LRB-0639/P3
MPG:amn
2021 - 2022 LEGISLATURE
DOA:......Sherwin, BB0193 - Supplier Diversity Initiatives
For 2021-2023 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
state government
General state government
Programs for the certification of certain businesses for preference in state contracting
Under current law, DOA administers disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications. A business that qualifies for and maintains one of those certifications may be eligible to receive certain advantages bidding on public projects and other benefits. Current law authorizes DOA to charge a certification fee to cover its costs to administer the certifications programs. This bill eliminates that fee authorization.
Additionally, the bill establishes the following new certification programs:
1. Lesbian, gay, bisexual, or transgender-owned businesses, including financial advisers and investment firms. DOA may certify a business as a lesbian, gay, bisexual, or transgender-owned business if it determines the business satisfies all of the following:
a. One or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the business or, in the case of any publicly owned business, one or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business.
b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business.
c. The business has its principal place of business in this state.
d. The business is currently performing a useful business function.
2. Disability-owned businesses, including financial advisers and investment firms. DOA may certify a business as a disability-owned business if it determines the business satisfies all of the following:
a. One or more individuals with a disability own at least 51 percent of the business or, in the case of any publicly owned business, one or more individuals with a disability own at least 51 percent of the stock of the business.
b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business.
c. The business has its principal place of business in this state.
d. The business is currently performing a useful business function.
Under the bill, lesbian, gay, bisexual, or transgender-owned businesses and disability-owned businesses are not charged a fee for certification and, if certified, are eligible to receive certain advantages bidding on public projects and other benefits similar to certified disabled veteran-owned businesses, woman-owned businesses, and minority businesses.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1. 16.283 (2) of the statutes is amended to read:
16.283 (2) Disabled veteran-owned business database. The department shall develop, maintain, and keep current a computer database of businesses
, financial advisers, and investment firms certified under this section.
Section
2. 16.283 (3) (b) 1m. a. of the statutes is amended to read:
16.283 (3) (b) 1m. a. One or more disabled veterans owns not less than at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more disabled veterans owns not less than at least 51 percent of the stock of the business, financial adviser, or investment firm.
Section
3. 16.283 (3) (c) of the statutes is repealed.
Section
4. 16.285 (1) (bm) of the statutes is repealed.
Section
5. 16.287 (2) (dm) of the statutes is repealed.
Section
6. 16.288 of the statutes is created to read:
16.288 Lesbian, gay, bisexual, or transgender-owned businesses. (1) Definitions. (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.
(b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).
(c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
(d) “Investment firm" means a business that serves as a manager, comanager, or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer, as defined in s. 551.102 (4).
(e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.
(2) Lesbian, gay, bisexual, or transgender-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.
(3) Lesbian, gay, bisexual, or transgender-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.
(b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:
a. One or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more lesbian, gay, bisexual, or transgender individuals own at least 51 percent of the stock of the business, financial adviser, or investment firm.
b. One or more lesbian, gay, bisexual, or transgender individuals or one or more duly authorized representatives of one or more lesbian, gay, bisexual, or transgender individuals control the management and daily business operations of the business, financial adviser, or investment firm.
c. The business, financial adviser, or investment firm has its principal place of business in this state.
d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.
2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as a lesbian, gay, bisexual, or transgender-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying lesbian, gay, bisexual, or transgender-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1.
(c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.
(d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.
2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
(e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.
2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.
3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.
4. A business, financial adviser, or investment firm decertified under subd. 3. may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.
(4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.
Section
7. 16.289 of the statutes is created to read:
16.289 Disability-owned businesses. (1) Definitions. (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.
(b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).
(c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.
(d) “Investment firm" means a business that serves as a manager, comanager, or in any other underwriting capacity with regard to the sale of evidences of indebtedness or other obligations or as a broker-dealer, as defined in s. 551.102 (4).
(e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.
(2) Disability-owned business database. The department shall develop, maintain, and keep current a computer database of all businesses, financial advisers, and investment firms certified under this section.
(3) Disability-owned business, financial adviser, and investment firm certification. (a) Any business, financial adviser, or investment firm may apply to the department for certification under this section.
(b) 1. The department shall certify a business, financial adviser, or investment firm under this section if, after conducting an investigation, the department determines that the business, financial adviser, or investment firm fulfills all of the following requirements:
a. One or more individuals with a disability own at least 51 percent of the business, financial adviser, or investment firm or, in the case of any publicly owned business, financial adviser, or investment firm, one or more individuals with a disability own at least 51 percent of the stock of the business, financial adviser, or investment firm.
b. One or more individuals with a disability or one or more duly authorized representatives of one or more individuals with a disability control the management and daily business operations of the business, financial adviser, or investment firm.
c. The business, financial adviser, or investment firm has its principal place of business in this state.
d. The business, financial adviser, or investment firm is currently performing a useful business function. Acting as a conduit for the transfer of funds to a business that is not certified under this section does not constitute a useful business function, unless doing so is a normal industry practice.
2. The department may, without conducting an investigation, certify a business, financial adviser, or investment firm having its principal place of business in this state and currently performing a useful business function if the business, financial adviser, or investment firm is certified, or otherwise classified, as disability-owned business, financial adviser, or investment firm by an agency or municipality of this or another state, a federally recognized American Indian tribe, or the federal government, or by a private business with expertise in certifying disability-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1.
(c) If a business, financial adviser, or investment firm applying for certification under this section fails to provide the department with sufficient information to enable the department to conduct an investigation under par. (b) 1. or does not qualify for certification under par. (b), the department shall deny the application. A business, financial adviser, or investment firm whose application is denied may, within 30 days after the date of the denial, appeal in writing to the secretary. The secretary shall enter his or her final decision within 30 days after receiving the appeal.
(d) 1. The department may, at the request of any state agency or on its own initiative, evaluate any business, financial adviser, or investment firm certified under this section to verify that it continues to qualify for certification. The business, financial adviser, or investment firm shall provide the department with any records or information necessary to complete the examination.
2. If a business, financial adviser, or investment firm fails to comply with a reasonable request for records or information, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
3. If, after an evaluation under this paragraph, the department determines that a business, financial adviser, or investment firm no longer qualifies for certification under this section, the department shall notify the business, financial adviser, or investment firm and the department of transportation, in writing, that it intends to decertify the business, financial adviser, or investment firm.
(e) 1. A business, financial adviser, or investment firm receiving a notice under par. (d) 2. or 3. may appeal in writing to the secretary within 30 days after the date of the notice.
2. If the business, financial adviser, or investment firm does not submit an appeal under subd. 1., the department shall immediately decertify the business, financial adviser, or investment firm.
3. If the business, financial adviser, or investment firm submits an appeal under subd. 1., the secretary shall enter his or her final decision, in writing, within 30 days after receiving the appeal. If the secretary confirms the decision of the department, the department shall immediately decertify the business, financial adviser, or investment firm.
4. A business, financial adviser, or investment firm decertified under subd. 3. may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department. If the final administrative or judicial proceeding results in a determination that the business, financial adviser, or investment firm qualifies for certification under this section, the department shall immediately certify the business, financial adviser, or investment firm. The department shall provide the business, financial adviser, or investment firm and the department of transportation with a copy of the final written decision regarding certification under this paragraph.
(4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.
Section
8. 16.75 (3m) (a) 1. of the statutes is renumbered 16.75 (3m) (a) 1j.
Section
9. 16.75 (3m) (a) 1e. of the statutes is created to read:
16.75 (3m) (a) 1e. “Disability-owned business” means a business, other than a financial adviser or investment firm, certified by the department under s. 16.289 (3).
Section 10
. 16.75 (3m) (a) 1f. of the statutes is created to read:
16.75 (3m) (a) 1f. “Disability-owned financial adviser" means a financial adviser certified by the department under s. 16.289 (3).
Section 11
. 16.75 (3m) (a) 1g. of the statutes is created to read:
16.75 (3m) (a) 1g. “Disability-owned investment firm" means an investment firm certified by the department under s. 16.289 (3).
Section
12. 16.75 (3m) (a) 3q. of the statutes is created to read:
16.75 (3m) (a) 3q. “Lesbian, gay, bisexual, or transgender-owned business” means a business, other than a financial adviser or investment firm, certified by the department under s. 16.288 (3).
Section 13
. 16.75 (3m) (a) 3r. of the statutes is created to read:
16.75 (3m) (a) 3r. “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department under s. 16.288 (3).
Section 14
. 16.75 (3m) (a) 3s. of the statutes is created to read:
16.75 (3m) (a) 3s. “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department under s. 16.288 (3).
Section
15. 16.75 (3m) (b) 2g. of the statutes is created to read:
16.75 (3m) (b) 2g. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses.
