LRB-4567/1
JTK/RAC/PG/GMM:jld&nwn:jf
2009 - 2010 LEGISLATURE
March 29, 2010 - Introduced by Representatives Clark, Mason, Molepske Jr.,
Black, Pocan, Shilling, Hubler, Vruwink, Danou, Zigmunt, Hraychuck,
Seidel, Roys, Dexter, Hixson, Hilgenberg, Richards, Smith, Young, Hebl,
Pope-Roberts, Kessler, Milroy, Pasch, Berceau, Ziegelbauer and Turner,
cosponsored by Senator Holperin. Referred to Joint Committee on Finance.
AB910,1,7
1An Act to amend 16.22 (2) (h), 16.75 (1) (a) 1. and 24.80; and
to create 15.105
2(32), 16.24, 16.705 (1L), 16.705 (9), 16.71 (5s), 16.75 (13), 20.505 (4) (jm), 20.505
3(4) (q), 20.505 (4) (qm), 66.0903 (5) (d), 66.0904 (5) (d) and 103.49 (3g) (d) of the
4statutes;
relating to: establishment of a Wisconsin conservation corps
5program, extending the time limit for emergency rule procedures, providing an
6exemption from emergency rule procedures, granting rule-making authority,
7and making appropriations.
Analysis by the Legislative Reference Bureau
This bill 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 bill 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; and two
members of the faculty employed by a technical college district board, appointed by
the state Technical College System Board, for three-year terms.
The bill provides funding for the WCC program from the conservation fund, the
state normal school fund (a state trust fund that derives revenue from federal land
grants), and from program fees that the board may assess to sponsors of projects.
Under the bill, DOA provides all staff services to the board and the board has no other
staff. The bill 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
retains, 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 bill 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.
The bill provides that a project must be designed to carry out a specific goal
within a defined period of time and 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. The bill permits local governments or nonprofit corporations to submit
applications to sponsor projects. A project application must identify the proposed
project and provide a detailed plan for working on the project. In addition, the
application must contain an enumeration of the number of work crews that will work
on the project and a determination that work crew members would be eligible to
participate in a youth corps program administered by the National and Community
Service Board (NCSB) and other requirements under the WCC program, as well as
a plan for training the work crew members, providing transportation to the project
work sites, making available educational opportunities for work crew members
while they are employed on the projects, for assisting work crew members in making
full use of all benefits provided under such a youth corps program, and for visiting
a technical college to familiarize the crew members with application and enrollment
procedures, programs, and course offerings.
The bill 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
employment.
The bill 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 board must jointly submit the application with the sponsor to NCSB
for funding. If funding is provided by NCSB, the board must also make a grant to
the sponsor to assist the sponsor in training the work crews.
The bill also directs NCSB, which utilizes federal and state funding to award
grants to persons providing national and community service programs, to first
allocate funding for grants to provide work for at least 240 participants in each fiscal
year in youth corps programs provided by the WCC Board, to the extent that funding
is available to NCSB and NCSB receives valid applications for the grants. Currently,
NCSB is directed only to give priority in awarding grants, to the greatest extent
practicable, to persons providing youth corps programs.
The bill 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 upon completion of the project
and their status on the first anniversary of completion of the project.
The bill 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 bill 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 bill 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.
For further information see the state 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:
AB910, s. 1
1Section
1. 15.105 (32) of the statutes is created to read:
AB910,3,42
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:
AB910,3,55
(a) The secretary of natural resources or his or her designee.
AB910,3,66
(b) The executive secretary of the board of commissioners of public lands.
AB910,3,87
(c) Two representatives to the assembly, appointed as are members of assembly
8standing committees.
AB910,4,1
1(d) Two senators, appointed as are members of senate standing committees.
AB910,4,42
(e) One member of a nongovernmental organization that has expertise in
3conservation matters or that represents employees who work in conservation
4activities, for a 3-year term.
AB910,4,65
(f) Two members of the faculty employed by a technical college district board,
6appointed by the technical college system board, for 3-year terms.
AB910, s. 2
7Section
2. 16.22 (2) (h) of the statutes is amended to read:
AB910,4,148
16.22
(2) (h) From the appropriations under s. 20.505 (4) (j) and (p), award
9grants to persons providing national service programs, giving priority to the greatest
10extent practicable to persons providing youth corps programs.
To the extent that
11funding is available to the board and the board receives valid applications therefor,
12the board shall first allocate funding in each fiscal year for grants to provide work
13for at least 240 participants in youth corps programs provided by the Wisconsin
14conservation corps board.
