Amendment SA1-AB40

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 1, TO ASSEMBLY BILL 40

June 20, 2013 - Offered by Senators Lassa, Vinehout, Shilling, Hansen, Risser, Harris, L. Taylor, Wirch, T. Cullen, Miller, Lehman, Carpenter and Erpenbach.

AB40-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB40-SA1,1,3 1. Page 25, line 9: delete lines 9 to 22.

AB40-SA1,1,5 2. Page 26, line 24: delete the material beginning with that line and ending with page 27, line 6.

AB40-SA1,1,6 3. Page 41, line 13: after that line insert:

AB40-SA1,1,7 " Section 90b. 16.72 (2) (c) of the statutes is amended to read:

AB40-SA1,1,11 16.72 (2) (c) To the extent possible, the department shall write specifications so as to permit the purchase of materials manufactured in the United States, as defined in s. 16.754 (1) (b), or the purchase of local products or services, as defined in s. 66.0145 (1) (b).".

AB40-SA1,1,12 4. Page 46, line 17: after that line insert:

AB40-SA1,1,13 " Section 122bb. 16.754 (title) of the statutes is amended to read:

AB40-SA1,2,2 16.754 (title) Preference for local products and services and American-made materials.

AB40-SA1,122bd Section 122bd. 16.754 (1) (a) of the statutes is renumbered 16.754 (1) (ar).

AB40-SA1,122bf Section 122bf. 16.754 (1) (am) of the statutes is created to read:

AB40-SA1,2,6 16.754 (1) (am) "Local product or service" has the meaning given in s. 66.0145 (1) (b).

AB40-SA1,122bh Section 122bh. 16.754 (2) (title) of the statutes is amended to read:

AB40-SA1,2,8 16.754 (2) (title) Purchase preference preferences.

AB40-SA1,120bj Section 120bj. 16.754 (2) of the statutes is renumbered 16.754 (2) (b) and amended to read:

AB40-SA1,2,13 16.754 (2) (b) Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all other factors are substantially equal making purchases, the state shall purchase materials which are manufactured to the greatest extent in the United States.

AB40-SA1,122bL Section 122bL. 16.754 (2) (a) of the statutes is created to read:

AB40-SA1,2,21 16.754 (2) (a) The department, any other designated purchasing agent under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 20 percent of the total amount expended under this subchapter in each fiscal year is for local products or services and it shall be a further goal that the percentage of the total amount expended in any fiscal year for local products or services will not be lower than the percentage of the total amount expended in the previous fiscal year for local products or services.

AB40-SA1,120bm Section 120bm. 16.754 (2) (c) of the statutes is created to read:

AB40-SA1,3,2 16.754 (2) (c) Any contract entered into by the state for the construction, repair, or modification of a public works or public improvement project must contain a provision that the contractor will use materials that are manufactured in the United States in the performance of the contract.

AB40-SA1,122bn Section 122bn. 16.754 (2m) of the statutes is created to read:

AB40-SA1,3,10 16.754 (2m) Data. For purposes of measuring compliance with sub. (2) (a), the department shall collect from a person who responds to a proposal or submits a bid for a contract information regarding the person's principal place of business. The department shall make available to the public on its Internet site the data it collects under this subsection as well as an annual evaluation of how well the department, its designated purchasing agents, and any agency making purchases under s. 16.74 are meeting the goal under sub. (2) (a).

AB40-SA1,120f Section 120f. 16.754 (3) (intro.) and (a) of the statutes are amended to read:

AB40-SA1,3,20 16.754 (3) Exemptions. (intro.) Subsection (2) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) does not apply to the purchase of stationery and printing materials. Subsection (2) does not apply if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) does not apply if the department or other person having contracting authority in respect to the purchase determines that any of the following:

AB40-SA1,3,22 (a) The materials are not manufactured in the United States in sufficient or reasonably available quantities; or.".

AB40-SA1,4,3 5. Page 113, line 2: increase the dollar amount for fiscal year 2013-14 by $211,200 and increase the dollar amount for fiscal year 2014-15 by $211,200 for the purpose of funding financial assistance for paratuberculosis testing.

