administration an audited financial statement of the funding received by the authority from contributions and other funding accepted by the authority under s. 237.08 (3).
(b)
The financial statement under par. (a) shall include notes that explain in detail the specific sources of funding contained in the financial statement.
(4)
For each fiscal year in which moneys are to be released to the authority by the department of natural resources under s. 237.08, each corporation specified in s. 237.09 shall submit to the authority an audited financial statement of the amount raised by the corporation under s. 237.09 (2) (b) for that fiscal year.
History:  2001 a. 16; 2015 a. 55, 357.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.08 - Sources of funding.

237.08
Sources of funding.
(1)
Federal funding. The authority shall accept federal funding for the rehabilitation, repair, replacement, operation, and maintenance of the navigational system and shall agree with any conditions attached to the funding.
(3)
Other funding. The authority shall encourage and may accept contributions and funding for the rehabilitation, repair, replacement, operation, or maintenance of the navigational system. The authority shall also accept funding raised by each corporation under s. 237.09 (2).
History:  2001 a. 16; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.09 - Requirements for nonprofit corporations.

237.09
Requirements for nonprofit corporations.
(1)
Each corporation contracted with under s. 237.03 (1) (e) shall be a nonprofit corporation as described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and shall be based in one or more of the counties in which the navigational system is located.
(2)
Each corporation contracted with under s. 237.03 (1) (e) shall do all of the following:
(a)
Provide marketing and fund-raising services for the authority.
(b)
Make every reasonable effort to raise $2,750,000 of local or private funding for the rehabilitation and repair of the navigational system.
(c)
Accept for investment moneys received by the authority for rehabilitation and repair under s. 237.08 and invest the moneys at a rate of return that the authority finds adequate to enable the authority to exercise its duties and powers in rehabilitating and repairing the navigational system.
(3)
If the authority contracts with more than one corporation under s. 237.03 (1) (e), all of the corporations shall make the effort to raise the total of $2,750,000.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.10 - Rapide Croche lock.

237.10
Rapide Croche lock.
(1)
Upon entering into the lease under s. 237.06, the authority shall maintain the sea lamprey barrier at the Rapide Croche lock according to specifications of the department of natural resources in order to prevent sea lampreys and other aquatic nuisance species from moving upstream.
(2)
If the authority decides to construct a means to transport watercraft around the Rapide Croche lock, the authority shall develop a plan for the construction that includes steps to be taken to control sea lampreys and other aquatic nuisance species. The authority shall submit the plan to the department of natural resources and may not implement the plan unless it has been approved by the department.
History:  2001 a. 16, 104.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.11 - Political activities.

237.11
Political activities.
(1)
No employee of the authority may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while engaged in his or her official duties as an employee. No employee of the authority may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan political office while engaged in his or her official duties as an employee or engage in any political activity while not engaged in his or her official duties as an employee to such an extent that the person's efficiency during working hours will be impaired or that he or she will be tardy or absent from work. Any violation of this section is adequate grounds for dismissal.
(2)
If an employee of the authority declares an intention to run for partisan political office, the employee shall be placed on a leave of absence for the duration of the election campaign and if elected shall no longer be employed by the authority on assuming the duties and responsibilities of such office.
(3)
An employee of the authority may be granted, by the chief executive officer, a leave of absence to participate in partisan political campaigning.
(4)
Persons on leave of absence under sub. (2) or (3) shall not be subject to the restrictions of sub. (1), except as they apply to the solicitation of assistance, subscription, or support from any other employee in the authority.
History:  2001 a. 16, 104.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.12 - Liability limited.

237.12
Liability limited.
(1)
Neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.
(2)
All of the expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.13 - Exemption.

237.13
Exemption.
(1)
In this section, “lock structure" includes a spillway of a lock and excludes the canal body of a lock.
(2)
Any activity or work that is performed on a lock structure that is part of the navigational system is exempt from any permit or other approval required under ch. 30 or 31.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 237 - Fox river navigational system authority. › 237.14 - Abandonment.

