1999 WISCONSIN ACT 197
(Vetoed in Part)
An Act to repeal 42.06; to amend 13.48 (6), 13.48 (7), 13.48 (12) (b) 2., 13.48 (29), 13.488 (7) (a) and (b), 16.75 (3m) (c) 4. and 5., 16.85 (1), 16.85 (6), 16.855 (10m) (a) and (c), 16.855 (22), 16.87 (2), 20.190 (1) (h), 42.04, 42.12 (1), 560.036 (2) (a) and 560.036 (2) (d) 1. b.; to repeal and recreate 15.07 (1) (b) 15m. and 15.445 (4); and to create 13.48 (10) (b) 5., 13.94 (1) (dm), 15.07 (2) (h), 16.855 (10n), 16.87 (5), 20.924 (3), 42.01 (4), 42.01 (5), 42.09 (3) and 42.106 of the statutes; relating to: the state fair park board; authorizing the creation of private corporations to provide support for the state fair park; construction and leasing of buildings, structures and facilities at the state fair park; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
13.48 (6) of the statutes is amended to read:
13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $250,000, together with the method of financing proposed for those projects by the board, without recommendation. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and shall file copies of its report with the governor-elect.
13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $250,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.
13.48 (10) (b) 5. of the statutes is created to read:
13.48 (10) (b) 5. Contracts for construction of any building, structure or facility for the state fair park board involving a cost of not more than $250,000.
13.48 (12) (b) 2. of the statutes is amended to read:
13.48 (12) (b) 2. A facility constructed by or for the state fair park board, if the cost of constructing the facility does not exceed the amount specified in sub. (3).
13.48 (29) of the statutes is amended to read:
13.48 (29) Small projects. Except as otherwise required under s. 16.855 (10m) and (10n), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project the estimated construction cost of which does not exceed $100,000.
13.488 (7) (a) and (b) of the statutes are amended to read:
13.488 (7) (a) The building commission, with advice from the state fair park board, shall examine and review detailed design requirements for all state-owned facilities involving a cost of more than $250,000 to be included in the development of state fair park.
(b) Final approval by the building commission for the construction of any facility specified in par. (a) at state fair park shall be contingent upon a finding by the building commission that the proposed project is consistent with the overall objectives of the state fair park and that actual lease commitments and the probability of future lease commitments are such that the building commission may reasonably determine that the facility will be completely self-amortizing, including principal and interest payments covering the life of any bond issue.
13.94 (1) (dm) of the statutes is created to read:
13.94 (1) (dm) Annually, perform a financial audit of the state fair park board and of any private corporation with which the board contracts under s. 42.01 (4) (b).
15.07 (1) (b) 15m. of the statutes is repealed and recreated to read:
15.07 (1) (b) 15m. The members of the state fair park board appointed under s. 15.445 (4) (a) 3. to 5.
15.07 (2) (h) of the statutes is created to read:
15.07 (2) (h) The chairperson of the state fair park board shall be designated annually by the governor from among the members appointed under s. 15.445 (4) (a) 3., 4. and 5.
15.445 (4) of the statutes is repealed and recreated to read:
15.445 (4) State fair park board. (a) There is created a state fair park board attached to the department of tourism under s. 15.03, consisting of the following members:
1. Two representatives to the assembly, one recommended by the speaker of the assembly and one recommended by the minority leader of the assembly. This subdivision does not apply after June 30, 2003.
2. Two senators, one recommended by the majority leader of the senate and one recommended by the minority leader of the senate. This subdivision does not apply after June 30, 2003.
3. Five members representing business, 3 of whom have general business experience, one of whom has experience in agriculture and one of whom has experience with technology.
4. One resident of the city of West Allis
, recommended by the mayor of West Allis.
5. One other member who is a resident of this state.
6. The secretary of agriculture, trade and consumer protection and the secretary of tourism.
(b) The members of the state fair park board under par. (a) 3. to 5. shall be appointed for 5-year terms.
16.75 (3m) (c) 4.
of the statutes are 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 of indebtedness or other obligations underwritten by minority businesses, minority financial advisers and minority investment firms under the requirements of this subsection and ss. 16.855 (10m)
and (10n), 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) and (10n), 16.87 (2), 25.185 and 84.075 (1).
5. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) or s. 16.855 (10m) and (10n), 16.87 (2) or 25.185 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).
16.85 (1) of the statutes is amended to read:
16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under s. 16.847. The department shall adopt the architectural and engineering design proposed by the state fair park board for any project to be constructed for the board, if the design and specifications conform to applicable laws, rules, codes and regulations. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.
16.85 (6) of the statutes is amended to read:
16.85 (6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary. This subsection does not apply to the state fair park board.
16.855 (10m) (a) and (c) of the statutes are amended to read:
16.855 (10m) (a) In Except as provided in sub. (10n), in awarding construction contracts the department shall attempt to ensure that 5% 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). The department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.
(c) The department shall maintain and annually publish data on contracts awarded to minority businesses under this subsection and sub. (10n) and ss. 16.87 and 84.075.
16.855 (10n) of the statutes is created to read:
16.855 (10n) (a) In this subsection:
1. "Minority business" has the meaning given in s. 560.036 (1) (e).
2. "Minority group member" has the meaning given in s. 560.036 (1) (f).
3. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.
(b) The department shall enter into a memorandum of understanding with the state fair park board which shall specify procedures for construction work and professional services contracts to be performed for the state fair park board under which any person who is awarded such a contract shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.
(c) It shall be a goal of the department, in coordination with the state fair park board, to ensure that at least 25% of the aggregate dollar value of contracts awarded by the department in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the department in the following areas shall be awarded to women's businesses:
1. Contracts for the construction of state fair park facilities.
2. Contracts for professional services related to the construction of state fair park facilities.
3. Contracts for the development of state fair park facilities.
(d) It shall be a goal of the department, in coordination with the state fair park board, with regard to each of the contracts described under par. (c) 1. to 3., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.
(e) 1. Pursuant to the memorandum of understanding under par. (b), the department shall hire an independent person to monitor the compliance of the department and state fair park board with minority contracting goals under pars. (b) to (d). The person hired shall have previous experience working with minority group members. The memorandum of understanding shall include a mechanism for receiving regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.
2. If the department or a contractor is unable to meet the goals under par. (b), (c) or (d), the person hired under subd. 1. shall assess whether the department or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the following:
a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.
b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 2. a., in areas in which contracts were awarded.