AB725: Bill Text

For further information see the state and local 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:

AB725, s. 1 Section 1. 16.75 (1) (a) 1. of the statutes is amended to read:

AB725,6,10 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), (3p), (3t), (6), (7), (8), (9), (10e), and (10m), and (10r), 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.

AB725, s. 2 Section 2. 16.75 (3p) of the statutes is created to read:

AB725,6,13 16.75 (3p) (a) In this subsection, "build Milwaukee initiative zone" means a geographic area under s. 238.14 (2) (a), (b), (c), or (d).

AB725,6,17 (b) 1. The department and any agency making purchases under s. 16.74 shall attempt to ensure that at least 10 percent of the total amount expended under this subchapter in each fiscal year is paid to businesses located in any of the build Milwaukee initiative zones.

AB725,6,22 2. Except as provided in sub. (7), the department may purchase materials, supplies, equipment, and contractual services from any business located in a build Milwaukee initiative zone that submits 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.

AB725,7,2 (c) The department shall maintain and annually publish data, and 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 state purchases from businesses located in a build Milwaukee initiative zone and on the state's progress toward achieving compliance with par. (b) 1.

AB725,7,3 (d) This subsection does not apply before July 1, 2012, nor after June 30, 2016.

AB725, s. 3 Section 3. 16.75 (10r) of the statutes is created to read:

AB725,7,5 16.75 (10r) (a) In this subsection:

AB725,7,7 1. "Build Milwaukee initiative zone" means a geographic area under s. 238.14 (2) (a), (b), (c), or (d).

AB725,7,9 2. "Financial institution" means an insured depository institution, as defined in 12 USC 1813 (c) (2).

AB725,7,14 (b) Before entering into a contract with a financial institution for the deposit of state moneys with the financial institution, the department shall consider whether the financial institution meets any of the following criteria and may give preference in entering into such contracts to a financial institution that meets all of the following criteria:

AB725,7,18 1. The financial institution has, in the preceding year, made loans to persons located in a build Milwaukee initiative zone. The department shall consider the amount of the financial institution's lending activity in the build Milwaukee initiative zones in providing any preference under this paragraph.

AB725,7,24 2. The financial institution agrees to increase its lending activity to persons located in a build Milwaukee initiative zone and provides to the department a plan to do so. That plan shall include the financial institution's proposal for using the department's deposits to increase lending activity to persons located in a build Milwaukee initiative zone, particularly with respect to loans that encourage or support homeownership and business activity.

AB725,8,3 3. The financial institution has, in its most recent evaluation under the Community Reinvestment Act of 1977, received a rating as specified in 12 USC 2906 (b) of outstanding or satisfactory.

AB725,8,4 (c) This subsection does not apply before July 1, 2012, nor after June 30, 2016.

AB725, s. 4 Section 4. 16.855 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB725,8,17 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or (10mm) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB725, s. 5 Section 5. 16.855 (10mm) of the statutes is created to read:

AB725,8,20 16.855 (10mm) (a) In this subsection, "build Milwaukee initiative zone" means a geographic area under s. 238.14 (2) (a), (b), (c), or (d).

AB725,8,24 (b) 1. In awarding construction contracts the department shall attempt to ensure that 10 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors located in any of the build Milwaukee initiative zones.

AB725,9,3 2. The department may award a contract to a business that is located in a build Milwaukee initiative zone that submits a qualified responsible bid that is no more than 5 percent higher than the apparent low bid.

AB725,9,6 (c) Upon completion of a contract, the contractor shall report to the department any amount of the contract that was subcontracted to a business that is located in a build Milwaukee initiative zone.

AB725,9,9 (d) The department shall maintain and annually publish data on contracts awarded under this subsection to businesses located in a build Milwaukee initiative zone.

AB725,9,10 (e) This subsection does not apply before July 1, 2012, nor after June 30, 2016.

AB725, s. 6 Section 6. 34.05 (4) of the statutes is created to read:

AB725,9,14 34.05 (4) Nothing in this chapter shall be construed to prohibit contracts for deposit entered into under s. 16.75 (10r) or any similar contract entered into by the governing body of a county or municipality.

AB725, s. 7 Section 7. 59.83 of the statutes is created to read:

AB725,9,16 59.83 Build Milwaukee initiative. (1) Definitions. In this section:

AB725,9,18 (a) "Build Milwaukee initiative council" means a council established under s. 62.79 (2).

AB725,9,20 (b) "Build Milwaukee initiative zone" means a geographic area under s. 238.14 (2) (a), (b), (c), or (d).

AB725,9,23 (c) "Economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs.

AB725,9,25 (d) "Financial institution" means an insured depository institution, as defined in 12 USC 1813 (c) (2).