Section
16. 16.75 (3m) (b) 2r. of the statutes is created to read:
16.75 (3m) (b) 2r. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to disability-owned businesses.
Section
17. 16.75 (3m) (b) 3. of the statutes is amended to read:
16.75 (3m) (b) 3. Except as provided under sub. (7), the department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 may purchase materials, supplies, equipment, and contractual services from any minority business
or, disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of those, submitting a qualified responsible competitive bid that is no more than 5 percent higher than the apparent low bid or competitive proposal that is no more than 5 percent higher than the most advantageous proposal. In administering the preference for minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses established in this paragraph, the department, the delegated agency, and any agency making purchases under s. 16.74 shall maximize the use of minority businesses or
, disabled veteran-owned businesses which, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses that are incorporated under ch. 180 or which that have their principal place of business in this state.
Section
18. 16.75 (3m) (c) 1. of the statutes is amended to read:
16.75 (3m) (c) 1. After completing any contract under this subchapter, the contractor shall report to the agency that awarded the contract any amount of the contract that was subcontracted to minority businesses and, any amount of the contract that was subcontracted to disabled veteran-owned businesses
, any amount of the contract that was subcontracted to lesbian, gay, bisexual, or transgender-owned businesses, and any amount of the contract that was subcontracted to disability-owned businesses.
Section
19. 16.75 (3m) (c) 2. e. of the statutes is created to read:
16.75 (3m) (c) 2. e. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to lesbian, gay, bisexual, or transgender-owned businesses.
Section
20. 16.75 (3m) (c) 2. f. of the statutes is created to read:
16.75 (3m) (c) 2. f. The number of contacts with lesbian, gay, bisexual, or transgender-owned businesses in connection with proposed purchases.
Section
21. 16.75 (3m) (c) 2. g. of the statutes is created to read:
16.75 (3m) (c) 2. g. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to disability-owned businesses.
Section
22. 16.75 (3m) (c) 2. h. of the statutes is created to read:
16.75 (3m) (c) 2. h. The number of contacts with disability-owned businesses in connection with proposed purchases.
Section
23. 16.75 (3m) (c) 3. of the statutes is amended to read:
16.75 (3m) (c) 3. The department shall maintain and annually publish data on state purchases from minority businesses and on state purchases from, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses, including amounts expended and the percentage of total expenditures awarded to minority businesses
and amounts expended and the percentage of total expenditures awarded to, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses.
Section
24. 16.75 (3m) (c) 4. of the statutes is amended to read:
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 the amount of indebtedness or other obligations underwritten by minority businesses, minority financial advisers,
minority and investment firms,
; disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms
; lesbian, gay, bisexual, or transgender-owned businesses, financial advisers, and investment firms; and disability-owned businesses, financial advisers, and investment firms under the requirements of this subsection and ss. 16.855 (10m), 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) (am) and (10n), 16.87 (2), 25.185, and 84.075 (1m). The report shall also include the percentage of the total amount of money paid to and the percentage of the total amount of indebtedness or other obligations underwritten by disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms
; lesbian, gay, bisexual, or transgender-owned businesses, financial advisers, and investment firms; and disability-owned businesses, financial advisers, and investment firms. In calculating the percentages to be reported under this subsection, the department shall exclude any purchase or contract for which a preference would violate any federal law or regulation or any contract between an agency and a federal agency or any contract that would result in a reduction in the amount of federal aids received by this state.
Section
25. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract complies with the goal established under par. (b) 1. or
, 2., 2g., or 2r. or s. 16.855 (10m) (am) 1. or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only amounts paid to businesses, financial advisers, and investment firms certified by the department of administration under s. 16.283 or
, 16.287 (2), 16.288 (3), or 16.289 (3), whichever is appropriate.
Section
26. 16.855 (10m) (ac) of the statutes is renumbered 16.855 (10m) (ac) (intro.) and amended to read:
16.855 (10m) (ac) (intro.) In this subsection
, “disabled:
2. “Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).
Section
27. 16.855 (10m) (ac) 1. of the statutes is created to read:
16.855 (10m) (ac) 1. “Disability-owned business” means a business certified by the department under s. 16.289 (3).
Section
28. 16.855 (10m) (ac) 3. of the statutes is created to read:
16.855 (10m) (ac) 3. “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department under s. 16.288 (3).
Section
29. 16.855 (10m) (am) 2g. of the statutes is created to read:
16.855 (10m) (am) 2g. In awarding construction contracts, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are disability-owned businesses.
Section
30. 16.855 (10m) (am) 2r. of the statutes is created to read:
16.855 (10m) (am) 2r. In awarding construction contracts, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are lesbian, gay, bisexual, or transgender-owned businesses.
Section
31. 16.855 (10m) (am) 3. of the statutes is amended to read:
16.855 (10m) (am) 3. The department may award any contract to a minority business or, disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of these, if the business is a qualified responsible bidder and the business submits a bid that is no more than 5 percent higher than the apparent low bid.
Section
32. 16.855 (10m) (b) of the statutes is amended to read:
16.855 (10m) (b) Upon completion of any contract, the contractor shall report to the department any amount of the contract that was subcontracted to minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses.
Section
33. 16.855 (10m) (c) of the statutes is amended to read:
16.855 (10m) (c) The department shall maintain and annually publish data on contracts awarded to minority businesses and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses under this subsection and ss. 16.87 and 84.075.
Section
34. 16.87 (1) (aL) of the statutes is created to read:
16.87 (1) (aL) “Disability-owned business” means a business certified by the department under s. 16.289 (3).
Section
35. 16.87 (1) (br) of the statutes is created to read:
16.87 (1) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business, financial adviser, or investment firm certified by the department under s. 16.288 (3).
Section
36. 16.87 (2) (d) of the statutes is created to read:
16.87 (2) (d) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses.
Section
37. 16.87 (2) (e) of the statutes is created to read:
16.87 (2) (e) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disability-owned businesses.
Section
38. 18.16 (title) of the statutes is amended to read:
18.16 (title) Minority financial advisers and investment firms; disabled veteran-owned; lesbian, gay, bisexual, or transgender-owned; and disability-owned financial advisers and investment firms.
Section
39. 18.16 (1) (a) of the statutes is renumbered 18.16 (1) (ah).
Section
40. 18.16 (1) (ae) of the statutes is created to read:
18.16 (1) (ae) “Disability-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.289 (3).
Section
41. 18.16 (1) (af) of the statutes is created to read:
18.16 (1) (af) “Disability-owned investment firm" means an investment firm certified by the department of administration under s. 16.289 (3).
Section
42. 18.16 (1) (br) of the statutes is created to read:
18.16 (1) (br) “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.288 (3).
Section
43. 18.16 (1) (bs) of the statutes is created to read:
18.16 (1) (bs) “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department of administration under s. 16.288 (3).
Section
44. 18.16 (2) (c) of the statutes is created to read:
18.16 (2) (c) Except as provided in sub. (7), in contracting public debt by competitive sale, the commission shall make efforts to ensure that at least 1 percent of the total public indebtedness contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
45. 18.16 (2) (d) of the statutes is created to read:
18.16 (2) (d) Except as provided in sub. (7), in contracting public debt by competitive sale, the commission shall make efforts to ensure that at least 1 percent of the total public indebtedness contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
46. 18.16 (3) (c) of the statutes is created to read:
18.16 (3) (c) Except as provided under sub. (7), in contracting public debt by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of total public indebtedness contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
47. 18.16 (3) (d) of the statutes is created to read:
18.16 (3) (d) Except as provided under sub. (7), in contracting public debt by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of total public indebtedness contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
48. 18.16 (4) (c) of the statutes is created to read:
18.16 (4) (c) Except as provided under sub. (7), in contracting public debt by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in each fiscal year for the services of financial advisers are expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers.
Section
49. 18.16 (4) (d) of the statutes is created to read:
18.16 (4) (d) Except as provided under sub. (7), in contracting public debt by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in each fiscal year for the services of financial advisers are expended for the services of disability-owned financial advisers.
Section
50. 18.16 (5) (c) of the statutes is created to read:
18.16 (5) (c) Except as provided under s. 18.06 (9) and sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of public debt, provides for at least 1 percent of sales to lesbian, gay, bisexual, or transgender-owned investment firms.
Section
51. 18.16 (5) (d) of the statutes is created to read:
18.16 (5) (d) Except as provided under s. 18.06 (9) and sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of public debt, provides for at least 1 percent of sales to disability-owned investment firms.
