2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 910
April 6, 2010 - Offered by Representatives Clark and
Mason.
AB910-ASA1,1,7
1An Act to amend 16.75 (1) (a) 1.; and
to create 15.105 (32), 16.24, 16.705 (1L),
216.705 (9), 16.71 (5s), 16.75 (13), 20.505 (4) (kc), 66.0903 (5) (d), 66.0904 (5) (d)
3and 103.49 (3g) (d) of the statutes;
relating to: establishment of a Wisconsin
4conservation corps program, authorizing a transfer of moneys appropriated to
5one or more state agencies, extending the time limit for emergency rule
6procedures, providing an exemption from emergency rule procedures, granting
7rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment creates a Wisconsin conservation corps (WCC)
program that seeks to protect, enhance, and provide access to Wisconsin's natural
heritage and encourage and enable young people to learn the value of work in a
natural setting by providing employment training and career pathways. The
substitute amendment also creates a WCC Board, which is the policy-making body
of the WCC and is attached to the Department of Administration (DOA). The WCC
Board consists of the secretary of natural resources or his or her designee; the
executive secretary of the Board of Commissioners of Public Lands; two
representatives to the assembly, appointed as are members of assembly standing
committees; two senators, appointed as are members of senate standing committees;
one member of a nongovernmental organization that has expertise in conservation
matters or that represents employees who work in conservation activities, for a
three-year term; two members of the faculty employed by a technical college district
board, appointed by the state Technical College System Board, for three-year terms;
one member representing the University of Wisconsin-Extension, for a three-year
term; and one member of a nongovernmental organization that has expertise in
youth training programs, for a three-year term.
Under the substitute amendment, DOA provides staff services to the board.
The substitute amendment directs the board to enter into an agreement with a
nonprofit corporation that has demonstrated experience in natural resource
conservation and youth training to manage and administer the WCC program. The
manager then engages, trains, and supervises work crews to carry out each project.
The manager also identifies, reviews, and recommends proposed projects for the
approval of the board. The substitute amendment requires the board to ensure that
projects are equally distributed across technical college districts to the greatest
extent possible, and to ensure that at least one project is located in each technical
college district in each year.
To finance the operation of the WCC Board and program, the substitute
amendment permits the secretary of administration to transfer any amount of
money appropriated from a sum certain appropriation to an executive branch agency
to the board during the period beginning on the day the substitute amendment
becomes law and ending on the date of publication of the 2011-13 biennial budget
act, subject to certain limitations. The secretary is prohibited from making any
transfer of moneys derived from federal revenues and is also prohibited from making
a transfer if the transfer would violate the state or federal constitution, state or
federal law, or a requirement imposed by the federal government as a condition to
receipt of aids by this state. In addition, the secretary is prohibited from transferring
certain moneys appropriated to the Department of Transportation. Any proposed
transfer must first be reported by the secretary to the cochairpersons of the Joint
Committee on Finance and is subject to review, approval, or modification by the
committee, but the committee may waive its right to review a proposed transfer.
The substitute amendment provides that a WCC project must be designed to
carry out a specific goal within a defined period of time, must be focused on the
conservation or enjoyment of natural resources and must have a specific, beneficial,
physical effect. Projects may include new trail construction, trail rehabilitation,
invasive species management, bridge and boardwalk construction, reforestation,
timber stand improvement, stream bank stabilization, erosion control, rain garden
installation, prairie restoration, historical site preservation, recreation site
maintenance, wild land fire hazard reduction and fuels management, lake and
stream restoration, boundary marking, fencing, landscaping, carpentry, and data
collection for scientific research. A project may be sited only on public land in this
state or land in which the public has an ownership interest, except that incidental
work may be performed on other land if the work is directly related to accomplishing
work performed on public land or land is which the public has an ownership interest.
The substitute amendment permits local governments or nonprofit corporations to
submit applications to sponsor projects. A project application must identify the
proposed project and the sponsor of the project and provide a detailed plan for the
work on the project. In addition, the application must contain an enumeration of the
number of work crews that will work on the project an affirmation as to whether the
work crew members would be eligible to participate in a youth corps program
administered by the National and Community Service Board (NCSB), as well as a
plan for training the work crew members, providing transportation to the project
work sites, making available individualized educational opportunities for work crew
members suited to the qualifications, experience, and needs of the members while
they are working on the projects, for assisting work crew members in making full use
of all benefits provided under such a youth corps program if the project qualifies as
a youth corps program, and for visiting postsecondary institutions such as a
technical college or University of Wisconsin (UW) two-year college, to familiarize the
crew members with application and enrollment procedures, programs, and course
offerings.
The substitute amendment provides that each work crew member on a WCC
project must be between the ages of 18 and 25, and at least 50 percent of the work
crew members on each project must have no postsecondary education and have a
family income of not more than 200 percent of the federal poverty line on the date
of their initial engagement.
The substitute amendment provides that, if the board determines that an
application is an appropriate WCC project and that work crew members would be
eligible under the program, the manager must jointly submit the application with
the sponsor to NCSB for funding. If funding is provided by NCSB, the manager must
use the funding to assist the sponsor in training the work crews.
The substitute amendment requires each sponsor of a WCC project to do both
of the following: upon completion of the project, erect a permanent plaque at each
work site identifying the site as a WCC project; and submit a report to the board
identifying the number of work crew members who enrolled at a technical college,
a UW college, or another postsecondary institution upon completion of the project
and their status on the first anniversary of completion of the project.
The substitute amendment exempts services performed by WCC work crews
from compliance with requirements for state and local public works projects to
adhere to current prevailing wage scales. The substitute amendment permits the
board to retain its manager and other state agencies to engage a WCC crew on a
project without complying with state procurement laws, including requirements for
public notice to and competitive solicitation of contractors and limitations on the
circumstances when contractual services may be obtained.
Finally, the substitute amendment requires the board to submit an annual
report to the legislature identifying the projects completed in each year or that are
in the process of completion as of the end of that year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB910-ASA1,4,42
15.105
(32) Wisconsin conservation corps board. There is created a Wisconsin
3conservation corps board that is attached to the department of administration under
4s. 15.03, consisting of the following:
AB910-ASA1,4,55
(a) The secretary of natural resources or his or her designee.
AB910-ASA1,4,66
(b) The executive secretary of the board of commissioners of public lands.
AB910-ASA1,4,87
(c) Two representatives to the assembly, appointed as are members of assembly
8standing committees.
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(d) Two senators, appointed as are members of senate standing committees.
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(e) One member of a nongovernmental organization that has expertise in
11conservation matters or that represents employees who work in conservation
12activities, for a 3-year term.
AB910-ASA1,4,1413
(f) Two members of the faculty employed by a technical college district board,
14appointed by the technical college system board, for 3-year terms.
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(g) One member representing the University of Wisconsin-Extension, for a
163-year term.
AB910-ASA1,4,1817
(h) One member of a nongovernmental organization that has expertise in youth
18training programs, for a 3-year term.
AB910-ASA1,5,5
116.24 Wisconsin conservation corps. (1) Establishment of program. 2There is established the Wisconsin conservation corps program. The purpose of the
3program is to seek to protect, enhance, and provide access to Wisconsin's natural
4heritage and encourage and enable young people to learn the value of work in a
5natural setting by providing employment training and career pathways.
AB910-ASA1,5,6
6(2) Definitions. In this section:
AB910-ASA1,5,77
(a) "Board" means the Wisconsin conservation corps board.
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(b) "College campus" has the meaning given under s. 36.05 (6m).
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(c) "Local government" has the meaning given for "local governmental unit" in
10s. 16.97 (7).
AB910-ASA1,5,1311
(d) "Nonprofit corporation" means a nonstock, nonprofit corporation described
12under section 501 (c) (3) or (4) of the federal Internal Revenue Code that is exempt
13from the federal income tax under section 501 (a) of that code.
AB910-ASA1,5,1714
(e) "Project" means a planned undertaking of the Wisconsin conservation corps
15for a sponsor to carry out a specific goal within a defined period of time that is focused
16on the conservation or enjoyment of natural resources and that will have a specific,
17beneficial, physical effect.
AB910-ASA1,5,1918
(f) "Sponsor" means a local government or a nonprofit corporation that proposes
19to undertake a project.
AB910-ASA1,5,2020
(g) "Youth corps program" has the meaning given in s. 16.22 (1) (dm).
AB910-ASA1,5,23
21(3) Wisconsin conservation corps board. The board is the policy-making body
22of the Wisconsin conservation corps program. The board shall promulgate rules
23consistent with this section for the operation of the program.
AB910-ASA1,6,9
24(4) Management and services. (a) The board shall contract with a nonprofit
25corporation that has demonstrated experience in natural resources conservation and
1youth training or employment to administer and manage the Wisconsin conservation
2corps program. The manager shall retain all work crew members under sub. (8),
3except that the manager shall enroll any work crew members who are participants
4in a youth corps program. The manager shall also train and supervise all work crews,
5provide educational programming for work crews, and provide outreach and other
6communications services in accordance with this section and the rules and directives
7of the board. The manager shall also identify and review potential projects, assist
8with project proposal development, and recommend to the board proposed projects
9for its review and approval.
AB910-ASA1,6,1410
(b) The board shall not authorize or require, and the manager shall not engage,
11the services of any employee or contractor to perform services under the Wisconsin
12conservation corps program if those services displace the services of any individual
13who is employed by this state in a position, as defined in s. 230.03 (11), or who is
14employed by a local government in a permanent position.
AB910-ASA1,6,19
15(5) Project application; approval. (a) Each project is subject to review and
16approval by the board prior to commencement of work on the project. The manager
17may submit an application to the board for approval of a proposed project. An
18application shall be in the form prescribed by the board and shall include all of the
19following:
AB910-ASA1,6,2120
1. An identification of the project and the sponsor of the project, together with
21a detailed plan for the work to be performed on the project.
AB910-ASA1,6,2522
2. An enumeration of the number of work crews that will work on the project,
23an affirmation as to whether work crew members would be eligible to participate in
24a youth corps program and an affirmation that the work crew members will satisfy
25the requirements under sub. (8).
AB910-ASA1,7,6
13. A plan for training the work crew members, providing transportation to each
2project work site, making available individualized educational opportunities for
3work crew members suited to the qualifications, experience, and needs of the
4members while they are working on the project, and for assisting work crew members
5who are participating in a youth corps program in making full use of all benefits
6provided under the program.
AB910-ASA1,7,117
4. A plan for the crew members to visit postsecondary institutions, such as a
8technical college or a college campus of the University of Wisconsin System, at least
9once every 3 months while they are employed or enrolled to work on a project in order
10to familiarize them with application and enrollment procedures, programs, and
11course offerings.
AB910-ASA1,7,1512
(b) The board shall approve applications for projects that are located in at least
13one of each of the technical college districts in each year. To the greatest extent
14practicable, the board shall ensure that projects are equally distributed across
15technical college districts.
AB910-ASA1,7,17
16(6) Staff support. The department shall provide all staff support necessary for
17the operation of the board.
AB910-ASA1,7,24
18(7) Scope of projects. (a) Projects may include new trail construction, trail
19rehabilitation, invasive species management, bridge and boardwalk construction,
20reforestation, timber stand improvement, stream bank stabilization, erosion control,
21rain garden installation, prairie restoration, historical site preservation, recreation
22site maintenance, wild land fire hazard reduction and fuels management, lake and
23stream restoration, boundary marking, fencing, landscaping, carpentry, and data
24collection for scientific research.
AB910-ASA1,8,3
1(b) 1. Except as authorized in subd. 2., no project may be sited on land that is
2not located in this state and owned by the federal or state government or a local
3government, or land in which one of those entities has an ownership interest.
AB910-ASA1,8,64
2. A project may include incidental work to be performed on land not described
5in subd. 1. if the work to be performed on that land is directly related to
6accomplishing work on a project that is sited on land described in subd. 1.
AB910-ASA1,8,13
7(8) Work crews. The work crew members on a project shall constitute the
8Wisconsin conservation corps. Each work crew shall have a crew leader. The board
9shall determine the size of work crews. Each work crew member on a project shall
10be between the ages of 18 and 25. At least 50 percent of the work crew members on
11each project shall have no postsecondary education and shall have a family income
12of not more than 200 percent of the poverty line, as defined in s. 49.001 (5), on the
13date of initial employment or enrollment.
AB910-ASA1,8,19
14(9) Funding of projects. (a) If the manager determines that a project proposed
15in an application submitted under sub. (4) is an appropriate project and that work
16crew members on the project would be eligible to participate in a youth corps program
17and satisfy the requirements under sub. (8), the manager shall submit the
18application to the national and community service board for a grant under s. 16.22
19(2) (h).
AB910-ASA1,8,2220
(b) If an application for a grant is approved by the national and community
21service board under s. 16.22 (2) (h), the manager shall accept the grant for the board
22and shall use the grant to assist the sponsor in training the work crews.
AB910-ASA1,9,223
(c) If the manager determines that funding for a proposed project would not be
24available under s. 16.22 (2) (h), the manager shall work with the sponsor to identify
1funding sources and shall apply for and accept funding for projects from available
2sources.
AB910-ASA1,9,9
3(10) Intergovernmental cooperation. The department may, on behalf of the
4board, the manager, or a sponsor, enter into a cooperative purchasing agreement
5under s. 16.73 (1). The board may, on behalf of itself, the manager, or a sponsor, enter
6into such an agreement. The board may request cooperative assistance from other
7state agencies in carrying out is program responsibilities as provided in s. 20.901 (1)
8(a). The board may enter into an intergovernmental service agreement under s.
966.0301 on behalf of itself, the manager, or a sponsor.
AB910-ASA1,9,11
10(11) Responsibilities of sponsor. Each sponsor of a Wisconsin conservation
11corps project approved under this section shall do all of the following:
AB910-ASA1,9,1312
(a) Upon completion of the project, erect a permanent plaque at each project
13work site identifying the site as a Wisconsin conservation corps project.
AB910-ASA1,9,2114
(b) Submit a report to the board identifying the number of work crew members
15who enrolled at a technical college, a college campus of the University of Wisconsin
16System, or any other postsecondary educational institution upon completion of a
17project in which they were engaged and the status of each such work crew member
18as of the first anniversary after completion of each project, including whether the
19crew member was graduated from high school, has received a declaration of
20equivalency of high school graduation, or is employed and if employed, in what
21capacity.
AB910-ASA1,9,25
22(12) Annual report. Annually no later than March 31, the board shall submit
23a report to the chief clerk of each house of the legislature for distribution to the
24legislature under s. 13.172 (2), identifying Wisconsin conservation corps projects
1completed in the preceding year or that are in the process of completion at the end
2of that year.
AB910-ASA1,10,54
16.705
(1L) Subsection (1) does not apply to the agreement for the management
5of the Wisconsin conservation corps program under s. 16.24 (4).
AB910-ASA1,10,97
16.705
(9) Subsections (2) to (8) do not apply to procurements by an agency for
8contractual services to be performed by crew members as a part of a Wisconsin
9conservation corps project.
AB910-ASA1,10,1411
16.71
(5s) The department shall delegate to authority to the Wisconsin
12conservation corps board to enter into cooperative purchasing agreements under s.
1316.73 (1) on behalf of itself, the manager of the Wisconsin conservation corps
14program, or a sponsor of a Wisconsin conservation corps project.
AB910-ASA1, s. 6
15Section
6. 16.75 (1) (a) 1. of the statutes is amended to read:
AB910-ASA1,10,2416
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
17materials, supplies, equipment, and contractual services to be provided to any
18agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
19(6), (7), (8), (9), (10e),
and (10m)
and (13) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964
20(8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
21responsible bidder, taking into consideration life cycle cost estimates under sub.
22(1m), when appropriate, the location of the agency, the quantities of the articles to
23be supplied, their conformity with the specifications, and the purposes for which they
24are required and the date of delivery.
AB910-ASA1,11,3
116.75
(13) Subsection (1) does not apply to procurements by an agency for
2contractual services to be performed by crew members as a part of a Wisconsin
3conservation corps project.
AB910-ASA1, s. 8
4Section
8. 20.505 (4) (kc) of the statutes is created to read:
AB910-ASA1,11,85
20.505
(4) (kc)
Wisconsin conservation corps board; interagency transfers. All
6moneys transferred to the Wisconsin conservation corps board from other state
7agencies and all moneys transferred under 2009 Wisconsin Act .... (this act), section
812 (3
), to be used for the general program operations of the board under s. 16.24.
AB910-ASA1, s. 9
9Section
9. 66.0903 (5) (d) of the statutes is created to read:
AB910-ASA1,11,1110
66.0903
(5) (d) Work performed by crew members on a Wisconsin conservation
11corps project.
AB910-ASA1,11,1413
66.0904
(5) (d) Work performed by crew members on a Wisconsin conservation
14corps project.
AB910-ASA1,11,1716
103.49
(3g) (d) Work performed by crew members on a Wisconsin conservation
17corps project.
AB910-ASA1,12,419
(1)
Emergency rules for operation of Wisconsin conservation corps
20program. The Wisconsin conservation corps board may promulgate all rules
21necessary for the operation of the Wisconsin conservation corps program under
22section 16.24 of the statutes as emergency rules under section 227.24 of the statutes.
23Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated
24under this subsection may remain in effect for not more than one year and may be
25extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24
1(1) (a) and (3) of the statutes, the board is not required to provide evidence that
2promulgating a rule under this subsection as an emergency rule is necessary for the
3preservation of public peace, health, safety, or welfare and is not required to provide
4a finding of emergency for a rule promulgated under this subsection.
AB910-ASA1,12,65
(2)
Initial terms of appointed members of the Wisconsin conservation corps
6board.
AB910-ASA1,12,107
(a) Notwithstanding the length of term specified for the member of the
8Wisconsin conservation corps board specified in section 15.105 (32) (e) of the statutes,
9as created by this act, the initial term for the member appointed under section 15.105
10(32) (e) of the statutes, as created by this act, shall expire on May 1, 2014.
AB910-ASA1,12,1611
(b) Notwithstanding the length of term specified for members of the Wisconsin
12conservation corps board specified in section 15.105 (32) (f) of the statutes, as created
13by this act, the initial term for one of the members appointed under section 15.105
14(32) (f) of the statutes, as created by this act, shall expire on May 1, 2013, and the
15initial term for the other member appointed under section 15.105 (32) (f) of the
16statutes, as created by this act, shall expire on May 1, 2012.
AB910-ASA1,12,2117
(c)
Notwithstanding the length of term specified for the member of the
18Wisconsin conservation corps board specified in section 15.105 (32) (g) of the
19statutes, as created by this act, the initial term for the member appointed under
20section 15.105 (32) (g) of the statutes, as created by this act, shall expire on May 1,
212013.
AB910-ASA1,12,2522
(d)
Notwithstanding the length of term specified for the member of the
23Wisconsin conservation corps board specified in section 15.105 (32) (h) of the statues,
24as created by this act, the initial term for the member appointed under section 15.105
25(32) (h) of the statutes, as created by this act, shall expire on May 1, 2014.
AB910-ASA1,12,26
1(3)
Transfer of moneys to Wisconsin conservation corps board.