2013 WISCONSIN ACT
192
An Act
to renumber
23.41 (6) and 25.185 (2);
to amend
16.75 (3m) (b) 2., 16.75 (3m) (c) 5. a., 16.855 (10m) (am) 2., 16.87 (2) (c), 18.16 (2) (b), 18.16 (3) (b), 18.16 (4) (b), 18.16 (5) (b), 18.64 (2) (b), 18.64 (3) (b), 18.64 (4) (b), 18.64 (5) (b), 18.77 (2) (b), 18.77 (3) (b), 18.77 (4) (b), 18.77 (5) (b), 84.075 (1m) (b), 200.57 (3), 229.46 (2) (intro.), 229.46 (3) (intro.), 229.70 (2), 229.70 (3) (intro.), 229.70 (4), 229.8273 (2), 229.8273 (3) and 229.845 (2); and
to create
23.41 (6) (b) and 25.185 (2) (b) of the statutes;
relating to:
state procurement and construction contracts with disabled veteran-owned businesses.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
16.75 (3m) (b) 2. of the statutes is amended to read:
16.75
(3m)
(b) 2. The department and any agency making purchases under s. 16.74 shall
make efforts
attempt
to ensure that
a portion
at least 1 percent
of the total amount expended under this subchapter in each fiscal year is paid to disabled veteran-owned businesses.
Section
2
.
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.
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
minority
businesses,
minority
financial advisers
,
and
minority
investment firms certified by the department of administration under s.
16.283 or
16.287 (2)
, whichever is appropriate
.
Section
3
.
16.855 (10m) (am) 2. of the statutes is amended to read:
16.855
(10m)
(am) 2. In awarding construction contracts, the department shall
make efforts
attempt
to ensure that
a portion
at least 1 percent
of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are disabled veteran-owned businesses.
Section
4
.
16.87 (2) (c) of the statutes is amended to read:
16.87
(2)
(c) The department shall
make efforts
attempt
to ensure that
a portion
at least 1 percent
of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses.
Section
5
.
18.16 (2) (b) of the statutes is amended to read:
18.16
(2)
(b) Except as provided in sub. (7), in contracting public debt by competitive sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of the total public indebtedness contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
6
.
18.16 (3) (b) of the statutes is amended to read:
18.16
(3)
(b) Except as provided under sub. (7), in contracting public debt by negotiated sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of total public indebtedness contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
7
.
18.16 (4) (b) of the statutes is amended to read:
18.16
(4)
(b) Except as provided under sub. (7), in contracting public debt by competitive sale or negotiated sale, the commission shall make efforts to ensure that
a portion
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 disabled veteran-owned financial advisers.
Section
8
.
18.16 (5) (b) of the statutes is amended to read:
18.16
(5)
(b) 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
a portion
at least 1 percent
of sales to disabled veteran-owned investment firms.
Section
9
.
18.64 (2) (b) of the statutes is amended to read:
18.64
(2)
(b) Except as provided under sub. (7), in issuing evidences of revenue obligations by competitive sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of the total of revenue obligations contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
10
.
18.64 (3) (b) of the statutes is amended to read:
18.64
(3)
(b) Except as provided under sub. (7), in issuing evidences of revenue obligations by negotiated sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of the total of revenue obligations contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
11
.
18.64 (4) (b) of the statutes is amended to read:
18.64
(4)
(b) 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
a portion
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 disabled veteran-owned financial advisers.
Section
12
.
18.64 (5) (b) of the statutes is amended to read:
18.64
(5)
(b) 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
a portion
at least 1 percent
of sales to disabled veteran-owned investment firms.
Section
13
.
18.77 (2) (b) of the statutes is amended to read:
18.77
(2)
(b) Except as provided under sub. (7), in contracting operating notes by competitive sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of total operating note indebtedness contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
14
.
18.77 (3) (b) of the statutes is amended to read:
18.77
(3)
(b) Except as provided under sub. (7), in contracting operating notes by negotiated sale, the commission shall make efforts to ensure that
a portion
at least 1 percent
of total operating note indebtedness contracted in each fiscal year is underwritten by disabled veteran-owned investment firms.
Section
15
.
18.77 (4) (b) of the statutes is amended to read:
18.77
(4)
(b) Except as provided under sub. (7), in contracting operating notes by competitive sale or negotiated sale, the commission shall make efforts to ensure that
a portion
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 disabled veteran-owned financial advisers.
Section
16
.
18.77 (5) (b) of the statutes is amended to read:
18.77
(5)
(b) 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
a portion
at least 1 percent
of sales to disabled veteran-owned investment firms.
Section
17
.
23.41 (6) of the statutes is renumbered 23.41 (6) (a).
Section
18
.
23.41 (6) (b) of the statutes is created 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.
Section
19
.
25.185 (2) of the statutes is renumbered 25.185 (2) (a).
Section
20
.
25.185 (2) (b) of the statutes is created to read:
25.185
(2)
(b) 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 disabled veteran-owned financial advisers or disabled veteran-owned investment firms.
Section
21
.
84.075 (1m) (b) of the statutes is amended to read:
84.075
(1m)
(b) 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 disabled veteran-owned businesses. In attempting to meet this goal,
the department may award any contract to a disabled veteran-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
22
.
200.57 (3) of the statutes is amended to read:
200.57
(3)
The commission shall make efforts to ensure that
a portion
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 disabled veteran-owned financial advisers or disabled veteran-owned investment firms.
Section
23
.
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%
25 percent
of the employees hired because of the contract will be minority group members
and
,
at least
5%
5 percent
of the employees hired because of the contract will be women, and
shall make efforts to ensure that a portion
at least 1 percent
of the employees hired because of the contract will be employees of a disabled veteran-owned business, if any of the following applies:
Section
24
.
229.46 (3) (intro.) of the statutes is amended to read:
229.46
(3)
(intro.) At least
25%
25 percent
of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses
and
,
at least
5%
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
the district shall make efforts to ensure that a portion
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:
Section
25
.
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%
25 percent
of the employees hired because of the contract will be minority group members,
a portion
at least 1 percent
of the employees hired because of the contract will be employees of a disabled veteran-owned business, and at least
5%
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
26
.
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%
25 percent
of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses,
a portion
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, and at least
5%
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
27
.
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%
25 percent
of the dollar value of such contracts to minority businesses,
a portion
at least 1 percent
of the dollar value of such contracts to disabled veteran-owned businesses, and at least
5%
5 percent
of the dollar value of such contracts to women's businesses.
Section
28
.
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%
15 percent
of the employees hired because of the contract will be minority group members,
a portion
at least 1 percent
of the employees hired because of the contract will be employees of a disabled veteran-owned business, and at least
5%
5 percent
of the employees hired because of the contract will be women.
Section
29
.
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%
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,
a portion
at least 1 percent
of the aggregate dollar value of contracts awarded by the board shall be awarded to disabled veteran-owned businesses, and at least
5%
5 percent
of the aggregate dollar value of contracts awarded by the board shall be awarded to women's businesses.
Section
30
.
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%
15 percent
of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses,
a portion
at least 1 percent
of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, and at least
5%
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%
25 percent
of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses,
a portion
at least 1 percent
of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, and at least
5%
5 percent
of the aggregate dollar value of such contracts awarded by the district shall be awarded to women's businesses.
Section
31
.
Initial applicability.
(1) This act first applies with respect to contracts entered into and orders placed on the effective date of this subsection.
