Amendment AA27-ASA1-AB133

LRBb1520/1

MJL&PG:jlg:jf

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 27, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 133

June 29, 1999 - Offered by Representative Krug.

AB133-ASA1-AA27,1,1 At the locations indicated, amend the substitute amendment as follows:

AB133-ASA1-AA27,1,3 1. Page 789, line 8: delete "public school facilities in" and substitute "facilities used by public schools in, or by charter schools that are instrumentalities of,".

AB133-ASA1-AA27,1,4 2. Page 793, line 22: after that line insert:

AB133-ASA1-AA27,1,5 "(h) Minority contracting goals. 1. In this paragraph:

AB133-ASA1-AA27,1,6 a. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB133-ASA1-AA27,1,7 b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB133-ASA1-AA27,1,10 c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB133-ASA1-AA27,2,5 2. The board of school directors of the school district operating under ch. 119 shall ensure that, for construction work and professional services contracts that relate to capital improvements under sub. (5) (a) 4. d., a person who is awarded such a contract by the board shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.

AB133-ASA1-AA27,2,10 3. It shall be a goal of the board of school directors of the school district operating under ch. 119 to ensure that at least 25% of the aggregate dollar value of contracts that relate to capital improvements under sub. (5) (a) 4. d. shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the board shall be awarded to women's businesses.

AB133-ASA1-AA27,2,19 4. a. The board of school directors of the school district operating under ch. 119 shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by the board shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under subd. 2. he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.

AB133-ASA1-AA27,3,2 b. If the board of school directors of the school district operating under ch. 119 is unable to meet the goals under subd. 3., the board shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under subd. 3. are to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under subd. 3.

AB133-ASA1-AA27,3,8 5. a. The board of school directors of the school district operating under ch. 119 shall hire an independent person to monitor the board's compliance with minority contracting goals under subds. 2. and 3. The person hired shall have previous experience working with minority group members. The board shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB133-ASA1-AA27,3,13 b. If the board or a contractor is unable to meet the goals under subd. 2. or 3., the person hired under this subd. 5. a. shall assess whether the board or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 6.

AB133-ASA1-AA27,3,16 6. a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB133-ASA1-AA27,3,19 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in this subd. 6. a., in areas in which contracts were awarded.

AB133-ASA1-AA27,3,23 c. The extent to which the board or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in this subd. 6. a., and the extent to which eligible minority businesses and women's businesses submitted bids.".

AB133-ASA1-AA27,3,24 3. Page 1117, line 12: after that line insert:

AB133-ASA1-AA27,4,1 " Section 2108m. 119.16 (10) (cm) of the statutes is created to read:

AB133-ASA1-AA27,4,4 119.16 (10) (cm) The board shall hold hearings on the plan under 1999 Wisconsin Act .... (this act), section 9158 (7tw) (a) before submission of the plan to the joint committee on finance.".

AB133-ASA1-AA27,4,6 4. Page 1568, line 1: after "(b)" insert "and to the senate and assembly education committees".

AB133-ASA1-AA27,4,7 5. Page 1568, line 16: after that line insert:

AB133-ASA1-AA27,4,11 "(bm) If a member of the senate or assembly education reform committees requests a hearing within 30 days after submission of the plan under paragraph (a), the member's committee shall hold a hearing on the plan within 2 weeks after the request.".

AB133-ASA1-AA27,4,12 (End)