237.14
Abandonment.
If the authority determines the operation of the navigational system is no longer feasible, the authority shall submit a plan to the department of administration and to the department of natural resources describing the steps the authority will take in abandoning the navigational system. The navigational system may not be abandoned unless both the department of administration and the department of natural resources determine that the plan for abandonment will preserve the public rights in the Fox River, will ensure safety, and will protect life, health, and property.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.01 - Definitions.

238.01
Definitions.
In this chapter, except as otherwise provided:
(1)
“Board" means the board of directors of the corporation.
(2)
“Corporation" means the Wisconsin Economic Development Corporation.
(3)
“Economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs.
History:  2011 a. 7.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.02 - Creation and organization of corporation.

238.02
Creation and organization of corporation.
(1)
There is created an authority, which is a public body corporate and politic, to be known as the “Wisconsin Economic Development Corporation." The members of the board shall consist of 6 members nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor; 4 members appointed by the speaker of the assembly to serve 4-year terms; one member appointed by the minority leader of the assembly to serve a 4-year term; 4 members appointed by the senate majority leader to serve 4-year terms; and one member appointed by the minority leader of the senate to serve a 4-year term. Neither the speaker of the assembly nor the senate majority leader may appoint more than 2 members of the legislature to the board. The secretary of administration and the secretary of revenue shall also serve on the board as nonvoting members. The board shall elect a chairperson from among its nonlegislative voting members. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.
(2)
A majority of the appointed members of the board currently serving constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the board upon a vote of a majority of the appointed members present.
(3)
A chief executive officer shall be 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. The chief executive officer shall receive such compensation as may be determined by the board.
(4)
All powers and duties assigned to the corporation under this chapter shall be exercised or carried out by the board, unless the board delegates the power or duty to an employee of the corporation or a committee established by the board.
History:  2011 a. 7, 32; 2015 a. 55; 2017 a. 369.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.04 - Powers of board.

238.04
Powers of board.
The board shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted the board under this chapter, the board may specifically:
(1)
Adopt, amend, and repeal any bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.
(2)
Have a seal and alter the seal at pleasure.
(3)
Maintain an office.
(4)
Sue and be sued.
(5)
Accept gifts, grants, loans, or other contributions from private or public sources.
(6)
Establish the corporation's annual budget and monitor the fiscal management of the corporation.
(7)
Execute contracts and other instruments required for the operation of the corporation.
(8)
Employ any officers, agents, and employees that it may require and determine their qualifications, duties, and compensation.
(9)
Issue notes, bonds, and any other obligations.
(10)
Make loans and provide grants.
(11)
Incur debt.
(12)
Procure liability insurance.
(14)
Enter into agreements regarding compensation, space, and other administrative matters as are necessary to operate offices in other states and foreign countries. Such agreements shall be subject to the approval of the secretary of administration.
(15)
Appoint and supervise the economic development liaison project position created in 2017 Wisconsin Act 58, section 61 (1).
History:  2011 a. 7; 2011 a. 32 s. 3289; 2017 a. 369.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.045 - Establishment of nonprofit organization.

238.045
Establishment of nonprofit organization.
(1)
Definition. In this section, “nonprofit organization" means a nonprofit corporation, as defined in s. 181.0103 (17), and any organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
(2)
Approval required.
(a)
The corporation may not establish a nonprofit organization without the approval of the joint committee on finance.
(b)
The joint committee on finance may approve the corporation's establishment of a nonprofit organization if the corporation's chief executive officer submits a request for approval to the committee that describes in detail the corporation's proposal to establish a nonprofit organization and the chief executive officer appears at the committee's meeting to consider that request for approval.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.046 - Private interest in public contract.

