Amendment SSA1-AB68

AB68-SSA1,93 Section 93 . 16.004 (25) of the statutes is created to read:

AB68-SSA1,48,17 16.004 (25) Procurement and risk management educational services. The department may provide educational services regarding procurement and risk management, including seminars, courses, or conferences, to local governmental units, as defined in s. 16.97 (7), and private organizations. The department shall charge and collect fees sufficient to recover the costs of activities authorized under this subsection.

AB68-SSA1,94 Section 94. 16.004 (26) of the statutes is created to read:

AB68-SSA1,48,21 16.004 (26) Tribal relations. The secretary shall appoint a director of Native American affairs to manage relations between the state and American Indian tribes or bands in the state.

AB68-SSA1,95 Section 95 . 16.035 of the statutes is created to read:

AB68-SSA1,48,24 16.035 Office of environmental justice. The office of environmental justice shall do all of the following:

AB68-SSA1,48,25 (1) Develop a statewide climate risk assessment and resiliency plan.

AB68-SSA1,49,3 (2) Assist state agencies, local governments, and federally recognized tribal governing bodies in this state with the development of climate risk assessment and resiliency plans.

AB68-SSA1,49,5 (3) Administer a climate risk assessment and resiliency plan technical assistance grant program.

AB68-SSA1,49,7 (4) Collaborate with state agencies and entities that serve vulnerable communities to address the impact of climate change on vulnerable communities.

AB68-SSA1,49,9 (5) Assess state agencies a fee for the development of climate risk assessment and resiliency plans.

AB68-SSA1,49,14 (6) Analyze grant opportunities, enforcement of environmental laws and regulations, and based on those analyses and input from residents of this state, advise and provide guidance to state entities on environmental justice and related community issues to address environmental issues and concerns that affect primarily low income and minority communities.

AB68-SSA1,49,18 (7) Based on the analysis required under sub. (6), create an annual report on issues, concerns, and problems related to environmental justice, including addressing areas of this state in need of environmental justice issues that require immediate attention.

AB68-SSA1,96 Section 96. 16.047 (4m) (b) of the statutes is amended to read:

AB68-SSA1,49,24 16.047 (4m) (b) The department shall establish a program to award grants of settlement funds from the appropriation under s. 20.855 (4) (h) to eligible applicants for the replacement of public transit vehicles or the installation of charging stations for vehicles with an electric motor. Any eligible applicant may apply for a grant under the program.

AB68-SSA1,97 Section 97. 16.047 (4m) (c) of the statutes is amended to read:

AB68-SSA1,50,5 16.047 (4m) (c) The department shall award grants under this subsection on a competitive basis and shall give preference to the replacement of public transit vehicles or the installation of charging stations for vehicles with an electric motor in communities or on routes that the department determines are critical for the purpose of connecting employees with employers.

AB68-SSA1,98 Section 98. 16.047 (4m) (d) of the statutes is amended to read:

AB68-SSA1,50,10 16.047 (4m) (d) An eligible applicant may use settlement funds awarded under this subsection only for the payment of costs incurred by the eligible applicant to replace public transit vehicles or install charging stations for vehicles with an electric motor in accordance with the settlement guidelines.

AB68-SSA1,99 Section 99. 16.047 (4s) of the statutes is repealed.

AB68-SSA1,100 Section 100. 16.07 of the statutes is created to read:

AB68-SSA1,50,19 16.07 Grants to American Indian tribes or bands. From the appropriation under s. 20.505 (1) (kk), the department shall award grants to American Indian tribes or bands in this state. No tribe or band may be awarded grant moneys under this section that exceed the amount awarded to any other tribe or band. Each tribe or band may use grant moneys as it deems necessary to support programs to meet the needs of members of the tribe or band. No grant moneys may be used to pay gaming-related expenses.

AB68-SSA1,101 Section 101. 16.09 of the statutes is created to read:

AB68-SSA1,50,22 16.09 Equal opportunity internship program. (1) Definitions. In this section:

AB68-SSA1,50,23 (a) “Division” means the division of personnel management.

AB68-SSA1,50,25 (b) “Low-income household” means a household having an income that does not exceed 300 percent of the federal poverty line based on family size.

AB68-SSA1,51,2 (c) “State agency” means any office, department, or independent agency in the executive branch of state government.