Section
52. 18.16 (6) of the statutes is amended to read:
18.16 (6) The commission shall annually report to the department of administration the total amount of public indebtedness contracted with the underwriting services of minority investment firms and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned investment firms and the total amount of moneys expended for the services of minority financial advisers and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers during the preceding fiscal year.
Section
53. 18.64 (title) of the statutes is amended to read:
18.64 (title) Minority financial advisers and investment firms; disabled veteran-owned; lesbian, gay, bisexual, or transgender-owned; and disability-owned financial advisers and investment firms.
Section
54. 18.64 (1) (a) of the statutes is renumbered 18.64 (1) (ah).
Section
55. 18.64 (1) (ae) of the statutes is created to read:
18.64 (1) (ae) “Disability-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.289 (3).
Section
56. 18.64 (1) (af) of the statutes is created to read:
18.64 (1) (af) “Disability-owned investment firm" means an investment firm certified by the department of administration under s. 16.289 (3).
Section
57. 18.64 (1) (br) of the statutes is created to read:
18.64 (1) (br) “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.288 (3).
Section
58. 18.64 (1) (bs) of the statutes is created to read:
18.64 (1) (bs) “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department of administration under s. 16.288 (3).
Section
59. 18.64 (2) (c) of the statutes is created to read:
18.64 (2) (c) Except as provided under sub. (7), in issuing evidences of revenue obligations by competitive sale, the commission shall make efforts to ensure that at least 1 percent of the total of revenue obligations contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
60. 18.64 (2) (d) of the statutes is created to read:
18.64 (2) (d) Except as provided under sub. (7), in issuing evidences of revenue obligations by competitive sale, the commission shall make efforts to ensure that at least 1 percent of the total of revenue obligations contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
61. 18.64 (3) (c) of the statutes is created to read:
18.64 (3) (c) Except as provided under sub. (7), in issuing evidences of revenue obligations by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total of revenue obligations contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
62. 18.64 (3) (d) of the statutes is created to read:
18.64 (3) (d) Except as provided under sub. (7), in issuing evidences of revenue obligations by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total of revenue obligations contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
63. 18.64 (4) (c) of the statutes is created to read:
18.64 (4) (c) Except as provided under sub. (7), in issuing evidences of revenue obligations by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in each fiscal year for the services of financial advisers are expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers.
Section
64. 18.64 (4) (d) of the statutes is created to read:
18.64 (4) (d) Except as provided under sub. (7), in issuing evidences of revenue obligations by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in each fiscal year for the services of financial advisers are expended for the services of disability-owned financial advisers.
Section
65. 18.64 (5) (c) of the statutes is created to read:
18.64 (5) (c) Except as provided under sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of a revenue obligation, provides for at least 1 percent of sales to lesbian, gay, bisexual, or transgender-owned investment firms.
Section
66. 18.64 (5) (d) of the statutes is created to read:
18.64 (5) (d) Except as provided under sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of a revenue obligation, provides for at least 1 percent of sales to disability-owned investment firms.
Section
67. 18.64 (6) of the statutes is amended to read:
18.64 (6) The commission shall annually report to the department of administration the total amount of revenue obligations contracted with the underwriting services of minority investment firms and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned investment firms and the total amount of moneys expended for the services of minority financial advisers and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers during the preceding fiscal year.
Section
68. 18.77 (title) of the statutes is amended to read:
18.77 (title) Minority financial advisers and investment firms; disabled veteran-owned; lesbian, gay, bisexual, or transgender-owned; and disability-owned financial advisers and investment firms.
Section
69. 18.77 (1) (a) of the statutes is renumbered 18.77 (1) (ah).
Section
70. 18.77 (1) (ae) of the statutes is created to read:
18.77 (1) (ae) “Disability-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.289 (3).
Section
71. 18.77 (1) (af) of the statutes is created to read:
18.77 (1) (af) “Disability-owned investment firm" means an investment firm certified by the department of administration under s. 16.289 (3).
Section
72. 18.77 (1) (br) of the statutes is created to read:
18.77 (1) (br) “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.288 (3).
Section
73. 18.77 (1) (bs) of the statutes is created to read:
18.77 (1) (bs) “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department of administration under s. 16.288 (3).
Section
74. 18.77 (2) (c) of the statutes is created to read:
18.77 (2) (c) Except as provided under sub. (7), in contracting operating notes by competitive sale, the commission shall make efforts to ensure that at least 1 percent of total operating note indebtedness contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
75. 18.77 (2) (d) of the statutes is created to read:
18.77 (2) (d) Except as provided under sub. (7), in contracting operating notes by competitive sale, the commission shall make efforts to ensure that at least 1 percent of total operating note indebtedness contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
76. 18.77 (3) (c) of the statutes is created to read:
18.77 (3) (c) Except as provided under sub. (7), in contracting operating notes by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of total operating note indebtedness contracted in each fiscal year is underwritten by lesbian, gay, bisexual, or transgender-owned investment firms.
Section
77. 18.77 (3) (d) of the statutes is created to read:
18.77 (3) (d) Except as provided under sub. (7), in contracting operating notes by negotiated sale, the commission shall make efforts to ensure that at least 1 percent of total operating note indebtedness contracted in each fiscal year is underwritten by disability-owned investment firms.
Section
78. 18.77 (4) (c) of the statutes is created to read:
18.77 (4) (c) Except as provided under sub. (7), in contracting operating notes by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in such fiscal year for the services of financial advisers are expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers.
Section
79. 18.77 (4) (d) of the statutes is created to read:
18.77 (4) (d) Except as provided under sub. (7), in contracting operating notes by competitive sale or negotiated sale, the commission shall make efforts to ensure that at least 1 percent of the total moneys expended in such fiscal year for the services of financial advisers are expended for the services of disability-owned financial advisers.
Section
80. 18.77 (5) (c) of the statutes is created to read:
18.77 (5) (c) Except as provided under sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of an operating note, provides for at least 1 percent of sales to lesbian, gay, bisexual, or transgender-owned investment firms.
Section
81. 18.77 (5) (d) of the statutes is created to read:
18.77 (5) (d) Except as provided under sub. (7), an individual underwriter or syndicate of underwriters shall make efforts to ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of an operating note, provides for at least 1 percent of sales to disability-owned investment firms.
Section
82. 18.77 (6) of the statutes is amended to read:
18.77 (6) The commission shall annually report to the department of administration the total amount of operating note indebtedness contracted with the underwriting services of minority, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned investment firms and the total amount of moneys expended for the services of minority financial advisers and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers during the preceding fiscal year.
Section
83. 20.505 (1) (gr) of the statutes is repealed.
****Note: This Section
involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
Section
84. 23.41 (6) (b) of the statutes is amended to read:
23.41 (6) (b) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses, as defined in s. 16.75 (3m) (a) 1. 1j.
Section
85. 23.41 (6) (c) of the statutes is created to read:
23.41 (6) (c) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses certified by the department of administration under s. 16.288 (3).
Section
86. 23.41 (6) (d) of the statutes is created to read:
23.41 (6) (d) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disability-owned businesses certified by the department of administration under s. 16.289 (3).
Section
87. 25.185 (title) of the statutes is amended to read:
25.185 (title) Minority financial advisers and investment firms; disabled veteran-owned; lesbian, gay, bisexual, or transgender-owned; and disability-owned financial advisers and investment firms.
Section
88. 25.185 (1) (a) of the statutes is renumbered 25.185 (1) (ah).
Section
89. 25.185 (1) (ae) of the statutes is created to read:
25.185 (1) (ae) “Disability-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.289 (3).
Section
90. 25.185 (1) (af) of the statutes is created to read:
25.185 (1) (af) “Disability-owned investment firm" means an investment firm certified by the department of administration under s. 16.289 (3).
Section
91. 25.185 (1) (br) of the statutes is created to read:
25.185 (1) (br) “Lesbian, gay, bisexual, or transgender-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.288 (3).
Section
92. 25.185 (1) (bs) of the statutes is created to read:
25.185 (1) (bs) “Lesbian, gay, bisexual, or transgender-owned investment firm" means an investment firm certified by the department of administration under s. 16.288 (3).
Section
93. 25.185 (2) (c) of the statutes is created to read:
25.185 (2) (c) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.
Section
94. 25.185 (2) (d) of the statutes is created to read:
25.185 (2) (d) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.
Section
95. 25.185 (3) of the statutes is amended to read:
25.185 (3) The board shall annually report to the department of administration the total amount of moneys expended under sub. (2) for common stock and convertible bond brokerage commissions, the services of minority
and, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers, and the services of minority and
, disabled veteran-owned, lesbian, gay, bisexual, or transgender-owned, and disability-owned investment firms during the preceding fiscal year.
Section
96. 84.075 (title) of the statutes is amended to read:
84.075 (title) Contracting with minority businesses and; disabled veteran-owned businesses; lesbian, gay, bisexual, or transgender-owned businesses; and disability-owned businesses.
Section
97. 84.075 (1c) (a) of the statutes is renumbered 84.075 (1c) (ah).
Section
98. 84.075 (1c) (ae) of the statutes is created to read:
84.075 (1c) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).
Section
99. 84.075 (1c) (br) of the statutes is created to read:
84.075 (1c) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).
Section
100. 84.075 (1m) (bg) of the statutes is created to read:
84.075 (1m) (bg) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are lesbian, gay, bisexual, or transgender-owned businesses. In attempting to meet this goal, the department may award any contract to a lesbian, gay, bisexual, or transgender-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.
Section
101. 84.075 (1m) (br) of the statutes is created to read:
84.075 (1m) (br) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are disability-owned businesses. In attempting to meet this goal, the department may award any contract to a disability-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.
Section
102. 84.075 (1m) (c) of the statutes is amended to read:
84.075 (1m) (c) If a contractor, subcontractor, or vendor is both a minority business and a disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, the department may award a contract under par. (a) or under par. (b), (bg), or (br), but the qualified responsible bid must be no more than 5 percent higher than the low bid, as provided under pars. (a) and, (b), (bg), and (br).
Section
103. 84.075 (2) of the statutes is amended to read:
84.075 (2) The contractor shall report to the department any amount of the contract paid to subcontractors and vendors which are minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, or disability-owned businesses.
Section
104. 84.075 (3) of the statutes is amended to read:
84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and, that are disabled veteran-owned businesses, that are lesbian, gay, bisexual, or transgender-owned business, and that are disability-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and
, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of safety and professional services [department of administration] as minority businesses or disabled veteran-owned businesses.
Section
105. 85.25 (2) (c) 2m. of the statutes is amended to read:
85.25 (2) (c) 2m. A disabled veteran-owned business, as defined in s. 84.075 (1c) (a) (ah).
Section
106. 85.25 (2) (c) 3. of the statutes is created to read:
85.25 (2) (c) 3. A lesbian, gay, bisexual, or transgender-owned business certified by the department of administration under s. 16.288 (3).
Section
107. 85.25 (2) (c) 4. of the statutes is created to read:
85.25 (2) (c) 4. A disability-owned business certified by the department of administration under s. 16.289 (3).
Section
108. 200.57 (title) of the statutes is amended to read:
200.57 (title) Minority financial advisers and investment firms and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers and investment firms.
Section
109. 200.57 (1) (a) of the statutes is renumbered 200.57 (1) (ah).
Section
110. 200.57 (1) (ae) of the statutes is created to read:
200.57 (1) (ae) “Disability-owned financial adviser" and “disability-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.289 (3).
Section
111. 200.57 (1) (c) of the statutes is created to read:
200.57 (1) (c) “Lesbian, gay, bisexual, or transgender-owned financial adviser" and “Lesbian, gay, bisexual, or transgender-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.288 (3).
Section
112. 200.57 (4) of the statutes is created to read:
200.57 (4) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.
Section
113. 200.57 (5) of the statutes is created to read:
200.57 (5) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.
Section
114. 229.46 (1) (ae) of the statutes is created to read:
229.46 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).
Section
115. 229.46 (1) (aj) of the statutes is created to read:
229.46 (1) (aj) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).
Section
116. 229.46 (2) (intro.) of the statutes is amended to read:
229.46 (2) (intro.) A person who is awarded a contract by a district shall agree, as a condition to receiving the contract, that at least 25 percent of the employees hired because of the contract will be minority group members, at least 5 percent of the employees hired because of the contract will be women, and at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, and at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, if any of the following applies:
Section
117. 229.46 (3) (intro.) of the statutes is amended to read:
229.46 (3) (intro.) At least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to a disability-owned business:
Section
118. 229.70 (title) of the statutes is amended to read:
229.70 (title) Minority contracting goals; disabled veteran-owned business contracting goals; lesbian, gay, bisexual, or transgender-owned business contracting goals; disability-owned business contracting goals.
Section
119. 229.70 (1) (ae) of the statutes is created to read:
229.70 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).
Section
120. 229.70 (1) (aj) of the statutes is created to read:
229.70 (1) (aj) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).
Section
121. 229.70 (2) of the statutes is amended to read:
229.70 (2) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business,
at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, and at least 5 percent of the employees hired because of the contract will be women if the contract is for the construction of any part of baseball park facilities.
Section
122. 229.70 (3) (intro.) of the statutes is amended to read:
229.70 (3) (intro.) It shall be a goal of the district to ensure that at least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses:
Section
123. 229.70 (4) of the statutes is amended to read:
229.70 (4) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25 percent of the dollar value of such contracts to minority businesses, at least 1 percent of the dollar value of such contracts to disabled veteran-owned businesses, at least 1 percent of the dollar value of such contracts to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the dollar value of such contracts to disability-owned businesses, and at least 5 percent of the dollar value of such contracts to women's businesses.
Section
124. 229.70 (4m) (a) of the statutes is amended to read:
229.70 (4m) (a) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under sub. (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, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the construction work or professional services.
Section
125. 229.70 (4m) (b) of the statutes is amended to read:
229.70 (4m) (b) If the district is unable to meet the goals under subs. (3) and (4), the district 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 sub. (3) (a), (b) and (c) are to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the contracts described under sub. (3) (a), (b) and (c).
Section
126. 229.70 (5) (b) 1. of the statutes is amended to read:
229.70 (5) (b) 1. The supply of eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses that have the financial capacity, technical capacity, and previous experience in the areas in which contracts were awarded.
Section
127. 229.70 (5) (b) 2. of the statutes is amended to read:
229.70 (5) (b) 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., in areas in which contracts were awarded.
Section
128. 229.70 (5) (b) 3. of the statutes is amended to read:
229.70 (5) (b) 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses submitted bids.
Section
129. 229.8273 (title) of the statutes is amended to read:
229.8273 (title) Minority, disabled veteran, lesbian, gay, bisexual, or transgender, disability, and women contracting.
Section
130. 229.8273 (1) (ak) of the statutes is created to read:
229.8273 (1) (ak) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).
Section
131. 229.8273 (1) (ar) of the statutes is created to read:
229.8273 (1) (ar) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).
Section
132. 229.8273 (2) of the statutes is amended to read:
229.8273 (2) A district shall ensure that, for construction or renovation work and professional services contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 229.824 (8), a person who is awarded such a contract by the district or by a contractor shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 15 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business,
at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, and at least 5 percent of the employees hired because of the contract will be women.
Section
133. 229.8273 (3) of the statutes is amended to read:
229.8273 (3) It shall be a goal of the district to ensure that at least 15 percent of the aggregate dollar value of contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 229.824 (8), shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to women's businesses.
Section
134. 229.8273 (4) (a) of the statutes is amended to read:
229.8273 (4) (a) The district shall ensure that, for construction or renovation work and professional services contracts described under sub. (2), a person who is awarded such a contract by the district or by a contractor shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under sub. (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 football stadium facilities are to be constructed or renovated, or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the construction work or professional services.
Section
135. 229.8273 (4) (b) of the statutes is amended to read:
229.8273 (4) (b) If the district is unable to meet the goals under sub. (3), the district 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 sub. (3) are to be performed to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans,
lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the contracts described under sub. (3).
Section
136. 229.8273 (5) (b) 1. of the statutes is amended to read:
229.8273 (5) (b) 1. The supply of eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.
Section
137. 229.8273 (5) (b) 2. of the statutes is amended to read:
229.8273 (5) (b) 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., in areas in which contracts were awarded.
Section
138. 229.8273 (5) (b) 3. of the statutes is amended to read:
229.8273 (5) (b) 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses submitted bids.
Section
139. 229.845 (title) of the statutes is amended to read:
229.845 (title) Minority business contracting goals; disabled veteran-owned business contracting goals; lesbian, gay, bisexual, or transgender-owned business contracting goals; disability-owned business contracting goals; women's business contracting goals.
Section
140. 229.845 (1) (ae) of the statutes is created to read:
229.845 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).
Section
141. 229.845 (1) (ak) of the statutes is created to read:
229.845 (1) (ak) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).
Section
142. 229.845 (2) of the statutes is amended to read:
229.845 (2) It shall be a goal of the district, in awarding construction work and professional services contracts related to cultural arts facilities, that at least 15 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to women's businesses, except that if the sponsoring city is a 1st class city, it shall be a goal of the district, in awarding construction work and professional services contracts related to cultural arts facilities, that at least 25 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to women's businesses.
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