AB725,10,2 (e) "Housing program" means a program or activity having the primary purpose of encouraging or supporting homeownership in this state.

AB725,10,5 (2) Coordination concerning housing and economic development programs. The board in a county with a population of 750,000 or more shall do all of the following:

AB725,10,11 (a) In coordination with the Wisconsin Economic Development Corporation and the build Milwaukee initiative councils, attempt to ensure that at least 20 percent of the total value of all loans, grants, and other financial assistance paid, awarded, or otherwise provided by the county under economic development programs and housing programs is directed to economic development and homeownership in the build Milwaukee initiative zones.

AB725,10,15 (b) Coordinate under s. 238.14 (3) with the Wisconsin Economic Development Corporation, the Wisconsin Housing and Economic Development Authority, and the Wisconsin Health and Educational Facilities Authority to accomplish the purposes of that section.

AB725,10,21 (3) County purchasing and financing. (a) The board of a county with a population of 750,000 or more and any purchasing agent appointed by that board under s. 59.52 (9) shall attempt to ensure that at least 20 percent of the total amount expended by the county in each fiscal year for any materials, supplies, equipment, or services for the various county offices is paid to businesses located in a build Milwaukee initiative zone.

AB725,11,2 (b) Before entering into a contract with a financial institution for the deposit of county moneys with the financial institution, the board of a county with a population of 750,000 or more shall consider whether the financial institution meets any of the following criteria and may give preference in entering into such contracts to a financial institution that meets all of the following criteria:

AB725,11,6 1. The financial institution has, in the preceding year, made loans to persons located in a build Milwaukee initiative zone. The board shall consider the amount of the financial institution's lending activity in the build Milwaukee initiative zones in providing any preference under this paragraph.

AB725,11,12 2. The financial institution agrees to increase its lending activity to persons located in a build Milwaukee initiative zone and provides to the board a plan to do so. That plan shall include the financial institution's proposal for using the county's deposits to increase lending activity to persons located in a build Milwaukee initiative zone, particularly with respect to loans that encourage or support homeownership and business activity.

AB725,11,15 3. The financial institution has, in its most recent evaluation under the Community Reinvestment Act of 1977, received a rating as specified in 12 USC 2906 (b) of outstanding or satisfactory.

AB725,11,20 (4) Reporting requirements. Annually, no later than March 1, the board of a county with a population of 750,000 or more shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and make available to the public, a report that details all of the following:

AB725,11,24 (a) For each build Milwaukee initiative zone, a list and description, including amounts, of all loans, grants, and other financial assistance that the county directed to economic development and homeownership in that build Milwaukee initiative zone during the preceding year.

AB725,12,3 (b) An accounting of the total value of all loans, grants, and other financial assistance that the county directed to economic development and homeownership in the build Milwaukee initiative zones during the preceding year.

AB725,12,6 (c) An accounting of the total value of all loans, grants, and other financial assistance that the county paid, awarded, or otherwise provided under economic development programs and housing programs during the preceding year.

AB725,12,8 (d) An accounting of the county's purchases from businesses located in a build Milwaukee initiative zone under sub. (3) (a).

AB725,12,10 (5) Sunset. Subsections (2) and (3) do not apply before July 1, 2012, nor after June 30, 2016.

AB725, s. 8 Section 8. 62.79 of the statutes is created to read:

AB725,12,12 62.79 Build Milwaukee initiative. (1) Definition. In this section:

AB725,12,14 (a) Build Milwaukee initiative council means a council established under sub. (2).

AB725,12,16 (b) "Build Milwaukee initiative zone" means a geographic area under s. 238.14 (2) (a), (b), (c), or (d).

AB725,12,19 (c) "Economic development program" means a program or activity having the primary purpose of encouraging the establishment and growth of business in this state, including the creation and retention of jobs.

AB725,12,21 (d) "Financial institution" means an insured depository institution, as defined in 12 USC 1813 (c) (2).

AB725,12,23 (e) "Housing program" means a program or activity having the primary purpose of supporting or encouraging homeownership in this state.

AB725,13,4 (2) Build Milwaukee initiative councils. (a) The common council of a 1st class city shall establish a build Milwaukee initiative council for each build Milwaukee initiative zone. The common council shall determine the number, which shall be divisible by 3, of the members for each build Milwaukee initiative council and shall establish all other rules and procedures governing the conduct of the councils. The councils shall be strictly nonpartisan.

AB725,13,6 (b) The rules and procedures established under par. (a) shall include all of the following:

AB725,13,9 1. The members of a council shall be persons who reside in or who are affiliated with a business entity, including a nonprofit corporation, that is headquartered in that council's build Milwaukee initiative zone.

AB725,13,11 2. The majority of a council's members shall be persons who reside in that council's build Milwaukee initiative zone.

AB725,13,14 3. Each council shall include at least one member of the clergy, as defined in s. 48.981 (1) (cx), and at least 2 minority group members, as defined in s. 250.20 (1) (g).

AB725,13,16 4. A vacancy on a council shall be filled in the same manner as the original appointment to the council for the remainder of the unexpired term, if any.

AB725,13,17 5. All council appointees shall take and file the official oath.

AB725,13,20 (c) The members of the build Milwaukee initiative councils shall be nominated by the mayor of a 1st class city, and with the advice and consent of the common council of the city appointed, to serve 3-year terms.

AB725,14,2 (3) Coordination concerning housing and economic development programs. The common council of a 1st class city shall, in coordination with the Wisconsin Economic Development Corporation and the build Milwaukee initiative councils, attempt to ensure that at least 40 percent of the total value of all loans, grants, and other financial assistance paid, awarded, or otherwise provided by the city under economic development programs and housing programs is directed to economic development and homeownership in the build Milwaukee initiative zones.

AB725,14,6 (4) City purchasing and financing. (a) The common council of a 1st class city shall attempt to ensure that at least 40 percent of the total amount expended by the city in each fiscal year for any materials, supplies, equipment, or services for the various city offices is paid to businesses located in a build Milwaukee initiative zone.

AB725,14,11 (b) Before entering into a contract with a financial institution for the deposit of city moneys with the financial institution, the common council of a 1st class city shall consider whether the financial institution meets any of the following criteria and may give preference in entering into such contracts to a financial institution that meets all of the following criteria:

AB725,14,15 1. The financial institution has, in the preceding year, made loans to persons located in a build Milwaukee initiative zone. The common council shall consider the amount of the financial institution's lending activity in the build Milwaukee initiative zones in providing any preference under this paragraph.

AB725,14,21 2. The financial institution agrees to increase its lending activity to persons located in a build Milwaukee initiative zone and provides to the common council a plan to do so. That plan shall include the financial institution's proposal for using the city's deposits to increase lending activity to persons located in a build Milwaukee initiative zone, particularly with respect to loans that encourage or support homeownership and business activity.

AB725,14,24 3. The financial institution has, in its most recent evaluation under the Community Reinvestment Act of 1977, received a rating as specified in 12 USC 2906 (b) of outstanding or satisfactory.

AB725,15,2 (5) Goals and implementation. Each build Milwaukee initiative council shall do all of the following with respect to that council's build Milwaukee initiative zone:

AB725,15,4 (a) Establish clear and measurable goals for the implementation of economic development and housing programs in the build Milwaukee initiative zone.

AB725,15,8 (b) Coordinate under s. 238.14 (3) with the Wisconsin Economic Development Corporation, the Wisconsin Housing and Economic Development Authority, and the Wisconsin Health and Educational Facilities Authority to accomplish the purposes of that section.

AB725,15,11 (c) Coordinate with a 1st class city under sub. (3), and a county with a population of 750,000 or more under s. 59.83 (2) (a) to achieve the purposes of those sections.

AB725,15,14 (d) Coordinate with public and private economic development entities located in any build Milwaukee initiative zone concerning economic development and housing programs in the council's build Milwaukee initiative zone.

AB725,15,17 (e) To the extent possible, ensure that any job created in the build Milwaukee initiative zone is filled by a person who is qualified to perform that job and is a resident of that zone.

AB725,15,20 (f) To the extent possible, ensure that any job created in the build Milwaukee initiative zone is filled by a person who is qualified to perform that job and is a veteran, as defined in 38 USC 101.

AB725,15,24 (g) To the extent possible, ensure that any job created in the build Milwaukee initiative zone is filled by a person who is qualified to perform that job and has completed a job training program at a job training or workforce development center located in a 1st class city.

AB725,16,3 (h) To the extent possible, coordinate the council's job placement efforts with labor unions, community development corporations, and job training or workforce development centers that are located in a 1st class city.

AB725,16,7 (i) Encourage entrepreneurial activities and business growth in the build Milwaukee initiative zone, including by coordinating with one or more business incubators in that build Milwaukee initiative zone and with the Women's Business Initiative Corporation and other community development corporations.

AB725,16,9 (j) Encourage and support homeownership under housing programs directed to the build Milwaukee initiative zone.

AB725,16,12 (k) Attempt to ensure that any capital improvement project or other development or redevelopment in the build Milwaukee initiative zone is carried out in an environmentally sound manner.

AB725,16,14 (L) Encourage the development of a wealth building center in the build Milwaukee initiative zone that does all of the following:

AB725,16,15 1. Provides comprehensive housing counseling to residents of that zone.