Amendment ASA1-AB910

JTK/PG/GMM:jld&nwn:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 910

April 6, 2010 - Offered by Representatives Clark and Mason.

AB910-ASA1,1,7 An Act to amend 16.75 (1) (a) 1.; and to create 15.105 (32), 16.24, 16.705 (1L), 16.705 (9), 16.71 (5s), 16.75 (13), 20.505 (4) (kc), 66.0903 (5) (d), 66.0904 (5) (d) and 103.49 (3g) (d) of the statutes; relating to: establishment of a Wisconsin conservation corps program, authorizing a transfer of moneys appropriated to one or more state agencies, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

This substitute amendment 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 substitute amendment 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; two members of the faculty employed by a technical college district board, appointed by the state Technical College System Board, for three-year terms; one member representing the University of Wisconsin-Extension, for a three-year term; and one member of a nongovernmental organization that has expertise in youth training programs, for a three-year term.

Under the substitute amendment, DOA provides staff services to the board. The substitute amendment 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 engages, 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 substitute amendment 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.

To finance the operation of the WCC Board and program, the substitute amendment permits the secretary of administration to transfer any amount of money appropriated from a sum certain appropriation to an executive branch agency to the board during the period beginning on the day the substitute amendment becomes law and ending on the date of publication of the 2011-13 biennial budget act, subject to certain limitations. The secretary is prohibited from making any transfer of moneys derived from federal revenues and is also prohibited from making a transfer if the transfer would violate the state or federal constitution, state or federal law, or a requirement imposed by the federal government as a condition to receipt of aids by this state. In addition, the secretary is prohibited from transferring certain moneys appropriated to the Department of Transportation. Any proposed transfer must first be reported by the secretary to the cochairpersons of the Joint Committee on Finance and is subject to review, approval, or modification by the committee, but the committee may waive its right to review a proposed transfer.

The substitute amendment provides that a WCC project must be designed to carry out a specific goal within a defined period of time, 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. A project may be sited only on public land in this state or land in which the public has an ownership interest, except that incidental work may be performed on other land if the work is directly related to accomplishing work performed on public land or land is which the public has an ownership interest. The substitute amendment permits local governments or nonprofit corporations to submit applications to sponsor projects. A project application must identify the proposed project and the sponsor of the project and provide a detailed plan for the work on the project. In addition, the application must contain an enumeration of the number of work crews that will work on the project an affirmation as to whether the work crew members would be eligible to participate in a youth corps program administered by the National and Community Service Board (NCSB), as well as a plan for training the work crew members, providing transportation to the project work sites, making available individualized educational opportunities for work crew members suited to the qualifications, experience, and needs of the members while they are working on the projects, for assisting work crew members in making full use of all benefits provided under such a youth corps program if the project qualifies as a youth corps program, and for visiting postsecondary institutions such as a technical college or University of Wisconsin (UW) two-year college, to familiarize the crew members with application and enrollment procedures, programs, and course offerings.

The substitute amendment 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 engagement.

The substitute amendment 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 manager must jointly submit the application with the sponsor to NCSB for funding. If funding is provided by NCSB, the manager must use the funding to assist the sponsor in training the work crews.

The substitute amendment 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, a UW college, or another postsecondary institution upon completion of the project and their status on the first anniversary of completion of the project.

The substitute amendment 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 substitute amendment 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 substitute amendment 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB910-ASA1, s. 1 Section 1. 15.105 (32) of the statutes is created to read:

AB910-ASA1,4,4 15.105 (32) Wisconsin conservation corps board. There is created a Wisconsin conservation corps board that is attached to the department of administration under s. 15.03, consisting of the following:

AB910-ASA1,4,5 (a) The secretary of natural resources or his or her designee.

AB910-ASA1,4,6 (b) The executive secretary of the board of commissioners of public lands.

AB910-ASA1,4,8 (c) Two representatives to the assembly, appointed as are members of assembly standing committees.

AB910-ASA1,4,9 (d) Two senators, appointed as are members of senate standing committees.

AB910-ASA1,4,12 (e) One member of a nongovernmental organization that has expertise in conservation matters or that represents employees who work in conservation activities, for a 3-year term.

AB910-ASA1,4,14 (f) Two members of the faculty employed by a technical college district board, appointed by the technical college system board, for 3-year terms.

AB910-ASA1,4,16 (g) One member representing the University of Wisconsin-Extension, for a 3-year term.

AB910-ASA1,4,18 (h) One member of a nongovernmental organization that has expertise in youth training programs, for a 3-year term.

AB910-ASA1, s. 2 Section 2. 16.24 of the statutes is created to read:

AB910-ASA1,5,5 16.24 Wisconsin conservation corps. (1) Establishment of program. There is established the Wisconsin conservation corps program. The purpose of the program is to seek 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.

AB910-ASA1,5,6 (2) Definitions. In this section:

AB910-ASA1,5,7 (a) "Board" means the Wisconsin conservation corps board.

AB910-ASA1,5,8 (b) "College campus" has the meaning given under s. 36.05 (6m).

AB910-ASA1,5,10 (c) "Local government" has the meaning given for "local governmental unit" in s. 16.97 (7).

AB910-ASA1,5,13 (d) "Nonprofit corporation" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the federal Internal Revenue Code that is exempt from the federal income tax under section 501 (a) of that code.

AB910-ASA1,5,17 (e) "Project" means a planned undertaking of the Wisconsin conservation corps for a sponsor to carry out a specific goal within a defined period of time that is focused on the conservation or enjoyment of natural resources and that will have a specific, beneficial, physical effect.

AB910-ASA1,5,19 (f) "Sponsor" means a local government or a nonprofit corporation that proposes to undertake a project.

AB910-ASA1,5,20 (g) "Youth corps program" has the meaning given in s. 16.22 (1) (dm).

AB910-ASA1,5,23 (3) Wisconsin conservation corps board. The board is the policy-making body of the Wisconsin conservation corps program. The board shall promulgate rules consistent with this section for the operation of the program.

AB910-ASA1,6,9 (4) Management and services. (a) The board shall contract with a nonprofit corporation that has demonstrated experience in natural resources conservation and youth training or employment to administer and manage the Wisconsin conservation corps program. The manager shall retain all work crew members under sub. (8), except that the manager shall enroll any work crew members who are participants in a youth corps program. The manager shall also train and supervise all work crews, provide educational programming for work crews, and provide outreach and other communications services in accordance with this section and the rules and directives of the board. The manager shall also identify and review potential projects, assist with project proposal development, and recommend to the board proposed projects for its review and approval.

AB910-ASA1,6,14 (b) The board shall not authorize or require, and the manager shall not engage, the services of any employee or contractor to perform services under the Wisconsin conservation corps program if those services displace the services of any individual who is employed by this state in a position, as defined in s. 230.03 (11), or who is employed by a local government in a permanent position.

AB910-ASA1,6,19 (5) Project application; approval. (a) Each project is subject to review and approval by the board prior to commencement of work on the project. The manager may submit an application to the board for approval of a proposed project. An application shall be in the form prescribed by the board and shall include all of the following:

AB910-ASA1,6,21 1. An identification of the project and the sponsor of the project, together with a detailed plan for the work to be performed on the project.

AB910-ASA1,6,25 2. An enumeration of the number of work crews that will work on the project, an affirmation as to whether work crew members would be eligible to participate in a youth corps program and an affirmation that the work crew members will satisfy the requirements under sub. (8).

AB910-ASA1,7,6 3. A plan for training the work crew members, providing transportation to each project work site, making available individualized educational opportunities for work crew members suited to the qualifications, experience, and needs of the members while they are working on the project, and for assisting work crew members who are participating in a youth corps program in making full use of all benefits provided under the program.

AB910-ASA1,7,11 4. A plan for the crew members to visit postsecondary institutions, such as a technical college or a college campus of the University of Wisconsin System, at least once every 3 months while they are employed or enrolled to work on a project in order to familiarize them with application and enrollment procedures, programs, and course offerings.

AB910-ASA1,7,15 (b) The board shall approve applications for projects that are located in at least one of each of the technical college districts in each year. To the greatest extent practicable, the board shall ensure that projects are equally distributed across technical college districts.

AB910-ASA1,7,17 (6) Staff support. The department shall provide all staff support necessary for the operation of the board.

AB910-ASA1,7,24 (7) Scope of projects. (a) 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.

AB910-ASA1,8,3 (b) 1. Except as authorized in subd. 2., no project may be sited on land that is not located in this state and owned by the federal or state government or a local government, or land in which one of those entities has an ownership interest.

AB910-ASA1,8,6 2. A project may include incidental work to be performed on land not described in subd. 1. if the work to be performed on that land is directly related to accomplishing work on a project that is sited on land described in subd. 1.

AB910-ASA1,8,13 (8) Work crews. The work crew members on a project shall constitute the Wisconsin conservation corps. Each work crew shall have a crew leader. The board shall determine the size of work crews. Each work crew member on a project shall be between the ages of 18 and 25. At least 50 percent of the work crew members on each project shall have no postsecondary education and shall have a family income of not more than 200 percent of the poverty line, as defined in s. 49.001 (5), on the date of initial employment or enrollment.

AB910-ASA1,8,19 (9) Funding of projects. (a) If the manager determines that a project proposed in an application submitted under sub. (4) is an appropriate project and that work crew members on the project would be eligible to participate in a youth corps program and satisfy the requirements under sub. (8), the manager shall submit the application to the national and community service board for a grant under s. 16.22 (2) (h).

AB910-ASA1,8,22 (b) If an application for a grant is approved by the national and community service board under s. 16.22 (2) (h), the manager shall accept the grant for the board and shall use the grant to assist the sponsor in training the work crews.

AB910-ASA1,9,2 (c) If the manager determines that funding for a proposed project would not be available under s. 16.22 (2) (h), the manager shall work with the sponsor to identify funding sources and shall apply for and accept funding for projects from available sources.

AB910-ASA1,9,9 (10) Intergovernmental cooperation. The department may, on behalf of the board, the manager, or a sponsor, enter into a cooperative purchasing agreement under s. 16.73 (1). The board may, on behalf of itself, the manager, or a sponsor, enter into such an agreement. The board may request cooperative assistance from other state agencies in carrying out is program responsibilities as provided in s. 20.901 (1) (a). The board may enter into an intergovernmental service agreement under s. 66.0301 on behalf of itself, the manager, or a sponsor.

AB910-ASA1,9,11 (11) Responsibilities of sponsor. Each sponsor of a Wisconsin conservation corps project approved under this section shall do all of the following:

AB910-ASA1,9,13 (a) Upon completion of the project, erect a permanent plaque at each project work site identifying the site as a Wisconsin conservation corps project.

AB910-ASA1,9,21 (b) Submit a report to the board identifying the number of work crew members who enrolled at a technical college, a college campus of the University of Wisconsin System, or any other postsecondary educational institution upon completion of a project in which they were engaged and the status of each such work crew member as of the first anniversary after completion of each project, including whether the crew member was graduated from high school, has received a declaration of equivalency of high school graduation, or is employed and if employed, in what capacity.

AB910-ASA1,9,25 (12) Annual report. Annually no later than March 31, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), identifying Wisconsin conservation corps projects completed in the preceding year or that are in the process of completion at the end of that year.

AB910-ASA1, s. 3 Section 3. 16.705 (1L) of the statutes is created to read:

AB910-ASA1,10,5 16.705 (1L) Subsection (1) does not apply to the agreement for the management of the Wisconsin conservation corps program under s. 16.24 (4).

AB910-ASA1, s. 4 Section 4. 16.705 (9) of the statutes is created to read:

AB910-ASA1,10,9 16.705 (9) Subsections (2) to (8) do not apply to procurements by an agency for contractual services to be performed by crew members as a part of a Wisconsin conservation corps project.

AB910-ASA1, s. 5 Section 5. 16.71 (5s) of the statutes is created to read:

AB910-ASA1,10,14 16.71 (5s) The department shall delegate to authority to the Wisconsin conservation corps board to enter into cooperative purchasing agreements under s. 16.73 (1) on behalf of itself, the manager of the Wisconsin conservation corps program, or a sponsor of a Wisconsin conservation corps project.

AB910-ASA1, s. 6 Section 6. 16.75 (1) (a) 1. of the statutes is amended to read:

AB910-ASA1,10,24 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and (13) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB910-ASA1, s. 7 Section 7. 16.75 (13) of the statutes is created to read:

AB910-ASA1,11,3 16.75 (13) Subsection (1) does not apply to procurements by an agency for contractual services to be performed by crew members as a part of a Wisconsin conservation corps project.

AB910-ASA1, s. 8 Section 8. 20.505 (4) (kc) of the statutes is created to read:

AB910-ASA1,11,8 20.505 (4) (kc) Wisconsin conservation corps board; interagency transfers. All moneys transferred to the Wisconsin conservation corps board from other state agencies and all moneys transferred under 2009 Wisconsin Act .... (this act), section 12 (3 ), to be used for the general program operations of the board under s. 16.24.

AB910-ASA1, s. 9 Section 9. 66.0903 (5) (d) of the statutes is created to read:

AB910-ASA1,11,11 66.0903 (5) (d) Work performed by crew members on a Wisconsin conservation corps project.

AB910-ASA1, s. 10 Section 10. 66.0904 (5) (d) of the statutes is created to read:

AB910-ASA1,11,14 66.0904 (5) (d) Work performed by crew members on a Wisconsin conservation corps project.

AB910-ASA1, s. 11 Section 11. 103.49 (3g) (d) of the statutes is created to read:

AB910-ASA1,11,17 103.49 (3g) (d) Work performed by crew members on a Wisconsin conservation corps project.

AB910-ASA1, s. 12 Section 12 . Nonstatutory provisions.

AB910-ASA1,12,4 (1) Emergency rules for operation of Wisconsin conservation corps program. The Wisconsin conservation corps board may promulgate all rules necessary for the operation of the Wisconsin conservation corps program under section 16.24 of the statutes as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this subsection may remain in effect for not more than one year and may be extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB910-ASA1,12,6 (2) Initial terms of appointed members of the Wisconsin conservation corps board.

AB910-ASA1,12,10 (a) Notwithstanding the length of term specified for the member of the Wisconsin conservation corps board specified in section 15.105 (32) (e) of the statutes, as created by this act, the initial term for the member appointed under section 15.105 (32) (e) of the statutes, as created by this act, shall expire on May 1, 2014.