Amendment SE5 AA2-ASA1-AB1

LRBa1904/1

JTK:ibw&kmg:mkd

September 1995 Special Session

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 2, To ASSEMBLY SUBSTITUTE AMENDMENT 1, To ASSEMBLY BILL 1

September 27, 1995 - Offered by Representative Williams.

AB1-ASA1-AA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-AA2,1,2 1. Page 3, line 7: after that line insert:

AB1-ASA1-AA2,1,4 " Section 3c. 16.765 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-ASA1-AA2,1,13 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB1-ASA1-AA2, s. 3e Section 3e. 16.765 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-ASA1-AA2,2,16 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause."

AB1-ASA1-AA2, s. 3h Section 3h. 16.765 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-ASA1-AA2,2,23 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and, the Bradley center sports and entertainment corporation and any local professional baseball park district created under subch. III of ch. 229 shall take appropriate action to revise the standard government contract forms under this section.

AB1-ASA1-AA2, s. 3j Section 3j. 16.765 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-ASA1-AA2,3,14 16.765 (5) The head of each contracting agency and, the boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation and the district board of each local professional baseball park district created under subch. III of ch. 229 shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and, the boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation and the district board of each local professional baseball park district created under subch. III of ch. 229 for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB1-ASA1-AA2, s. 3L Section 3L. 16.765 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-ASA1-AA2,3,23 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or a local professional baseball park district created under subch. III of ch. 229 for processing in accordance with the department's procedures.

AB1-ASA1-AA2, s. 3n Section 3n. 16.765 (7) (intro.) and (d) of the statutes, as affected by 1995 Wisconsin Act 27, are amended to read:

AB1-ASA1-AA2,4,6 16.765 (7) (intro.)  When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or a local professional baseball park district created under subch. III of ch. 229, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or the district shall:

AB1-ASA1-AA2,4,10 (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or, the Bradley center sports and entertainment corporation or the district.

AB1-ASA1-AA2, s. 3p Section 3p. 16.765 (8) of the statutes is amended to read:

AB1-ASA1-AA2,4,22 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency or, the Bradley center sports and entertainment corporation or the local professional baseball park district created under subch. III of ch. 229 may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency or , the Bradley center sports and entertainment corporation or the district shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency or, the Bradley center sports and entertainment corporation or the district may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.".

AB1-ASA1-AA2,4,23 2. Page 3, line 13: delete ", 16.754 or 16.765" and substitute "or 16.754".

AB1-ASA1-AA2,4,24 (End)