AB910, s. 3
15Section
3. 16.24 of the statutes is created to read:
AB910,4,20
1616.24 Wisconsin conservation corps.
(1) Establishment of program. 17There is established the Wisconsin conservation corps program. The purpose of the
18program is to seek to protect, enhance, and provide access to Wisconsin's natural
19heritage and encourage and enable young people to learn the value of work in a
20natural setting by providing employment training and career pathways.
AB910,4,21
21(2) Definitions. In this section:
AB910,4,2222
(a) "Board" means the Wisconsin conservation corps board.
AB910,4,2423
(b) "Local government" has the meaning given for "local governmental unit" in
24s. 16.97 (7).
AB910,5,3
1(c) "Nonprofit corporation" means a nonstock, nonprofit corporation described
2under section 501 (c) (3) or (4) of the federal Internal Revenue Code that is exempt
3from the federal income tax under section 501 (a) of that code.
AB910,5,74
(d) "Project" means a planned undertaking of the Wisconsin conservation corps
5for a sponsor to carry out a specific goal within a defined period of time that is focused
6on the conservation or enjoyment of natural resources and that will have a specific,
7beneficial, physical effect.
AB910,5,88
(e) "Public lands" means any lands owned by this state or a local government.
AB910,5,109
(f) "Sponsor" means a local government or a nonprofit corporation that proposes
10to undertake a project.
AB910,5,1111
(g) "Youth corps program" has the meaning given in s. 16.22 (1) (dm).
AB910,5,14
12(3) Wisconsin conservation corps board. The board is the policy-making body
13of the Wisconsin conservation corps program. The board shall promulgate rules
14consistent with this section for the operation of the program.
AB910,5,23
15(4) Management and services. (a) The board shall contract with a nonprofit
16corporation that has demonstrated experience in natural resources conservation and
17youth training or employment to administer and manage the Wisconsin conservation
18corps program. The manager shall retain, train, and supervise all work crews under
19sub. (9), provide educational programming for work crews, and provide outreach and
20other communications services in accordance with this section and the rules and
21directives of the board. The manager shall also identify and review potential
22projects, assist with project proposal development, and recommend to the board
23proposed projects for its review and approval.
AB910,6,324
(b) The board shall not authorize or require, and the manager shall not engage,
25the services of any employee or contractor to perform services under the Wisconsin
1conservation corps program if those services displace the services of any individual
2who is employed by this state in a position, as defined in s. 230.03 (11), or who is
3employed by a local government in a permanent position.
AB910,6,7
4(5) Project application; approval. (a) A sponsor may submit an application
5to the board for approval of a proposed project. Each project is subject to review and
6approval by the board prior to commencement of work on the project. An application
7shall be in the form prescribed by the board and shall include all of the following:
AB910,6,88
1. An identification of the project and a detailed plan for working on the project.
AB910,6,119
2. An enumeration of the number of work crews that will work on the project
10and an affirmation that work crew members would be eligible to participate in a
11youth corps program and satisfy the requirements under sub. (9).
AB910,6,1512
3. A plan for training of the work crew members, providing transportation to
13each project work site, making available educational opportunities for work crew
14members while they are employed on the project, and for assisting work crew
15members in making full use of all benefits provided under a youth corps program.
AB910,6,1816
4. A plan for the crew members to visit a technical college at least once every
173 months while they are employed on a project in order to familiarize them with
18application and enrollment procedures, programs, and course offerings.
AB910,6,2219
(b) The board shall approve applications for projects that are located in at least
20one of each of the technical college districts in each year. To the greatest extent
21practicable, the board shall ensure that projects are equally distributed across
22technical college districts.
AB910,6,25
23(6) Fee for services provided. The board may assess a sponsor a fee for services
24provided by the board. Any fee shall be consistent with the value of the services
25received by the sponsor and with the sponsor's financial resources.
AB910,7,2
1(7) Staff support. The department shall provide all staff support necessary for
2the operation of the Wisconsin conservation corps program.
AB910,7,9
3(8) Project purposes. Projects may include new trail construction, trail
4rehabilitation, invasive species management, bridge and boardwalk construction,
5reforestation, timber stand improvement, stream bank stabilization, erosion control,
6rain garden installation, prairie restoration, historical site preservation, recreation
7site maintenance, wild land fire hazard reduction and fuels management, lake and
8stream restoration, boundary marking, fencing, landscaping, carpentry, and data
9collection for scientific research.
AB910,7,16
10(9) Work crews. The work crew members on a project shall constitute the
11Wisconsin conservation corps. Each work crew shall have a crew leader. The board
12shall determine the size of work crews. Each work crew member on a project shall
13be between the ages of 18 and 25. At least 50 percent of the work crew members on
14each project shall have no postsecondary education and shall have a family income
15of not more than 200 percent of the poverty line, as defined in s. 49.001 (5), on the
16date of initial employment.
AB910,7,22
17(10) Youth corps funding. (a) If the board determines that an application
18submitted under sub. (4) is an appropriate project and that work crew members
19would be eligible to participate in a youth corps program and satisfy the
20requirements under sub. (9), the board shall jointly submit the application with the
21sponsor to the national and community service board for funding under s. 16.22 (2)
22(h).
AB910,7,2523
(b) If an application is approved for funding by the national and community
24service board under s. 16.22 (2) (h), the board shall provide a grant to the sponsor to
25assist the sponsor in training the work crews.
AB910,8,7
1(11) Intergovernmental cooperation. The department may, on behalf of the
2board, the manager, or a sponsor, enter into a cooperative purchasing agreement
3under s. 16.73 (1). The board may, on behalf of itself, the manager, or a sponsor, enter
4into such an agreement. The board may request cooperative assistance from other
5state agencies in carrying out is program responsibilities as provided in s. 20.901 (1)
6(a). The board may enter into an intergovernmental service agreement under s.
766.0301 on behalf of itself, the manager, or a sponsor.
AB910,8,9
8(12) Responsibilities of sponsor. Each sponsor of a Wisconsin conservation
9corps project approved under this section shall do all of the following:
AB910,8,1110
(a) Upon completion of the project, erect a permanent plaque at each project
11work site identifying the site as a Wisconsin conservation corps project.
AB910,8,1712
(b) Submit a report to the board identifying the number of work crew members
13who enrolled at a technical college upon completion of a project in which they were
14employed and the status of each such work crew member as of the first anniversary
15after completion of each project including whether the crew member was graduated
16from high school, has received a declaration of equivalency of high school graduation,
17or is employed and if employed, in what capacity.
AB910,8,22
18(13) Annual report. Annually no later than March 31, the board shall submit
19a report to the chief clerk of each house of the legislature for distribution to the
20legislature under s. 13.172 (2), identifying Wisconsin conservation corps projects
21completed in the preceding year or that are in the process of completion at the end
22of that year.
AB910, s. 4
23Section
4. 16.705 (1L) of the statutes is created to read:
AB910,8,2524
16.705
(1L) Subsection (1) does not apply to the agreement for the management
25of the Wisconsin conservation corps program under s. 16.24 (6).
AB910, s. 5
1Section
5. 16.705 (9) of the statutes is created to read:
AB910,9,42
16.705
(9) Subsections (2) to (8) do not apply to procurements by an agency for
3contractual services to be performed by crew members as a part of a Wisconsin
4conservation corps project.
AB910, s. 6
5Section
6. 16.71 (5s) of the statutes is created to read:
AB910,9,96
16.71
(5s) The department shall delegate to authority to the Wisconsin
7conservation corps board to enter into cooperative purchasing agreements under s.
816.73 (1) on behalf of itself, the manager of the Wisconsin conservation corps
9program, or a sponsor of a Wisconsin conservation corps project.
AB910, s. 7
10Section
7. 16.75 (1) (a) 1. of the statutes is amended to read:
AB910,9,1911
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
12materials, supplies, equipment, and contractual services to be provided to any
13agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
14(6), (7), (8), (9), (10e),
and (10m)
and (13) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964
15(8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest
16responsible bidder, taking into consideration life cycle cost estimates under sub.
17(1m), when appropriate, the location of the agency, the quantities of the articles to
18be supplied, their conformity with the specifications, and the purposes for which they
19are required and the date of delivery.
AB910, s. 8
20Section
8. 16.75 (13) of the statutes is created to read:
AB910,9,2321
16.75
(13) Subsection (1) does not apply to procurements by an agency for
22contractual services to be performed by crew members as a part of a Wisconsin
23conservation corps project.
AB910, s. 9
24Section
9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
25the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB910, s. 10
1Section
10. 20.505 (4) (jm) of the statutes is created to read:
AB910,10,42
20.505
(4) (jm)
Wisconsin conservation corps; program revenue. All moneys
3received by the Wisconsin conservation corps board from project sponsors under s.
416.24 (5) to be used to carry out the projects for which the fees are assessed.
AB910, s. 11
5Section
11. 20.505 (4) (q) of the statutes is created to read:
AB910,10,96
20.505
(4) (q)
Wisconsin conservation corps board; conservation fund. From the
7conservation fund, as a continuing appropriation, the amounts in the schedule for
8the general program operations of the Wisconsin conservation corps program under
9s. 16.24 and for the payment of grants under s. 16.24 (10) (b).
AB910, s. 12
10Section
12. 20.505 (4) (qm) of the statutes is created to read: