SB493: Bill Text

SB493, s. 5 Section 5. 66.293 (3) (am) of the statutes is amended to read:

SB493,6,11 66.293 (3) (am) Every local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing, renovation or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work contemplated. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same with the local governmental unit applying therefor.

SB493, s. 6 Section 6. 66.293 (6) of the statutes is amended to read:

SB493,6,19 66.293 (6) Exemptions. The department, upon petition of any local governmental unit, other than a professional football team, as defined in s. 67.045 (3) (a) 5., or a related party, as defined in s. 67.045 (3) (a) 6., shall issue an order exempting the local governmental unit from applying to the department for a determination under sub. (3) when it is shown that an ordinance or other enactment of the local governmental unit sets forth standards, policy, procedure and practice resulting in standards as high or higher than those under this section.

SB493, s. 7 Section 7. 67.045 (1) (intro.) of the statutes is amended to read:

SB493,6,23 67.045 (1) (intro.) The Subject to sub. (3), the governing body of a county may not issue bonds under s. 67.05 or promissory notes under s. 67.12 (12) unless one or more of the following apply:

SB493, s. 8 Section 8. 67.045 (3) of the statutes is created to read:

SB493,6,25 67.045 (3) (a) In this subsection:

SB493,7,1 1. "County" means a county with a population of at least 150,000.

SB493,7,7 2. "Football stadium" means a stadium that is principally used as the home stadium of a professional football team at the time that bonds are issued under s. 67.05 or promissory notes are issued under s. 67.12 (12), for purposes related to the construction or renovation of football stadium facilities, or if no home stadium exists at the time that such bonds or promissory notes are issued, "football stadium" means a stadium that includes the site of a proposed home stadium of such a team.

SB493,7,12 3. "Football stadium facilities" means football stadium property, tangible or intangible, including spectator seating of all types, practice facilities, parking lots and structures, garages, restaurants, parks, concession facilities, entertainment facilities, facilities for the display or sale of memorabilia, transportation facilities, and other functionally related or auxiliary facilities or structures.

SB493,7,15 4. "Home stadium" means the principal site of a stadium that is home to a professional football team and that is approved by a league to which a professional football team belongs for use as a home stadium for that professional football team.

SB493,7,21 5. "Professional football team" means a team that is a member of a league of professional football teams that have home stadiums in at least 10 states and a collective average attendance for all league members of at least 40,000 persons per game over the 5 years immediately preceding the year in which bonds are issued under s. 67.05 or promissory notes are issued under s. 67.12 (12) for purposes related to the construction or renovation of football stadium facilities.

SB493,7,23 6. "Related party" means a corporation or business entity that is owned, controlled or operated by, or under common control with, a professional football team.

SB493,8,7 (b) No county may issue bonds under s. 67.05 or promissory notes under s. 67.12 (12) for purposes related to football stadium facilities unless the county board enacts an ordinance authorizing the issuance of the bonds or notes and unless the county board's ordinance is approved by the majority of the electors in the county voting on the ordinance at a referendum to be held at the next September primary occurring not earlier than 45 days after enactment of the ordinance. The question to be submitted shall be specified by the county board. A referendum held under this paragraph satisfies the condition specified in sub. (1) (a) in lieu of the procedure specified in this sub. (1) (a).

SB493,8,11 (c) If a county issues bonds under s. 67.05 or promissory notes under s. 67.12 (12), for purposes related to football stadium facilities, the aggregate principal amount of all such bonds or promissory notes, other than refunding bonds, may not exceed $160,000,000.

SB493,8,21 (d) A county that issues bonds under s. 67.05 or promissory notes under s. 67.12 (12) for purposes related to the construction or renovation of football stadium facilities shall enter into a contract with a professional football team or a related party that requires the professional football team or related party to construct or renovate the football stadium facilities, unless the county determines that it is not feasible to do so. Any contract for the construction or renovation of football stadium facilities that is financed in whole or in part by the proceeds of bonds or notes that are issued in accordance with this subsection is subject to s. 66.293, without regard to whether the contract is entered into by the county, the professional football team or a related party.

SB493,8,22 (e) 1. In this paragraph:

SB493,8,23 a. "Minority business" has the meaning given in s. 560.036 (1) (e).

SB493,8,24 b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

SB493,9,3 c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

SB493,9,11 2. A county shall ensure that, for construction or renovation work and professional services contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 67.05 or promissory notes issued under s. 67.12 (12), a person who is awarded such a contract by the county 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.

SB493,9,17 3. It shall be a goal of the county to ensure that at least 25% of the aggregate dollar value of contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 67.05 or promissory notes issued under s. 67.12 (12), shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the board shall be awarded to women's businesses.

SB493,9,24 4. a. The county shall ensure that, for construction or renovation work and professional services contracts described under subd. 2., a person who is awarded such a contract by the county shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under subd. 2., he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the football stadium facilities are to be constructed or renovated, or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.

SB493,10,8 b. If the county is unable to meet the goals under subd. 3., the county shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under subd. 3. are to be performed to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under subd. 3.

SB493,10,14 5. a. The county shall hire an independent person to monitor the county's compliance with minority contracting goals under subds. 2. and 3. The person hired shall have previous experience working with minority group members. The county shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

SB493,10,19 b. If the county or a contractor is unable to meet the goals under subd. 2. or 3., the person hired under this subd. 5. a. shall assess whether the county 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 factors listed in subd. 6.

SB493,10,20 6. The factors to be considered under subd. 5. b. are:

SB493,10,23 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.

SB493,11,3 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in this subd. 6. a., in areas in which contracts were awarded.

SB493,11,7 c. The extent to which the county or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in this subd. 6. a., and the extent to which eligible minority businesses and women's businesses submitted bids.

SB493,11,8 (End)