238.046
Private interest in public contract.
(1)
A member of the board or an employee of the corporation to whom the board delegates its authority to contract shall notify the corporation's legal counsel or, if the corporation's legal counsel is unavailable, the chief executive officer of the corporation if the member or employee has a direct or indirect, private, pecuniary interest in a contract that is being negotiated, bid for, or entered into with the corporation. If the corporation's legal counsel or chief executive officer is notified under this section, he or she shall report the name of the individual from whom he or she received the notification and the contract in which the individual has a private, pecuniary interest to the board. A member or employee who notifies the corporation's legal counsel or chief executive officer under this section is not authorized to participate in the member's or employee's capacity as a member of the board or an employee of the corporation in the making of the contract or to perform in regard to the contract some official function requiring the exercise of discretion on the member's or employee's part.
(2)
An employee of the corporation shall notify the corporation's legal counsel or, if the corporation's legal counsel is unavailable, the chief executive officer of the corporation if the employee has a controlling interest in an entity that is negotiating, bidding for, or entering into a contract with the corporation. If the corporation's legal counsel or chief executive officer is notified under this section, he or she shall report the name of the individual from whom he or she received the notification and the contract at issue to the board. The board shall prohibit the corporation from entering into any contract with an entity in which an employee of the corporation has a controlling interest.
History:  2013 a. 43 s. 1; 2013 a. 173 s. 32.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.06 - Liability limited.

238.06
Liability limited.
Neither the state nor any political subdivision of the state, nor any officer, employee, or agent of the state or a political subdivision of the state who is acting within the scope of employment or agency, is liable for any debt, obligation, act, or omission of the corporation.
History:  2011 a. 7.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.07 - Submission of annual reports to legislature.

238.07
Submission of annual reports to legislature.
(1)
Annually, by January 1, the board shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report identifying the economic development projects that the board intends to develop and implement during the current calendar year.
(2)
Annually, no later than October l, the board shall submit to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report for the previous fiscal year on each of the economic development programs of the corporation that contains all of the following:
(a)
A description of each program.
(ag)
An accounting of the location, by municipality, of each job created or retained in the state in the previous fiscal year as a result of the program.
(ar)
An accounting of the industry classification, by municipality, of each job created or retained in the state as a result of the program.
(b)
A comparison of expected and actual program outcomes.
(c)
The number of grants made under the program.
(d)
The number of loans made under the program.
(dm)
The total amount of tax benefits allocated, and the total amount of tax benefits verified to the department of revenue, under the program.
(e)
The amount of each grant and loan made under the program.
(f)
The recipient of each grant or loan made under the program.
(fm)
An identification of each recipient of a tax benefit allocated, and each recipient of a tax benefit that was verified to the department of revenue, under the program.
(g)
The sum total of all grants and loans awarded to and received by each recipient under the program.
(h)
Any recommended changes to the program.
(3)
The board shall make readily accessible to the public on an Internet-based system the information required under sub. (2).
(4)
Annually, beginning in 2014, the board shall have an independent audit conducted of the corporation's financial statements for the previous fiscal year and submit the audit report to the joint legislative audit committee and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).
History:  2011 a. 7; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.08 - Records of the corporation.

238.08
Records of the corporation.
All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to the following:
(1)
Pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project.
(2)
Confidential tax information received from the department of revenue under s. 71.78.
History:  2011 a. 32; 2023 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.09 - Procurement policies and procedures.

238.09
Procurement policies and procedures.
The board shall adopt policies and procedures that specify all of the following:
(1)
When the corporation is required to publicly solicit proposals from multiple vendors of goods or services.
(2)
How the corporation is to evaluate proposals from multiple vendors.
(3)
How the corporation is to assess any conflict of interest a vendor may have if the vendor sells goods or services to the corporation.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.10 - Allocation of volume cap on tax-exempt bonds.

238.10
Allocation of volume cap on tax-exempt bonds.
(1)
Allocation. The corporation shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.
(2)
Amendment to allocation. At any time prior to December 31 in any year, the corporation may adopt rules to revise the allocation system established for that year under sub. (1), except that any revision under this subsection does not apply to any allocation under which the recipient of that allocation has adopted a resolution authorizing the issuance of a private activity bond, as defined in 26 USC 141 (a).
(3)
Conditions. The corporation may establish any procedure for, and place any condition upon, the granting of an allocation under this section which the corporation deems to be in the best interest of the state including a requirement that a cash deposit, at a rate established by the corporation, be a condition for an allocation.
(4)
Certification. If the corporation receives notice of the issuance of a bond under an allocation under subs. (1) to (3), the corporation shall certify that that bond meets the requirements of 26 USC 146.
History:  1987 a. 69, 403; 1989 a. 8; 1997 a. 27; 2005 a. 335; 2011 a. 32 s. 3315; Stats. 2011 s. 238.10.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.11 - Employment impact estimates.

238.11
Employment impact estimates.
(1)
The corporation shall prescribe the notice forms to be used under s. 66.1103 (4m) (a) 1. The corporation shall include on the forms a requirement for information on the number of jobs the person submitting the notice expects to be eliminated, created, or maintained on the project site and elsewhere in this state by the project which is the subject of the notice. The corporation shall prescribe the forms to be used under s. 66.1103 (4m) (b).
(2)
If the corporation receives a notice under s. 66.1103 (4m) (a), the corporation shall estimate, no later than 20 days after receipt of the notice, whether the project that is the subject of the notice is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.
(5)
The corporation shall issue an estimate made under sub. (2) to the city, village, town, or county which will issue the bonds to finance the project which is the subject of the estimate.
History:  1985 a. 299; 1999 a. 85; 1999 a. 150 s. 672; 2001 a. 104; 2009 a. 112; 2011 a. 32 s. 3318; Stats. 2011 s. 238.11; 2011 a. 214.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.115 - Tax credit reporting.

238.115
Tax credit reporting.
(1)
Corporation obligations. No later than the end of the first month following each quarter, the corporation shall provide to the department of revenue all of the following information for the previous quarter:
(a)
The identity of each person the corporation certified for tax credits under this chapter and, for each person, the amount certified.
(b)
The identity of each person the corporation verified to claim tax credits under this chapter based on the person's satisfaction of all applicable requirements to be eligible to claim the tax credits and, for each person, the amount verified.
(c)
The identity of each person, whether an entity or individual, who may claim tax credits as the result of each verification of each person identified under par. (b). The information provided under this paragraph shall specify the taxable year that applies for each of those persons.
(d)
The identity of each person, whether an entity or individual, who may claim tax credits as the result of a transfer of tax credits under this chapter and, for each person, the amount transferred. The information provided under this paragraph shall specify the taxable year that applies for each of those persons.
(e)
The identity of each person for whom the corporation revoked a certification for tax credits and, for each person, the amount revoked.
(f)
The amount of tax credits the corporation determined each person identified under par. (e) was eligible to claim that, if already claimed, must be repaid by the person as the result of the revocation.
(g)
Any other information the department of revenue and the corporation agree is necessary to accurately track certification, verification, transfer, and usage of tax credits under this chapter.
(2)
Taxpayer obligations. Each person the corporation certifies for tax credits under this chapter shall provide all information necessary for the corporation to comply with the reporting requirements under sub. (1).
(3)
Department of revenue's obligation. The department of revenue shall track the amount of all tax credits administered by the corporation that have been claimed or used to offset tax liability and the amount of all available unused tax credits under this chapter.
History:  2015 a. 55; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.12 - Repayment of grants, loans, and tax benefits.

238.12
Repayment of grants, loans, and tax benefits.
(1)
In this section, “tax benefits" means the credits under ss. 71.07 (2dm), (2dx), (3g), (3t), and (3wm), 71.28 (1dm), (1dx), (3g), (3t), and (3wm), 71.47 (1dm), (1dx), (3g), and (3t), and 76.636.
(2)
The corporation may not award a grant or loan under this chapter to a person or certify a person to receive tax benefits unless the corporation enters into an agreement with the person that requires the person to repay the grant, loan, or tax benefits if, within 5 years after receiving the grant or loan or being certified to receive tax benefits, the person ceases to conduct in this state the economic activity for which the person received the grant or loan or for which the person was certified to receive tax benefits and commences substantially the same economic activity outside this state.
History:  2005 a. 25, 259; 2011 a. 32 s. 3327; Stats. 2011 s. 238.12; 2015 a. 55; 2017 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 238 - Wisconsin economic development corporation. › 238.124 - Loan limitations.

238.124
Loan limitations.
(1)
The corporation may not originate any loan that is forgivable in whole or in part upon the loan recipient's achievement of one or more conditions or goals.
(2)
Each new lending program the corporation implements or administers shall adhere as closely as practicable to commonly accepted commercial lending practices. The corporation shall adopt policies and procedures implementing this subsection.
History:  2017 a. 59.