Feed for /2005/related/proposals/ab908 PDF
2005 - 2006 LEGISLATURE
January 3, 2006 - Introduced by Representatives Fields, Sinicki, Grigsby,
Berceau, Young, Kessler, A. Williams, Seidel, Turner, Toles
and Nischke.
Referred to Committee on State Affairs.
AB908,2,5 1An Act to renumber and amend 16.75 (3m) (a), 16.75 (3m) (b), 16.855 (10m)
2(a), 16.87 (2), 18.16 (2), 18.16 (3), 18.16 (4), 18.64 (2), 18.64 (3), 18.64 (4), 18.77
3(2), 18.77 (3), 18.77 (4), 23.41 (6), 25.185 (2), 84.075 (1), 200.57 (2) and 560.035;
4to amend 16.75 (3m) (c), 16.855 (10m) (b), 16.855 (10m) (c), 16.855 (14) (a),
518.16 (title), 18.16 (5), 18.16 (6), 18.64 (title), 18.64 (5), 18.64 (6), 18.77 (title),
618.77 (5), 18.77 (6), 25.185 (title), 25.185 (3), 84.075 (title), 84.075 (2), 84.075
7(3), 200.57 (title) and 560.035 (title); to repeal and recreate 18.16 (1), 18.64
8(1), 18.77 (1), 25.185 (1) and 200.57 (1); and to create 16.75 (3m) (a) 2., 16.75
9(3m) (a) 3., 16.75 (3m) (b) 2., 16.75 (3m) (b) 3., 16.855 (10m) (ac), 16.855 (10m)
10(am) 2., 16.855 (10m) (am) 3., 16.87 (1) (d), 16.87 (1) (e), 16.87 (1) (f), 16.87 (2)
11(c), 16.87 (2) (d), 18.16 (2) (b) and (c), 18.16 (3) (b) and (c), 18.16 (4) (b) and (c),
1218.64 (2) (b) and (c), 18.64 (3) (b) and (c), 18.64 (4) (b) and (c), 18.77 (2) (b) and
13(c), 18.77 (3) (b) and (c), 18.77 (4) (b) and (c), 23.41 (1) (c), 23.41 (1) (d), 23.41 (1)
14(e), 23.41 (6) (b), 23.41 (6) (c), 25.185 (2) (b), 25.185 (2) (c), 84.075 (1c), 84.075

1(1m) (b), 84.075 (1m) (c), 200.57 (2) (b), 200.57 (2) (c), 560.033, 560.035 (1) and
2(2) (title) and (b) to (i) and 560.035 (3) of the statutes; relating to: awarding
3state and metropolitan sewerage district procurements to minority businesses,
4woman-owned businesses, and service-disabled veterans businesses and
5granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, minority-owned businesses that are certified by the Department of
Commerce receive certain preferences in governmental procurement. State agencies
must attempt to ensure that 5 percent of the total amount expended for state
procurements in each fiscal year is paid to minority-owned businesses. With the
exception of non-highway construction work and certain other limited exceptions,
state agencies that are subject to requirements to make purchases through
competitive bidding or competitive sealed proposals may accept a bid or proposal
from a minority-owned business that is no more than 5 percent higher than the
apparent low bid or most advantageous proposal. Unless the secretary of
administration reports to the Joint Committee on Finance the reasons for not doing
so, the Building Commission must ensure that at least 6 percent of the total
long-term state public debt, revenue bonding, and short-term borrowing in each
fiscal year is underwritten by minority-owned investment firms. The Investment
Board must attempt to ensure that 5 percent of the total funds it expends for
financial and investment analysis and for common stock and convertible bond
brokerage commissions in each fiscal year is expended for the services of
minority-owned financial advisers or minority-owned investment firms. In
addition, metropolitan sewerage commissions serving metropolitan sewerage
districts that encompass first class cities (Milwaukee) must attempt to ensure that
5 percent of that total funds expended for financial and investment analysis and for
common stock and convertible bond brokerage commissions in each fiscal year is
expended for the services of minority-owned financial advisers or minority-owned
investment firms.
This bill increases the percentage of state and metropolitan sewerage
commission procurements that is directed at minority-owned businesses under
these laws to 8 percent or, where applicable, at least 8 percent. The bill also creates
similar preferences of 5 percent of state and metropolitan sewerage commission
procurements or at least 5 percent, where applicable, for woman-owned businesses
certified by the Department of Commerce and 2 percent of state and metropolitan
sewerage commission procurements or at least 2 percent, where applicable, for
service-disabled veteran-owned businesses certified by the Department of
Commerce. Under the bill, the current authorization to accept bids or proposals that
are no more than 5 percent higher than the apparent low bid or most advantageous

proposal is extended to apply to bids or proposals submitted by certified
woman-owned or service-disabled veteran-owned businesses.
For further information see the state and local 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:
AB908, s. 1 1Section 1. 16.75 (3m) (a) of the statutes is renumbered 16.75 (3m) (a) (intro.)
2and amended to read:
AB908,3,33 16.75 (3m) (a) (intro.) In this subsection, "minority:
AB908,3,5 41. "Minority business" means a business certified by the department of
5commerce under s. 560.036 (2).
AB908, s. 2 6Section 2. 16.75 (3m) (a) 2. of the statutes is created to read:
AB908,3,87 16.75 (3m) (a) 2. "Service-disabled veteran-owned business" means a business
8certified by the department of commerce under s. 560.033 (2).
AB908, s. 3 9Section 3. 16.75 (3m) (a) 3. of the statutes is created to read:
AB908,3,1110 16.75 (3m) (a) 3. "Woman-owned business" means a business certified by the
11department of commerce under s. 560.035 (2).
AB908, s. 4 12Section 4. 16.75 (3m) (b) of the statutes is renumbered 16.75 (3m) (b) 1. and
13amended to read:
AB908,3,1614 16.75 (3m) (b) 1. The department and any agency making purchases under s.
1516.74 shall attempt to ensure that 5% 8 percent of the total amount expended under
16this subchapter in each fiscal year is paid to minority businesses.
AB908,4,7 174. Except as provided under sub. (7), the department may purchase materials,
18supplies, equipment, and contractual services from any minority business,
19woman-owned business, or service-disabled veteran-owned business
submitting a
20qualified responsible competitive bid that is no more than 5% higher than the

1apparent low bid or competitive proposal that is no more than 5% higher than the
2most advantageous offer proposal. In administering the preference for minority
3businesses established in this paragraph, the department and any agency making
4purchases under s. 16.74 shall maximize the use of minority businesses ,
5woman-owned businesses, and service-disabled veteran-owned businesses
which
6are incorporated under ch. 180 or which have their principal place of business in this
7state.
AB908, s. 5 8Section 5. 16.75 (3m) (b) 2. of the statutes is created to read:
AB908,4,119 16.75 (3m) (b) 2. The department and any agency making purchases under s.
1016.74 shall attempt to ensure that 5 percent of the total amount expended under this
11subchapter in each fiscal year is paid to woman-owned businesses.
AB908, s. 6 12Section 6. 16.75 (3m) (b) 3. of the statutes is created to read:
AB908,4,1513 16.75 (3m) (b) 3. The department and any agency making purchases under s.
1416.74 shall attempt to ensure that 2 percent of the total amount expended under this
15subchapter in each fiscal year is paid to service-disabled veteran-owned businesses.
AB908, s. 7 16Section 7. 16.75 (3m) (c) of the statutes is amended to read:
AB908,4,2017 16.75 (3m) (c) 1. After completing any contract under this subchapter, the
18contractor shall report to the agency that awarded the contract any amount of the
19contract that was subcontracted to minority businesses, woman-owned businesses,
20and service-disabled veteran-owned businesses
.
AB908,4,2521 2. Each agency shall report to the department at least semiannually, or more
22often if required by the department, the total amount of money it has expended for
23contracts and orders awarded to minority businesses, woman-owned businesses,
24and service-disabled veteran-owned businesses
and the number of contacts with
25minority businesses in connection with proposed purchases.
AB908,5,5
13. The department shall maintain and annually publish data on state
2purchases from minority businesses, woman-owned businesses, and
3service-disabled veteran-owned businesses
, including amounts expended and the
4percentage of total expenditures awarded to minority businesses, woman-owned
5businesses, and service-disabled veteran-owned businesses
.
AB908,5,156 4. The department shall annually prepare and submit a report to the governor
7and to the chief clerk of each house of the legislature, for distribution to the
8appropriate standing committees under s. 13.172 (3), on the total amount of money
9paid to and of indebtedness or other obligations underwritten by minority,
10woman-owned, and service-disabled veteran-owned
businesses,: minority,
11woman-owned, and service-disabled veteran
financial advisers; and minority,
12woman-owned, and service-disabled veteran
investment firms under the
13requirements of this subsection and ss. 16.855 (10m), 16.87 (2), 25.185, 84.075, and
14565.25 (2) (a) 3. and on this state's progress toward achieving compliance with par.
15(b) and ss. 16.855 (10m) (a) (am) and (10n), 16.87 (2), 25.185, and 84.075 (1) (1m).
AB908,5,2216 5. In determining whether a purchase, contract, or subcontract complies with
17the goal established under par. (b) or s. 16.855 (10m), 16.87 (2), or 25.185 the
18department shall include only amounts paid to minority, woman-owned, and service
19-disabled veteran-owned
businesses,; minority, woman-owned, and
20service-disabled veteran
financial advisers; and minority, woman-owned, and
21service-disabled veteran
investment firms certified by the department of commerce
22under s. 560.036 (2)
.
AB908, s. 8 23Section 8. 16.855 (10m) (a) of the statutes is renumbered 16.855 (10m) (am)
241. and amended to read:
AB908,6,4
116.855 (10m) (am) 1. In awarding construction contracts the department shall
2attempt to ensure that 5% 8 percent of the total amount expended in each fiscal year
3is awarded to contractors and subcontractors which are minority businesses, as
4defined under s. 16.75 (3m) (a)
.
AB908,6,7 54. The department may award any contract to a minority business,
6woman-owned business, or service-disabled veteran-owned business
that submits
7a qualified responsible bid that is no more than 5% higher than the apparent low bid.
AB908, s. 9 8Section 9. 16.855 (10m) (ac) of the statutes is created to read:
AB908,6,99 16.855 (10m) (ac) In this subsection:
AB908,6,1110 1. "Minority business" means a business certified by the department of
11commerce under s. 560.036 (2).
AB908,6,1312 2. "Service-disabled veteran-owned business" means a business certified by
13the department of commerce under s. 560.033 (2).
AB908,6,1514 3. "Woman-owned business" means a business certified by the department of
15commerce under s. 560.035 (2).
AB908, s. 10 16Section 10. 16.855 (10m) (am) 2. of the statutes is created to read:
AB908,6,1917 16.855 (10m) (am) 2. In awarding construction contracts the department shall
18attempt to ensure that 5 percent of the total amount expended in each fiscal year is
19awarded to contractors and subcontractors that are woman-owned businesses.
AB908, s. 11 20Section 11. 16.855 (10m) (am) 3. of the statutes is created to read:
AB908,6,2421 16.855 (10m) (am) 3. In awarding construction contracts, the department shall
22attempt to ensure that 2 percent of the total amount expended in each fiscal year is
23awarded to contractors and subcontractors that are service-disabled veteran-owned
24businesses.
AB908, s. 12 25Section 12. 16.855 (10m) (b) of the statutes is amended to read:
AB908,7,4
116.855 (10m) (b) Upon completion of any contract, the contractor shall report
2to the department any amount of the contract that was subcontracted to minority
3businesses, woman-owned businesses, or service-disabled veteran-owned
4businesses
.
AB908, s. 13 5Section 13. 16.855 (10m) (c) of the statutes is amended to read:
AB908,7,96 16.855 (10m) (c) The department shall maintain and annually publish data on
7contracts awarded to minority businesses, woman-owned businesses, and
8service-disabled veteran-owned businesses
under this subsection and ss. 16.87 and
984.075.
AB908, s. 14 10Section 14. 16.855 (14) (a) of the statutes is amended to read:
AB908,7,2111 16.855 (14) (a) If the estimated construction cost of a project exceeds $100,000
12and bids are required to be solicited under sub. (2), the department shall take both
13single bids and separate bids on any division of the work that it designates. If the
14estimated construction cost of a project does not exceed $100,000 and bids are
15required to be solicited under sub. (2), the department may take single bids or
16separate bids on any division of the work that it designates. If the department
17awards contracts by the division of work, the department shall award the contracts
18according to the division of work selected for bidding. Except as provided in sub.
19(10m) (a) (am), the department shall award all contracts to the lowest qualified
20responsible bidder or bidders that result in the lowest total construction cost for the
21project.
AB908, s. 15 22Section 15. 16.87 (1) (d) of the statutes is created to read:
AB908,7,2423 16.87 (1) (d) "Minority business" means a business certified by the department
24of commerce under s. 560.036 (2).
AB908, s. 16 25Section 16. 16.87 (1) (e) of the statutes is created to read:
AB908,8,2
116.87 (1) (e) "Service-disabled veteran-owned business" means a business
2certified by the department of commerce under s. 560.033 (2).
AB908, s. 17 3Section 17. 16.87 (1) (f) of the statutes is created to read:
AB908,8,54 16.87 (1) (f) "Woman-owned business" means a business certified by the
5department of commerce under s. 560.035 (2).
AB908, s. 18 6Section 18. 16.87 (2) of the statutes is renumbered 16.87 (2) (a) and amended
7to read:
AB908,8,128 16.87 (2) (a) A contract for engineering services or architectural services or a
9contract involving an expenditure of $10,000 or more for construction work, or
10$30,000 or more for limited trades work, to be done for or furnished to the state or
11a department, board, commission or officer of the state is exempt from the
12requirements of ss. 16.705 and 16.75.
AB908,8,15 13(b) The department shall attempt to ensure that 5% 8 percent of the total
14amount expended under this section in each fiscal year is paid to minority
15businesses, as defined in s. 16.75 (3m) (a).
AB908, s. 19 16Section 19. 16.87 (2) (c) of the statutes is created to read:
AB908,8,1917 16.87 (2) (c) The department shall attempt to ensure that 5 percent of the total
18amount expended under this section in each fiscal year is paid to woman-owned
19businesses.
AB908, s. 20 20Section 20. 16.87 (2) (d) of the statutes is created to read:
AB908,8,2321 16.87 (2) (d) The department shall attempt to ensure that 2 percent of the total
22amount expended under this section in each fiscal year is paid to service-disabled
23veteran-owned businesses.
AB908, s. 21 24Section 21. 18.16 (title) of the statutes is amended to read:
AB908,9,2
118.16 (title) Minority, woman-owned, and service-disabled veteran
2financial advisers and investment firms.
AB908, s. 22 3Section 22. 18.16 (1) of the statutes is repealed and recreated to read:
AB908,9,54 18.16 (1) (a) "Minority financial adviser" means a financial adviser certified by
5the department of commerce under s. 560.036 (2).
AB908,9,76 (b) "Minority investment firm" means an investment firm certified by the
7department of commerce under s. 560.036 (2).
AB908,9,98 (c) "Service-disabled veteran financial adviser" means a financial adviser
9certified by the department of commerce under s. 560.033 (2).
AB908,9,1110 (d) "Service-disabled veteran investment firm" means an investment firm
11certified by the department of commerce under s. 560.033 (2).
AB908,9,1312 (e) "Woman-owned financial adviser" means a financial adviser certified by the
13department of commerce under s. 560.035 (2).
AB908,9,1514 (f) "Woman-owned investment firm" means an investment firm certified by the
15department of commerce under s. 560.035 (2).
AB908, s. 23 16Section 23. 18.16 (2) of the statutes is renumbered 18.16 (2) (a) and amended
17to read:
AB908,9,2118 18.16 (2) (a) Except as provided under sub. (7), in contracting public debt by
19competitive sale, the commission shall ensure that at least 6% 8 percent of total
20public indebtedness contracted in each fiscal year is underwritten by minority
21investment firms.
AB908, s. 24 22Section 24. 18.16 (2) (b) and (c) of the statutes are created to read:
AB908,9,2423 18.16 (2) (b) Except as provided in sub. (7), in contracting public debt by
24competitive sale, the commission shall ensure that at least 5 percent of the total

1public indebtedness contracted in each fiscal year is underwritten by woman-owned
2investment firms.
AB908,10,63 (c) Except as provided in sub. (7), in contracting public debt by competitive sale,
4the commission shall ensure that at least 2 percent of the total public indebtedness
5contracted in each fiscal year is underwritten by service-disabled veteran
6investment firms.
AB908, s. 25 7Section 25. 18.16 (3) of the statutes is renumbered 18.16 (3) (a) and amended
8to read:
AB908,10,129 18.16 (3) (a) Except as provided under sub. (7), in contracting public debt by
10negotiated sale, the commission shall ensure that at least 6% 8 percent of total public
11indebtedness contracted in each fiscal year is underwritten by minority investment
12firms.
AB908, s. 26 13Section 26. 18.16 (3) (b) and (c) of the statutes are created to read:
AB908,10,1614 18.16 (3) (b) Except as provided under sub. (7), in contracting public debt by
15negotiated sale, the commission shall ensure that at least 5 percent of the total public
16indebtedness in each fiscal year is underwritten by woman-owned investment firms.
AB908,10,2017 (c) Except as provided under sub. (7), in contracting public debt by negotiated
18sale, the commission shall ensure that at least 5 percent of total public indebtedness
19contracted in each fiscal year is underwritten by service-disabled veteran
20investment firms.
AB908, s. 27 21Section 27. 18.16 (4) of the statutes is renumbered 18.16 (4) (a) and amended
22to read:
AB908,11,223 18.16 (4) (a) Except as provided under sub. (7), in contracting public debt by
24competitive sale or negotiated sale, the commission shall ensure that at least 6% 8

1percent
of the total moneys expended in each fiscal year for the services of financial
2advisers are expended for the services of minority financial advisers.
AB908, s. 28 3Section 28. 18.16 (4) (b) and (c) of the statutes are created to read:
AB908,11,74 18.16 (4) (b) Except as provided under sub. (7), in contracting public debt by
5competitive sale or negotiated sale, the commission shall ensure that at least 5
6percent of the total moneys expended in each fiscal year for the services of financial
7advisers are expended for the services of woman-owned financial advisers.
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