Amendment SA2-AB796

AB796-SA2,1,10 " Section 10s. 16.75 (3m) (c) 4. and 5. of the statutes are amended to read:

AB796-SA2,2,5 16.75 (3m) (c) 4. The department shall annually prepare and submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), on the total amount of money paid to and of indebtedness or other obligations underwritten by minority businesses, minority financial advisers and minority investment firms under the requirements of this subsection and ss. 16.855 (10m) and (10n), 16.87 (2), 25.185, 84.075 and 565.25 (2) (a) 3. and on this state's progress toward achieving compliance with par. (b) and ss. 16.855 (10m) (a) and (10n), 16.87 (2), 25.185 and 84.075 (1).

AB796-SA2,2,10 5. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) or s. 16.855 (10m) and (10n), 16.87 (2) or 25.185 the department shall include only amounts paid to minority businesses, minority financial advisers and minority investment firms certified by the department of commerce under s. 560.036 (2).".

AB796-SA2,2,11 3. Page 5, line 24: after that line insert:

AB796-SA2,2,12 " Section 13d. 16.855 (10m) (a) and (c) of the statutes are amended to read:

AB796-SA2,2,18 16.855 (10m) (a) In Except as provided in sub. (10n), in awarding construction contracts the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is awarded to contractors and subcontractors which are minority businesses, as defined under s. 16.75 (3m) (a). The department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.

AB796-SA2,2,21 (c) The department shall maintain and annually publish data on contracts awarded to minority businesses under this subsection and sub. (10n) and ss. 16.87 and 84.075.

AB796-SA2, s. 13h Section 13h. 16.855 (10n) of the statutes is created to read:

AB796-SA2,2,23 16.855 (10n) (a) In this subsection:

AB796-SA2,2,24 1. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB796-SA2,3,1 2. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB796-SA2,3,4 3. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB796-SA2,3,11 (b) The department shall enter into a memorandum of understanding with the state fair park board which shall specify procedures for construction work and professional services contracts to be performed for the state fair park board under which any person who is awarded such a contract 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.

AB796-SA2,3,16 (c) It shall be a goal of the department, in coordination with the state fair park board, to ensure that at least 25% of the aggregate dollar value of contracts awarded by the department in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the department in the following areas shall be awarded to women's businesses:

AB796-SA2,3,17 1. Contracts for the construction of state fair park facilities.

AB796-SA2,3,19 2. Contracts for professional services related to the construction of state fair park facilities.

AB796-SA2,3,20 3. Contracts for the development of state fair park facilities.

AB796-SA2,3,24 (d) It shall be a goal of the department, in coordination with the state fair park board, with regard to each of the contracts described under par. (c) 1. to 3., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

AB796-SA2,4,7 (e) 1. Pursuant to the memorandum of understanding under par. (b), the department shall hire an independent person to monitor the compliance of the department and state fair park board with minority contracting goals under pars. (b) to (d). The person hired shall have previous experience working with minority group members. The memorandum of understanding shall include a mechanism for receiving regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB796-SA2,4,12 2. If the department or a contractor is unable to meet the goals under par. (b), (c) or (d), the person hired under subd. 1. shall assess whether the department 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 following:

AB796-SA2,4,15 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.

AB796-SA2,4,18 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 2. a., in areas in which contracts were awarded.

AB796-SA2,4,22 c. The extent to which the department or contractor advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in subd. 2. a., and the extent to which eligible minority businesses and women's businesses submitted bids.

AB796-SA2, s. 13p Section 13p. 16.855 (22) of the statutes is amended to read:

AB796-SA2,5,7 16.855 (22) The provisions of this section, except sub. subs. (10m) and (10n), do not apply to construction work for any project the estimated construction cost of which does not exceed $100,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project is at least $30,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB796-SA2, s. 13t Section 13t. 16.87 (2) of the statutes is amended to read:

AB796-SA2,5,16 16.87 (2) A contract for engineering services or architectural services or a contract involving an expenditure of $2,500 or more for construction work, or $20,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission or officer of the state is exempt from the requirements of ss. 16.705 and 16.75. The Except as provided in s. 16.855 (10n), the department shall attempt to ensure that 5% of the total amount expended under this section for these purposes in each fiscal year is paid to minority businesses, as defined under s. 16.75 (3m) (a).".

AB796-SA2,5,17 4. Page 7, line 17: after "(3)" insert "(a)".

AB796-SA2,5,18 5. Page 7, line 19: after that line insert:

AB796-SA2,6,3 "(b) The board shall develop policies encouraging each private person entering into an agreement with the board under this subsection to agree that his or her goal shall be to ensure that at least 25% of the employes hired to perform construction work in connection with state fair park facilities or to perform professional services in connection with the construction or development of those facilities will be minority group members, as defined in s. 560.036 (1) (f), and that at least 5% of the employes hired to perform construction work in connection with state fair park facilities or to perform professional services in connection with the construction or development of those facilities will be women.

AB796-SA2,6,10 (c) It shall be a goal of the board to ensure that at least 25% of the aggregate dollar value of contracts awarded by private persons entering into agreements with the board under this subsection in the following areas shall be awarded to minority businesses, as defined in s. 560.036 (1) (e), and at least 5% of the aggregate dollar value of contracts awarded by private persons entering into agreements with the board under this subsection in the following areas shall be awarded to women's businesses, as defined in s. 16.855 (10n) (a):

AB796-SA2,6,11 1. Contracts for the construction of state fair park facilities.

AB796-SA2,6,13 2. Contracts for professional services related to the construction of state fair park facilities.

AB796-SA2,6,14 3. Contracts for the development of state fair park facilities.

AB796-SA2,6,21 (d) It shall be a goal of the board, with regard to each of the contracts described under par. (c) 1. to 3., to ensure that at least 25% of the dollar value of such contracts are awarded by private persons entering into agreements with the board under this subsection to minority businesses, as defined in s. 560.036 (1) (e), and at least 5% of the dollar value of such contracts are awarded by private persons entering into agreements with the board under this subsection to women's businesses, as defined in s. 16.855 (10n) (a).".

AB796-SA2,6,23 6. Page 7, line 24: delete "The" and substitute "(1) Except as provided in sub. (2), the".

AB796-SA2,6,24 7. Page 8, line 2: after that line insert:

AB796-SA2,7,3 "(2) The state fair park board shall enter into a memorandum of understanding with the department of administration with respect to oversight of the contracting procedures under s. 16.855 (10n).".

AB796-SA2,7,4 8. Page 8, line 7: after that line insert:

AB796-SA2,7,5 " Section 25g. 560.036 (2) (a) of the statutes is amended to read:

AB796-SA2,7,12 560.036 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m) and (10n), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 42.09 (3), 66.911, 119.495 (2), 231.27 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

AB796-SA2, s. 25r Section 25r. 560.036 (2) (d) 1. b. of the statutes is amended to read:

AB796-SA2,7,17 560.036 (2) (d) 1. b. The department determines that, with respect to a specified type of supply, material, equipment or service, there are not enough certified minority business suppliers in this state to enable this state to achieve compliance with ss. 16.75 (3m), 16.855 (10m) and (10n), 16.87 (2) and, 25.185 and 42.09 (3).".

AB796-SA2,7,18 9. Page 9, line 9: after that line insert:

AB796-SA2,7,19 " Section 26m. Initial applicability.

AB796-SA2,7,23 (1q) The treatment of sections 13.48 (29), 16.75 (3m) (c) 4. and 5., 16.855 (10m) (a) and (c), (10n) and (22), 16.87 (2), 42.09 (3) (b) to (d) and 560.036 (2) (a) and (d) 1. b. of the statutes first applies with respect to contracts for which bids or competitive sealed proposals are solicited on the effective date of this subsection.".

AB796-SA2,7,24 (End)