LRB-3443/1
CMH/MES/ARG/RAC:wlj:rs
2013 - 2014 LEGISLATURE
October 29, 2013 - Introduced by Senators Farrow, Carpenter, Lassa and
Shilling, cosponsored by Representatives Weatherston, Barnes, Bernier,
Bewley, Brooks, Endsley, Hebl, Johnson, Kolste, T. Larson, Marklein,
Milroy, Petryk, Ringhand, Wright and Ohnstad. Referred to Committee on
Government Operations, Public Works, and Telecommunications.
SB370,1,8 1An Act to renumber 23.41 (6) and 25.185 (2); to amend 16.75 (3m) (b) 2., 16.75
2(3m) (c) 5. a., 16.855 (10m) (am) 2., 16.87 (2) (c), 18.16 (2) (b), 18.16 (3) (b), 18.16
3(4) (b), 18.16 (5) (b), 18.64 (2) (b), 18.64 (3) (b), 18.64 (4) (b), 18.64 (5) (b), 18.77
4(2) (b), 18.77 (3) (b), 18.77 (4) (b), 18.77 (5) (b), 84.075 (1m) (b), 200.57 (3), 229.46
5(2) (intro.), 229.46 (3) (intro.), 229.70 (2), 229.70 (3) (intro.), 229.70 (4), 229.8273
6(2), 229.8273 (3) and 229.845 (2); and to create 23.41 (6) (b) and 25.185 (2) (b)
7of the statutes; relating to: state procurement and construction contracts with
8disabled veteran-owned businesses.
Analysis by the Legislative Reference Bureau
Currently, minority-owned businesses and disabled veteran-owned
businesses that are certified by the Department of Administration (DOA) receive
certain preferences in governmental procurement. Under current law, state
agencies must attempt to ensure that they pay minority-owned businesses 5 percent
of the total amount expended for state procurements or certain state construction
projects in each fiscal year and must make efforts to ensure that they pay disabled
veteran-owned businesses a portion of the total amount expended for state
procurements or certain state construction projects in each fiscal year. Under this
bill, state agencies must attempt to ensure that they pay disabled veteran-owned

businesses at least 1 percent of the total amount expended for state procurements
or certain state construction projects in each fiscal year. This requirement also
applies to highway construction, maintenance, and engineering procurements by the
Department of Transportation and to the Investment Board's procurements of
investment analysis and brokerage services.
Under current law, certain metropolitan sewerage commissions (commissions)
must attempt to ensure that 5 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 minority-owned
financial advisers or minority-owned investment firms. Current law contracting
provisions that apply to special purpose districts (local exposition districts,
professional baseball park districts, professional football stadium districts, and
cultural arts districts) also contain provisions that relate to the hiring of and
contracting with minorities and women.
Generally, persons awarded contracts for local exposition districts must agree
that at least 25 percent of the employees hired because of the contracts will be
minority group members; at least 5 percent of the employees hired will be women;
at least 25 percent of the aggregate dollar value of certain contracts will be awarded
to minority businesses; and at least 5 percent of the aggregate dollar value of certain
contracts will be awarded to women's businesses. In the case of the other special
purpose districts, the minority and women contracting provisions are goals, which
generally include the same participation percentages, except that the participation
percentages for minority group members is 15 percent for football stadium districts
and cultural arts districts. Similar preferences exist under current law in awarding
these local government contracts or orders to disabled veteran-owned businesses
certified by DOA, except that current law does not create any goals for the number
of persons hired or total amounts or percentages of contracts or orders to be awarded
to these businesses.
With regard to contracts let by commissions and special purpose districts, this
bill sets a goal to ensure that at least 1 percent of the persons hired under the
contracts, the dollar value of contracts let, and the amount of funds spent for certain
financial transactions shall go to disabled veteran-owned businesses in each fiscal
year.
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:
SB370,1 1Section 1. 16.75 (3m) (b) 2. of the statutes is amended to read:
SB370,3,22 16.75 (3m) (b) 2. The department and any agency making purchases under s.
316.74 shall make efforts attempt to ensure that a portion at least 1 percent of the

1total amount expended under this subchapter in each fiscal year is paid to disabled
2veteran-owned businesses.
SB370,2 3Section 2. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
SB370,3,94 16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract
5complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1.
6or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only
7amounts paid to minority businesses, minority financial advisers, and minority
8investment firms certified by the department of administration under s. 16.283 or
916.287 (2), whichever is appropriate.
SB370,3 10Section 3. 16.855 (10m) (am) 2. of the statutes is amended to read:
SB370,3,1411 16.855 (10m) (am) 2. In awarding construction contracts, the department shall
12make efforts attempt to ensure that a portion at least 1 percent of the total amount
13expended in each fiscal year is awarded to contractors and subcontractors that are
14disabled veteran-owned businesses.
SB370,4 15Section 4. 16.87 (2) (c) of the statutes is amended to read:
SB370,3,1816 16.87 (2) (c) The department shall make efforts attempt to ensure that a
17portion
at least 1 percent of the total amount expended under this section in each
18fiscal year is paid to disabled veteran-owned businesses.
SB370,5 19Section 5. 18.16 (2) (b) of the statutes is amended to read:
SB370,3,2320 18.16 (2) (b) Except as provided in sub. (7), in contracting public debt by
21competitive sale, the commission shall make efforts to ensure that a portion at least
221 percent
of the total public indebtedness contracted in each fiscal year is
23underwritten by disabled veteran-owned investment firms.
SB370,6 24Section 6. 18.16 (3) (b) of the statutes is amended to read:
SB370,4,4
118.16 (3) (b) Except as provided under sub. (7), in contracting public debt by
2negotiated sale, the commission shall make efforts to ensure that a portion at least
31 percent
of total public indebtedness contracted in each fiscal year is underwritten
4by disabled veteran-owned investment firms.
SB370,7 5Section 7. 18.16 (4) (b) of the statutes is amended to read:
SB370,4,106 18.16 (4) (b) Except as provided under sub. (7), in contracting public debt by
7competitive sale or negotiated sale, the commission shall make efforts to ensure that
8 a portion at least 1 percent of the total moneys expended in each fiscal year for the
9services of financial advisers are expended for the services of disabled
10veteran-owned financial advisers.
SB370,8 11Section 8. 18.16 (5) (b) of the statutes is amended to read:
SB370,4,1612 18.16 (5) (b) Except as provided under s. 18.06 (9) and sub. (7), an individual
13underwriter or syndicate of underwriters shall make efforts to ensure that each bid
14or proposal, submitted by that individual or syndicate in a competitive or negotiated
15sale of public debt, provides for a portion at least 1 percent of sales to disabled
16veteran-owned investment firms.
SB370,9 17Section 9. 18.64 (2) (b) of the statutes is amended to read:
SB370,4,2118 18.64 (2) (b) Except as provided under sub. (7), in issuing evidences of revenue
19obligations by competitive sale, the commission shall make efforts to ensure that a
20portion
at least 1 percent of the total of revenue obligations contracted in each fiscal
21year is underwritten by disabled veteran-owned investment firms.
SB370,10 22Section 10. 18.64 (3) (b) of the statutes is amended to read:
SB370,5,223 18.64 (3) (b) Except as provided under sub. (7), in issuing evidences of revenue
24obligations by negotiated sale, the commission shall make efforts to ensure that a

1portion
at least 1 percent of the total of revenue obligations contracted in each fiscal
2year is underwritten by disabled veteran-owned investment firms.
SB370,11 3Section 11. 18.64 (4) (b) of the statutes is amended to read:
SB370,5,84 18.64 (4) (b) Except as provided under sub. (7), in issuing evidences of revenue
5obligations by competitive sale or negotiated sale, the commission shall make efforts
6to ensure that a portion at least 1 percent of the total moneys expended in each fiscal
7year for the services of financial advisers are expended for the services of disabled
8veteran-owned financial advisers.
SB370,12 9Section 12. 18.64 (5) (b) of the statutes is amended to read:
SB370,5,1410 18.64 (5) (b) Except as provided under sub. (7), an individual underwriter or
11syndicate of underwriters shall make efforts to ensure that each bid or proposal,
12submitted by that individual or syndicate in a competitive or negotiated sale of a
13revenue obligation, provides for a portion at least 1 percent of sales to disabled
14veteran-owned investment firms.
SB370,13 15Section 13. 18.77 (2) (b) of the statutes is amended to read:
SB370,5,1916 18.77 (2) (b) Except as provided under sub. (7), in contracting operating notes
17by competitive sale, the commission shall make efforts to ensure that a portion at
18least 1 percent
of total operating note indebtedness contracted in each fiscal year is
19underwritten by disabled veteran-owned investment firms.
SB370,14 20Section 14. 18.77 (3) (b) of the statutes is amended to read:
SB370,5,2421 18.77 (3) (b) Except as provided under sub. (7), in contracting operating notes
22by negotiated sale, the commission shall make efforts to ensure that a portion at
23least 1 percent
of total operating note indebtedness contracted in each fiscal year is
24underwritten by disabled veteran-owned investment firms.
SB370,15 25Section 15. 18.77 (4) (b) of the statutes is amended to read:
SB370,6,5
118.77 (4) (b) Except as provided under sub. (7), in contracting operating notes
2by competitive sale or negotiated sale, the commission shall make efforts to ensure
3that a portion at least 1 percent of the total moneys expended in such fiscal year for
4the services of financial advisers are expended for the services of disabled
5veteran-owned financial advisers.
SB370,16 6Section 16. 18.77 (5) (b) of the statutes is amended to read:
SB370,6,117 18.77 (5) (b) Except as provided under sub. (7), an individual underwriter or
8syndicate of underwriters shall make efforts to ensure that each bid or proposal,
9submitted by that individual or syndicate in a competitive or negotiated sale of an
10operating note, provides for a portion at least 1 percent of sales to disabled
11veteran-owned investment firms.
SB370,17 12Section 17. 23.41 (6) of the statutes is renumbered 23.41 (6) (a).
SB370,18 13Section 18. 23.41 (6) (b) of the statutes is created to read:
SB370,6,1614 23.41 (6) (b) The department shall attempt to ensure that at least 1 percent of
15the total amount expended under this section in each fiscal year is paid to disabled
16veteran-owned businesses, as defined in s. 16.75 (3m) (a) 1.
SB370,19 17Section 19. 25.185 (2) of the statutes is renumbered 25.185 (2) (a).
SB370,20 18Section 20. 25.185 (2) (b) of the statutes is created to read:
SB370,6,2319 25.185 (2) (b) The board shall attempt to ensure that at least 1 percent of the
20total funds expended for financial and investment analysis and for common stock
21and convertible bond brokerage commissions in each fiscal year is expended for the
22services of disabled veteran-owned financial advisers or disabled veteran-owned
23investment firms.
SB370,21 24Section 21. 84.075 (1m) (b) of the statutes is amended to read:
SB370,7,11
184.075 (1m) (b) In purchasing services under s. 84.01 (13), in awarding
2construction contracts under s. 84.06, and in contracting with private contractors
3and agencies under s. 84.07, the department shall attempt to ensure that at least 1
4percent of the total amount expended in each fiscal year is paid to contractors,
5subcontractors, and vendors that are disabled veteran-owned businesses. In
6attempting to meet this goal,
the department may award any contract to a disabled
7veteran-owned business that submits a qualified responsible bid that is no more
8than 5 percent higher than the low bid unless doing so would violate the provisions
9of any federal law or regulation or any contract between the department and a
10federal agency or would otherwise result in a reduction of the amount of federal
11highway aid received by this state.
SB370,22 12Section 22. 200.57 (3) of the statutes is amended to read:
SB370,7,1713 200.57 (3) The commission shall make efforts to ensure that a portion at least
141 percent
of the total funds expended for financial and investment analysis and for
15common stock and convertible bond brokerage commissions in each fiscal year is
16expended for the services of disabled veteran-owned financial advisers or disabled
17veteran-owned investment firms.
SB370,23 18Section 23. 229.46 (2) (intro.) of the statutes is amended to read:
SB370,7,2519 229.46 (2) (intro.) A person who is awarded a contract by a district shall agree,
20as a condition to receiving the contract, that at least 25% 25 percent of the employees
21hired because of the contract will be minority group members and, at least 5% 5
22percent
of the employees hired because of the contract will be women, and shall make
23efforts to ensure that a portion
at least 1 percent of the employees hired because of
24the contract will be employees of a disabled veteran-owned business, if any of the
25following applies:
SB370,24
1Section 24. 229.46 (3) (intro.) of the statutes is amended to read:
SB370,8,82 229.46 (3) (intro.) At least 25% 25 percent of the aggregate dollar value of
3contracts awarded by the district in the following areas shall be awarded to minority
4businesses and, at least 5% 5 percent of the aggregate dollar value of contracts
5awarded by the district in the following areas shall be awarded to women's
6businesses, and the district shall make efforts to ensure that a portion at least 1
7percent
of the aggregate dollar value of contracts awarded by the district in the
8following areas shall be awarded to disabled veteran-owned businesses:
SB370,25 9Section 25. 229.70 (2) of the statutes is amended to read:
SB370,8,1710 229.70 (2) The district shall ensure that, for construction work and
11professional services contracts, a person who is awarded such a contract by a district
12shall agree, as a condition to receiving the contract, that his or her goal shall be to
13ensure that at least 25% 25 percent of the employees hired because of the contract
14will be minority group members, a portion at least 1 percent of the employees hired
15because of the contract will be employees of a disabled veteran-owned business, and
16at least 5% 5 percent of the employees hired because of the contract will be women
17if the contract is for the construction of any part of baseball park facilities.
SB370,26 18Section 26. 229.70 (3) (intro.) of the statutes is amended to read:
SB370,8,2519 229.70 (3) (intro.) It shall be a goal of the district to ensure that at least 25%
2025 percent of the aggregate dollar value of contracts awarded by the district in the
21following areas shall be awarded to minority businesses, a portion at least 1 percent
22of the aggregate dollar value of contracts awarded by the district in the following
23areas shall be awarded to disabled veteran-owned businesses, and at least 5% 5
24percent
of the aggregate dollar value of contracts awarded by the district in the
25following areas shall be awarded to women's businesses:
SB370,27
1Section 27. 229.70 (4) of the statutes is amended to read:
SB370,9,62 229.70 (4) It shall be a goal of a district, with regard to each of the contracts
3described under sub. (3) (a), (b) and (c), to award at least 25% 25 percent of the dollar
4value of such contracts to minority businesses, a portion at least 1 percent of the
5dollar value of such contracts to disabled veteran-owned businesses, and at least 5%
65 percent of the dollar value of such contracts to women's businesses.
SB370,28 7Section 28. 229.8273 (2) of the statutes is amended to read:
SB370,9,168 229.8273 (2) A district shall ensure that, for construction or renovation work
9and professional services contracts that relate to the construction or renovation of
10football stadium facilities that are financed by the proceeds of bonds issued under s.
11229.824 (8), a person who is awarded such a contract by the district or by a contractor
12shall agree, as a condition to receiving the contract, that his or her goal shall be to
13ensure that at least 15% 15 percent of the employees hired because of the contract
14will be minority group members, a portion at least 1 percent of the employees hired
15because of the contract will be employees of a disabled veteran-owned business, and
16at least 5% 5 percent of the employees hired because of the contract will be women.
SB370,29 17Section 29. 229.8273 (3) of the statutes is amended to read:
SB370,9,2518 229.8273 (3) It shall be a goal of the district to ensure that at least 15% 15
19percent
of the aggregate dollar value of contracts that relate to the construction or
20renovation of football stadium facilities that are financed by the proceeds of bonds
21issued under s. 229.824 (8), shall be awarded to minority businesses, a portion at
22least 1 percent
of the aggregate dollar value of contracts awarded by the board shall
23be awarded to disabled veteran-owned businesses, and at least 5% 5 percent of the
24aggregate dollar value of contracts awarded by the board shall be awarded to
25women's businesses.
SB370,30
1Section 30. 229.845 (2) of the statutes is amended to read:
SB370,10,162 229.845 (2) It shall be a goal of the district, in awarding construction work and
3professional services contracts related to cultural arts facilities, that at least 15% 15
4percent
of the aggregate dollar value of such contracts awarded by the district shall
5be awarded to minority businesses, a portion at least 1 percent of the aggregate
6dollar value of such contracts awarded by the district shall be awarded to disabled
7veteran-owned businesses, and at least 5% 5 percent of the aggregate dollar value
8of such contracts awarded by the district shall be awarded to women's businesses,
9except that if the sponsoring city is a 1st class city, it shall be a goal of the district,
10in awarding construction work and professional services contracts related to cultural
11arts facilities, that at least 25% 25 percent of the aggregate dollar value of such
12contracts awarded by the district shall be awarded to minority businesses, a portion
13at least 1 percent of the aggregate dollar value of such contracts awarded by the
14district shall be awarded to disabled veteran-owned businesses, and at least 5% 5
15percent
of the aggregate dollar value of such contracts awarded by the district shall
16be awarded to women's businesses.
SB370,31 17Section 31. Initial applicability.
SB370,10,1918 (1) This act first applies with respect to contracts entered into and orders placed
19on the effective date of this subsection.
SB370,10,2020 (End)
Loading...
Loading...