AB68-SSA1,51,6 (2) Program. The division shall establish a program under which it places up to 16 interns from low-income households annually with state agencies and members of the legislature, upon written request of the agency or member and upon approval of the request by the division, subject to all of the following requirements:

AB68-SSA1,51,10 (a) Each intern shall be paid a stipend of at least $15 per hour for services provided to the state agency or member of the legislature. The stipend may be paid for up to 20 hours of work per week. The stipend shall be paid from the appropriation under s. 20.505 (1) (kz).

AB68-SSA1,51,13 (b) The stipend an intern receives under par. (b) shall be disregarded in establishing household income for purposes of obtaining public benefits under any state program.

AB68-SSA1,102 Section 102. 16.19 of the statutes is created to read:

AB68-SSA1,51,21 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB68-SSA1,103 Section 103. 16.281 of the statutes is created to read:

AB68-SSA1,51,25 16.281 Equity grant program. The department shall develop and administer a program to provide grants to public, private, and nonprofit entities in this state that promote diversity and advance equity and inclusion.

AB68-SSA1,104 Section 104. 16.282 of the statutes is created to read:

AB68-SSA1,52,4 16.282 Equity grants. The department shall develop and administer a grants program to provide grants to public, private, and nonprofit entities in this state that promote diversity and advance equity and inclusion.

AB68-SSA1,105 Section 105. 16.283 (2) of the statutes is amended to read:

AB68-SSA1,52,8 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.

AB68-SSA1,106 Section 106. 16.283 (3) (b) 1m. a. of the statutes is amended to read:

AB68-SSA1,52,14 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.

AB68-SSA1,107 Section 107. 16.283 (3) (c) of the statutes is repealed.

AB68-SSA1,108 Section 108. 16.285 (1) (bm) of the statutes is repealed.

AB68-SSA1,109 Section 109. 16.287 (2) (dm) of the statutes is repealed.

AB68-SSA1,110 Section 110. 16.288 of the statutes is created to read:

AB68-SSA1,52,21 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.

AB68-SSA1,52,22 (b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).

AB68-SSA1,52,24 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB68-SSA1,53,3 (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).

AB68-SSA1,53,5 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB68-SSA1,53,8 (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.

AB68-SSA1,53,11 (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.

AB68-SSA1,53,15 (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:

AB68-SSA1,53,20 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.

AB68-SSA1,53,24 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.

AB68-SSA1,54,2 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB68-SSA1,54,6 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.

AB68-SSA1,54,16 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.

AB68-SSA1,54,24 (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.

AB68-SSA1,55,5 (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.

AB68-SSA1,55,10 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.

AB68-SSA1,55,15 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.

AB68-SSA1,55,18 (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.

AB68-SSA1,55,21 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.

AB68-SSA1,56,2 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.

AB68-SSA1,56,11 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.

AB68-SSA1,56,13 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.

AB68-SSA1,111 Section 111. 16.289 of the statutes is created to read:

AB68-SSA1,56,17 16.289 Disability-owned businesses. (1) Definitions. (a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation.

AB68-SSA1,56,18 (b) “Duly authorized representative" has the meaning given in s. 45.04 (1) (a).

AB68-SSA1,56,20 (c) “Financial adviser" means a business that serves as an adviser with regard to the sale of evidences of indebtedness or other obligations.

AB68-SSA1,56,23 (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).

AB68-SSA1,56,25 (e) “Useful business function" means the provision of materials, supplies, equipment, or services to customers, including the state.

AB68-SSA1,57,3 (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.

AB68-SSA1,57,6 (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.

AB68-SSA1,57,10 (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:

AB68-SSA1,57,15 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.

AB68-SSA1,57,18 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.

AB68-SSA1,57,20 c. The business, financial adviser, or investment firm has its principal place of business in this state.

AB68-SSA1,57,24 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.

AB68-SSA1,58,9 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.

AB68-SSA1,58,17 (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.

AB68-SSA1,58,22 (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.

AB68-SSA1,59,2 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.

AB68-SSA1,59,7 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.

AB68-SSA1,59,10 (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.

AB68-SSA1,59,13 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.

AB68-SSA1,59,18 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.

AB68-SSA1,60,2 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.

AB68-SSA1,60,4 (4) Department rule making. The department shall promulgate by administrative rule procedures to implement this section.