AB68: Bill Text

AB68,247,7 (b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).

AB68,247,9 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB68,247,12 (d) “Investment firm" means a business that serves as a manager, comanager, or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer, as defined in s. 551.102 (4).

AB68,247,14 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB68,247,17 (2) Disability-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.

AB68,247,20 (3) Disability-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.

AB68,247,24 (b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:

AB68,248,5 a. One or more individuals with a disability own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more individuals with a disability own at least 51 percent of the stock of the business, financial adviser, or investment firm.

AB68,248,8 b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business, financial adviser, or investment firm.

AB68,248,10 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB68,248,14 d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.

AB68,248,23 2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as disability-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disability-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1.

AB68,249,6 (c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB68,249,11 (d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.

AB68,249,16 2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB68,249,21 3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.

AB68,249,24 (e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.

AB68,250,3 2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.

AB68,250,8 3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.

AB68,250,17 4. A business, financial adviser, or investment firm decertified under subd. 3. may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.

AB68,250,19 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB68,111 Section 111. 16.29 (title) of the statutes is amended to read:

AB68,250,21 16.29 (title) Technical assistance ; tourism marketing.

AB68,112 Section 112. 16.29 (4) of the statutes is created to read:

AB68,250,25 16.29 (4) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.505 (1) (kv) to fund a program to promote tourism featuring American Indian heritage and culture.

AB68,113 Section 113. 16.293 of the statutes is created to read:

AB68,251,3 16.293 Water utility assistance for low-income households. (1) Definitions. In this section:

AB68,251,4 (a) “County department" means a county department under s. 46.215 or 46.22.

AB68,251,6 (b) “Crisis assistance" means a benefit that is given to a household experiencing or at risk of experiencing a water utility–related emergency.

AB68,251,9 (c) “Household" means any individual or group of individuals who are living together as one economic unit for whom residential water is customarily purchased in common or who make undesignated payments for water in the form of rent.

AB68,251,12 (d) “Utility allowance" means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority.

AB68,251,14 (e) “Water utility assistance" means a benefit that is given to a household to assist in meeting the cost of water utility.

AB68,251,17 (2) Administration. (a) The department shall administer a water utility assistance program for low-income households to assist eligible households to meet home water utility costs and shall establish a payments schedule for the program.

AB68,251,21 (b) The department may contract with a county department, another local governmental agency, or a private nonprofit organization to process applications and make payments under the water utility assistance program for low-income households.

AB68,252,2 (3) Application procedure. (a) A household may apply for water utility assistance from a county department, another local governmental agency, or a private nonprofit organization with which the department contracts under the water utility assistance program for low-income households. A household shall apply on a form prescribed by the department.

AB68,252,7 (b) If by February 1 of any year the number of households applying for assistance under par. (a) substantially exceeds the number anticipated to apply, the department may reduce the assistance payments under sub. (5) made after that date. The department may also suspend the processing of additional applications until the department adjusts assistance amounts payable.

AB68,252,9 (4) Eligibility. Subject to sub. (3) (b), the following households are eligible to receive water utility assistance under this section:

AB68,252,11 (a) A household with income that is not more than 60 percent of the statewide median household income.

AB68,252,14 (b) A household entirely composed of persons receiving food stamps under 7 USC 2011 to 2036 or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

AB68,252,18 (c) A household with income within the limits specified under par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state, or the federal government for which a utility allowance is applied to determine the amount of rent or the amount of the subsidy.

AB68,252,21 (5) Assistance payments. Subject to moneys appropriated under s. 20.505 (7) (e) and any payment reduction under sub. (3) (b), water utility assistance shall be paid according to the payment schedule established under sub. (2) (a).

AB68,253,2 (6) Individuals in state prisons or secured juvenile facilities. No assistance payment under sub. (5) may be made to an individual who is imprisoned in a state prison under s. 302.01 or to an individual placed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g).

AB68,253,9 (7) Crisis assistance program. A household eligible for water utility assistance under sub. (5) may also be eligible for a crisis assistance payment. The department shall define the circumstances constituting a crisis for which an assistance payment may be made and shall establish the amount of payment to an eligible household. The department may delegate a portion of its responsibility under this subsection to a county department, another local governmental agency, or a private nonprofit organization.

AB68,114 Section 114. 16.295 (5) (b) 4. of the statutes is created to read:

AB68,253,12 16.295 (5) (b) 4. Unless otherwise directed by the department, the gross proceeds from all investments of the moneys designated in subd. 1.

AB68,115 Section 115. 16.295 (6) of the statutes is repealed.

AB68,116 Section 116. 16.3065 of the statutes is created to read:

AB68,253,16 16.3065 Affordable workforce housing grants. (1) Definition. In this section, “municipality” means a city, village, or town.

AB68,253,21 (2) Grants. From the appropriation under s. 20.505 (7) (fq), the department shall award grants to municipalities for the purpose of increasing the availability of affordable workforce housing within the municipality. The department may establish eligibility requirements and other program guidelines for the grant program under this subsection.

AB68,117 Section 117 . 16.3077 of the statutes is created to read:

AB68,253,25 16.3077 Housing quality standards grants. From the appropriation under s. 20.505 (7) (bp), the department shall award grants to owners of rental housing units in this state for purposes of satisfying applicable housing quality standards.