AB40-SA1,4,6 6. Page 114, line 13: increase the dollar amount for fiscal year 2013-14 by $250,000 and increase the dollar amount for fiscal year 2014-15 by $250,000 for the purpose of funding farm to school grants.

AB40-SA1,4,9 7. Page 114, line 15: increase the dollar amount for fiscal year 2013-14 by $321,000 and increase the dollar amount for fiscal year 2014-15 by $321,000 for the purpose of providing funding for agricultural research and development grants.

AB40-SA1,4,10 8. Page 115, line 6: after that line insert: - See PDF for table

AB40-SA1,4,11 9. Page 145, line 11: after that line insert: - See PDF for table

AB40-SA1,4,15 10. Page 206, line 6: increase the dollar amount for fiscal year 2013-14 by $786,600 and increase the dollar amount for fiscal year 2014-15 by $1,205,500 to increase the authorized FTE positions for the Wisconsin Employment Relations Commission by 11.49 GPR positions.

AB40-SA1,4,19 11. Page 206, line 8: increase the dollar amount for fiscal year 2013-14 by $245,600 and increase the dollar amount for fiscal year 2014-15 by $327,400 to increase the authorized FTE positions for the Wisconsin Employment Relations Commission by 5.0 PR positions.

AB40-SA1,5,3 12. Page 229, line 3: increase the dollar amount for fiscal year 2013-14 by $250,000 and increase the dollar amount for fiscal year 2014-15 by $250,000 for the purposes for which the appropriation is made.

AB40-SA1,5,6 13. Page 292, line 14: decrease the dollar amount for fiscal year 2013-14 by $18,835,800 and decrease the dollar amount for fiscal year 2014-15 by $18,835,800 for the purposes for which the appropriation is made.

AB40-SA1,5,7 14. Page 312, line 5: delete that line.

AB40-SA1,5,8 15. Page 326, line 9: after that line insert:

AB40-SA1,5,9 " Section 252m. 20.292 (1) (aj) of the statutes is created to read:

AB40-SA1,5,11 20.292 (1) (aj) Workforce growth program. The amounts in the schedule for grants to technical college districts under s. 38.39.".

AB40-SA1,5,12 16. Page 458, line 2: before "118.15" insert "38.39,".

AB40-SA1,5,13 17. Page 463, line 21: after that line insert:

AB40-SA1,5,14 " Section 657m. 38.39 of the statutes is created to read:

AB40-SA1,5,24 38.39 Workforce growth program. (1) A district board may obtain grants under sub. (2) for the purpose of partnering with a business, consortium of businesses, local workforce development board established under 29 USC 2832, or economic development organization, that is located or provides service in the district, in a project to help meet local needs for supporting sectors of the economy with a documented skills gap or high workforce shortage, which could include manufacturing, energy, information technology, skilled trades, and health care. A project may provide for activities that address development of individuals prior to entering the workforce and workforce training, which could include one or more of the following:

AB40-SA1,6,1 (a) Job training scholarships based on local labor market needs.

AB40-SA1,6,2 (b) Building or infrastructure construction.

AB40-SA1,6,3 (c) Equipment and material purchases.

AB40-SA1,6,4 (d) Faculty hiring.

AB40-SA1,6,6 (e) Development in partnership with industry of curricula, based on industry standards, that lead to certificates or degrees.

AB40-SA1,6,8 (f) Student career support services, including job placement and business recruitment.

AB40-SA1,6,14 (2) From the appropriation under s. 20.292 (1) (aj), the board shall award grants to district boards that apply to the board to fund the costs of projects under sub. (1). The board shall consider the speed by which the activities specified in applications could meet training and employment needs and give a preference in awarding the grants to projects that seek to eliminate waiting lists for courses pertaining to jobs with high employment demand.".

AB40-SA1,6,15 18. Page 564, line 15: after that line insert:

AB40-SA1,6,16 " Section 987r. 49.155 (1g) (ac) of the statutes is amended to read:

AB40-SA1,6,20 49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,975,000 per fiscal year, plus $6,935,800 in each of fiscal years 2013-14 and 2014-15 for that program and a program to reward child care workers who have received advanced training.".

AB40-SA1,6,21 19. Page 567, line 21: delete lines 21 to 25 and substitute:

AB40-SA1,6,22 " Section 1001c. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB40-SA1,7,2 49.155 (6) (e) 3. (intro.) Beginning on July 1, 2012 the effective date of this subdivision .... [LRB inserts date], the department may shall modify a child care provider's reimbursement payment rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:".

AB40-SA1,7,3 20. Page 568, line 4: delete lines 4 to 24 and substitute:

AB40-SA1,7,4 " Section 1003c. 49.155 (6) (e) 3. b. of the statutes is amended to read:

AB40-SA1,7,7 49.155 (6) (e) 3. b. For a child care provider who receives a 2-star rating, the department may reduce shall pay the maximum reimbursement payment rate by up to 5 percent.

AB40-SA1,1004c Section 1004c. 49.155 (6) (e) 3. c. of the statutes is amended to read:

AB40-SA1,7,11 49.155 (6) (e) 3. c. For a child care provider who receives a 3-star rating, the department may pay up to shall increase the maximum reimbursement payment rate by 5 percent.

AB40-SA1,1005c Section 1005c. 49.155 (6) (e) 3. d. of the statutes is amended to read:

AB40-SA1,7,15 49.155 (6) (e) 3. d. For a child care provider who receives a 4-star rating, the department may shall increase the maximum reimbursement payment rate by up to 5 10 percent.

AB40-SA1,1007c Section 1007c. 49.155 (6) (e) 3. e. of the statutes is amended to read:

AB40-SA1,7,21 49.155 (6) (e) 3. e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may shall increase the maximum reimbursement payment rate for such a child care provider by up to 25 percent.".

AB40-SA1,7,22 21. Page 576, line 8: increase the underscored dollar amount by $10,700,000.

AB40-SA1,7,23 22. Page 576, line 9: increase the underscored dollar amount by $10,700,000.

AB40-SA1,8,3 23. Page 576, line 19: after "2012-13" insert ", including an increase of $1,200,000 in each of fiscal years 2013-14 and 2014-15 for mini-grants under child care quality rating system contracts".

AB40-SA1,8,4 24. Page 576, line 19: increase the underscored dollar amount by $8,135,800.

AB40-SA1,8,5 25. Page 578, line 14: delete lines 14 to 18.

AB40-SA1,8,6 26. Page 665, line 15: after that line insert:

AB40-SA1,8,7 " Section 1265v. 66.0145 of the statutes is created to read:

AB40-SA1,8,9 66.0145 Purchases of Wisconsin goods and services. (1) Definitions. In this section:

AB40-SA1,8,10 (a) "Local governmental unit" has the meaning given in s. 66.0135 (1) (c).

AB40-SA1,8,12 (b) "Local product or service" means a product or service that is purchased from a person whose principal place of business is located in this state.

AB40-SA1,8,19 (2) Purchasing goals. (a) It shall be a goal of a local governmental unit that, annually, at least 20 percent of the aggregate value of purchases of products and services by that local governmental unit shall be local products or services, and it shall be a further goal of the local governmental unit that the percentage of the aggregate value of routine purchases of products and services in any year that are local products and services will not be lower than the aggregate value of such routine purchases in the previous year.

AB40-SA1,9,2 (b) A local governmental unit shall evaluate its performance in reaching the goals specified in par. (a) and shall annually make this evaluation available to the public, except that these requirements do not apply to any local governmental unit whose governing body enacts an ordinance, adopts a resolution, or takes other official action stating that it chooses not to conduct an evaluation of its performance in reaching the goals.".

AB40-SA1,9,3 27. Page 684, line 3: after that line insert:

AB40-SA1,9,4 " Section 1277k. 66.0901 (1m) (b) of the statutes is amended to read:

AB40-SA1,9,8 66.0901 (1m) (b) Except when necessary to secure federal aid and except as provided in sub. (10), a political subdivision may not use a bidding method that gives preference based on the geographic location of the bidder or that uses criteria other than the lowest responsible bidder in awarding a contract.

AB40-SA1,1277L Section 1277L. 66.0901 (10) of the statutes is created to read: