Feed for /2009/related/acts/299 PDF
Date of enactment: May 12, 2010
2009 Assembly Bill 228 Date of publication*: May 26, 2010
* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2009 WISCONSIN ACT 299
An Act to renumber 18.16 (2), 18.16 (3), 18.16 (4), 18.16 (5), 18.64 (2), 18.64 (3), 18.64 (4), 18.64 (5), 18.77 (2), 18.77 (3), 18.77 (4), 18.77 (5), 85.25 (2) (c) 1. and 2., 229.46 (1) (a), 229.70 (1) (a) and 229.845 (1) (a); to renumber and amend 16.75 (3m) (a), 16.75 (3m) (b), 16.75 (3m) (c) 2., 16.75 (3m) (c) 5., 16.855 (10m) (a), 16.87 (2), 84.075 (1) and 200.57 (1); to amend 16.75 (3m) (c) 1., 16.75 (3m) (c) 3., 16.75 (3m) (c) 4., 16.855 (10m) (b), 16.855 (10m) (c), 16.855 (14) (a), 18.16 (title), 18.16 (6), 18.64 (title), 18.64 (6), 18.77 (title), 18.77 (6), 23.41 (6), 25.185 (title), 25.185 (3), 84.075 (title), 84.075 (2), 84.075 (3), 85.25 (2) (c) (intro.), 200.57 (title), 229.46 (2) (intro.), 229.46 (3) (intro.), 229.70 (title), 229.70 (2), 229.70 (3) (intro.), 229.70 (4), 229.70 (4m), 229.70 (5) (b) 1., 229.70 (5) (b) 2., 229.70 (5) (b) 3., 229.8273 (title), 229.8273 (2), 229.8273 (3), 229.8273 (4), 229.8273 (5) (b) 1., 229.8273 (5) (b) 2., 229.8273 (5) (b) 3., 229.8273 (6), 229.845 (title) and 229.845 (2); to repeal and recreate 18.16 (1), 18.64 (1), 18.77 (1) and 25.185 (1); and to create 16.75 (3m) (a) 1., 2. and 3., 16.75 (3m) (b) 2., 16.75 (3m) (c) 2. b. and d., 16.75 (3m) (c) 5. b., 16.855 (10m) (ac), 16.855 (10m) (am) 2., 16.87 (1) (am), 16.87 (2) (c), 18.16 (2) (b), 18.16 (3) (b), 18.16 (4) (b), 18.16 (5) (b), 18.64 (2) (b), 18.64 (3) (b), 18.64 (4) (b), 18.64 (5) (b), 18.77 (2) (b), 18.77 (3) (b), 18.77 (4) (b), 18.77 (5) (b), 84.075 (1c), 84.075 (1m) (b), 84.075 (1m) (c), 85.25 (2) (c) 2m., 200.57 (1) (a), 200.57 (3), 229.46 (1) (ag), 229.70 (1) (ag), 229.8273 (1) (am), 229.845 (1) (ag), 231.29, 234.36 and 560.033 of the statutes; relating to: awarding state procurements to certified disabled veteran-owned businesses, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
299,1 Section 1. 16.75 (3m) (a) of the statutes is renumbered 16.75 (3m) (a) (intro.) and amended to read:
16.75 (3m) (a) (intro.) In this subsection, "minority:
4. "Minority business" means a business certified by the department of commerce under s. 560.036 (2).
299,2 Section 2. 16.75 (3m) (a) 1., 2. and 3. of the statutes are created to read:
16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of commerce under s. 560.033 (3).
2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce under s. 560.033 (3).
3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce under s. 560.033 (3).
299,3 Section 3. 16.75 (3m) (b) of the statutes is renumbered 16.75 (3m) (b) 1. and amended to read:
16.75 (3m) (b) 1. The department and any agency making purchases under s. 16.74 shall attempt to ensure that 5% 5 percent of the total amount expended under this subchapter in each fiscal year is paid to minority businesses.
3. Except as provided under sub. (7), the department may purchase materials, supplies, equipment, and contractual services from any minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, submitting a qualified responsible competitive bid that is no more than 5% 5 percent higher than the apparent low bid or competitive proposal that is no more than 5% 5 percent higher than the most advantageous offer proposal. In administering the preference for minority businesses or disabled veteran-owned businesses established in this paragraph, the department and any agency making purchases under s. 16.74 shall maximize the use of minority businesses or disabled veteran-owned businesses which are incorporated under ch. 180 or which have their principal place of business in this state.
299,4 Section 4. 16.75 (3m) (b) 2. of the statutes is created to read:
16.75 (3m) (b) 2. The department and any agency making purchases under s. 16.74 shall make efforts to ensure that a portion of the total amount expended under this subchapter in each fiscal year is paid to disabled veteran-owned businesses.
299,5 Section 5. 16.75 (3m) (c) 1. of the statutes is amended to read:
16.75 (3m) (c) 1. After completing any contract under this subchapter, the contractor shall report to the agency that awarded the contract any amount of the contract that was subcontracted to minority businesses and any amount of the contract that was subcontracted to disabled veteran-owned businesses.
299,6 Section 6. 16.75 (3m) (c) 2. of the statutes is renumbered 16.75 (3m) (c) 2. (intro.) and amended to read:
16.75 (3m) (c) 2. Each agency shall report to the department at least semiannually, or more often if required by the department, the all of the following for the reporting period specified by the department:
a. The total amount of money it has expended for contracts and orders awarded to minority businesses and the.
c. The number of contacts with minority businesses in connection with proposed purchases.
299,7 Section 7. 16.75 (3m) (c) 2. b. and d. of the statutes are created to read:
16.75 (3m) (c) 2. b. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to disabled veteran-owned businesses.
d. The number of contacts with disabled veteran-owned businesses in connection with proposed purchases.
299,8 Section 8. 16.75 (3m) (c) 3. of the statutes is amended to read:
16.75 (3m) (c) 3. The department shall maintain and annually publish data on state purchases from minority businesses and on state purchases from disabled veteran-owned businesses, including amounts expended and the percentage of total expenditures awarded to minority businesses and amounts expended and the percentage of total expenditures awarded to disabled veteran-owned businesses.
299,9 Section 9. 16.75 (3m) (c) 4. of the statutes is amended to read:
16.75 (3m) (c) 4. The department shall annually prepare and submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), on the total amount of money paid to and the amount of indebtedness or other obligations underwritten by minority businesses, minority financial advisers and, minority investment firms, disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms under the requirements of this subsection and ss. 16.855 (10m), 16.87 (2), 25.185, 84.075 and 565.25 (2) (a) 3. and on this state's progress toward achieving compliance with par. (b) and ss. 16.855 (10m) (a) (am) and (10n), 16.87 (2), 25.185, and 84.075 (1) (1m). The report shall also include the percentage of the total amount of money paid to and the percentage of the total amount of indebtedness or other obligations underwritten by disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms. In calculating the percentages to be reported under this subsection, the department shall exclude any purchase or contract for which a preference would violate any federal law or regulation or any contract between an agency and a federal agency or any contract that would result in a reduction in the the amount of federal aids received by this state.
299,10 Section 10. 16.75 (3m) (c) 5. of the statutes is renumbered 16.75 (3m) (c) 5. a. and amended to read:
16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87 (2) (b), or 25.185 (2), the department shall include only amounts paid to minority businesses, minority financial advisers and minority investment firms certified by the department of commerce under s. 560.036 (2).
299,11 Section 11. 16.75 (3m) (c) 5. b. of the statutes is created to read:
16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of commerce under s. 560.033 (3).
299,12 Section 12. 16.855 (10m) (a) of the statutes is renumbered 16.855 (10m) (am) 1. and amended to read:
16.855 (10m) (am) 1. In awarding construction contracts the department shall attempt to ensure that 5% 5 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors which are minority businesses, as defined under s. 16.75 (3m) (a) 4.
3. The department may award any contract to a minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, that submits a qualified responsible bid that is no more than 5% 5 percent higher than the apparent low bid.
299,13 Section 13. 16.855 (10m) (ac) of the statutes is created to read:
16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce under s. 560.033 (3).
299,14 Section 14. 16.855 (10m) (am) 2. of the statutes is created to read:
16.855 (10m) (am) 2. In awarding construction contracts, the department shall make efforts to ensure that a portion of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are disabled veteran-owned businesses.
299,15 Section 15. 16.855 (10m) (b) of the statutes is amended to read:
16.855 (10m) (b) Upon completion of any contract, the contractor shall report to the department any amount of the contract that was subcontracted to minority businesses or disabled veteran-owned businesses.
299,16 Section 16. 16.855 (10m) (c) of the statutes is amended to read:
16.855 (10m) (c) The department shall maintain and annually publish data on contracts awarded to minority businesses and disabled veteran-owned businesses under this subsection and ss. 16.87 and 84.075.
299,17 Section 17. 16.855 (14) (a) of the statutes is amended to read:
16.855 (14) (a) If a project requires prior approval of the building commission under s. 13.48 (10) (a) and bids are required to be solicited under sub. (2), the department shall take both single bids and separate bids on any division of the work that it designates. If a project does not require prior approval of the building commission under s. 13.48 (10) (a) and bids are required to be solicited under sub. (2), the department may take single bids or separate bids on any division of the work that it designates. If the department awards contracts by the division of work, the department shall award the contracts according to the division of work selected for bidding. Except as provided in sub. (10m) (a) (am), the department shall award all contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project.
299,18 Section 18. 16.87 (1) (am) of the statutes is created to read:
16.87 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce under s. 560.033 (3).
299,19 Section 19. 16.87 (2) of the statutes is renumbered 16.87 (2) (a) and amended to read:
16.87 (2) (a) A contract for engineering services or architectural services or a contract involving an expenditure of $10,000 or more for construction work, or $30,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission, or officer of the state is exempt from the requirements of ss. 16.705 and 16.75.
(b) The department shall attempt to ensure that 5% 5 percent of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in s. 16.75 (3m) (a) 4.
299,20 Section 20. 16.87 (2) (c) of the statutes is created to read:
16.87 (2) (c) The department shall make efforts to ensure that a portion of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses.
299,21 Section 21. 18.16 (title) of the statutes is amended to read:
18.16 (title) Minority financial advisers and investment firms; disabled veteran-owned financial advisers and investment firms.
299,22 Section 22. 18.16 (1) of the statutes is repealed and recreated to read:
18.16 (1) In this section:
(a) "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce under s. 560.033 (3).
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