AB68,118 Section 118. 16.3078 of the statutes is created to read:

AB68,254,6 16.3078 Rental assistance grants for homeless veterans. From the appropriation under s. 20.505 (7) (bq), the department shall award grants to each continuum of care organization in this state designated by the federal department of housing and urban development. All grant funds shall be used to provide tenant-based rental assistance to homeless veterans in this state.

AB68,119 Section 119. 16.3085 (2) (a) of the statutes is amended to read:

AB68,254,10 16.3085 (2) (a) From the appropriation under s. 20.505 (7) (kg), the department may award up to 10 annual grants , of up to $50,000 $75,000 each, annually to any shelter facility.

AB68,120 Section 120. 16.313 of the statutes is repealed.

AB68,121 Section 121. 16.40 (24) of the statutes is created to read:

AB68,254,19 16.40 (24) Worker misclassification outreach. Direct all departments to provide targeted educational outreach regarding worker misclassification in English, Spanish, and other languages spoken by a significant number of individuals in this state, to employers, workers, and organizations that serve vulnerable populations, including individuals with limited English proficiency. The outreach shall emphasize the appropriate departments to contact and the rights of individuals to remain anonymous when reporting worker misclassification.

AB68,122 Section 122. 16.51 (7) of the statutes is amended to read:

AB68,255,18 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town, on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse a county under this subsection for expenses relating to actions or proceedings that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

AB68,123 Section 123. 16.705 (1b) (d) of the statutes is amended to read:

AB68,255,21 16.705 (1b) (d) The department of financial institutions under s. 224.51 or the small business retirement savings board under s. 224.56.

AB68,124 Section 124. 16.71 (5r) of the statutes is amended to read:

AB68,255,25 16.71 (5r) The department shall delegate authority to the department of financial institutions to enter into vendor contracts under s. 224.51 and to the small business retirement savings board to enter into vendor contracts under s. 224.56.

AB68,125 Section 125. 16.75 (1p) of the statutes is repealed.

AB68,126 Section 126. 16.75 (3m) (a) 1. of the statutes is renumbered 16.75 (3m) (a) 1j.

AB68,127 Section 127. 16.75 (3m) (a) 1e. of the statutes is created to read:

AB68,256,6 16.75 (3m) (a) 1e. “Disability-owned business” means a business, other than a financial adviser or investment firm, certified by the department under s. 16.289 (3).

AB68,128 Section 128 . 16.75 (3m) (a) 1f. of the statutes is created to read:

AB68,256,9 16.75 (3m) (a) 1f. “Disability-owned financial adviser" means a financial adviser certified by the department under s. 16.289 (3).

AB68,129 Section 129 . 16.75 (3m) (a) 1g. of the statutes is created to read:

AB68,256,12 16.75 (3m) (a) 1g. “Disability-owned investment firm" means an investment firm certified by the department under s. 16.289 (3).

AB68,130 Section 130. 16.75 (3m) (a) 3q. of the statutes is created to read:

AB68,256,16 16.75 (3m) (a) 3q. “Lesbian, gay, bisexual, or transgender-owned business” means a business, other than a financial adviser or investment firm, certified by the department under s. 16.288 (3).

AB68,131 Section 131 . 16.75 (3m) (a) 3r. of the statutes is created to read:

AB68,256,19 16.75 (3m) (a) 3r. “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department under s. 16.288 (3).

AB68,132 Section 132 . 16.75 (3m) (a) 3s. of the statutes is created to read:

AB68,256,22 16.75 (3m) (a) 3s. “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department under s. 16.288 (3).

AB68,133 Section 133. 16.75 (3m) (b) 2g. of the statutes is created to read:

AB68,257,3 16.75 (3m) (b) 2g. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses.

AB68,134 Section 134. 16.75 (3m) (b) 2r. of the statutes is created to read:

AB68,257,9 16.75 (3m) (b) 2r. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to disability-owned businesses.

AB68,135 Section 135. 16.75 (3m) (b) 3. of the statutes is amended to read:

AB68,258,2 16.75 (3m) (b) 3. Except as provided under sub. (7), the department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 may purchase materials, supplies, equipment, and contractual services from any minority business or, disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of those, submitting a qualified responsible competitive bid that is no more than 5 percent higher than the apparent low bid or competitive proposal that is no more than 5 percent higher than the most advantageous proposal. In administering the preference for minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses established in this paragraph, the department, the delegated agency, and any agency making purchases under s. 16.74 shall maximize the use of minority businesses or, disabled veteran-owned businesses which, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses that are incorporated under ch. 180 or which that have their principal place of business in this state.

AB68,136 Section 136. 16.75 (3m) (c) 1. of the statutes is amended to read:

AB68,258,10 16.75 (3m) (c) 1. After completing any contract under this subchapter, the contractor shall report to the agency that awarded the contract any amount of the contract that was subcontracted to minority businesses and, any amount of the contract that was subcontracted to disabled veteran-owned businesses , any amount of the contract that was subcontracted to lesbian, gay, bisexual, or transgender-owned businesses, and any amount of the contract that was subcontracted to disability-owned businesses.

AB68,137 Section 137. 16.75 (3m) (c) 2. e. of the statutes is created to read:

AB68,258,14 16.75 (3m) (c) 2. e. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to lesbian, gay, bisexual, or transgender-owned businesses.

AB68,138 Section 138. 16.75 (3m) (c) 2. f. of the statutes is created to read: